HB2686 98TH GENERAL ASSEMBLY

LRB098 08135 JLS 38226 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2686

Introduced 2/21/2013, by Rep. Frances Ann Hurley

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2HHH

Amends the Consumer Fraud and Deceptive Business Practices Act. Expands the scope of the prohibition on third-party vendor billing for consumer goods or services in a manner that the charge appears on a consumer's telephone bill to include goods or services billed by or through a provider of wireless services. Effective immediately.

A BILL FOR

AN ACT concerning business.

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

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2HHH as follows:

(815 ILCS 505/2HHH)

Sec. 2HHH. Product and service charges billed on a telephone bill prohibited.

(a) Definitions. For purposes of this Section:

"Billing agent" means a person that submits charges for services or goods to a telecommunications carrier on behalf of a third-party vendor.

"Third-party vendor" means an entity not affiliated with a telecommunications carrier that sells services or goods to a consumer.

"Telecommunications carrier" has the same meaning as defined in Section 13-202 of the Public Utilities Act.

(b) A third-party vendor shall not bill, directly or through an intermediary, a consumer for goods or services, including goods or services billed by or through a provider of wireless services, that will appear as a charge on a consumer's telephone bill.

(c) A billing agent, on behalf of a third-party vendor, shall not submit, directly or through an intermediary, a charge to a telecommunications carrier for goods or services that will appear as a charge on a consumer's telephone bill.

(d) Any person who violates this Section commits an unlawful practice within the meaning of this Act.

(e) This Section does not apply to:

(1) services or goods provided by a telecommunications carrier subject to the provisions of Section 13-903 of the Public Utilities Act;

(2) services or goods sold by any affiliate of the telecommunications carrier issuing the bill to the consumer;

(3) services or goods sold by any third-party vendor that has a direct contractual arrangement for the joint or cooperative sale of such services or goods with the telecommunications carrier issuing the bill to the consumer; provided however, that the telecommunications carrier issuing the bill to the consumer shall be responsible for assuring that such services or goods are not sold without the informed authorization of the consumer;

(4) (blank) wireless services, as described in Section 13-804 of the Public Utilities Act and any other services or goods billed by or through a provider of wireless services;

(5) message telecommunications services that are initiated by dialing 1+, 0+, 0-, or 1010XXX and calls that are subject to the Pay-Per-Call Services Consumer Protection Act; or

(6) contributions to any charitable organization subject to Section 501(c)(3) of the Internal Revenue Code.

(Source: P.A. 96-827, eff. 11-30-09; 97-822, eff. 1-1-13.)

Section 99. Effective date. This Act takes effect upon becoming law.