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91_HB0965
LRB9102775DJcd
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 17-5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 17-5 as follows:
7 (720 ILCS 5/17-5) (from Ch. 38, par. 17-5)
8 Sec. 17-5. Deceptive collection practices.
9 A collection agency as defined in the "Collection Agency
10 Act" or any employee of such a collection agency commits a
11 deceptive collection practice when, with the intent to
12 collect a debt owed to a person, corporation, or other
13 entity, he or she:
14 (a) represents falsely that he or she is an attorney, a
15 policeman, a sheriff or deputy sheriff, a bailiff, a county
16 clerk or employee of a county clerk's office, or any other
17 person who by statute is authorized to enforce the law or any
18 order of a court; or
19 (b) while attempting to collect an alleged debt,
20 misrepresents to the alleged debtor or to his immediate
21 family the corporate, partnership or proprietary name or
22 other trade or business name under which the debt collector
23 is engaging in debt collections and which he or she is
24 legally authorized to use; or
25 (c) while attempting to collect an alleged debt, adds to
26 the debt any service charge, interest or penalty which he or
27 she is not entitled by law to add; or
28 (d) threatens to ruin, destroy, or otherwise adversely
29 affect an alleged debtor's credit rating unless, at the same
30 time, a disclosure is made in accordance with federal law
31 that the alleged debtor has a right to inspect his or her
-2- LRB9102775DJcd
1 credit rating; or
2 (e) accepts from an alleged debtor a payment which he or
3 she knows is not owed.
4 The commission of a deceptive collection practice is a
5 Business Offense punishable by a fine not to exceed $3,000.
6 (Source: P.A. 78-1248.)