093_HB3603

 
                                     LRB093 06856 WGH 07002 b

 1        AN ACT concerning business practices.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Consumer  Fraud  and  Deceptive  Business
 5    Practices Act is amended by adding Section 2MM as follows:

 6        (815 ILCS 505/2MM new)
 7        Sec. 2MM.  Bill payment grace period; hospitalization.
 8        (a)  If  a  person who had been in a coma for at least 10
 9    days gives a creditor or debt collector written  notice  that
10    the  person  was  comatose  and includes documentation of the
11    duration of the coma in accordance  with  this  Section,  the
12    creditor  or  debt  collector  shall grant the person a grace
13    period for the payments of  debts.  The  grace  period  shall
14    begin on the date the person became comatose and shall end 15
15    days after the person is no longer comatose. The grace period
16    applies  only  to debts that were incurred by the person as a
17    consumer (as the term "consumer" is  defined  in  subdivision
18    (e) of Section 1 of this Act).
19        (b)  Upon   receiving  notice  under  this  Section,  the
20    creditor or debt collector may not:
21             (1)  impose any late fee or additional financing fee
22        in connection with  a  payment  by  the  person  that  is
23        received  after  its  due  date but before the end of the
24        grace period;
25             (2)  provide  to  a  credit  reporting  agency   any
26        information  with  respect  to  a  payment  described  in
27        subdivision  (1)  that is adverse to the interests of the
28        person or would adversely affect the credit  standing  of
29        the person; or
30             (3)  take  any  other  action that is adverse to the
31        interests of the person as a consequence of  the  failure
 
                            -2-      LRB093 06856 WGH 07002 b
 1        of  the  person  to  make  such  a  payment  described in
 2        subdivision (1) by  the  due  date,  if  the  payment  is
 3        received before the end of the grace period.
 4        (c)  Notice  may be given within 15 days after the person
 5    is no longer  comatose.  Upon  receiving  notice  under  this
 6    Section,  the  creditor  or  debt collector must refrain from
 7    taking any action prohibited under subsection (b) during  the
 8    remainder  of the grace period and shall promptly reverse any
 9    such action already taken by the creditor or  debt  collector
10    since the beginning of the grace period.
11        (d)  A  family  member  or other person interested in the
12    welfare of a comatose person may notify a  creditor  or  debt
13    collector of the coma while the person is still comatose. The
14    family  member or other person shall include documentation of
15    the duration of  the  coma  and  shall  promptly  notify  the
16    creditor  or  debt  collector  when  the  person is no longer
17    comatose.
18        (e)  A creditor  or  debt  collector  who  violates  this
19    Section  commits  an  unlawful practice within the meaning of
20    this Act.