97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5510
 
Introduced , by Rep. Emily McAsey
 
SYNOPSIS AS INTRODUCED:
 
  
720 ILCS 5/17-5  from Ch. 38, par. 17-5

    Amends the Criminal Code of 1961.  Makes a technical change in a Section concerning deceptive
collection practices.



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A BILL FOR
 


HB5510LRB097 20456 JWD 65967 b



1    AN ACT concerning criminal law.

 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 

 
4    Section 5. The Criminal Code of 1961 is amended by changing 
5Section 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 the Collection Agency 
9Act or any
employee of such collection agency commits a 
10deceptive collection practice
when, with the intent to collect 
11a debt owed to an individual or a corporation or
other entity, 
12he, she, or it does any of the following:

13    (a) Represents falsely that he or she is an attorney, a 
14policeman, a sheriff or
deputy sheriff, a bailiff, a county 
15clerk or employee of a county clerk's
office, or any other 
16person who by statute is authorized to enforce the law
or any 
17order of a court.

18    (b) While attempting to collect an alleged debt, 
19misrepresents to the
alleged debtor or to his or her immediate 
20family the corporate, partnership or
proprietary name or other 
21trade or business name under which the debt
collector is 
22engaging in debt collections and which he, she, or it is 
23legally
authorized to use.

 
 
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1    (c) While attempting to collect an alleged debt, adds to 
2the debt any
service charge, interest or penalty which he, she, 
3or it is not entitled by law to add.

4    (d) Threatens to ruin, destroy, or otherwise adversely 
5affect an alleged
debtor's credit rating unless, at the same 
6time, a disclosure is made in
accordance with federal law that 
7the alleged debtor has a right to inspect
his or her credit 
8rating.

9    (e) Accepts from an alleged debtor a payment which he, she, 
10or it knows is not owed.

11    Sentence. The commission of a deceptive collection 
12practice is a Business Offense
punishable by a fine not to 
13exceed $3,000.

14(Source: P.A. 96-1551, eff. 7-1-11.)