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Public Act 102-0975


 

Public Act 0975 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0975
 
HB5220 EnrolledLRB102 25772 BMS 35102 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Financial Institutions Code is amended by
changing Sections 4 and 6 as follows:
 
    (20 ILCS 1205/4)  (from Ch. 17, par. 104)
    Sec. 4. As used in this Act:
    (a) "Department" means the Department of Financial and
Professional Regulation Institutions.
    (b) "Director" means the Director of the Division of
Financial Institutions and any authorized representative of
the Director.
    "Division" means the Division of Financial Institutions of
the Department.
    (c) "Person" means any individual, partnership, joint
venture, trust, estate, firm, corporation, association or
cooperative society or association.
    (d) "Financial institutions" means ambulatory and
community currency exchanges, credit unions, guaranteed credit
unions, money transmitters, persons engaged in the business of
transmitting money to foreign countries or buying and selling
foreign money, pawners' societies, title insuring or
guaranteeing companies, consumer installment lenders, payday
lenders, sales finance agencies, and any other industry or
business that offers services or products that are regulated
under any Act administered by the Director and persons engaged
in the business of making loans of $800 or less, all as
respectively defined in the laws referred to in Section 6 of
this Act. The term includes sales finance agencies, as defined
in the "Sales Finance Agency Act", enacted by the 75th General
Assembly.
    "License" means any certificate or authorization issued to
any person, party, or entity pursuant to any Act administered
by the Division.
    "Licensee" means any person, party, or entity who is or
comes to be certified, chartered, registered, licensed, or
otherwise authorized by the Division pursuant to any Act
administered by the Division.
    (e) "Payday loan" has the meaning ascribed to that term in
the Payday Loan Reform Act.
    "Person" means any individual, partnership, joint venture,
trust, estate, firm, corporation, cooperative society or
association, or any other form of business association or
legal entity.
    "Secretary" means the Secretary of Financial and
Professional Regulation and any authorized representative of
the Secretary.
(Source: P.A. 94-13, eff. 12-6-05.)
 
    (20 ILCS 1205/6)  (from Ch. 17, par. 106)
    Sec. 6. General powers and duties. In addition to the
powers and duties provided by law and imposed elsewhere in
this Act, the Division Department has the following powers and
duties:
    (1) To administer and enforce the Consumer Installment
Loan Act and its implementing rules. To exercise the rights,
powers and duties vested by law in the Auditor of Public
Accounts under "An Act to provide for the incorporation,
management and regulation of pawners' societies and limiting
the rate of compensation to be paid for advances, storage and
insurance on pawns and pledges and to allow the loaning of
money upon personal property", approved March 29, 1899, as
amended.
    (2) To administer and enforce the Currency Exchange Act
and its implementing rules. To exercise the rights, powers and
duties vested by law in the Auditor of Public Accounts under
"An Act in relation to the definition, licensing and
regulation of community currency exchanges and ambulatory
currency exchanges, and the operators and employees thereof,
and to make an appropriation therefor, and to provide
penalties and remedies for the violation thereof", approved
June 30, 1943, as amended.
    (3) To administer and enforce the Debt Management Service
Act and its implementing rules. To exercise the rights,
powers, and duties vested by law in the Auditor of Public
Accounts under "An Act in relation to the buying and selling of
foreign exchange and the transmission or transfer of money to
foreign countries", approved June 28, 1923, as amended.
    (4) To administer and enforce the Debt Settlement Consumer
Protection Act and its implementing rules. To exercise the
rights, powers, and duties vested by law in the Auditor of
Public Accounts under "An Act to provide for and regulate the
business of guaranteeing titles to real estate by
corporations", approved May 13, 1901, as amended.
    (5) To administer and enforce the Illinois Development
Credit Corporation Act and its implementing rules. To exercise
the rights, powers and duties vested by law in the Department
of Insurance under "An Act to define, license, and regulate
the business of making loans of eight hundred dollars or less,
permitting an interest charge thereon greater than otherwise
allowed by law, authorizing and regulating the assignment of
wages or salary when taken as security for any such loan or as
consideration for a payment of eight hundred dollars or less,
providing penalties, and to repeal Acts therein named",
approved July 11, 1935, as amended.
    (6) To administer and enforce the Payday Loan Reform Act
and its implementing rules. To administer and enforce "An Act
to license and regulate the keeping and letting of safety
deposit boxes, safes, and vaults, and the opening thereof, and
to repeal a certain Act therein named", approved June 13,
1945, as amended.
    (7) To administer and enforce the Safety Deposit License
Act and its implementing rules. Whenever the Department is
authorized or required by law to consider some aspect of
criminal history record information for the purpose of
carrying out its statutory powers and responsibilities, then,
upon request and payment of fees in conformance with the
requirements of Section 2605-400 of the Illinois State Police
Law, the Illinois State Police is authorized to furnish,
pursuant to positive identification, such information
contained in State files as is necessary to fulfill the
request.
    (8) To administer and enforce the Sales Finance Agency Act
and its implementing rules. To administer the Payday Loan
Reform Act, the Consumer Installment Loan Act, the Predatory
Loan Prevention Act, the Motor Vehicle Retail Installment
Sales Act, and the Retail Installment Sales Act.
    (9) To administer and enforce the Title Insurance Act and
its implementing rules.
    (10) To administer and enforce the Transmitters of Money
Act and its implementing rules.
    (11) To administer and enforce the Predatory Loan
Prevention Act and its implementing rules.
    (12) To administer and enforce the Motor Vehicle Retail
Installment Sales Act and its implementing rules.
    (13) To administer and enforce the Retail Installment
Sales Act and its implementing rules.
    (14) To administer and enforce the Illinois Credit Union
Act and its implementing rules.
    (15) To administer and enforce the Collection Agency Act
and its implementing rules.
    (16) To administer and enforce any other Act administered
by the Director or Division.
    (17) If the Division is authorized or required by law to
consider some aspect of criminal history record information
for the purpose of carrying out its statutory powers and
responsibilities, to obtain from the Illinois State Police,
upon request and payment of the fees required by the Illinois
State Police Law of the Civil Administrative Code of Illinois,
pursuant to positive identification, such information
contained in State files as is necessary to carry out the
duties of the Division.
    (18) To authorize and administer examinations to ascertain
the qualifications of applicants and licensees for which the
examination is held.
    (19) To conduct hearings in proceedings to revoke,
suspend, refuse to renew, or take other disciplinary action
regarding licenses, charters, certifications, registrations,
or authorities of persons as authorized in any Act
administered by the Division.
(Source: P.A. 101-658, eff. 3-23-21; 102-538, eff. 8-20-21;
revised 10-5-21.)
 
    Section 10. The Collection Agency Act is amended by
changing Sections 2, 4.5, 5, 7, 8a, 9, 9.2, 11, 13.2, 16, 26,
and 30 as follows:
 
    (225 ILCS 425/2)  (from Ch. 111, par. 2002)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 2. Definitions. In this Act:
    "Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as maintained by the Department's
licensure maintenance unit.
    "Board" means the Collection Agency Licensing and
Disciplinary Board.
    "Charge-off balance" means an account principal and other
legally collectible costs, expenses, and interest accrued
prior to the charge-off date, less any payments or settlement.
    "Charge-off date" means the date on which a receivable is
treated as a loss or expense.
    "Collection agency" means any person who, in the ordinary
course of business, regularly, on behalf of himself or herself
or others, engages in the collection of a debt.
    "Consumer debt" or "consumer credit" means money or
property, or their equivalent, due or owing or alleged to be
due or owing from a natural person by reason of a consumer
credit transaction.
    "Credit transaction" means a transaction between a natural
person and another person in which property, service, or money
is acquired on credit by that natural person from such other
person primarily for personal, family, or household purposes.
    "Creditor" means a person who extends consumer credit to a
debtor.
    "Current balance" means the charge-off balance plus any
legally collectible costs, expenses, and interest, less any
credits or payments.
    "Debt" means money, property, or their equivalent which is
due or owing or alleged to be due or owing from a person to
another person.
    "Debt buyer" means a person or entity that is engaged in
the business of purchasing delinquent or charged-off consumer
loans or consumer credit accounts or other delinquent consumer
debt for collection purposes, whether it collects the debt
itself or hires a third-party for collection or an
attorney-at-law for litigation in order to collect such debt.
    "Debtor" means a person from whom a collection agency
seeks to collect a consumer or commercial debt that is due and
owing or alleged to be due and owing from such person.
    "Department" means the Department of Financial and
Professional Regulation.
    "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
    "Person" means a natural person, partnership, corporation,
limited liability company, trust, estate, cooperative,
association, or other similar entity.
    "Licensed collection agency" means a person who is
licensed under this Act to engage in the practice of debt
collection in Illinois.
    "Multi-state licensing system" means a web-based platform
that allows licensure applicants to submit their applications
and renewals to the Department online.
    "Secretary" means the Secretary of Financial and
Professional Regulation or his or her designee.
(Source: P.A. 99-227, eff. 8-3-15; 99-500, eff. 1-29-16;
100-132, eff. 8-18-17.)
 
    (225 ILCS 425/4.5)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 4.5. Unlicensed practice; violation; civil penalty.
    (a) Any person who practices, offers to practice, attempts
to practice, or holds oneself out to practice as a collection
agency without being licensed under this Act shall, in
addition to any other penalty provided by law, pay a civil
penalty to the Department in an amount not to exceed $10,000
for each offense as determined by the Department. The civil
penalty shall be assessed by the Department after a hearing is
held in accordance with the provisions set forth in this Act
regarding the provision of a hearing for the discipline of a
licensee.
    (b) The Department has the authority and power to
investigate any and all unlicensed activity. In addition to
taking any other action provided under this Act, whenever the
Department has reason to believe a person has violated any
provision of subsection (a) of this Section, the Department
may issue a rule to show cause why an order to cease and desist
should not be entered against that person. The rule shall
clearly set forth the grounds relied upon by the Department
and shall provide a period of 7 days from the date of the rule
to file an answer to the satisfaction of the Department.
Failure to answer to the satisfaction of the Department shall
provide the Department authority to issue cause an order to
cease and desist to be issued immediately.
    (c) The civil penalty shall be paid within 60 days after
the effective date of the order imposing the civil penalty.
The order shall constitute a judgment and may be filed and
executed execution had thereon in the same manner as any
judgment from any court of record.
    (d) All moneys collected under this Section shall be
deposited into the Financial Institution Fund.
(Source: P.A. 102-205, eff. 7-30-21.)
 
    (225 ILCS 425/5)  (from Ch. 111, par. 2008)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 5. Application for original license. Application for
an original license shall be made to the Secretary on forms
provided by the Department or through a multi-state licensing
system as designated by the Secretary. The application , shall
be accompanied by the required fee and shall state:
        (1) the applicant's name and address;
        (2) the names and addresses of the officers of the
    collection agency and, if the collection agency is a
    corporation, the names and addresses of all persons owning
    10% or more of the stock of such corporation, if the
    collection agency is a partnership, the names and
    addresses of all partners of the partnership holding a 10%
    or more interest in the partnership, if the collection
    agency is a limited liability company, the names and
    addresses of all members holding 10% or more interest in
    the limited liability company, and if the collection
    agency is any other legal business entity, the names and
    addresses of all persons owning 10% or more interest in
    the entity; and
        (3) such other information as the Department may deem
    necessary.
(Source: P.A. 99-227, eff. 8-3-15; 100-132, eff. 8-18-17.)
 
    (225 ILCS 425/7)  (from Ch. 111, par. 2010)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 7. Qualifications for license. In order to be
qualified to obtain a license or a renewal license under this
Act, a collection agency's owners or officers shall:
        (a) have the financial responsibility, financial
    condition, business experience, character, and general
    fitness such as to merit the confidence and trust of the
    public that an applicant, licensee, or regulated person is
    fit, willing, and able to carry on his or her proposed
    business in a lawful and fair manner be of good moral
    character and of the age of 18 years or more;
        (a-5) be 18 years of age or more;
        (b) (blank); and
        (c) have an acceptable credit rating, have no
    unsatisfied judgments; and not have been officers and
    owners of 10% or more interest of a former licensee under
    this Act whose license was suspended or revoked without
    subsequent restoration.
(Source: P.A. 99-227, eff. 8-3-15; 100-132, eff. 8-18-17.)
 
    (225 ILCS 425/8a)  (from Ch. 111, par. 2011a)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 8a. Fees.
    (a) The fees for the administration and enforcement of
this Act, including but not limited to original licensure,
renewal, and restoration, shall be set by the Department by
rule. All fees are nonrefundable.
    (b) All fees collected under this Act by the Department
shall be deposited into the Financial Institution Fund and
shall be appropriated to the Department for the ordinary and
contingent expenses of the Department in the administration of
this Act. After the effective date of this amendatory Act of
the 102nd General Assembly, the Department may transfer any
funds fees collected under this Act from the General
Professions Dedicated Fund to the Financial Institution Fund.
    (c) The administration fee charged by the multi-state
licensing system shall be paid directly to the multi-state
licensing system.
(Source: P.A. 102-205, eff. 7-30-21.)
 
    (225 ILCS 425/9)  (from Ch. 111, par. 2012)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 9. Disciplinary actions.
    (a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem proper, including fines not to exceed $10,000 per
violation, for any one or any combination of the following
causes:
        (1) Material misstatement in furnishing information to
    the Department.
        (2) Violations of this Act or of the rules promulgated
    hereunder.
        (3) Conviction by plea of guilty or nolo contendere,
    finding of guilt, jury verdict, or entry of judgment or by
    sentencing of any crime, including, but not limited to,
    convictions, preceding sentences of supervision,
    conditional discharge, or first offender probation of the
    collection agency or any of the officers or owners of more
    than 10% interest of the agency of any crime under the laws
    of any U.S. jurisdiction that (i) is a felony, (ii) is a
    misdemeanor, an essential element of which is dishonesty,
    or (iii) is directly related to the practice of a
    collection agency.
        (4) Fraud or misrepresentation in applying for, or
    procuring, a license under this Act or in connection with
    applying for renewal of a license under this Act.
        (5) Aiding or assisting another person in violating
    any provision of this Act or rules adopted under this Act.
        (6) Failing, within 60 days, to provide information in
    response to a written request made by the Department.
        (7) Habitual or excessive use or addiction to alcohol,
    narcotics, stimulants or any other chemical agent or drug
    which results in the inability to practice with reasonable
    judgment, skill, or safety by any of the officers or
    owners of 10% or more interest of a collection agency.
        (8) Discipline by another state, the District of
    Columbia, a territory of the United States, or a foreign
    nation, if at least one of the grounds for the discipline
    is the same or substantially equivalent to those set forth
    in this Act.
        (9) A finding by the Department that the licensee,
    after having his or her license placed on probationary
    status, has violated the terms of probation.
        (10) Willfully making or filing false records or
    reports in his or her practice, including, but not limited
    to, false records filed with State agencies or
    departments.
        (11) Practicing or attempting to practice under a
    false or, except as provided by law, an assumed name.
        (12) An adjudicated A finding by the Federal Trade
    Commission or other federal or State agency that a
    licensee violated the federal Fair Debt Collection
    Practices Act or its rules.
        (13) Failure to file a return, or to pay the tax,
    penalty or interest shown in a filed return, or to pay any
    final assessment of tax, penalty or interest, as required
    by any tax Act administered by the Illinois Department of
    Revenue until such time as the requirements of any such
    tax Act are satisfied.
        (14) Using or threatening to use force or violence to
    cause physical harm to a debtor, his or her family or his
    or her property.
        (15) Threatening to instigate an arrest or criminal
    prosecution where no basis for a criminal complaint
    lawfully exists.
        (16) Threatening the seizure, attachment or sale of a
    debtor's property where such action can only be taken
    pursuant to court order without disclosing that prior
    court proceedings are required.
        (17) Disclosing or threatening to disclose information
    adversely affecting a debtor's reputation for credit
    worthiness with knowledge the information is false.
        (18) Threatening Initiating or threatening to initiate
    communication with a debtor's employer unless there has
    been a default of the payment of the obligation for at
    least 30 days and the licensee has given at least 5 days
    prior written notice, to the last known address of the
    debtor, of the intention to communicate with the employer
    has been given to the employee to the last known address of
    the debtor , except as expressly permitted by law or court
    order.
         (19) Communicating with the debtor or any member of
    the debtor's family at such a time of day or night and with
    such frequency as to constitute harassment of the debtor
    or any member of the debtor's family. For purposes of this
    Section the following conduct shall constitute harassment:
            (A) Communicating with the debtor or any member of
        his or her family in connection with the collection of
        any debt without the prior consent of the debtor given
        directly to the debt collector, or the express
        permission of a court of competent jurisdiction, at
        any unusual time or place or a time or place known or
        which should be known to be inconvenient to the
        debtor. In the absence of knowledge of circumstances
        to the contrary, a debt collector shall assume that
        the convenient time for communicating with a consumer
        is after 8 o'clock a.m. and before 9 o'clock p.m. in
        the debtor's local time at the debtor's location.
            (B) The threat of publication or publication of a
        list of consumers who allegedly refuse to pay debts,
        except to a consumer reporting agency.
            (C) The threat of advertisement or advertisement
        for sale of any debt to coerce payment of the debt.
            (D) Causing a telephone to ring or engaging any
        person in telephone conversation repeatedly or
        continuously with intent to annoy, abuse, or harass
        any person at the called number.
        (20) Using profane, obscene or abusive language in
    communicating with a debtor, his or her family or others.
        (21) Disclosing or threatening to disclose information
    relating to a debtor's debt to any other person except
    where such other person has a legitimate business need for
    the information or except where such disclosure is
    permitted by law.
        (22) Disclosing or threatening to disclose information
    concerning the existence of a debt which the collection
    agency knows to be disputed by the debtor without
    disclosing the fact that the debtor disputes the debt.
        (23) Engaging in any conduct that is intended to cause
    and did cause mental or physical illness to the debtor or
    his or her family.
        (24) Attempting or threatening to enforce a right or
    remedy with knowledge or reason to know that the right or
    remedy does not exist.
        (25) Failing to disclose to the debtor or his or her
    family the legally authorized corporate, partnership or
    proprietary name, or other trade or business name, under
    which the collection agency is engaging in debt
    collections and which he or she is legally authorized to
    use.
        (26) Using any form of communication which simulates
    legal or judicial process or which gives the appearance of
    being authorized, issued, or approved by a governmental
    agency or official or by an attorney at law when it is not.
        (27) Using any badge, uniform, or other indicia of any
    governmental agency or official except as authorized by
    law.
        (28) Conducting business under any name or in any
    manner which suggests or implies that the collection
    agency is a branch of or is affiliated in any way with a
    governmental agency or court if such collection agency is
    not.
        (29) Failing to disclose, at the time of making any
    demand for payment, the name of the person to whom the debt
    is owed and at the request of the debtor, the address where
    payment is to be made and the address of the person to whom
    the debt is owed.
        (30) Misrepresenting the amount of the debt alleged to
    be owed.
        (31) Representing that an existing debt may be
    increased by the addition of attorney's fees,
    investigation fees or any other fees or charges when such
    fees or charges may not legally be added to the existing
    debt.
        (32) Representing that the collection agency is an
    attorney at law or an agent for an attorney if he or she is
    not.
        (33) Collecting or attempting to collect any interest
    or other charge or fee in excess of the actual debt unless
    such interest or other charge or fee is expressly
    authorized by the agreement creating the debt unless
    expressly authorized by law or unless in a commercial
    transaction such interest or other charge or fee is
    expressly authorized in a subsequent agreement. If a
    contingency or hourly fee arrangement (i) is established
    under an agreement between a collection agency and a
    creditor to collect a debt and (ii) is paid by a debtor
    pursuant to a contract between the debtor and the
    creditor, then that fee arrangement does not violate this
    Section unless the fee is unreasonable. The Department
    shall determine what constitutes a reasonable collection
    fee.
        (34) Communicating or threatening to communicate with
    a debtor when the collection agency is informed in writing
    by an attorney that the attorney represents the debtor
    concerning the debt. If the attorney fails to respond
    within a reasonable period of time, the collector may
    communicate with the debtor. The collector may communicate
    with the debtor when the attorney gives his or her
    consent.
        (35) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public.
    (b) No collection agency while collecting or attempting to
collect a debt shall engage in any of the Acts specified in
this Section, each of which shall be unlawful practice.
(Source: P.A. 99-227, eff. 8-3-15; 100-872, eff. 8-14-18.)
 
    (225 ILCS 425/9.2)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 9.2. Communication in connection with debt
collection.
    (a) Without the prior consent of the debtor given directly
to the collection agency or the express permission of a court
of competent jurisdiction, a collection agency may not
communicate with a debtor in connection with the collection of
any debt in any of the following circumstances:
        (1) At any unusual time, place, or manner that is
    known or should be known to be inconvenient to the debtor.
    In the absence of knowledge of circumstances to the
    contrary, a collection agency shall assume that the
    convenient time for communicating with a debtor is after
    8:00 a.m. and before 9:00 p.m. in the debtor's local time
    at the debtor's location.
        (2) If the collection agency knows the debtor is
    represented by an attorney with respect to such debt and
    has knowledge of or can readily ascertain, the attorney's
    name and address, unless the attorney fails to respond
    within a reasonable period of time to a communication from
    the collection agency or unless the attorney consents to
    direct communication with the debtor.
        (3) At the debtor's place of employment, if the
    collection agency knows or has reason to know that the
    debtor's employer prohibits the debtor from receiving such
    communication.
    (b) Except as provided in Section 9.1 of this Act, a
collection agency may not communicate, in connection with the
collection of any debt, with any person other than the debtor,
the debtor's attorney, a consumer reporting agency if
otherwise permitted by law, the creditor, the attorney of the
creditor, or the attorney of the collection agency without the
prior consent of the debtor given directly to the collection
agency, the express permission of a court of competent
jurisdiction, or as reasonably necessary to effectuate a
post-judgment judicial remedy, a collection agency may not
communicate, in connection with the collection of any debt,
with any person other than the debtor, the debtor's attorney,
a consumer reporting agency if otherwise permitted by law, the
creditor, the attorney of the creditor, or the attorney of the
collection agency.
    (c) If a debtor notifies a collection agency in writing
that the debtor refuses to pay a debt or that the debtor wishes
the collection agency to cease further communication with the
debtor, the collection agency may not communicate further with
the debtor with respect to such debt, except to perform any of
the following tasks:
        (1) Advise the debtor that the collection agency's
    further efforts are being terminated.
        (2) Notify the debtor that the collection agency or
    creditor may invoke specified remedies that are ordinarily
    invoked by such collection agency or creditor.
        (3) Notify the debtor that the collection agency or
    creditor intends to invoke a specified remedy.
    If such notice from the debtor is made by mail,
notification shall be complete upon receipt.
    (d) For the purposes of this Section, "debtor" includes
the debtor's spouse, parent (if the debtor is a minor),
guardian, executor, or administrator.
    (e) This Section applies to a collection agency or debt
buyer only when engaged in the collection of consumer debt.
(Source: P.A. 99-227, eff. 8-3-15; 99-500, eff. 1-29-16.)
 
    (225 ILCS 425/11)  (from Ch. 111, par. 2036)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 11. Informal conferences. Informal conferences, after
a formal hearing is requested, shall be conducted with at
least one member of the Board in attendance. Notwithstanding
any provisions concerning the conduct of hearings and
recommendations for disciplinary actions, the Department has
the authority to negotiate agreements with licensees and
applicants resulting in disciplinary or non-disciplinary
consent orders. The consent orders may provide for any of the
forms of discipline provided in this Act. The consent orders
shall provide that they were not entered into as a result of
any coercion by the Department.
(Source: P.A. 99-227, eff. 8-3-15.)
 
    (225 ILCS 425/13.2)  (from Ch. 111, par. 2038.2)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 13.2. Powers and duties of Department. The Department
shall exercise the powers and duties prescribed by the
Financial Institutions Code Civil Administrative Code of
Illinois for the administration of licensing Acts and shall
exercise such other powers and duties necessary for
effectuating the purposes of this Act.
    Subject to the provisions of this Act, the Department may:
        (1) Conduct hearings on proceedings to refuse to issue
    or renew or to revoke licenses or suspend, place on
    probation, or reprimand persons licensed under this Act.
        (2) To adopt rules consistent with the purposes of
    this Act, including, but not limited to: (i) rules in
    connection with the activities of collection agencies as
    may be necessary and appropriate for the protection of
    consumers in this State; (ii) rules as may be necessary
    and appropriate to define and enforce against improper or
    fraudulent business practices in connection with the
    activities of collection agencies; (iii) rules that define
    the terms used in this Act and as may be necessary and
    appropriate to interpret and implement the provisions of
    this Act; and (iv) rules as may be necessary for the
    enforcement of this Act Formulate rules required for the
    administration of this Act.
        (3) Obtain written recommendations from the Board
    regarding standards of professional conduct, formal
    disciplinary actions and the formulation of rules
    affecting these matters. Notice of proposed rulemaking
    shall be transmitted to the Board and the Department shall
    review the response of the Board and any recommendations
    made in the response. The Department may solicit the
    advice of the Board on any matter relating to the
    administration and enforcement of this Act.
        (4) (Blank).
(Source: P.A. 99-227, eff. 8-3-15; 100-132, eff. 8-18-17.)
 
    (225 ILCS 425/16)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 16. Investigation; notice and hearing. The Department
may investigate the actions or qualifications of any applicant
or of any person rendering or offering to render collection
agency services or any person holding or claiming to hold a
license as a collection agency. The Department shall, before
refusing to issue or renew, revoking, suspending, placing on
probation, reprimanding, or taking any other disciplinary
action under Section 9 of this Act, serve notice on any person,
including a statement of the reasons for the Department's
action, and notify the person that they may file a Petition for
a Hearing with the Department within 30 days of service. All
hearings shall be conducted in accordance with 38 Ill. Adm.
Code 100 at least 30 days before the date set for the hearing,
(i) notify the accused in writing of the charges made and the
time and place for the hearing on the charges, (ii) direct him
or her to file his or her written answer to the charges with
the Department under oath within 20 days after the service on
him or her of the notice, and (iii) inform the accused that if
he or she fails to file an answer default will be taken against
him or her or his or her license may be suspended, revoked, or
placed on probation, or other disciplinary action may be taken
with regard to the license, including limiting the scope,
nature, or extent of his or her practice, as the Department may
consider proper. At the time and place fixed in the notice, the
Department shall proceed to hear the charges. The parties or
their counsel shall be accorded ample opportunity to present
any pertinent statements, testimony, evidence, and arguments.
The Department may continue the hearing from time to time.
Nothing in this Section shall be construed to require that a
hearing be commenced and completed in one day. At the
discretion of the Secretary, after having first received the
recommendation of the Board, the accused person's license may
be suspended or revoked, if the evidence constitutes
sufficient grounds for such action under this Act. If the
person fails to file an answer after receiving notice, his or
her license may, in the discretion of the Department, be
suspended, revoked, or placed on probation, or the Department
may take whatever disciplinary action it considers proper,
including limiting the scope, nature, or extent of the
person's practice or the imposition of a fine, without a
hearing, if the act or acts charged constitute sufficient
grounds for such action under this Act. Written or electronic
notice may be served by personal delivery, mail, or email to
the applicant or licensee at the address of record or email
address of record. Service by mail is completed when the
notice is deposited in the U.S. Mail. Service to the email
address of record is completed when the email is sent.
(Source: P.A. 99-227, eff. 8-3-15; 100-132, eff. 8-18-17.)
 
    (225 ILCS 425/26)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 26. Administrative review; venue.
    (a) All final administrative decisions of the Department
are subject to judicial review under the Administrative Review
Law and its rules. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
    (b) Proceedings for judicial review shall be commenced in
the circuit court of the county in which the party applying for
review resides, but if the party is not a resident of Illinois,
the venue shall be in Cook County or Sangamon County.
(Source: P.A. 99-227, eff. 8-3-15.)
 
    (225 ILCS 425/30)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 30. Expiration, renewal, and restoration of license.
The expiration date and renewal period for each license shall
be set by rule. A collection agency whose license has expired
may restore its license at any time within one year 5 years
after the expiration thereof, by making a renewal application
and by paying the required fee.
    However, any licensed collection agency whose license has
expired while the individual licensed person or while a
shareholder, partner, or member owning 50% or more of the
interest in the collection agency whose license has expired
while he or she was (i) on active duty with the Armed Forces of
the United States or called into service or training by the
State militia; or (ii) in training or education under the
supervision of the United States preliminary to induction into
the military service, may have his or her license renewed or
restored without paying any lapsed renewal fee or restoration
fee if, within 2 years after termination of the service,
training, or education, he or she furnishes the Department
with satisfactory evidence of service, training, or education
and it has been terminated under honorable conditions.
    Any collection agency whose license has expired for more
than one year 5 years may have it restored by applying to the
Department, paying the required fee, and filing acceptable
proof of fitness to have the license restored as set by rule.
(Source: P.A. 99-227, eff. 8-3-15; 100-132, eff. 8-18-17.)
 
    (225 ILCS 425/25 rep.)
    Section 15. The Collection Agency Act is amended by
repealing Section 25.
 
    Section 95. Illinois Compiled Statutes reassignment. The
Legislative Reference Bureau shall reassign the following Act
to the specified location in the Illinois Compiled Statutes
and file appropriate documents with the Index Division of the
Office of the Secretary of State in accordance with subsection
(c) of Section 5.04 of the Legislative Reference Bureau Act:
    Collection Agency Act, reassigned from 225 ILCS 425/ to
205 ILCS 740/.
 
    Section 99. Effective date. This Act takes effect January
1, 2023.

Effective Date: 1/1/2023