HB1958 Engrossed

LRB095 07348 LCT 31972 b






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    AN ACT concerning business.

 
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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 Consumer Fraud and Deceptive Business 
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Practices Act is amended  by adding Section 2ZZ as follows:
 
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    (815 ILCS 505/2ZZ new)

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    Sec. 2ZZ. Wireless telephones and contracts.
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    (a) This Section may be cited as the Cell Phone Lemon Law.

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    (b) As used in this Section:
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    "Wireless telephone" means a telephone that operates 
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without a physical wireline connection to the provider's 
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equipment. The term includes, but is not limited to,  cellular 
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and mobile telephones.
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    "Wireless telephone service provider" includes a wireless 
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telephone service provider and its dealers, distributors, and 
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agents.

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    (c) This Section applies to any retail sale of a new 
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wireless telephone on or the effective date of this amendatory 
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Act of the 95th General Assembly to a consumer in this State
by 
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a wireless telephone service provider in conjunction with a 
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contract for wireless telephone service.

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    (d) If, within the period of a contract for wireless 
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telephone service, the  wireless telephone sold in conjunction 
 


 






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LRB095 07348 LCT 31972 b




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with a contract for wireless telephone service requires repair 
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or replacement on 3 or more occasions, the consumer may, in 
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lieu  of having the telephone repaired or replaced on the third 
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or subsequent occasion, choose either of the following options:
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        (1) The consumer may choose to cancel the contract for 
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    wireless telephone service without paying any early 
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    termination fee, penalty,  or charge.

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        (2) The consumer may elect to upgrade or downgrade his 
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    or her telephone. If the consumer chooses to upgrade his or 
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    her telephone, then the consumer shall pay the difference 
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    between the price of his or her current  telephone and the 
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    "best promotional price" of the telephone to which he or 
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    she is upgrading. If the consumer chooses to downgrade his 
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    or her telephone, then the consumer shall receive a credit 
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    for the difference between the price of his or her current  
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    telephone and the "best promotional price" of the telephone 
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    to which he or she is downgrading. If the consumer chooses 
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    the option of downgrading or upgrading his or her 
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    telephone, the consumer must be allowed to do so without 
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    the action automatically renewing his or her  contract for 
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    wireless telephone service or extending it. The consumer 
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    must  be allowed to change his or her telephone and continue 
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    with his or her current contract.

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    (e) The wireless telephone service provider shall give a 
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consumer a written statement of the consumer's rights under 
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this Section when a sale is made to which this Section applies.
 


 






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LRB095 07348 LCT 31972 b




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    (f) This Section does not apply to any repair to or 
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replacement of a phone that was damaged or failed to work 
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properly as a result of some action by the consumer. The types 
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of damage creating an inference of consumer action include, but 
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are not limited to, the following: equipment showing signs of 
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water (or other liquid) damage; equipment showing signs of 
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physical impact; a scratched or broken casing; forced 
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components or buttons; and other external damage.

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    (g) This Section does not apply to the quality or lack of 
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services, including, but not limited to, cellular or other 
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subscribed services available to the consumer, contractually 
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agreed upon rates, and equipment compatibility issues.

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