|
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5420
Introduced 02/06/04, by Michael J. Madigan SYNOPSIS AS INTRODUCED:
|
|
720 ILCS 5/17-5 |
from Ch. 38, par. 17-5 |
|
Amends the Criminal Code of 1961. Makes technical changes in the deceptive
collection practices statute.
|
| |
|
|
|
|
A BILL FOR
|
|
|
|
|
HB5420 |
|
LRB093 17144 RLC 42810 b |
|
|
| 1 |
| AN ACT in relation to criminal law.
|
| 2 |
| Be it enacted by the People of the State of Illinois, |
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Criminal Code of 1961 is amended by changing
|
| 5 |
| Section 17-5 as follows:
|
| 6 |
| (720 ILCS 5/17-5) (from Ch. 38, par. 17-5)
|
| 7 |
| Sec. 17-5.
Deceptive collection practices.
|
| 8 |
| A collection agency as defined in the "Collection Agency |
| 9 |
| Act" or any
employee of the
such collection agency commits a |
| 10 |
| deceptive collection
practice
when, with the intent to collect |
| 11 |
| a debt owed to a person, corporation, or
other entity, he:
|
| 12 |
| (a) represents falsely that he is an attorney, a policeman, |
| 13 |
| a sheriff or
deputy sheriff, a bailiff, a county clerk or |
| 14 |
| employee of a county clerk's
office, or any other person who by |
| 15 |
| statute is authorized to enforce the law
or any order of a |
| 16 |
| court; or
|
| 17 |
| (b) while attempting to collect an alleged debt, |
| 18 |
| misrepresents to the
alleged debtor or to his immediate family |
| 19 |
| the corporate, partnership or
proprietary name or other trade |
| 20 |
| or business name under which the debt
collector is engaging in |
| 21 |
| debt collections and which he is legally
authorized to use; or
|
| 22 |
| (c) while attempting to collect an alleged debt, adds to |
| 23 |
| the debt any
service charge, interest or penalty which he is |
| 24 |
| not entitled by law to add;
or
|
| 25 |
| (d) threatens to ruin, destroy, or otherwise adversely |
| 26 |
| affect an alleged
debtor's credit rating unless, at the same |
| 27 |
| time, a disclosure is made in
accordance with federal law that |
| 28 |
| the alleged debtor has a right to inspect
his credit rating; or
|
| 29 |
| (e) accepts from an alleged debtor a payment which he knows |
| 30 |
| is not owed.
|
| 31 |
| The commission of a deceptive collection practice is a |
| 32 |
| Business Offense
punishable by a fine not to exceed $3,000.
|