HB2909 98TH GENERAL ASSEMBLY

LRB098 10235 JLS 40394 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2909

Introduced , by Rep. Sue Scherer

SYNOPSIS AS INTRODUCED:

New Act
815 ILCS 505/2Z	from Ch. 121 1/2, par. 262Z

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

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

Section 1. Short title. This Act may be cited as the Wireless Telephone Customer Privacy Act.

Section 5. Definitions. In this Act:

"Customer proprietary network information" has the meaning given that term in 47 United States Code, Section 222(h)(1).

"Telecommunications carrier" has the meaning given that term in 47 United States Code, Section 1153(44).

"Wireless telephone service" means any form of wireless telephone service, including cellular telephone service, broadband personal communications telephone service, covered specialized mobile radio service, and any successors to such services.

"Wireless telephone service provider" means a telecommunications carrier that provides wireless telephone service.

Section 10. Sale or disclosure of customer proprietary network information prohibited.

(a) A person may not sell or disclose or offer to sell or disclose any customer proprietary network information relating to the wireless telephone service account of any resident of this State except as provided in subsection (b).

(b) The prohibition set forth in subsection (a) does not apply to a disclosure of customer proprietary network information that is:

(1) authorized by:

(A) a law or rule;

(B) an order of an agency having regulatory authority over a wireless telephone service provider; or

(C) the wireless telephone service account holder; or

(2) required by a subpoena, warrant, or other lawful process.

(c) A person who knowingly violates this Section commits a Class 2 felony.

(d) A violation of this Section constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act.

Section 90. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Wireless Telephone Customer Privacy Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, or the Personal Information Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 96-863, eff. 1-19-10; 96-1369, eff. 1-1-11; 96-1376, eff. 7-29-10; 97-333, eff. 8-12-11.)