Rep. Elaine Nekritz

Filed: 5/23/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 1009 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Criminal Code of 2012 is amended by
5changing Section 17-5 as follows:
6    (720 ILCS 5/17-5)  (from Ch. 38, par. 17-5)
7    Sec. 17-5. Deceptive collection practices. A collection
8agency as defined in the the Collection Agency Act or any
9employee of such collection agency commits a deceptive
10collection practice when, with the intent to collect a debt
11owed to an individual or a corporation or other entity, he,
12she, or it does any of the following:
13    (a) Represents falsely that he or she is an attorney, a
14policeman, a sheriff or deputy sheriff, a bailiff, a county
15clerk or employee of a county clerk's office, or any other
16person who by statute is authorized to enforce the law or any



09800SB1009ham001- 2 -LRB098 05273 RLC 60173 a

1order of a court.
2    (b) While attempting to collect an alleged debt,
3misrepresents to the alleged debtor or to his or her immediate
4family the corporate, partnership or proprietary name or other
5trade or business name under which the debt collector is
6engaging in debt collections and which he, she, or it is
7legally authorized to use.
8    (c) While attempting to collect an alleged debt, adds to
9the debt any service charge, interest or penalty which he, she,
10or it is not entitled by law to add.
11    (d) Threatens to ruin, destroy, or otherwise adversely
12affect an alleged debtor's credit rating unless, at the same
13time, a disclosure is made in accordance with federal law that
14the alleged debtor has a right to inspect his or her credit
16    (e) Accepts from an alleged debtor a payment which he, she,
17or it knows is not owed.
18    Sentence. The commission of a deceptive collection
19practice is a Business Offense punishable by a fine not to
20exceed $3,000.
21(Source: P.A. 96-1551, eff. 7-1-11.)".