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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5420
Introduced 02/06/04, by Michael J. Madigan SYNOPSIS AS INTRODUCED:
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720 ILCS 5/17-5 |
from Ch. 38, par. 17-5 |
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Amends the Criminal Code of 1961. Makes technical changes in the deceptive
collection practices statute.
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A BILL FOR
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HB5420 |
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LRB093 17144 RLC 42810 b |
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| AN ACT in relation to criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing
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| Section 17-5 as follows:
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| (720 ILCS 5/17-5) (from Ch. 38, par. 17-5)
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| Sec. 17-5.
Deceptive collection practices.
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| A collection agency as defined in the "Collection Agency |
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| Act" or any
employee of the
such collection agency commits a |
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| deceptive collection
practice
when, with the intent to collect |
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| a debt owed to a person, corporation, or
other entity, he:
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| (a) represents falsely that he is an attorney, a policeman, |
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| a sheriff or
deputy sheriff, a bailiff, a county clerk or |
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| employee of a county clerk's
office, or any other person who by |
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| statute is authorized to enforce the law
or any order of a |
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| court; or
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| (b) while attempting to collect an alleged debt, |
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| misrepresents to the
alleged debtor or to his immediate family |
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| the corporate, partnership or
proprietary name or other trade |
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| or business name under which the debt
collector is engaging in |
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| debt collections and which he is legally
authorized to use; or
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| (c) while attempting to collect an alleged debt, adds to |
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| the debt any
service charge, interest or penalty which he is |
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| not entitled by law to add;
or
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| (d) threatens to ruin, destroy, or otherwise adversely |
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| affect an alleged
debtor's credit rating unless, at the same |
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| time, a disclosure is made in
accordance with federal law that |
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| the alleged debtor has a right to inspect
his credit rating; or
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| (e) accepts from an alleged debtor a payment which he knows |
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| is not owed.
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| The commission of a deceptive collection practice is a |
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| Business Offense
punishable by a fine not to exceed $3,000.
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