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90_HB3297
815 ILCS 505/2II new
Amends the Consumer Fraud and Deceptive Business
Practices Act. Provides that an Internet service provider
that provides free usage to a new customer in this State must
cancel the customer's account when the free usage is
exhausted unless, before the end of the period, the customer
affirmatively communicates to the Internet service provider
by electronic mail, telephone, or U.S. Postal Service mail
that the customer wishes the account to remain open. Provides
that an Internet service provider must not charge the
customer for service after the date an account is canceled in
accordance with these requirements. Provides that an
Internet service provider who violates these provisions
commits an unlawful practice within the meaning of the Act.
LRB9011073WHmg
LRB9011073WHmg
1 AN ACT to amend the Consumer Fraud and Deceptive Business
2 Practices Act by adding Section 2II.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Consumer Fraud and Deceptive Business
6 Practices Act is amended by adding Section 2II as follows:
7 (815 ILCS 505/2II new)
8 Sec. 2II. Internet service providers. An Internet
9 service provider who provides a period of free usage or an
10 amount of free usage to a new customer in this State must
11 cancel the customer's account when the period of free usage
12 expires or the amount of free usage is exhausted unless,
13 before the period of free usage expires or the amount of free
14 usage is exhaused, the customer affirmatively communicates to
15 the Internet service provider by electronic mail, telephone,
16 or U.S. Postal Service mail that the customer wishes the
17 account to remain open. An Internet service provider must
18 not charge the customer for service after the date an account
19 is canceled in accordance with the requirements of this
20 Section. An Internet service provider who violates any
21 provision of this Section commits an unlawful practice within
22 the meaning of this Act.
23 As used in this Section, "Internet service provider"
24 means a person (regardless of whether the person is located
25 within or outside of Illinois) who provides access
26 (regardless of whether the access is through an online
27 service that provides other services that are not part of the
28 Internet) to customers in this State on an ongoing basis to
29 Internet electronic mail, the World Wide Web, Internet file
30 transfers, or any other information or data that may be sent
31 or received through the Internet.