Full Text of HB5510 97th General Assembly
HB5510 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5510 Introduced , by Rep. Emily McAsey SYNOPSIS AS INTRODUCED: | | 720 ILCS 5/17-5 | from Ch. 38, par. 17-5 |
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Amends the Criminal Code of 1961. Makes a technical change in a Section concerning deceptive
collection practices.
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| | A BILL FOR |
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| | | HB5510 | | LRB097 20456 JWD 65967 b |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | Section 17-5 as follows:
| 6 | | (720 ILCS 5/17-5) (from Ch. 38, par. 17-5)
| 7 | | Sec. 17-5. Deceptive collection practices.
| 8 | | A collection agency as defined in the the Collection Agency | 9 | | Act or any
employee of such collection agency commits a | 10 | | deceptive collection practice
when, with the intent to collect | 11 | | a debt owed to an individual or a corporation or
other entity, | 12 | | he, she, or it does any of the following:
| 13 | | (a) Represents falsely that he or she is an attorney, a | 14 | | policeman, a sheriff or
deputy sheriff, a bailiff, a county | 15 | | clerk or employee of a county clerk's
office, or any other | 16 | | person who by statute is authorized to enforce the law
or any | 17 | | order of a court.
| 18 | | (b) While attempting to collect an alleged debt, | 19 | | misrepresents to the
alleged debtor or to his or her immediate | 20 | | family the corporate, partnership or
proprietary name or other | 21 | | trade or business name under which the debt
collector is | 22 | | engaging in debt collections and which he, she, or it is | 23 | | legally
authorized to use.
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| | | HB5510 | - 2 - | LRB097 20456 JWD 65967 b |
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| 1 | | (c) While attempting to collect an alleged debt, adds to | 2 | | the debt any
service charge, interest or penalty which he, she, | 3 | | or it is not entitled by law to add.
| 4 | | (d) Threatens to ruin, destroy, or otherwise adversely | 5 | | affect an alleged
debtor's credit rating unless, at the same | 6 | | time, a disclosure is made in
accordance with federal law that | 7 | | the alleged debtor has a right to inspect
his or her credit | 8 | | rating.
| 9 | | (e) Accepts from an alleged debtor a payment which he, she, | 10 | | or it knows is not owed.
| 11 | | Sentence. The commission of a deceptive collection | 12 | | practice is a Business Offense
punishable by a fine not to | 13 | | exceed $3,000.
| 14 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
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