97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2952

 

Introduced 2/23/2011, by Rep. Jehan A. Gordon

 

SYNOPSIS AS INTRODUCED:
 
New Act
815 ILCS 505/2Z  from Ch. 121 1/2, par. 262Z

    Creates the Cellular Telephone Customer Privacy Act. Provides that, with specified exceptions, a person may not sell or disclose or offer to sell or disclose any customer proprietary network information relating to the wireless telephone service account of any resident of this State. Provides that a person who knowingly violates this Act commits an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act, and amends the Consumer Fraud and Deceptive Business Practices Act accordingly.


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A BILL FOR

 

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1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Cellular Telephone Customer Privacy Act.
 
6    Section 5. Definitions. As used in this Act, unless the
7context otherwise indicates, the following terms have the
8following meanings:
9    "Customer proprietary network information" has the same
10meaning as in 47 United States Code, Section 222(h)(1).
11    "Telecommunications carrier" has the same meaning as in 47
12United States Code, Section 1153(44).
13    "Wireless telephone service" means any form of wireless
14telephone service, including cellular telephone service,
15broadband personal communications telephone service, covered
16specialized mobile radio service, and any successors to such
17services.
18    "Wireless telephone service provider" means a
19telecommunications carrier that provides wireless telephone
20service.
 
21    Section 10. Sale or disclosure of customer proprietary
22network information.

 

 

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1    (a) Prohibition. A person may not sell or disclose or offer
2to sell or disclose any customer proprietary network
3information relating to the wireless telephone service account
4of any resident of this State.
5    (b) Exception. The prohibition contained in subsection (a)
6does not apply to a disclosure of customer proprietary network
7information:
8        (1) authorized by:
9            (A) a law, regulation, or rule;
10            (B) an order of an agency having regulatory
11        authority over a wireless telephone service provider;
12        or
13            (C) the wireless telephone service account holder;
14        or
15        (2) required by a subpoena, warrant, or other lawful
16    process.
17    (c) Penalty. A person who knowingly violates this Act
18commits an unlawful practice under the Consumer Fraud and
19Deceptive Business Practices Act.
 
20    Section 90. The Consumer Fraud and Deceptive Business
21Practices Act is amended by changing Section 2Z as follows:
 
22    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
23    Sec. 2Z. Violations of other Acts. Any person who knowingly
24violates the Automotive Repair Act, the Automotive Collision

 

 

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1Repair Act, the Home Repair and Remodeling Act, the Dance
2Studio Act, the Physical Fitness Services Act, the Hearing
3Instrument Consumer Protection Act, the Illinois Union Label
4Act, the Job Referral and Job Listing Services Consumer
5Protection Act, the Travel Promotion Consumer Protection Act,
6the Credit Services Organizations Act, the Automatic Telephone
7Dialers Act, the Pay-Per-Call Services Consumer Protection
8Act, the Telephone Solicitations Act, the Illinois Funeral or
9Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care
10Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales
11Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
12the Mortgage Rescue Fraud Act, the Cellular Telephone Customer
13Privacy Act, subsection (a) or (b) of Section 3-10 of the
14Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the
15Cigarette Use Tax Act, the Electronic Mail Act, the Internet
16Caller Identification Act, paragraph (6) of subsection (k) of
17Section 6-305 of the Illinois Vehicle Code, Section 11-1431,
1818d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the
19Illinois Vehicle Code, Article 3 of the Residential Real
20Property Disclosure Act, the Automatic Contract Renewal Act, or
21the Personal Information Protection Act commits an unlawful
22practice within the meaning of this Act.
23(Source: P.A. 95-413, eff. 1-1-08; 95-562, eff. 7-1-08; 95-876,
24eff. 8-21-08; 96-863, eff. 1-19-10; 96-1369, eff. 1-1-11;
2596-1376, eff. 7-29-10; revised 9-2-10.)