Illinois General Assembly - Bill Status for HB1958

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that the new provisions may be cited as the Cell Phone Lemon Law. Provides that if, within the period of a contract for wireless telephone service, a wireless telephone sold in conjunction with a contract for wireless telephone service requires repair or replacement on 3 or more occasions, the consumer may, in lieu of having the telephone repaired or replaced on the third or subsequent occasion: choose to cancel the contract for wireless telephone service without paying any early termination fee, penalty, or charge; or elect to upgrade or downgrade the telephone in accordance with specified provisions. Provides that if, within the period of a contract for wireless telephone service, the wireless telephone sold in conjunction with a contract for wireless telephone service requires repair or replacement that results in the telephone being unavailable to the consumer for one day or more, or the consumer does not have full access to all of the contracted services for one day or more, the wireless telephone service provider shall pay the consumer $25 for each day the telephone is unavailable to the consumer or each day the consumer does not have full access to all of the contracted services. Requires a wireless telephone service provider to give a consumer a written statement of the consumer's rights. Provides that any repair to or replacement of a phone that was damaged or failed to work properly as a result of some action by the consumer is not covered by the listed Section. Makes violation of the new provisions an unlawful practice within the meaning of the Act.

Deletes language providing that if, within the period of a contract for wireless telephone service, the wireless telephone sold in conjunction with a contract for wireless telephone service requires repair or replacement that results in the telephone being unavailable to the consumer for one day or more, or the consumer does not have full access to all of the contracted services for one day or more, the wireless telephone service provider shall pay the consumer $25 for each day the telephone is unavailable to the consumer or each day the consumer does not have full access to all of the contracted services. Lists certain types of damage that create an inference that the damage was the result of action by the consumer. Provides that the provision does not apply to the quality or lack of services available to the consumer.

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