Rep. Naomi D. Jakobsson

Filed: 5/10/2007

 

 


 

 


 
09500HB2564ham001 LRB095 00857 RLC 35709 a

1
AMENDMENT TO HOUSE BILL 2564

2     AMENDMENT NO. ______. Amend House Bill 2564 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Consumer Fraud and Deceptive Business
5 Practices Act is amended by adding Section 2ZZ as follows:
 
6     (815 ILCS 505/2ZZ new)
7     Sec. 2ZZ. Liability of customer of a wireless telephone
8 service provider.
9     (a) Limits on liability.
10         (1) A customer of a wireless telephone service provider
11     shall be liable for the unauthorized use of a wireless
12     telephone only if:
13             (A) the customer has a contract for wireless
14         telephone service with a wireless telephone service
15         provider;
16             (B) the liability is not in excess of $50;

 

 

09500HB2564ham001 - 2 - LRB095 00857 RLC 35709 a

1             (C) the wireless telephone service provider gives
2         adequate notice to the customer of the potential
3         liability;
4             (D) the wireless telephone service provider has
5         provided the customer with a description of a means by
6         which the wireless telephone service provider may be
7         notified of loss or theft of the wireless telephone,
8         which description may be provided on the face or
9         reverse side of the customer billing statement or on a
10         separate notice accompanying such statement;
11             (E) the unauthorized use occurs before the
12         wireless telephone service provider has been notified
13         that an unauthorized use of the wireless telephone has
14         occurred or may occur as the result of loss, theft, or
15         otherwise; and
16             (F) the wireless telephone service provider has
17         provided a method whereby the user of such wireless
18         telephone can be identified as the person authorized to
19         use it.
20         (2) For purposes of this Section, a wireless telephone
21     service provider has been notified when such steps as may
22     be reasonably required in the ordinary course of business
23     to provide the wireless telephone service provider with the
24     pertinent information have been taken, whether or not any
25     particular officer, employee, or agent of the wireless
26     telephone service provider does in fact receive such

 

 

09500HB2564ham001 - 3 - LRB095 00857 RLC 35709 a

1     information.
2     (b) Burden of proof.
3     In any action by a wireless telephone service provider to
4 enforce liability for the use of a wireless telephone, the
5 burden of proof is upon the wireless telephone service provider
6 to show that the use was authorized or, if the use was
7 unauthorized, then the burden of proof is upon the wireless
8 telephone service provider to show that the conditions of
9 liability for the unauthorized use of a wireless telephone, as
10 set forth in subsection (a) of this Section, have been met.
11     (c) Liability imposed by other laws or by agreement with
12 wireless telephone service provider.
13     Nothing in this Section imposes liability upon a customer
14 for the unauthorized use of a wireless telephone in excess of
15 his or her liability for such use under other applicable law or
16 under any agreement with the wireless telephone service
17 provider.
18     (d) Exclusiveness of liability.
19     Except as provided in this Section, a customer incurs no
20 liability from the unauthorized use of a wireless telephone.
21     (e) Violation.
22     A violation of this Section is an unlawful practice within
23 the meaning of this Act.
24     (f) Applicability.
25     This Section applies only to contracts entered into or
26 renewed on or after the effective date of this amendatory Act

 

 

09500HB2564ham001 - 4 - LRB095 00857 RLC 35709 a

1 of the 95th General Assembly.
2     (g) Definitions.
3     For purposes of this Section:
4         "Customer" means a person who has a contract for
5     wireless telephone service with a wireless telephone
6     service provider.
7         "Wireless telephone" means a telephone that operates
8     without a physical wireline connection to the provider's
9     equipment. The term includes, but is not limited to,
10     cellular and mobile telephones.
11         "Wireless telephone service provider" includes a
12     wireless telephone service provider and its dealers,
13     distributors, and agents.".