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Full Text of SB3158  101st General Assembly

SB3158 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3158

 

Introduced 2/11/2020, by Sen. Jacqueline Y. Collins

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/9-121
735 ILCS 5/9-122 new
735 ILCS 5/15-1701  from Ch. 110, par. 15-1701
815 ILCS 505/2Z  from Ch. 121 1/2, par. 262Z

    Amends the Eviction Article of the Code of Civil Procedure. Defines terms. Provides that a complaint for an eviction action shall include specified information. Provides that upon entry of an eviction order, the court shall make specified findings. Provides that a court file shall not be sealed if it pertains to an eviction in which: (1) the tenancy is commercial, or (2) the property that the plaintiff seeks possession of is a condominium unit and no tenants or occupants are named as defendants. Provides that the court may order that a court file in an eviction action be sealed if the interests of justice outweigh the interests of the public, taking specified factors in account. Provides that the court file shall be sealed: (1) in a foreclosure-related eviction action; (2) in a not-for-cause eviction; (3) if the parties to the eviction action so agree; and (4) in any action not resulting in an eviction order entered in favor of the plaintiff. Provides that any tenant or occupant named as a defendant in an eviction action may file a motion or petition to seal the court file. Provides the manner in which court files shall be sealed. Provides that the clerk of the circuit court shall automatically seal all eviction court files no later than 3 years after the plaintiff's initial filing with the court. Provides that if a person knows or has reasonable cause to know that information is derived from a sealed court file, he or she shall not disseminate the information. Provides, with exceptions, that a consumer reporting agency shall not disclose, or use in a consumer report, information regarding an eviction action in which there is no final disposition entered or the court file is sealed, and that any violation is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides for damages in the amount of $2,000 for each violation, or twice the actual and consequential damages sustained, whichever is greater, and the costs of the action. Makes conforming changes in the Mortgage Foreclosure Article of the Code of Civil Procedure and the Consumer Fraud and Deceptive Business Practices Act.


LRB101 19850 LNS 69370 b

 

 

A BILL FOR

 

SB3158LRB101 19850 LNS 69370 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Sections 9-121 and 15-1701 and by adding Section 9-122
6as follows:
 
7    (735 ILCS 5/9-121)
8    Sec. 9-121. Sealing of court file.
9    (a) Definition. As used in this Section: ,
10    "Consumer report" has the meaning provided in Section 603
11of the Fair Credit Reporting Act, 15 U.S.C. 1681a(d).
12    "Consumer reporting agency" has the meaning provided in
13Section 603 of the Fair Credit Reporting Act, 15 U.S.C.
141681a(f).
15    "Court court file" means the court file created when an
16eviction action is filed with the court, any document filed in
17the eviction action, and any document or other information,
18inscribed on a tangible medium or stored in an electronic or
19other medium, associated with the eviction action or court
20record.
21    "Dissemination" or "disseminate" means to publish,
22produce, print, manufacture, copy, distribute, sell, lease,
23exhibit, broadcast, display, transmit, or otherwise share

 

 

SB3158- 2 -LRB101 19850 LNS 69370 b

1information in any format so as to make the information
2accessible to others.
3    "Foreclosure-related eviction" means an eviction action
4brought against a tenant under Section 9-207.5; as set forth in
5paragraph (6) of subsection (h) of Section 15-1701; or in which
6a bona fide tenant is named in the foreclosure action as a
7permissible party under Section 15-1501.
8    "For-cause eviction" means an eviction action in which the
9court finds that a tenant or occupant has materially breached
10the lease; or an eviction action brought against a tenant or an
11occupant as set forth in paragraph (7) of subsection (a) of
12Section 9-102 in which the court finds that a tenant or
13occupant materially violated the lease or covenants, rules,
14regulations, or bylaws of the condominium.
15    "Not-for-cause eviction" means an eviction action in which
16the court does not find that a tenant or occupant has
17materially breached the lease; or an eviction action brought
18against a tenant or an occupant as set forth in paragraph (7)
19of subsection (a) of Section 9-102 in which the court does not
20find that the tenant or occupant materially violated the lease
21or covenants, rules, regulations, or bylaws of the condominium.
22"Not-for-cause eviction" includes an eviction action brought
23against a tenant or occupant on the basis that a tenant or
24occupant remains in the property after the termination of the
25lease or tenancy by its own limitation, condition, or terms, or
26by notice to quit or otherwise.

 

 

SB3158- 3 -LRB101 19850 LNS 69370 b

1    "Seal" or "sealing" means to make the court file
2unavailable to the public without a court order, but to
3physically and electronically maintain the records, unless the
4records would otherwise be destroyed due to age.
5    (a-5) A complaint for an eviction action shall include the
6following information:
7        (1) whether the tenancy is residential or commercial;
8        (2) the type of notice or demand that was given to
9    defendant, if any;
10        (3) a statement alleging the basis for the eviction
11    action, including whether a plaintiff alleges the eviction
12    action is a for-cause eviction or not-for-cause eviction;
13        (4) a statement alleging whether the eviction action is
14    a foreclosure-related eviction; and
15        (5) whether the property the plaintiff seeks
16    possession of is a condominium unit, and if so, whether
17    each defendant named in the action is an owner, tenant, or
18    occupant of the unit.
19    Nothing in this subsection imposes any duty upon the clerk
20of the circuit court to inspect a complaint for an eviction
21action for compliance with this subsection.
22    (a-10) Upon entry of an eviction order against a defendant,
23or when a court is required to consider whether a court file is
24qualified for sealing under subsection (b) or (c) in accordance
25with subsection (e), the court shall make the following
26findings:

 

 

SB3158- 4 -LRB101 19850 LNS 69370 b

1        (1) whether the eviction action is a
2    foreclosure-related eviction;
3        (2) whether the eviction action is a for-cause eviction
4    or a not-for-cause eviction;
5        (3) whether the eviction action relates to a commercial
6    tenancy and not a residential tenancy; and
7        (4) whether the property is a condominium, and if so,
8    whether the tenant or occupant was evicted for cause.
9    (a-15) A court file shall not be sealed under this Section
10if it pertains to an eviction action in which: (1) the tenancy
11is commercial, and not residential; or (2) the property that
12the plaintiff seeks possession of is a condominium unit and no
13tenants or occupants are named as defendants in the action.
14    (b) Discretionary sealing of court file. The court may
15order that a court file in an eviction action be placed under
16seal, regardless of the final disposition of the action, if the
17interests of justice in sealing the court file outweigh the
18interests of the public in maintaining a public record of the
19case, including, but not limited to, under the following
20circumstances: if
21        (1) the court finds that the plaintiff's action is
22    sufficiently without a basis in fact or law, which may
23    include a lack of jurisdiction;
24        (2) the judgment in favor of the plaintiff is for an
25    amount of $1,000 or less;
26        (3) the court finds that there is a prima facie defense

 

 

SB3158- 5 -LRB101 19850 LNS 69370 b

1    to the eviction action;
2        (4) the parties enter into a settlement agreement,
3    including an agreed entry of judgment, that does not result
4    in the plaintiff recovering possession; or
5        (5) the court determines that there are other grounds
6    justifying the sealing of the court file , that placing the
7    court file under seal is clearly in the interests of
8    justice, and that those interests are not outweighed by the
9    public's interest in knowing about the record.
10    (b-5) In determining a motion or petition to seal pursuant
11to subsection (b), the court may consider the following:
12        (1) the disposition of the eviction action relating to
13    the court file;
14        (2) whether the sealing of the court file is disputed
15    by the plaintiff, and if so, the adverse effects on the
16    plaintiff if the case file is sealed;
17        (3) the amount of time between the filing of the
18    eviction action and the filing of the motion or petition to
19    seal the court file;
20        (4) the specific adverse consequences to the defendant
21    if the court file remains a public record;
22        (5) whether there are any extenuating circumstances
23    that may have led to the plaintiff bringing an eviction
24    action against the tenant or occupant, including whether
25    the tenant or occupant has any defenses to the action; and
26        (6) any other factor the court deems useful in

 

 

SB3158- 6 -LRB101 19850 LNS 69370 b

1    balancing the interests of justice against the interests of
2    the public in accordance with subsection (b).
3    (c) Mandatory sealing of court file. The court file
4relating to an eviction action brought against a tenant under
5Section 9-207.5 of this Code or as set forth in subdivision
6(h)(6) of Section 15-1701 of this Code shall be placed under
7seal:
8        (1) in a foreclosure-related eviction action;
9        (2) in a not-for-cause eviction;
10        (3) if the parties to the eviction action so agree; and
11        (4) in an action not resulting in an eviction order
12    entered in favor of the plaintiff.
13    (d) Except as provided in subsection (a-10), any tenant or
14occupant named as a defendant in an eviction action may file a
15motion or petition to seal the court file of the eviction
16action, including an action filed before the effective date of
17this amendatory Act of the 101st General Assembly.
18    (e) Court files shall be sealed as follows:
19        (1) Court files identified as qualifying for mandatory
20    sealing under paragraph (1) or (2) of subsection (c) shall
21    be sealed by court order as soon as it is apparent to the
22    court that an action qualifies for mandatory sealing. The
23    court shall examine the plaintiff's complaint and any other
24    relevant information proffered by the parties, make
25    findings in accordance with subsection (a-10), and order
26    the court file sealed at the earliest upon filing and no

 

 

SB3158- 7 -LRB101 19850 LNS 69370 b

1    later than the return date on the original pleading filed
2    by the plaintiff.
3        Nothing in this subsection imposes a duty upon the
4    clerk of the circuit court to inspect a complaint for an
5    eviction action to ensure compliance with this subsection.
6        (2) Court files identified as qualifying for mandatory
7    sealing under paragraph (3) of subsection (c) shall be
8    sealed by court order as soon as the parties' agreement to
9    seal is entered by the court.
10        (3) Except as provided in this paragraph, court files
11    identified as qualifying for mandatory sealing under
12    paragraph (4) of subsection (c) shall be sealed by court
13    order no later than entry of the final disposition of the
14    action. The court shall seal the court file of an eviction
15    action in which there is not a final disposition and no
16    appeal is pending and there has been no action of record
17    for over 6 months without another court date scheduled.
18        (4) All other court files, including, but not limited
19    to, those pertaining to eviction actions filed before the
20    effective date of this amendatory Act of the 101st General
21    Assembly and those pertaining to eviction actions that
22    qualify for mandatory sealing under subsection (c) but were
23    misidentified as not qualifying for mandatory sealing,
24    shall be sealed, upon motion or petition, if the court
25    finds that the court file qualifies for mandatory sealing
26    under subsection (c) or discretionary sealing under

 

 

SB3158- 8 -LRB101 19850 LNS 69370 b

1    subsection (b).
2        (5) In an eviction action in which the court determines
3    a court file qualifies for mandatory sealing under
4    subsection (c) or discretionary sealing under subsection
5    (b), the court shall enter a separate order to seal the
6    court file.
7        (6) In an eviction action in which the court finds that
8    the court file is exempt from sealing under subsection
9    (a-10), the court shall enter a separate order with that
10    finding.
11    (f) Unless the court finds that the action involves either
12a commercial tenancy or a condominium unit in accordance with
13paragraph (3) or (4) of subsection (a-10), the clerk of the
14circuit court shall automatically seal all eviction action
15court files no later than 3 years after the plaintiff's initial
16filing with the court, regardless of the final disposition of
17the case. This subsection applies only to eviction actions
18filed after the effective date of this amendatory Act of the
19101st General Assembly.
20(Source: P.A. 100-173, eff. 1-1-18.)
 
21    (735 ILCS 5/9-122 new)
22    Sec. 9-122. Dissemination and use of information contained
23in a sealed court file.
24    (a) If a person knows or has reasonable cause to know that
25information is derived from a sealed court file, he or she

 

 

SB3158- 9 -LRB101 19850 LNS 69370 b

1shall not disseminate the information.
2    (b) A consumer reporting agency, including a tenant
3background screening service, shall not disclose the existence
4of, or information regarding, an eviction action if there is no
5final disposition entered by the court or if the court file is
6sealed under Section 9-121 or otherwise made confidential by
7the court, or use the action as a factor to determine any score
8or recommendation to be included in a consumer report
9pertaining to a person named in an action. A consumer reporting
10agency may include in a consumer report information found in a
11publicly available court file, if: (i) the consumer's full
12name, date of birth, social security number, and both the basis
13for and final disposition of the eviction action reported are
14included in the report; (ii) the consumer is permitted to
15include a 100-word statement about any court file included in
16any way in the report; and (iii) the information is removed
17from the report or from the calculation of any score or
18recommendation therein within 7 days of sealing of the court
19file from which it is derived.
20    Any violation of this subsection is an unlawful practice
21under the Consumer Fraud and Deceptive Business Practices Act.
22    (c) Any person who violates this Section shall be liable to
23the affected tenant or occupant for $2,000 for each violation,
24or twice the actual and consequential damages sustained,
25whichever is greater, and the costs of the action, including
26reasonable attorney's fees.

 

 

SB3158- 10 -LRB101 19850 LNS 69370 b

1    (d) This Section does not apply to a tenant or occupant
2whose court file was sealed, his or her counsel, the court, or
3the clerk of the circuit court.
4    (e) Nothing in this Section shall be deemed to waive the
5rights or remedies of any consumer under any law, rule, or
6regulation.
7    (f) Nothing in this Section prohibits the dissemination of
8information regarding a money judgment for the sole purpose of
9enforcing the judgment pursuant to Article XII of the Code of
10Civil Procedure.
11    (g) Nothing in this Section prohibits the provision of the
12eviction order to a sheriff for the sole purpose of enforcement
13of the order.
14    (h) If any provision of this Section or its application to
15any person or circumstance is held invalid, the invalidity of
16that provision or application does not affect other provisions
17or applications of this Section that can be given effect
18without the invalid provision or application.
 
19    (735 ILCS 5/15-1701)  (from Ch. 110, par. 15-1701)
20    Sec. 15-1701. Right to possession.
21    (a) General. The provisions of this Article shall govern
22the right to possession of the mortgaged real estate during
23foreclosure. Possession under this Article includes physical
24possession of the mortgaged real estate to the same extent to
25which the mortgagor, absent the foreclosure, would have been

 

 

SB3158- 11 -LRB101 19850 LNS 69370 b

1entitled to physical possession. For the purposes of Part 17,
2real estate is residential real estate only if it is
3residential real estate at the time the foreclosure is
4commenced.
5    (b) Pre-Judgment. Prior to the entry of a judgment of
6foreclosure:
7        (1) In the case of residential real estate, the
8    mortgagor shall be entitled to possession of the real
9    estate except if (i) the mortgagee shall object and show
10    good cause, (ii) the mortgagee is so authorized by the
11    terms of the mortgage or other written instrument, and
12    (iii) the court is satisfied that there is a reasonable
13    probability that the mortgagee will prevail on a final
14    hearing of the cause, the court shall upon request place
15    the mortgagee in possession. If the residential real estate
16    consists of more than one dwelling unit, then for the
17    purpose of this Part residential real estate shall mean
18    only that dwelling unit or units occupied by persons
19    described in clauses (i), (ii) and (iii) of Section
20    15-1219.
21        (2) In all other cases, if (i) the mortgagee is so
22    authorized by the terms of the mortgage or other written
23    instrument, and (ii) the court is satisfied that there is a
24    reasonable probability that the mortgagee will prevail on a
25    final hearing of the cause, the mortgagee shall upon
26    request be placed in possession of the real estate, except

 

 

SB3158- 12 -LRB101 19850 LNS 69370 b

1    that if the mortgagor shall object and show good cause, the
2    court shall allow the mortgagor to remain in possession.
3    (c) Judgment Through 30 Days After Sale Confirmation. After
4the entry of a judgment of foreclosure and through the 30th day
5after a foreclosure sale is confirmed:
6        (1) Subsection (b) of Section 15-1701 shall be
7    applicable, regardless of the provisions of the mortgage or
8    other instrument, except that after a sale pursuant to the
9    judgment the holder of the certificate of sale (or, if
10    none, the purchaser at the sale) shall have the mortgagee's
11    right to be placed in possession, with all rights and
12    duties of a mortgagee in possession under this Article.
13        (2) Notwithstanding paragraph (1) of subsection (b)
14    and paragraph (1) of subsection (c) of Section 15-1701,
15    upon request of the mortgagee, a mortgagor of residential
16    real estate shall not be allowed to remain in possession
17    between the expiration of the redemption period and through
18    the 30th day after sale confirmation unless (i) the
19    mortgagor pays to the mortgagee or such holder or
20    purchaser, whichever is applicable, monthly the lesser of
21    the interest due under the mortgage calculated at the
22    mortgage rate of interest applicable as if no default had
23    occurred or the fair rental value of the real estate, or
24    (ii) the mortgagor otherwise shows good cause. Any amounts
25    paid by the mortgagor pursuant to this subsection shall be
26    credited against the amounts due from the mortgagor.

 

 

SB3158- 13 -LRB101 19850 LNS 69370 b

1    (d) After 30 Days After Sale Confirmation. The holder of
2the certificate of sale or deed issued pursuant to that
3certificate or, if no certificate or deed was issued, the
4purchaser, except to the extent the holder or purchaser may
5consent otherwise, shall be entitled to possession of the
6mortgaged real estate, as of the date 30 days after the order
7confirming the sale is entered, against those parties to the
8foreclosure whose interests the court has ordered terminated,
9without further notice to any party, further order of the
10court, or resort to proceedings under any other statute other
11than this Article. This right to possession shall be limited by
12the provisions governing entering and enforcing orders of
13possession under subsection (g) of Section 15-1508. If the
14holder or purchaser determines that there are occupants of the
15mortgaged real estate who have not been made parties to the
16foreclosure and had their interests terminated therein, the
17holder or purchaser may bring an eviction proceeding under
18subsection (h) of this Section, if applicable, or under Article
19IX of this Code to terminate the rights of possession of any
20such occupants. The holder or purchaser shall not be entitled
21to proceed against any such occupant under Article IX of this
22Code until after 30 days after the order confirming the sale is
23entered.
24    (e) Termination of Leases. A lease of all or any part of
25the mortgaged real estate shall not be terminated automatically
26solely by virtue of the entry into possession by (i) a

 

 

SB3158- 14 -LRB101 19850 LNS 69370 b

1mortgagee or receiver prior to the entry of an order confirming
2the sale, (ii) the holder of the certificate of sale, (iii) the
3holder of the deed issued pursuant to that certificate, or (iv)
4if no certificate or deed was issued, the purchaser at the
5sale.
6    (f) Other Statutes; Instruments. The provisions of this
7Article providing for possession of mortgaged real estate shall
8supersede any other inconsistent statutory provisions. In
9particular, and without limitation, whenever a receiver is
10sought to be appointed in any action in which a foreclosure is
11also pending, a receiver shall be appointed only in accordance
12with this Article. Except as may be authorized by this Article,
13no mortgage or other instrument may modify or supersede the
14provisions of this Article.
15    (g) Certain Leases. Leases of the mortgaged real estate
16entered into by a mortgagee in possession or a receiver and
17approved by the court in a foreclosure shall be binding on all
18parties, including the mortgagor after redemption, the
19purchaser at a sale pursuant to a judgment of foreclosure and
20any person acquiring an interest in the mortgaged real estate
21after entry of a judgment of foreclosure in accordance with
22Sections 15-1402 and 15-1403.
23    (h) Proceedings Against Certain Occupants.
24        (1) The mortgagee-in-possession of the mortgaged real
25    estate under Section 15-1703, a receiver appointed under
26    Section 15-1704, a holder of the certificate of sale or

 

 

SB3158- 15 -LRB101 19850 LNS 69370 b

1    deed, or the purchaser may, at any time during the pendency
2    of the foreclosure and up to 90 days after the date of the
3    order confirming the sale, file a supplemental eviction
4    petition against a person not personally named as a party
5    to the foreclosure. This subsection (h) does not apply to
6    any lessee with a bona fide lease of a dwelling unit in
7    residential real estate in foreclosure.
8        (2) The supplemental eviction petition shall name each
9    such occupant against whom an eviction order is sought and
10    state the facts upon which the claim for relief is
11    premised.
12        (3) The petitioner shall serve upon each named occupant
13    the petition, a notice of hearing on the petition, and, if
14    any, a copy of the certificate of sale or deed. The
15    eviction proceeding, including service of the notice of the
16    hearing and the petition, shall in all respects comport
17    with the requirements of Article IX of this Code, except as
18    otherwise specified in this Section. The hearing shall be
19    no less than 21 days from the date of service of the
20    notice.
21        (4) The supplemental petition shall be heard as part of
22    the foreclosure proceeding and without the payment of
23    additional filing fees. An eviction order obtained under
24    this Section shall name each occupant whose interest has
25    been terminated, shall recite that it is only effective as
26    to the occupant so named and those holding under them, and

 

 

SB3158- 16 -LRB101 19850 LNS 69370 b

1    shall be enforceable for no more than 120 days after its
2    entry, except that the 120-day period may be extended to
3    the extent and in the manner provided in Section 9-117 of
4    Article IX and except as provided in item (5) of this
5    subsection (h).
6        (5) In a case of foreclosure where the occupant is
7    current on his or her rent, or where timely written notice
8    of to whom and where the rent is to be paid has not been
9    provided to the occupant, or where the occupant has made
10    good-faith efforts to make rental payments in order to keep
11    current, any eviction order must allow the occupant to
12    retain possession of the property covered in his or her
13    rental agreement (i) for 120 days following the notice of
14    the hearing on the supplemental petition that has been
15    properly served upon the occupant, or (ii) through the
16    duration of his or her lease, whichever is shorter,
17    provided that if the duration of his or her lease is less
18    than 30 days from the date of the order, the order shall
19    allow the occupant to retain possession for 30 days from
20    the date of the order. A mortgagee in possession, receiver,
21    holder of a certificate of sale or deed, or purchaser at
22    the judicial sale, who asserts that the occupant is not
23    current in rent, shall file an affidavit to that effect in
24    the supplemental petition proceeding. If the occupant has
25    been given timely written notice of to whom and where the
26    rent is to be paid, this item (5) shall only apply if the

 

 

SB3158- 17 -LRB101 19850 LNS 69370 b

1    occupant continues to pay his or her rent in full during
2    the 120-day period or has made good-faith efforts to pay
3    the rent in full during that period.
4        (6) The court records relating to a supplemental
5    eviction petition filed under this subsection (h) against
6    an occupant who is entitled to notice under item (5) of
7    this subsection (h), or relating to an eviction action
8    brought against an occupant who would have lawful
9    possession of the premises but for the foreclosure of a
10    mortgage on the property, or relating to a foreclosure
11    action in which a tenant or occupant has been named as a
12    defendant in the foreclosure action shall be ordered sealed
13    and shall not be disclosed to any person, other than a law
14    enforcement officer or any other representative of a
15    governmental entity, except upon further order of the
16    court.
17    (i) Termination of bona fide leases. The holder of the
18certificate of sale, the holder of the deed issued pursuant to
19that certificate, or, if no certificate or deed was issued, the
20purchaser at the sale shall not terminate a bona fide lease of
21a dwelling unit in residential real estate in foreclosure
22except pursuant to Article IX of this Code.
23(Source: P.A. 100-173, eff. 1-1-18.)
 
24    Section 10. The Consumer Fraud and Deceptive Business
25Practices Act is amended by changing Section 2Z as follows:
 

 

 

SB3158- 18 -LRB101 19850 LNS 69370 b

1    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
2    Sec. 2Z. Violations of other Acts. Any person who knowingly
3violates the Automotive Repair Act, the Automotive Collision
4Repair Act, the Home Repair and Remodeling Act, the Dance
5Studio Act, the Physical Fitness Services Act, the Hearing
6Instrument Consumer Protection Act, the Illinois Union Label
7Act, the Installment Sales Contract Act, the Job Referral and
8Job Listing Services Consumer Protection Act, the Travel
9Promotion Consumer Protection Act, the Credit Services
10Organizations Act, the Automatic Telephone Dialers Act, the
11Pay-Per-Call Services Consumer Protection Act, the Telephone
12Solicitations Act, the Illinois Funeral or Burial Funds Act,
13the Cemetery Oversight Act, the Cemetery Care Act, the Safe and
14Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the
15High Risk Home Loan Act, the Payday Loan Reform Act, the
16Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
173-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
183-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
19Internet Caller Identification Act, paragraph (6) of
20subsection (k) of Section 6-305 of the Illinois Vehicle Code,
21Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
22or 18d-153 of the Illinois Vehicle Code, Article 3 of the
23Residential Real Property Disclosure Act, the Automatic
24Contract Renewal Act, the Reverse Mortgage Act, Section 25 of
25the Youth Mental Health Protection Act, the Personal

 

 

SB3158- 19 -LRB101 19850 LNS 69370 b

1Information Protection Act, subsection (b) of Section 9-122 of
2the Code of Civil Procedure, or the Student Online Personal
3Protection Act commits an unlawful practice within the meaning
4of this Act.
5(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
6eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
7100-863, eff. 8-14-18.)