There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 425/ Collection Agency Act.
(225 ILCS 425/1)
(from Ch. 111, par. 2001)
(Section scheduled to be repealed on January 1, 2016)
Sec. 1.
This Act shall be known and may be cited as the "Collection Agency Act".
(Source: P.A. 78‑1248
.)
(225 ILCS 425/1a)
(from Ch. 111, par. 2001a)
(Section scheduled to be repealed on January 1, 2016)
Sec. 1a.
Declaration of public policy.
The practice as a collection
agency by any entity in the State of Illinois is hereby declared to affect
the public health, safety and welfare and to be subject to regulation and
control in the public interest. It is further declared to be a matter of
public interest and concern that the collection agency profession merit and
receive the confidence of the public and that only qualified entities be
permitted to practice as a collection agency in the State of Illinois.
This Act shall be liberally construed to carry out these objects and purposes.
It is further declared to be the public policy of this State to protect
consumers against debt collection abuse.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/2)
(from Ch. 111, par. 2002)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2.
Unless the context clearly requires otherwise, the following terms have
the meanings ascribed to them in Sections 2.01 through 2.02.
(Source: P.A. 78‑1248
.)
(225 ILCS 425/2.01)
(from Ch. 111, par. 2003)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2.01.
"Department" means the Department of Professional
Regulation, and "Director" means the Director of that Department.
(Source: P.A. 85‑1209
.)
(225 ILCS 425/2.02)
(from Ch. 111, par. 2004)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2.02.
"Collection agency" or "agency" means any person, association,
partnership, corporation, or legal entity who, for compensation, either contingent or
otherwise, or for other valuable consideration, offers services to collect
an alleged delinquent debt.
(Source: P.A. 94‑414, eff. 12‑31‑05.)
(225 ILCS 425/2.03)
(from Ch. 111, par. 2005)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2.03.
This Act does not
apply to persons whose collection activities are
confined to and are directly related to the operation of a business other
than that of a collection agency, and specifically does not include the
following:
1. Banks, including trust departments thereof,
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2. Abstract companies doing an escrow business;
3. Real estate brokers when acting in the pursuit of | ||
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4. Public officers and judicial officers acting | ||
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5. Licensed attorneys at law;
6. Insurance companies;
7. Credit unions;
8. Loan and finance companies;
9. Retail stores collecting their own accounts;
10. Unit Owner's Associations established under the | ||
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11. Any person or business under contract with a | ||
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(Source: P.A. 89‑387, eff. 1‑1‑96 .)
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(225 ILCS 425/2.04)
(from Ch. 111, par. 2005.1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 2.04.
Child support indebtedness.
(a) Persons, associations, partnerships, corporations, or other legal entities engaged in the
business of collecting child support indebtedness owing under a court order
as provided under the Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non‑Support of Spouse and Children Act,
the Non‑Support Punishment Act, the Illinois Parentage Act of 1984, or
similar laws of other states
are not
restricted (i) in the frequency of contact with an obligor who is in arrears,
whether by phone, mail, or other means, (ii) from contacting the employer of an
obligor who is in arrears, (iii) from publishing or threatening to publish a
list of obligors in arrears, (iv) from disclosing or threatening to disclose an
arrearage that the obligor disputes, but for which a verified notice of
delinquency has been served under the Income Withholding for Support Act (or
any of its predecessors, Section 10‑16.2 of the Illinois Public Aid
Code, Section 706.1 of the Illinois Marriage and Dissolution of Marriage Act,
Section 4.1 of the Non‑Support of Spouse and Children Act, Section 26.1 of the
Revised Uniform Reciprocal Enforcement of Support Act, or Section 20 of the
Illinois Parentage Act of 1984), or (v) from engaging in conduct that would
not
cause a reasonable person mental or physical illness. For purposes of this
subsection, "obligor" means an individual who owes a duty to make periodic
payments, under a court order, for the support of a child. "Arrearage" means
the total amount of an obligor's unpaid child support obligations.
(a‑5) A collection agency may not impose a fee or charge, including costs, for any child support payments collected through the efforts of a federal, State, or local government agency, including but not limited to child support collected from federal or State tax refunds, unemployment benefits, or Social Security benefits.
No collection agency that collects child support payments shall (i) impose a charge or fee, including costs, for collection of a current child support payment, (ii) fail to apply collections to current support as specified in the order for support before applying collection to arrears or other amounts, or (iii) designate a current child support payment as arrears or other amount owed. In all circumstances, the collection agency shall turn over to the obligee all support collected in a month up to the amount of current support required to be paid for that month.
As to any fees or charges, including costs, retained by the collection agency, that agency shall provide documentation to the obligee demonstrating that the child support payments resulted from the actions of the agency.
After collection of the total amount or arrearage, including statutory interest, due as of the date of execution of the collection contract, no further fees may be charged.
(a‑10) The Department of Professional Regulation shall determine a fee rate of not less than 25% but not greater than 35%, based upon presentation by the licensees as to costs to provide the service and a fair rate of return. This rate shall be established by administrative rule.
Without prejudice to the determination by the Department of the appropriate rate through administrative rule, a collection agency shall impose a fee of not more than 29% of the amount of child support actually collected by the collection agency subject to the provisions of subsection (a‑5). This interim rate is based upon the March 2002 General Account Office report "Child Support Enforcement", GAO‑02‑349. This rate shall apply until a fee rate is established by administrative rule.
(b) The Department shall adopt rules necessary to administer and enforce
the provisions of this Section.
(Source: P.A. 93‑896, eff. 8‑10‑04; 94‑414, eff. 12‑31‑05.)
(225 ILCS 425/3)
(from Ch. 111, par. 2006)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3.
A person, association, partnership,
corporation, or other legal entity acts as a
collection agency when he or it:
(a) Engages in the business of collection for others
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(b) Receives, by assignment or otherwise, accounts, | ||
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(c) Sells or attempts to sell, or gives away or | ||
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(d) Buys accounts, bills or other indebtedness with | ||
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(e) Uses a fictitious name in collecting its own | ||
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(Source: P.A. 94‑414, eff. 12‑31‑05.)
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(225 ILCS 425/4)
(from Ch. 111, par. 2007)
(Section scheduled to be repealed on January 1, 2016)
Sec. 4.
No collection agency shall operate in this State, directly or
indirectly
engage in the business of collecting, solicit claims for others, have a sales
office, a client, or solicit a client in this State, exercise
the right to collect, or receive payment for another of any account, bill
or other indebtedness, without registering under this Act except that no
collection agency shall be required to be licensed
or maintain an established business address
in this State if the
agency's activities in this State are limited to collecting debts from debtors
located in this State by means of interstate communication, including
telephone, mail, or facsimile transmission from the agency's location in
another state provided they are licensed in that state and these
same privileges are permitted in that licensed state to
agencies licensed in Illinois.
(Source: P.A. 88‑363; 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/4.5)
(Section scheduled to be repealed on January 1, 2016)
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 $5,000 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, association, partnership, corporation, or other legal entity 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, association, partnership, corporation, or other legal entity. 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 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 execution had thereon in the same manner as any judgment
from any court of record.
(Source: P.A. 94‑414, eff. 12‑31‑05.)
(225 ILCS 425/5)
(from Ch. 111, par. 2008)
(Section scheduled to be repealed on January 1, 2016)
Sec. 5.
Application for registration shall be made to the Director on
forms provided by the Department, 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
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(3) such other information as the Department may deem | ||
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(Source: P.A. 94‑414, eff. 12‑31‑05.)
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(225 ILCS 425/6)
(from Ch. 111, par. 2009)
(Section scheduled to be repealed on January 1, 2016)
Sec. 6.
(a) If the Director determines that the applicant meets the
qualifications for registration required by this Act, he or she shall issue
a
certificate of registration forthwith. Each application for a
certificate shall be acted upon within 45 days of receipt of the
application by the Department. If the application is deficient in form,
the Director shall reject it and notify the applicant of the nature of
the deficiency. Such rejection shall be without prejudice to the filing
of a new application. If the Director finds that the applicant is not
qualified under this Act, he shall reject the application and give the
applicant written notice of such rejection and the reasons therefor.
(b) The expiration date and renewal period for each certificate of
registration
issued under this Act shall be set by rule.
The holder of a certificate of registration
may renew such certificate during the month preceding the expiration date
thereof by paying the required fee.
(c) Upon application, accompanied by the initial fee and compliance
with the financial bonding requirements herein set forth, the Director
shall issue an original certificate to each entity required to have a
certificate if the application is received by the Department within 60
days of the effective date of this Act. Any collection agency to whom an
original license is issued under this subsection (c) must meet the
requirements of Section 7 of this Act to be entitled to a renewal
license.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/6a)
(from Ch. 111, par. 2009a)
(Section scheduled to be repealed on January 1, 2016)
Sec. 6a.
Any registered collection agency whose certificate of
registration has expired may have the certificate of registration restored
by making application to the Department and filing proof acceptable to the
Department of fitness to have the certificate of registration restored, and
by paying the required restoration fee.
However, any registered collection agency whose certificate of
registration has expired while the individual registered or while a
shareholder, partner, or member owning 50% or more of the shares of stock in a registered
corporation has expired while he has been engaged (1) in federal service on
active duty with the Army of the United States, the United States Navy, the
Marine Corps, the Air Force, the Coast Guard, or the State Militia called
into the service or training of the United States of America, or (2) in
training or education under the supervision of the United States
preliminary to induction into the military service, may have his
certificate of registration restored or reinstated without paying any
lapsed renewal fees, restoration fee or reinstatement fee if within 2 years
after termination of such service, training or education other than by
dishonorable discharge he furnishes the Department with an affidavit to the
effect that he has been so engaged and that his service, training or
education has been so terminated.
(Source: P.A. 94‑414, eff. 12‑31‑05.)
(225 ILCS 425/7)
(from Ch. 111, par. 2010)
(Section scheduled to be repealed on January 1, 2016)
Sec. 7.
In order to be qualified to obtain a certificate or a renewal
certificate under this Act, a collection agency's officers shall:
(a) be of
good moral character and of the age of 18 years or more;
(b) have had at least one year experience working in the credit field or
a related area, or be qualified for an original license under Section 6 (c)
of this Act;
(c) have an acceptable credit rating, have no unsatisfied judgments; and not
have been officers of a former registrant under this Act whose certificates
were suspended or revoked without subsequent reinstatement.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/8)
(from Ch. 111, par. 2011)
(Section scheduled to be repealed on January 1, 2016)
Sec. 8.
Before issuing a certificate or renewing one, the Director shall require
each collection agency to file and maintain in force a surety bond, issued
by an insurance company authorized to transact fidelity and surety business
in the State of Illinois. The bond shall be for the benefit of creditors
who obtain a judgment from a court of competent jurisdiction based on the
failure of the agency to remit money collected on account and owed to the
creditor. No action on the bond shall be commenced more than one year after
the creditor obtains a judgment against the collection agency from a
court of competent jurisdiction.
The bond shall be in the form prescribed
by the Director in the sum of $25,000. The bond shall be continuous in
form and run concurrently with the original and each renewal license period
unless terminated by the insurance company. An insurance company may terminate
a bond and avoid further liability by filing a 60‑day notice of termination
with the Department and at the same time sending the same notice to the
agency. A certificate of registration shall be cancelled on the termination
date of the agency's bond unless a new bond is filed with the Department
to become effective at the termination date of the prior bond. If a certificate
of registration has been cancelled under this Section, the agency must file
a new application and will be considered a new applicant if it obtains a
new bond.
(Source: P.A. 84‑242
.)
(225 ILCS 425/8a)
(from Ch. 111, par. 2011a)
(Section scheduled to be repealed on January 1, 2016)
Sec. 8a.
Fees.
The Department shall provide by rule for a schedule of
fees for the administration and enforcement of this Act, including but not
limited to original licensure, renewal, and restoration. The fees shall be
nonrefundable.
All fees collected under this Act shall be deposited into the General
Professions Dedicated Fund and shall be appropriated to the Department for the
ordinary and contingent expenses of the Department in the administration of
this Act.
(Source: P.A. 91‑454, eff. 1‑1‑00
.)
(225 ILCS 425/8a‑1)
(from Ch. 111, par. 2011a‑1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 8a‑1.
(a) No account may be referred
by a collection agency to an
attorney unless, prior to placing an account with an attorney
for further collection action, each account creditor is notified in writing by
the collection agency of the collection agency's intent to refer the
account to an attorney.
The account may not be referred to an attorney if a creditor notifies the
collection agency within 5 days after receiving the notice that the creditor
is withholding authorization for the account to be referred to an attorney.
The notice requirement under this
subsection may, in the alternative, be satisfied if the creditor signs the
complaint that will be filed in the circuit court seeking judgment on the
debt owed. A collection agency shall not take any action that in fact
or in appearance interferes with the professional relationship between the
attorney and the creditor.
(b) Court costs expended by the agency or the creditor for filing a
complaint are recoverable by the agency or the creditor if the principal
on the debt is
paid before the judgment is issued.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/8b)
(from Ch. 111, par. 2011b)
(Section scheduled to be repealed on January 1, 2016)
Sec. 8b.
Assignment for collection.
An account may be assigned
to a collection agency for collection with title passing to the collection
agency to enable collection of
the account in the agency's name as assignee for the
creditor provided:
(a) The assignment is manifested by a written agreement, separate from
and in addition to any document intended for the purpose of listing a debt
with a collection agency. The document manifesting the
assignment shall specifically state and include:
(i) the effective date of the assignment; and
(ii) the consideration for the assignment.
(b) The consideration for the assignment may be paid or given either
before or after the effective date of the assignment. The consideration
may be contingent upon the settlement or outcome of litigation and if the
claim being assigned has been listed with the collection agency as an
account for collection, the consideration for assignment may be the same as
the fee for collection.
(c) All assignments shall be voluntary and properly executed and
acknowledged by the corporate authority or individual transferring title to
the collection agency before any action can be taken in the name of the
collection agency.
(d) No assignment shall be required by any agreement to list a
debt with
a collection agency as an account for collection.
(e) No litigation shall commence in the name of the licensee as
plaintiff unless: (i) there is an assignment of the account that satisfies
the requirements of this Section and (ii) the licensee is
represented by a licensed attorney at law.
(f) If a collection agency takes assignments of accounts from 2
or
more creditors against the same debtor and commences litigation against
that debtor in a single action, in the name of the collection agency, then
(i) the complaint must be stated in
separate counts for each assignment and (ii) the debtor has an absolute
right to have any count severed from the rest of the action.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/8c)
(from Ch. 111, par. 2011c)
(Section scheduled to be repealed on January 1, 2016)
Sec. 8c.
(a) Each licensed agency office shall at all times maintain a
separate bank account in which all monies received on claims shall
be deposited, referred to as a "Trust Account", except that
negotiable instruments received may be forwarded directly to a creditor if
such procedure is provided for by a writing executed by the creditor.
Monies received shall be so deposited within 5 business days after
posting to the agency's books of account.
There shall be sufficient funds in the trust account at all times to pay
the creditors the amount due them.
(b) The trust account shall be established in a bank, savings and loan
association, or other recognized depository which is federally or State
insured or otherwise secured as defined by rule. Such account may be
interest bearing. The licensee shall pay to the creditor interest earned
on funds on deposit after the sixtieth day.
(c) Notwithstanding any contractual arrangement, every client of a
licensee shall within 60 days after the close of each calendar month, account
and pay to the licensee collection agency all sums owed to the collection
agency for payments received by the client during that calendar month on claims
in possession of the collection agency. If a client fails to pay the licensee
any sum due under this Section, the licensee shall, in addition to other
remedies provided by law, have the right to offset any money due the licensee
under this Section against any moneys due the client.
(d) Each collection agency shall keep on file the name of the
bank,
savings and loan association, or other recognized depository in which each
trust account is maintained, the name of each trust account, and the names
of the persons authorized to withdraw funds from each account.
The collection agency, within 30 days of the time of a change of
depository or person authorized to make withdrawal, shall update its files
to reflect such change.
An examination and audit of an agency's trust accounts may be made by the
Department as the Department deems appropriate.
A trust account financial report shall be submitted annually on forms
provided by the Department.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/9)
(from Ch. 111, par. 2012)
(Section scheduled to be repealed on January 1, 2016)
Sec. 9.
(a) The Department may refuse to issue or renew, or may
revoke, suspend, place on probation, reprimand or take other disciplinary
action as the Department may deem proper, including fines not to exceed
$5,000 for a first violation and not to exceed $10,000 for a second or subsequent violation, for any one or any combination of the
following causes:
(1) Violations of this Act or of the rules
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(2) Conviction of the collection agency or the | ||
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(3) Making any misrepresentation for the purpose of | ||
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(4) Habitual or excessive use or addiction to | ||
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(5) Discipline by another U.S. jurisdiction or | ||
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(6) A finding by the Department that the licensee, | ||
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(7) Practicing or attempting to practice under a | ||
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(8) A finding by the Federal Trade Commission that a | ||
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(9) Failure to file a return, or to pay the tax, | ||
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(10) Using or threatening to use force or violence | ||
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(11) Threatening to instigate an arrest or criminal | ||
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(12) Threatening the seizure, attachment or sale of | ||
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(13) Disclosing or threatening to disclose | ||
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(14) Initiating or threatening to initiate | ||
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(15) Communicating with the debtor or any member of | ||
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(A) Communicating with the debtor or any member | ||
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(B) The threat of publication or publication of | ||
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(C) The threat of advertisement or advertisement | ||
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(D) Causing a telephone to ring or engaging any | ||
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(16) Using profane, obscene or abusive language in | ||
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(17) Disclosing or threatening to disclose | ||
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(18) Disclosing or threatening to disclose | ||
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(19) Engaging in any conduct which the Director | ||
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(20) Attempting or threatening to enforce a right or | ||
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(21) Failing to disclose to the debtor or his or her | ||
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(22) Using any form of communication which simulates | ||
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(23) Using any badge, uniform, or other indicia of | ||
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(24) Conducting business under any name or in any | ||
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(25) Failing to disclose, at the time of making any | ||
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(26) Misrepresenting the amount of the claim or debt | ||
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(27) Representing that an existing debt may be | ||
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(28) Representing that the debt collector is an | ||
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(29) Collecting or attempting to collect any | ||
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(30) Communicating or threatening to communicate | ||
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(31) Engaging in dishonorable, unethical, or | ||
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(b) The Department shall deny any license or renewal authorized by this
Act to any person who has defaulted on an educational loan guaranteed by
the Illinois State Scholarship Commission; however, the Department may
issue a license or renewal if the person in default has established a
satisfactory repayment record as determined by the Illinois State
Scholarship Commission.
No debt collector 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. 94‑414, eff. 12‑31‑05.)
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(225 ILCS 425/9.5)
(Section scheduled to be repealed on January 1, 2016)
Sec. 9.5.
Statute of limitations.
No action may be filed against any
registrant for violation of the terms of this Act or its rules unless the
action is commenced within 5 years after the occurrence of the alleged
violation. A continuing violation will be deemed to have occurred on the date
when the circumstances first existed which gave rise to the alleged continuing
violation.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/9.22)
(from Ch. 111, par. 2034)
(Section scheduled to be repealed on January 1, 2016)
Sec. 9.22.
Administrative Procedure Act.
The Illinois Administrative
Procedure Act is hereby expressly adopted and incorporated herein as if all of
the provisions of that Act were included in this Act, except that the provision
of subsection (d) of Section 10‑65 of the Illinois Administrative Procedure Act
that provides that at hearings the licensee has the right to show compliance
with all lawful requirements for retention, continuation or renewal of the
license is specifically excluded. For the purposes of this Act the notice
required under Section 10‑25 of the Administrative Procedure Act is deemed
sufficient when mailed to the last known address of a party.
(Source: P.A. 88‑45
.)
(225 ILCS 425/10)
(from Ch. 111, par. 2035)
(Section scheduled to be repealed on January 1, 2016)
Sec. 10.
Complaints.
Upon receipt of a consumer
complaint alleging violation of this Act by a collection agency,
the Department may require a written complaint on forms provided by the
Department. The form shall identify the collection agency and provide for the
complainant's summary of the nature of the alleged violation and the facts
that
allegedly support the complaint. The form shall include a provision for the
complainant to attest that the allegation therein made is true. The statement
shall be in the following form. "I declare under penalty of perjury that the
above statements are true and accurate. I hereby authorize the Department of
Professional Regulation to make further inquiries to verify this statement. I
understand that the contents of this complaint shall be forwarded to the
business or person the complaint is directed against. I authorize the
collection agency to disclose any information in my file to the Department of
Professional Regulation." Upon receipt of the complaint form, the Department
shall furnish a copy of the complaint to the accused collection agency. The
Department may demand all agency records concerning the complaint.
The Director may order an
investigation to determine the validity of the complaint. However, an
investigation shall not be ordered by the Director unless a written complaint
has been received from the consumer.
All communications and investigations pertaining to a complaint other than a
complaint alleging criminal activity shall be
conducted with the knowledge of a proprietor, partner, or corporate officer of
the collection agency, or his or her designee.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/11)
(from Ch. 111, par. 2036)
(Section scheduled to be repealed on January 1, 2016)
Sec. 11.
Informal conferences.
Informal conferences shall be conducted
with at least one member of the Licensing and Disciplinary 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 registrants and applicants resulting in 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. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/13)
(from Ch. 111, par. 2038)
(Section scheduled to be repealed on January 1, 2016)
Sec. 13.
The Director shall formulate such rules and regulations, not
inconsistent with law, as may be necessary to
carry out the purposes and enforce the provisions of this Act.
(Source: P.A. 84‑242
.)
(225 ILCS 425/13.1)
(from Ch. 111, par. 2038.1)
(Section scheduled to be repealed on January 1, 2016)
Sec. 13.1.
Collection Agency Licensing and Disciplinary Board.
There
is created in the Department the Collection Agency Licensing and
Disciplinary Board composed of 7 members appointed by the Director. Five
members of the Board shall be employed in a collection agency registered
under this Act and 2 members of the Board shall represent the general
public and shall not be employed by or possess an ownership interest in any
collection agency registered under this Act.
The Board shall elect a chairman from among its members and shall meet at
least twice each year. The members of the Board shall receive no
compensation for their services, but shall be reimbursed for their actual
expenses incurred in the performance of their duties.
Members shall serve for a term of 4 years and until their successors are
appointed and qualified. No Board member, after the effective date of this
amendatory Act of 1995, shall be appointed to more than 2 full consecutive
terms. The initial terms created by this amendatory Act of 1995 shall count as
full terms for the purposes of reappointment to the Board. Appointments to
fill vacancies for the unexpired portion of a vacated term shall be made in the
same manner as original appointments.
The appointments of those Board members currently appointed shall end upon
the effective date of this amendatory Act of 1995, and those Board members
currently sitting at the effective date of this amendatory Act of 1995, shall
be reappointed to the following terms by and in the discretion of the Director:
(1) one member shall be appointed for one year;
(2) two members shall be appointed to
serve 2 years;
(3) two members shall be appointed to serve 3 years;
|
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(4) two members shall be appointed to serve for 4 | ||
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All members shall serve
until their successors are appointed and qualified.
The Board members appointed to terms by this amendatory Act of 1995 shall be
appointed as soon as possible after the effective date of this amendatory Act
of 1995.
(Source: P.A. 89‑387, eff. 1‑1‑96 .)
|
(225 ILCS 425/13.2)
(from Ch. 111, par. 2038.2)
(Section scheduled to be repealed on January 1, 2016)
Sec. 13.2.
Powers and duties of Department.
The Department shall
exercise the powers and duties prescribed by the 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.
The Director shall promulgate rules consistent with the provisions of
this Act, for its administration and enforcement, and may prescribe forms
which shall be issued in connection therewith. The rules shall include
standards and criteria for licensure and certification, and professional
conduct and discipline.
The Department shall consult with the Board in promulgating rules.
Notice of proposed rulemaking shall be transmitted to the Board and the
Department shall review the Board's responses and any recommendations made
therein. The Department shall notify the Board in writing with
explanations of deviations from the Board's recommendations and responses.
The Department shall solicit the advice of the Board on any matter relating
to the administration and enforcement of this Act.
(Source: P.A. 86‑615
.)
(225 ILCS 425/13.3)
(from Ch. 111, par. 2038.3)
(Section scheduled to be repealed on January 1, 2016)
Sec. 13.3.
Powers and duties of the Board.
The Director shall give
due consideration to all recommendations of the Board, and in the event
that the Director disagrees with or takes action contrary to the
recommendation of the Board, he shall provide the Board with a written and
specific explanation of this action. None of the functions, powers or
duties of the Department with respect to licensure
and examination, including the promulgation of such rules as may be
necessary for the administration of this Act, shall be exercised by the
Department except upon review of the Board.
(Source: P.A. 86‑615
.)
(225 ILCS 425/14)
(from Ch. 111, par. 2039)
(Section scheduled to be repealed on January 1, 2016)
Sec. 14.
Engaging in the collection of debts without first having obtained a
certificate pursuant to this Act, or carrying on such business after
expiration of the certificate or after receipt of a notice of revocation or
suspension of the certificate is a Class A misdemeanor. The penalties
provided by this Act shall not be exclusive, but shall be in addition to
all other penalties or remedies provided by law.
(Source: P.A. 78‑1248
.)
(225 ILCS 425/14a)
(from Ch. 111, par. 2039a)
(Section scheduled to be repealed on January 1, 2016)
Sec. 14a.
Unlicensed practice; Injunctions.
The practice as a
collection agency by any entity not holding a valid and current license
under this Act is declared to be inimical to the public welfare, to
constitute a public nuisance, and to cause irreparable harm to the public
welfare. The Director, the Attorney General, the State's Attorney of any
county in the State, or any person may maintain an action in the name of
the People of the State of Illinois, and may apply for injunctive relief in
any circuit court to enjoin such entity from engaging in such practice.
Upon the filing of a verified petition in such court, the court, if
satisfied by affidavit or otherwise that such entity has been engaged in
such practice without a valid and current license, may enter a temporary
restraining order without notice or bond, enjoining the defendant from such
further practice. Only the showing of nonlicensure, by affidavit or
otherwise, is necessary in order for a temporary injunction to issue. A
copy of the verified complaint shall be served upon the defendant and the
proceedings shall thereafter be conducted as in other civil cases except as
modified by this Section. If it is established that the defendant has been
or is engaged in such unlawful practice, the court may enter an order or
judgment perpetually enjoining the defendant from further practice. In all
proceedings hereunder, the court, in its discretion, may apportion the
costs among the parties interested in the action, including cost of filing
the complaint, service of process, witness fees and expenses, court
reporter charges and reasonable attorneys' fees. In case of violation of
any injunctive order entered under the provisions of this Section, the court
may summarily try and punish the offender for contempt of court. Such
injunction proceedings shall be in addition to, and not in lieu of, all
penalties and other remedies provided in this Act.
(Source: P.A. 86‑615
.)
(225 ILCS 425/14b)
(from Ch. 111, par. 2039b)
(Section scheduled to be repealed on January 1, 2016)
Sec. 14b.
Penalty of unlawful practice; Second and subsequent
offenses. Any entity that practices or offers to practice as a collection
agency in this State without being licensed for that purpose, or whose
license has been suspended or revoked, or that violates any of the
provisions of this Act for which no specific penalty has been provided
herein, is guilty of a Class A misdemeanor.
Any entity that has been previously convicted under any of the provisions
of this Act and that subsequently violates any of the provisions of this
Act is guilty of a Class 4 felony. In addition, whenever any entity is
punished as a subsequent offender under this Section, the Director shall
proceed to obtain a permanent injunction against such entity under Section
14a of this Act.
(Source: P.A. 86‑615
.)
(225 ILCS 425/15)
(from Ch. 111, par. 2040)
(Section scheduled to be repealed on January 1, 2016)
Sec. 15.
If any clause, sentence, Section, provision or part of this Act shall be
adjudged to be unconstitutional or invalid for any reason, such judgment
shall not impair, affect or invalidate the remainder of this Act, which
shall be in full force and effect thereafter.
(Source: P.A. 78‑1248
.)
(225 ILCS 425/16)
(Section scheduled to be repealed on January 1, 2016)
Sec. 16.
Investigation; notice and hearing.
The Department may
investigate the actions or qualifications of any person or persons holding or
claiming to hold a certificate of registration. The Department shall, before
suspending or revoking any certificate of registration, at least 30 days before
the date set for the hearing of the charges before the Board, direct him or her
to
file his or her written answer thereto to the Board within 20 days after the
service
on him or her of the notice, and inform him or her that if he or she fails to
file an answer
default will be taken against him or her and his or her certificate of
registration may be
suspended or revoked. This written notice may be served by personal delivery
or certified mail to the respondent at the address of his or her last
notification to
the Department. In case the person fails to file an answer after receiving
notice, his or her license or certificate may, in the discretion of the
Department, be suspended, revoked, or placed on probationary status, or the
Department may take whatever disciplinary action
is considered 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. The
written answer shall be served by personal delivery, certified delivery, or
certified or registered mail to the Department. 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 statements,
testimony, evidence, and arguments as may be pertinent to the charges or to the
defense thereto. The Board shall be notified and may attend. Nothing in this
Section
shall be construed to require that a hearing be commenced and completed in one
day. At the discretion of the Director, after having first received the
recommendation of the Board, the accused person's certificate of registration
may be suspended or revoked, if the evidence constitutes sufficient grounds for
such action under this Act.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/17)
(Section scheduled to be repealed on January 1, 2016)
Sec. 17.
Record of hearing.
The Department, at its expense, shall
preserve
a record of all proceedings at the formal hearing of any case. The notice of
hearing, complaint, and other documents in the nature of pleadings and written
motions filed in the proceedings, the transcript of testimony, the report of
the Board, and orders of the Department shall be in the record of the
proceedings. The Department shall furnish a transcript of the record to any
person interested in the hearing upon payment of the fee required under Section
2105‑115 of the Department of Professional Regulation Law (20 ILCS
2105/2105‑115).
(Source: P.A. 91‑239, eff. 1‑1‑00
.)
(225 ILCS 425/18)
(Section scheduled to be repealed on January 1, 2016)
Sec. 18.
Subpoenas; oaths; attendance of witnesses.
The Department shall
have the power to subpoena and to bring before it any person and to take
testimony either orally or by deposition, or both, with the same fees and
mileage and in the same manner as prescribed in civil cases in the courts of
this State.
The Director, the designated hearing officer, and every member of the Board
shall have power to administer oaths to witnesses at any hearing that the
Department is authorized to conduct and any other oaths authorized in any Act
administered by the Department.
Any circuit court may, upon application of the Department or designee or of
the applicant, registrant, or person holding a certificate of registration
against whom proceedings under this Act are pending, enter an order requiring
the attendance of witnesses and their testimony, and the production of
documents, papers, files, books, and records in connection with any hearing or
investigations. The court may compel obedience to its order by proceedings for
contempt.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/19)
(Section scheduled to be repealed on January 1, 2016)
Sec. 19.
Board report.
At the conclusion of the hearing, the Board shall
present to the Director a written report of its findings and recommendations.
The report shall contain a finding whether or not the accused person violated
this Act or failed to comply with the conditions required in this Act. The
Board shall specify the nature of the violation or failure to comply and shall
make its recommendations to the Director.
The report of findings of fact, conclusions of law, and recommendation of the
Board shall be the basis for the Department's order for refusal or for the
granting of a certificate of registration. If the Director disagrees in any
regard with the report of the Board, the Director may issue an order in
contravention of the report. The Director shall provide a written report to
the Board on any deviation and shall specify with particularity the reasons for
that action in the final order. The finding is not admissible in evidence
against the person in a criminal prosecution brought for the violation of this
Act, but the hearing and finding is not a bar to a criminal prosecution brought
for the violation of this Act.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/20)
(Section scheduled to be repealed on January 1, 2016)
Sec. 20.
Motion for rehearing.
In any hearing involving the discipline of
a registrant, a copy of the Board's report shall be served upon the respondent
by the Department, either personally or as provided in this Act for the service
of the notice of
hearing. Within 20 calendar days after the service, the respondent may
present
to the Department a motion in writing for a rehearing which shall specify the
particular grounds for rehearing. If no motion for rehearing is filed, then
upon the expiration of the time specified for filing a motion, or if a motion
for
rehearing is denied, then upon denial, the Director may enter an order in
accordance with the recommendations of the Board, except as provided for in
Section
19. If the respondent orders a transcript of the record from the reporting
service and pays for it within the time for filing a motion for rehearing, the
20 calendar day period within which a motion for rehearing may be filed shall
commence upon the delivery of the transcript to the respondent.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/21)
(Section scheduled to be repealed on January 1, 2016)
Sec. 21.
Rehearing.
Whenever the Director is not satisfied that
substantial justice has been done in the revocation, suspension, or refusal to
issue or renew a certificate of registration, the Director may order a
rehearing
by the same or other examiners.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/22)
(Section scheduled to be repealed on January 1, 2016)
Sec. 22.
Hearing officer.
The Director shall have the authority to
appoint any attorney duly licensed to practice law in the State of Illinois to
serve as the hearing officer in any action for refusal to issue or renew a
certificate of registration or to discipline a registrant or person holding a
certificate of registration. The hearing officer shall have full authority to
conduct the hearing. The hearing officer shall report his or her findings and
recommendations to the Board and the Director. The Board shall have 60
calendar days from receipt of the report to review the report of the hearing
officer and present its findings of fact, conclusions of law, and
recommendations to the Director. If the Board fails to present its report
within the 60 calendar day period, the Director may issue an order based on the
report of the hearing officer. If the Director disagrees with the
recommendation of the Board or of the hearing officer, the Director may issue
an order in contravention of the recommendation.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/23)
(Section scheduled to be repealed on January 1, 2016)
Sec. 23.
Order; certified copy.
An order or a certified copy of an order,
over the seal of the Department and purporting to be signed by the Director,
shall be prima facie proof of the following:
(1) That the signature is the genuine signature of the Director.
(2) That the Director is duly appointed and qualified.
(3) That the Board and the Board members are qualified.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/24)
(Section scheduled to be repealed on January 1, 2016)
Sec. 24.
Restoration of certificate of registration.
At any time after
the
suspension or revocation of any certificate of registration, the Department may
restore the certificate of registration to the accused person upon the written
recommendation of the Board, unless after an investigation and a hearing the
Board determines that restoration is not in the public interest.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/25)
(Section scheduled to be repealed on January 1, 2016)
Sec. 25.
Surrender of certificate of registration.
Upon the revocation or
suspension of any certificate of registration the registrant shall immediately
surrender the certificate of registration to the Department. If the registrant
fails to do so, the Department shall have the right to seize the certificate of
registration.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/26)
(Section scheduled to be repealed on January 1, 2016)
Sec. 26.
Administrative Review Law.
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.
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 this State, the venue shall be in Sangamon County.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
(225 ILCS 425/27)
(Section scheduled to be repealed on January 1, 2016)
Sec. 27.
Certification of record; receipt.
The Department shall not be
required to certify any record to the court or file any answer in court or
otherwise appear in any court in a judicial review proceeding, unless there is
filed in the court, with the complaint, a receipt from the Department
acknowledging payment of the costs of furnishing and certifying the record.
Failure on the part of the plaintiff to file a receipt in court shall be
grounds for dismissal of the action.
(Source: P.A. 89‑387, eff. 1‑1‑96
.)
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