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1 | | "Electronic tracking technology" means global positioning |
2 | | satellite or similar technology used to obtain or record the |
3 | | location of a motor vehicle. |
4 | | "Motor vehicle" or "vehicle" means a motor vehicle as |
5 | | defined in Chapter 5 of the Illinois Vehicle Code. |
6 | | "Optional services" means services that are optional and |
7 | | separate from the retail purchase or lease of a motor vehicle |
8 | | or extension of credit, are not a condition of or incident to |
9 | | the transaction or extension of credit, and may be canceled at |
10 | | any time. |
11 | | "Payment cycle" means a 30-day payment period. |
12 | | "Person" means a natural person, partnership, corporation, |
13 | | limited liability company, trust, estate, cooperative, |
14 | | association, or other similar entity. |
15 | | "Starter interrupt technology" means technology used to |
16 | | remotely disable the starter of a motor vehicle. |
17 | | "Transaction" means any credit sale, loan, or lease of a |
18 | | motor vehicle made to a consumer by a dealer, car rental |
19 | | company, or other creditor. "Transaction" includes any post |
20 | | default redemption and reinstatement of the credit sale, loan, |
21 | | or lease by the consumer. |
22 | | (b) Any credit sale, loan, or lease of a motor vehicle made |
23 | | after the effective date of this amendatory Act of the 100th |
24 | | General Assembly to a consumer by a dealer, car rental company, |
25 | | or other creditor is made subject to this Section. In |
26 | | connection with the credit sale, loan, or lease of a motor |
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1 | | vehicle to a consumer, a dealer, car rental company, or other |
2 | | creditor shall not use electronic tracking technology or |
3 | | starter interrupt technology unless it is used solely to verify |
4 | | and maintain the operational status of the tracking technology, |
5 | | to locate for repossession, to repossess the vehicle, or to |
6 | | locate the vehicle to service the account or keep the account |
7 | | current and the following conditions are met: |
8 | | (1) The dealer, car rental company, or other creditor |
9 | | clearly and conspicuously notifies the consumer at the time |
10 | | of the transaction that the vehicle is equipped with |
11 | | electronic tracking technology or starter interrupt |
12 | | technology and the technology may be used by the dealer, |
13 | | car rental company, or creditor to locate or disable the |
14 | | starter of the vehicle remotely. |
15 | | (2) The dealer, car rental company, or other creditor |
16 | | obtains written consent from the consumer that the vehicle |
17 | | is equipped with electronic tracking technology or starter |
18 | | interrupt technology and that the dealer, car rental |
19 | | company, or other creditor may use the electronic tracking |
20 | | technology or starter interrupt technology to locate or |
21 | | disable the starter of the vehicle remotely. |
22 | | (3) The dealer, car rental company, or creditor must |
23 | | provide notice to the consumer upon default within the time |
24 | | periods established in subsection (c). |
25 | | (4) The dealer or creditor may not use starter |
26 | | interrupt technology if the consumer tenders the amount |
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1 | | currently due on the loan to the dealer in an acceptable |
2 | | form of payment before the due date on the payment contract |
3 | | or provides proof of insurance as required under the |
4 | | contract. |
5 | | (5) The dealer, car rental company, or creditor shall |
6 | | not use starter interrupt technology to locate or disable |
7 | | the vehicle for any reason other than the consumer's |
8 | | failure to tender timely payment or for failure to maintain |
9 | | insurance as required under the contract. |
10 | | (6) The dealer, car rental company, or creditor shall |
11 | | not install or utilize any starter interrupt technology |
12 | | that would disable a vehicle after the vehicle's engine has |
13 | | been enabled and is running. |
14 | | (7) The dealer, car rental company, or creditor shall |
15 | | not separately charge the consumer for the installation or |
16 | | use of the starter interrupt technology or electronic |
17 | | tracking technology or for wireless airtime. |
18 | | (8) The dealer, car rental company, or creditor shall |
19 | | not separately charge the consumer for optional services |
20 | | purchased by the consumer. However, the consumer may waive |
21 | | this prohibition by clearly and conspicuously agreeing in a |
22 | | written disclosure to pay for the installation or use of |
23 | | the electronic tracking device for optional services. |
24 | | (9) The dealer, car rental company, or creditor shall |
25 | | not use electronic tracking technology or starter |
26 | | interrupt technology with a non-English speaking consumer |
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1 | | unless the dealer, car rental company, creditor, person, or |
2 | | company operating the electronic tracking technology or |
3 | | starter interrupt technology complies with Section 2N of |
4 | | this Act. |
5 | | (10) The dealer or creditor shall provide the consumer |
6 | | the ability to start a disabled vehicle for 24 hours after |
7 | | the vehicle is initially disabled at least once per payment |
8 | | cycle if the vehicle was disabled because the consumer |
9 | | failed to tender timely payment or failed to maintain |
10 | | insurance as required under the contract. Separate |
11 | | instructions on how to restart a disabled vehicle must be |
12 | | provided to consumer in a format that can be kept in the |
13 | | glove compartment of the vehicle in addition to the |
14 | | disclosures under this subsection. At a minimum, the dealer |
15 | | or creditor must provide the consumer with a toll free |
16 | | phone number to call to restart a disabled vehicle for 24 |
17 | | hours after the vehicle is initially disabled at least once |
18 | | per payment cycle if the vehicle was disabled because the |
19 | | consumer failed to tender timely payment or failed to |
20 | | maintain insurance as required under the contract. |
21 | | However, the one-time per payment cycle limitation does not |
22 | | apply if the vehicle was disabled due to mistake, |
23 | | malfunction or other event not attributable to the |
24 | | consumer. |
25 | | (c) A clear and conspicuous written disclosure shall be a |
26 | | separate document in 12-point bold font and shall disclose all |
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1 | | of the following: |
2 | | (1) Describe the electronic tracking and starter |
3 | | interrupt devices installed on the vehicle and the data |
4 | | that will be collected and stored. |
5 | | (2) Inform the consumer that use of an electronic |
6 | | tracking or starter interrupt device will allow a dealer, |
7 | | car rental company, or creditor to track a vehicle's |
8 | | location. |
9 | | (3) Inform the consumer that warnings will be provided |
10 | | no less than 48 hours before the vehicle is disabled |
11 | | remotely. The warning must be transmitted through at least |
12 | | 2 modes of communication, such as e-mail, mail, telephone, |
13 | | text message, or through the device itself. |
14 | | (4) Inform the consumer that the dealer, car rental |
15 | | company, or other creditor will locate or disable a vehicle |
16 | | using electronic tracking or starter interrupt technology |
17 | | following failure to tender timely payment or for failure |
18 | | to maintain insurance as required under the contract. |
19 | | (5) Include the name, address, email address, and |
20 | | telephone number of the person or company operating the |
21 | | electronic tracking or starter interrupt device. |
22 | | (6) Include, if known, the name, address, email |
23 | | address, and telephone number of the creditor associated |
24 | | with the person or company operating the electronic |
25 | | tracking or starter interrupt device. If not known at the |
26 | | time of the contract, the dealer or car rental company must |
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1 | | notify the consumer within 7 business days of the contract |
2 | | the creditor's name, address, email address, and telephone |
3 | | number. |
4 | | (7) Provide that, in the event of an emergency, the |
5 | | consumer will be provided with the ability to start a |
6 | | disabled vehicle for 24 hours after the vehicle is |
7 | | initially disabled and the number of times during the |
8 | | payment cycle the restarting may occur. Separate |
9 | | instructions on how to restart a disabled vehicle must be |
10 | | provided to the consumer in a format that can be kept in |
11 | | the glove compartment of the vehicle in addition to the |
12 | | disclosures under this subsection. At a minimum, the |
13 | | dealer, car rental company, or creditor must provide the |
14 | | consumer with a toll free phone number to call to restart a |
15 | | disabled vehicle for 24 hours after the vehicle is |
16 | | initially disabled at least once per payment cycle if the |
17 | | vehicle was disabled because the consumer failed to tender |
18 | | timely payment or failed to maintain insurance as required |
19 | | under the contract. However, the one-time per payment cycle |
20 | | limitation does not apply if the vehicle was disabled due |
21 | | to a mistake, malfunction, or other event not attributable |
22 | | to the consumer. |
23 | | (d) A dealer, car rental company, or other creditor is not |
24 | | in violation of this Section if law enforcement instructs the |
25 | | dealer, car rental company, or other creditor to use the |
26 | | electronic tracking or starter interrupt technology for a |
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1 | | lawful criminal investigation. |
2 | | (e) A consumer damaged by a violation of this Section by a |
3 | | dealer, car rental company, or other creditor is entitled to |
4 | | recover from the violator actual damages and reasonable |
5 | | attorney's fees and court costs. Nothing in this Section limits |
6 | | a consumer's cause of action against any party if the consumer |
7 | | is damaged by a malfunction of the electronic tracking or |
8 | | starter interrupt technology. |
9 | | (f) The electronic tracking technology or starter |
10 | | interrupt technology identified in this Section may only be |
11 | | used, applied, or associated with a credit sale, loan, or lease |
12 | | of a motor vehicle. |
13 | | (g) If a dealer, car rental company, or creditor uses |
14 | | starter interrupt technology to disable a vehicle, the dealer, |
15 | | car rental company, or creditor is responsible for all |
16 | | liabilities associated with the vehicle from the time of the |
17 | | use of starter interrupt technology to disable a vehicle. If |
18 | | the consumer cures the default, the consumer shall have a |
19 | | reasonable opportunity to retrieve the vehicle before again |
20 | | becoming responsible for all liabilities. If a consumer cures |
21 | | the default before the creditor takes physical possession of |
22 | | the vehicle, this will not invoke the consumer's right to |
23 | | reinstatement pursuant to Article 9 of the Uniform Commercial |
24 | | Code. A consumer must be in default for a minimum of 5 days |
25 | | before the process can begin. |
26 | | (h) Privacy, storage, and destruction of data obtained by |
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1 | | manufacturers of electronic tracking technology or starter |
2 | | interrupt technology. |
3 | | (1) A manufacturer of an electronic tracking |
4 | | technology or starter interrupt technology, or an |
5 | | authorized recipient of such data, shall implement and |
6 | | maintain reasonable security measures to protect the data |
7 | | associated with a motor vehicle's electronic tracking |
8 | | technology or starter interrupt technology from |
9 | | unauthorized access, acquisition, destruction, use, |
10 | | modification, or disclosure. |
11 | | (2) A manufacturer of electronic tracking technology |
12 | | or starter interrupt technology or an authorized recipient |
13 | | of such data, shall destroy, utilizing the following |
14 | | procedures, all data associated with a motor vehicle's |
15 | | electronic tracking technology or starter interrupt |
16 | | technology. Destruction shall occur no later than 2 years |
17 | | after the termination of the device or termination of the |
18 | | optional services as permitted under item (8) of subsection |
19 | | (b). |
20 | | (A) Paper documents containing data associated |
21 | | with a motor vehicle's electronic tracking technology |
22 | | or starter interrupt technology shall be either |
23 | | permanently redacted, burned, pulverized, or shredded |
24 | | so that all data associated with the motor vehicle's |
25 | | electronic tracking technology or starter interrupt |
26 | | technology cannot practicably be read or |
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1 | | reconstructed. |
2 | | (B) Electronic media and other non-paper media |
3 | | containing data associated with a motor vehicle's |
4 | | electronic tracking technology or starter interrupt |
5 | | technology shall be destroyed or erased so that all |
6 | | data associated with the motor vehicle's electronic |
7 | | tracking technology or starter interrupt technology |
8 | | cannot practicably be read or reconstructed. |
9 | | (3) A manufacturer of electronic tracking technology |
10 | | or starter interrupt technology, its affiliates, |
11 | | subsidiaries, agents, directors, successors and assigns, |
12 | | officers and employees, as well as any recipient of |
13 | | electronic tracking or starter interrupt device data, are |
14 | | prohibited from selling any of the data associated with a |
15 | | motor vehicle's electronic tracking technology or starter |
16 | | interrupt technology except as necessary for the provision |
17 | | of optional services as permitted under item (8) of |
18 | | subsection (b), or, data aggregated in such a manner that |
19 | | only non-identifying information can be obtained. |
20 | | (i) A consumer's attempt to intentionally disable the |
21 | | device shall be deemed a default and the consumer shall not be |
22 | | granted the normal opportunity to restart the vehicle for 24 |
23 | | hours after the default. |
24 | | (j) It is an unlawful practice within the meaning of this |
25 | | Act for a dealer, car rental company, or creditor to fail to |
26 | | remove electronic tracking technology or starter interrupt |
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1 | | technology in any of the following situations: |
2 | | (1) Within 5 days after a consumer has fulfilled the |
3 | | credit obligations associated with the credit sale, loan, |
4 | | or lease of the motor vehicle purchase. |
5 | | (2) Within 7 days after disabling the vehicle using |
6 | | electronic tracking technology or starter interrupt |
7 | | technology. |
8 | | (3) Prior to sale or resale of a motor vehicle |
9 | | originally equipped with electronic tracking technology or |
10 | | starter interrupt technology to any seller, including but |
11 | | not limited to, another consumer or dealer. |
12 | | (k) It is an unlawful practice within the meaning of this |
13 | | Act for a dealer, car rental company, or creditor to use or |
14 | | activate starter interrupt technology prior to a consumer |
15 | | defaulting for non-payment or failure to maintain insurance. In |
16 | | the event that a consumer cures the default, redeems or |
17 | | reinstates the vehicle, the dealer, car rental company, or |
18 | | creditor shall, within 24 hours of redemption or reinstatement, |
19 | | provide the consumer with the ability to restart the vehicle |
20 | | and cease using electronic tracking technology or starter |
21 | | interrupt technology. A dealer, car rental company, or creditor |
22 | | continues to have the ability to use or activate electronic |
23 | | tracking technology or starter interrupt technology if a |
24 | | consumer subsequently defaults on a credit sale, loan, or lease |
25 | | of a motor vehicle. ".
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