(220 ILCS 5/13-713)
(Section scheduled to be repealed on December 31, 2020)
Consumer complaint resolution process.
(a) It is the intent of the General Assembly
that consumer complaints against
telecommunications carriers shall be concluded as expeditiously as possible
consistent with the rights of the parties thereto to the due process of law
and protection of the public interest.
(b) The Commission shall promulgate rules that permit parties
to resolve disputes through mediation. A consumer may request mediation upon
completion of the Commission's informal complaint process and prior to the
initiation of a formal complaint as described in Commission rules.
(c) A residential consumer or business
consumer with fewer than 20 lines shall have the right to request mediation for
resolution of a dispute with a telecommunications carrier. The carrier shall
be required to participate in mediation at the consumer's request.
(d) The Commission may retain the services of an independent neutral
mediator or trained Commission staff to facilitate resolution of the consumer
dispute. The mediation process must be completed no later than 45 days after
the consumer requests mediation.
(e) If the parties reach agreement, the agreement shall be reduced to
writing at the conclusion of the mediation. The writing shall contain mutual
conditions, payment arrangements, or other terms that resolve the dispute in
entirety. If the parties are unable to reach agreement or after 45 days,
whichever occurs first, the consumer may file a formal complaint with the
Commission as described in Commission rules.
(f) If either the consumer or the carrier fails to abide by the terms of the
settlement agreement, either party may exercise any rights it may have as
specified in the terms of the agreement or as provided in Commission rules.
(g) All notes, writings and settlement discussions related to the mediation
shall be exempt from discovery and shall be inadmissible in any agency or court
(Source: P.A. 100-20, eff. 7-1-17.)