HB5808 98TH GENERAL ASSEMBLY

LRB098 18198 JLS 53327 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5808

Introduced , by Rep. Tom Demmer

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2RRR new

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for an operator of a video service or a home entertainment device that is connected to a means of visual display to collect visual, auditory, location, or electromagnetic information from the vicinity of the device unless the device displays an onscreen message and provides a description of the types of information that will be collected and how that information will be used. Provides that, if an operator offers a video service involving the collection of visual or auditory information from the vicinity of the device used to display the video programing stream to the consumer of if a consumer's home entertainment device is a recording device, the operator or device maker, respectively, must offer a video service on home entertainment device that does not involve the collection of that information but is otherwise identical. Contains provisions regarding disclosures, alternative service or equipment, and other matters.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2RRR as follows:

(815 ILCS 505/2RRR new)

Sec. 2RRR. Recording device notification.

(a) As used in this Section:

"Home entertainment device" means any device that transmits audio or video data primarily displayed on a television.

"Operator" means, with respect to a video service, the person with whom the consumer directly interacts to select and initiate the transmission of a video programming stream.

"Recording device" means a device that has capacity to capture, analyze, or transmit audio or video information from the surrounding environment.

(b) An operator of a video service or a home entertainment device that is connected to a means of visual display may not collect visual, auditory, location, or electromagnetic information from the vicinity of the device unless the device displays an onscreen message that reads: "Currently recording" and provides to the consumer a description of the types of information that will be collected and how that information will be used. If the recording device has no means of visual display, the operator or device maker must provide a notification indicator on the exterior of the device.

(c) The onscreen message required under this Section shall be displayed continuously during the time information is being collected. The onscreen message shall be displayed in a color, font, and size easily readable at a normal viewing distance.

(d) The disclosure required under this Section shall be provided as part of the terms and conditions to which the consumer must agree before using the video service or home entertainment device. In the case of a video service that is accessed through a device sold or provided to the consumer by the operator of the video service, the disclosure required under this Section must be provided as part of the written instructions accompanying the device.

(e) If an operator offers a video service involving the collection of visual or auditory information from the vicinity of the device used to display the video programing stream to the consumer of if a consumer's home entertainment device is a recording device, the operator or device maker, respectively, must offer a video service on home entertainment device that does not involve the collection of that information, but is otherwise identical in all respects. In the case of a video service that is accessed through a device sold or provided to the consumer by the operator of the video service or in the case of recording devices, the operator or device maker shall provide alternative service or equipment that is not capable of collecting that information.

(f) It is an unlawful practice within the meaning of this Act to collect visual, auditory, location, or electromagnetic information in a manner that violates this Section.