093_HB3604
LRB093 06849 WGH 06995 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 is or has been hospitalized for at
9 least 10 days gives a creditor or debt collector written
10 notice of the person's hospitalization and includes
11 documentation of the period of hospitalization in accordance
12 with this Section, the creditor or debt collector shall grant
13 the person a grace period for the payments of debts. The
14 grace period shall begin on the date the hospitalization
15 began and shall end 15 days after the patient is no longer
16 hospitalized. The grace period applies only to debts that
17 were incurred by the person as a consumer (as the term
18 "consumer" is defined in subdivision (e) of Section 1 of this
19 Act).
20 (b) Upon receiving notice under this Section, the
21 creditor or debt collector may not:
22 (1) impose any late fee or additional financing fee
23 in connection with a payment by the person that is
24 received after its due date but before the end of the
25 grace period;
26 (2) provide to a credit reporting agency any
27 information with respect to a payment described in
28 subdivision (1) that is adverse to the interests of the
29 person or would adversely affect the credit standing of
30 the person; or
31 (3) take any other action that is adverse to the
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1 interests of the person as a consequence of the failure
2 of the person to make such a payment described in
3 subdivision (1) by the due date, if the payment is
4 received before the end of the grace period.
5 (c) Notice may be given during the hospitalization or
6 within 15 days after the end of the hospitalization. Upon
7 receiving notice under this Section, the creditor or debt
8 collector must refrain from taking any action prohibited
9 under subsection (b) during the remainder of the grace period
10 and shall promptly reverse any such action already taken by
11 the creditor or debt collector since the beginning of the
12 grace period.
13 (d) If a person notifies a creditor or debt collector of
14 the hospitalization while the person is still hospitalized,
15 the person shall promptly notify the creditor or debt
16 collector when he or she is discharged and shall include
17 documentation of the duration of the hospitalization.
18 (e) A creditor or debt collector who violates this
19 Section commits an unlawful practice within the meaning of
20 this Act.