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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2909 Introduced , by Rep. Sue Scherer SYNOPSIS AS INTRODUCED:
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| New Act | | 815 ILCS 505/2Z | from Ch. 121 1/2, par. 262Z |
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Creates the Wireless Telephone Customer Privacy Act. Prohibits the disclosure of customer proprietary network information. Defines terms. Provides exemptions for disclosure pursuant to law. Provides that a violation is a Class 2 felony. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a violation of the Wireless Telephone Customer Privacy Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | HB2909 | | LRB098 10235 JLS 40394 b |
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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 1. Short title. This Act may be cited as the |
| 5 | | Wireless Telephone Customer Privacy Act.
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| 6 | | Section 5. Definitions. In this Act: |
| 7 | | "Customer proprietary network information" has the meaning |
| 8 | | given that term in 47 United States Code, Section 222(h)(1). |
| 9 | | "Telecommunications carrier" has the meaning given that |
| 10 | | term in 47 United States Code, Section 1153(44). |
| 11 | | "Wireless telephone service" means any form of wireless |
| 12 | | telephone service, including cellular telephone service, |
| 13 | | broadband personal communications telephone service, covered |
| 14 | | specialized mobile radio service, and any successors to such |
| 15 | | services. |
| 16 | | "Wireless telephone service provider" means a |
| 17 | | telecommunications carrier that provides wireless telephone |
| 18 | | service.
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| 19 | | Section 10. Sale or disclosure of customer proprietary |
| 20 | | network information prohibited. |
| 21 | | (a) A person may not sell or disclose or offer to sell or |
| 22 | | disclose any customer proprietary network information relating |
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| | HB2909 | - 2 - | LRB098 10235 JLS 40394 b |
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| 1 | | to the wireless telephone service account of any resident of |
| 2 | | this State except as provided in subsection (b). |
| 3 | | (b) The prohibition set forth in subsection (a) does not |
| 4 | | apply to a disclosure of customer proprietary network |
| 5 | | information that is: |
| 6 | | (1) authorized by: |
| 7 | | (A) a law or rule; |
| 8 | | (B) an order of an agency having regulatory |
| 9 | | authority over a wireless telephone service provider; |
| 10 | | or |
| 11 | | (C) the wireless telephone service account holder; |
| 12 | | or |
| 13 | | (2) required by a subpoena, warrant, or other lawful |
| 14 | | process. |
| 15 | | (c) A person who knowingly violates this Section commits a |
| 16 | | Class 2 felony. |
| 17 | | (d) A violation of this Section constitutes a violation of |
| 18 | | the Consumer Fraud and Deceptive Business Practices Act.
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| 19 | | Section 90. The Consumer Fraud and Deceptive Business |
| 20 | | Practices Act is amended by changing Section 2Z as follows:
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| 21 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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| 22 | | Sec. 2Z. Violations of other Acts. Any person who knowingly |
| 23 | | violates
the Automotive Repair Act, the Automotive Collision |
| 24 | | Repair Act, the Wireless Telephone Customer Privacy Act,
the |
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| | HB2909 | - 3 - | LRB098 10235 JLS 40394 b |
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| 1 | | Home Repair and Remodeling Act,
the Dance Studio Act,
the |
| 2 | | Physical Fitness Services Act,
the Hearing Instrument Consumer |
| 3 | | Protection Act,
the Illinois Union Label Act,
the Job Referral |
| 4 | | and Job Listing Services Consumer Protection Act,
the Travel |
| 5 | | Promotion Consumer Protection Act,
the Credit Services |
| 6 | | Organizations Act,
the Automatic Telephone Dialers Act,
the |
| 7 | | Pay-Per-Call Services Consumer Protection Act,
the Telephone |
| 8 | | Solicitations Act,
the Illinois Funeral or Burial Funds Act,
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| 9 | | the Cemetery Oversight Act, the Cemetery Care Act,
the Safe and |
| 10 | | Hygienic Bed Act,
the Pre-Need Cemetery Sales Act,
the High |
| 11 | | Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage |
| 12 | | Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the
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| 13 | | Cigarette Tax Act, subsection
(a) or (b) of Section 3-10 of the |
| 14 | | Cigarette Use Tax Act, the Electronic
Mail Act, the Internet |
| 15 | | Caller Identification Act, paragraph (6)
of
subsection (k) of |
| 16 | | Section 6-305 of the Illinois Vehicle Code, Section 11-1431, |
| 17 | | 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the |
| 18 | | Illinois Vehicle Code, Article 3 of the Residential Real |
| 19 | | Property Disclosure Act, the Automatic Contract Renewal Act, or |
| 20 | | the Personal Information Protection Act commits an unlawful |
| 21 | | practice within the meaning of this Act.
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| 22 | | (Source: P.A. 96-863, eff. 1-19-10; 96-1369, eff. 1-1-11; |
| 23 | | 96-1376, eff. 7-29-10; 97-333, eff. 8-12-11.)
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