(815 ILCS 505/2B) (from Ch. 121 1/2, par. 262B)
Sec. 2B. Where a sale of merchandise involving $25 or more is made or contracted to be made whether under a single contract or under multiple contracts, to a consumer by a seller who is physically present at the consumer's residence, that consumer may avoid the contract or transaction by notifying the seller within 3 full business days following that day on which the contract was signed or the sale was made and by returning to the person, in its original condition, any merchandise delivered to the consumer under the contract or sale. At the time the transaction is made or the contract signed, the person shall furnish the consumer with a fully completed receipt or contract pertaining to the transaction, in substantially the same language as that principally used in the oral presentation to the consumer, containing a "Notice of Cancellation" informing the consumer that he may cancel the transaction at any time within 3 days and showing the date of the transaction with the name and address of the person, and in immediate proximity to the space reserved in the contract for the consumer's signature or on the front page of the receipt if a contract is not used, a statement which shall be in bold face type, in at least 10‑point type and in substantially the following form:
"YOU, THE CONSUMER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT."
Attached to the receipt or contract shall be a completed form in duplicate, captioned "NOTICE OF CANCELLATION" which shall be easily detachable and which shall contain in 10 point bold face type the following information and statements in the same language as that used in the contract: NOTICE OF CANCELLATION (enter date of transaction) ........................... (Date) YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN 3 BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU UNDER THE CONTRACT OR TRANSACTION WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE IN SUBSTANTIALLY AS GOOD A CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR TRANSACTION, OR YOU MAY IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.
IF YOU MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO (Name of seller), AT (address of seller's place of business) NOT LATER THAN MIDNIGHT OF (date).
I HEREBY CANCEL THIS TRANSACTION.
(Date) ............ ................... (Buyer's signature) Such written "Notice of Cancellation" may be sent by the consumer to the person to cancel the contract. The 3 day period provided for in this Section does not commence until the consumer is furnished a "Notice of Cancellation", and the address at which such notice to the seller can be given. If those conditions are met, the seller must return to the consumer the full amount of any payment made or consideration given under the contract or for the merchandise. It is an unlawful practice within the meaning of this Act for any person to
(a) Fail, before furnishing copies of the "Notice of Cancellation" to the consumer, to complete the copies by entering the name of the person, the address of the person's place of business, the date of the transaction, and the date, not earlier than the third business day following the date of the transaction, by which the consumer may give notice of cancellation;
(b) Include in any contract or receipt under this Section any confession of judgment or any waiver of any of the rights to which the consumer is entitled under this Section including specifically his right to cancel the transaction in accordance with the provisions of this Section;
(c) Fail to inform each consumer orally, at the time he signs the contract or purchases or leases the goods or services, of his right to cancel;
(d) Misrepresent in any manner the consumer's right to cancel;
(e) Use any undue influence, coercion or any other wilful act or representation to interfere with the consumer's exercise of his rights under this Section;
(f) Fail or refuse to honor any valid notice of cancellation by a consumer and within 10 business days after the receipt of such notice, to
(i) refund all payments made under the contract or |
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(ii) return any goods or property traded in, in |
| substantially as good a condition as when received by the person, or | |
(iii) cancel and return any negotiable instrument |
| executed by the consumer in connection with the contract or transaction and take any action necessary or appropriate to terminate promptly any security interest created in the transaction; | |
(g) Negotiate, transfer, sell, or assign any note or other evidence of indebtedness to a finance company or other third party prior to midnight of the fifth business day following the day the contract was signed or the goods or services were purchased or leased; or
(h) Fail, within 10 business days of receipt of the consumer's notice of cancellation, to notify him whether the seller intends to repossess or to abandon any shipped or delivered goods.
For the purposes of this Section, the word "sale" includes a sale, lease or rental.
This Section does not apply to any transaction
(a) made pursuant to prior negotiations in the course of a visit by the consumer to a retail business establishment having a fixed permanent location where the goods are exhibited, or the services are offered, for sale or lease on a continuing basis;
(b) in which the consumer is accorded the right of rescission by the provisions of the Consumer Credit Protection Act (15 U.S.C. 1635) or regulations issued pursuant thereto;
(c) in which the consumer has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency of the consumer, and the consumer furnishes the person with a separate dated and signed personal statement in the consumer's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within 3 business days;
(d) conducted and consummated entirely by mail or telephone without any other contact between the consumer and the person or its representative prior to delivery of the goods or performance of the services;
(e) in which the consumer has initiated the contact and specifically requested the person to visit his home for the purpose of repairing or performing maintenance upon the consumer's personal property, on the condition that if, in the course of such a visit, the person sells the consumer the right to receive additional services or goods other than replacement parts necessarily used in performing the maintenance or in making the repairs, the sale of those additional goods or services does not fall within this exclusion;
(f) pertaining to the sale or rental of real property, to the sale of insurance or to the sale of securities or commodities by a broker‑dealer registered with the Securities and Exchange Commission; or
(g) between a consumer and a loan broker licensed under the Residential Mortgage License Act of 1987 when (i) the transaction involves obtaining a mortgage loan on real estate and (ii) the first contact respecting the transaction is initiated by the consumer or by another person at the request of the consumer.
(Source: P.A. 90‑764, eff. 1‑1‑99.) |
(815 ILCS 505/2AA)
Sec. 2AA.
Immigration services.
(a) "Immigration matter" means any proceeding, filing, or action affecting the nonimmigrant, immigrant or citizenship status of any person that arises under immigration and naturalization law, executive order or presidential proclamation of the United States or any foreign country, or that arises under action of the United States Citizenship and Immigration Services, the United States Department of Labor, or the United States Department of State.
"Immigration assistance service" means any information or action provided or offered to customers or prospective customers related to immigration matters, excluding legal advice, recommending a specific course of legal action, or providing any other assistance that requires legal analysis, legal judgment, or interpretation of the law.
"Compensation" means money, property, services, promise of payment, or anything else of value.
"Employed by" means that a person is on the payroll of the employer and the employer deducts from the employee's paycheck social security and withholding taxes, or receives compensation from the employer on a commission basis or as an independent contractor.
"Reasonable costs" means actual costs or, if actual costs cannot be calculated, reasonably estimated costs of such things as photocopying, telephone calls, document requests, and filing fees for immigration forms, and other nominal costs incidental to assistance in an immigration matter.
(a‑1) The General Assembly finds and declares that private individuals who assist persons with immigration matters have a significant impact on the ability of their clients to reside and work within the United States and to establish and maintain stable families and business relationships. The General Assembly further finds that that assistance and its impact also have a significant effect on the cultural, social, and economic life of the State of Illinois and thereby substantially affect the public interest. It is the intent of the General Assembly to establish rules of practice and conduct for those individuals to promote honesty and fair dealing with residents and to preserve public confidence.
(a‑5) The following persons are exempt from this Section, provided they prove the exemption by a preponderance of the evidence:
(1) An attorney licensed to practice law in any
| state or territory of the United States, or of any foreign country when authorized by the Illinois Supreme Court, to the extent the attorney renders immigration assistance service in the course of his or her practice as an attorney. | |
(2) A legal intern, as described by the rules of the |
| Illinois Supreme Court, employed by and under the direct supervision of a licensed attorney and rendering immigration assistance service in the course of the intern's employment. | |
(3) A not‑for‑profit organization recognized by the |
| Board of Immigration Appeals under 8 C.F.R. 292.2(a) and employees of those organizations accredited under 8 C.F.R. 292.2(d). | |
(4) Any organization employing or desiring to employ |
| an alien or nonimmigrant alien, where the organization, its employees or its agents provide advice or assistance in immigration matters to alien or nonimmigrant alien employees or potential employees without compensation from the individuals to whom such advice or assistance is provided. | |
Nothing in this Section shall regulate any business to the extent that such regulation is prohibited or preempted by State or federal law.
All other persons providing or offering to provide immigration assistance service shall be subject to this Section.
(b) Any person who provides or offers to provide immigration assistance service may perform only the following services:
(1) Completing a government agency form, requested |
| by the customer and appropriate to the customer's needs, only if the completion of that form does not involve a legal judgment for that particular matter. | |
(2) Transcribing responses to a government agency |
| form which is related to an immigration matter, but not advising a customer as to his or her answers on those forms. | |
(3) Translating information on forms to a customer |
| and translating the customer's answers to questions posed on those forms. | |
(4) Securing for the customer supporting documents |
| currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms. | |
(5) Translating documents from a foreign language |
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(6) Notarizing signatures on government agency |
| forms, if the person performing the service is a notary public of the State of Illinois. | |
(7) Making referrals, without fee, to attorneys who |
| could undertake legal representation for a person in an immigration matter. | |
(8) Preparing or arranging for the preparation of |
| photographs and fingerprints. | |
(9) Arranging for the performance of medical testing |
| (including X‑rays and AIDS tests) and the obtaining of reports of such test results. | |
(10) Conducting English language and civics courses.
(11) Other services that the Attorney General |
| determines by rule may be appropriately performed by such persons in light of the purposes of this Section. | |
Fees for a notary public, agency, or any other person who is not an attorney or an accredited representative filling out immigration forms shall be limited to the maximum fees set forth in subsections (a) and (b) of Section 3‑104 of the Notary Public Act (5 ILCS 312/3‑104). The maximum fee schedule set forth in subsections (a) and (b) of Section 3‑104 of the Notary Public Act shall apply to any person that provides or offers to provide immigration assistance service performing the services described therein. The Attorney General may promulgate rules establishing maximum fees that may be charged for any services not described in that subsection. The maximum fees must be reasonable in light of the costs of providing those services and the degree of professional skill required to provide the services.
No person subject to this Act shall charge fees directly or indirectly for referring an individual to an attorney or for any immigration matter not authorized by this Article, provided that a person may charge a fee for notarizing documents as permitted by the Illinois Notary Public Act.
(c) Any person performing such services shall register with the Illinois Attorney General and submit verification of malpractice insurance or of a surety bond.
(d) Except as provided otherwise in this subsection, before providing any assistance in an immigration matter a person shall provide the customer with a written contract that includes the following:
(1) An explanation of the services to be performed.
(2) Identification of all compensation and costs to |
| be charged to the customer for the services to be performed. | |
(3) A statement that documents submitted in support |
| of an application for nonimmigrant, immigrant, or naturalization status may not be retained by the person for any purpose, including payment of compensation or costs. | |
This subsection does not apply to a not‑for‑profit organization that provides advice or assistance in immigration matters to clients without charge beyond a reasonable fee to reimburse the organization's or clinic's reasonable costs relating to providing immigration services to that client.
(e) Any person who provides or offers immigration assistance service and is not exempted from this Section, shall post signs at his or her place of business, setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance service. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to customers. Each sign shall be at least 11 inches by 17 inches, and shall contain the following:
(1) The statement "I AM NOT AN ATTORNEY LICENSED TO |
| PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." | |
(2) The statement "I AM NOT ACCREDITED TO REPRESENT |
| YOU BEFORE THE UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE AND THE IMMIGRATION BOARD OF APPEALS." | |
(3) The fee schedule.
(4) The statement that "You may cancel any contract |
| within 3 working days and get your money back for services not performed." | |
(5) Additional information the Attorney General may |
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Every person engaged in immigration assistance service who is not an attorney who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall include in the document, advertisement, stationery, letterhead, business card, or other comparable written material the following notice in English and the language in which the written communication appears. This notice shall be of a conspicuous size, if in writing, and shall state: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." If such advertisement is by radio or television, the statement may be modified but must include substantially the same message.
Any person who provides or offers immigration assistance service and is not exempted from this Section shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material, literally translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies the person is an attorney. To illustrate, the words "notario" and "poder notarial" are prohibited under this provision.
If not subject to penalties under subsection (a) of Section 3‑103 of the Notary Public Act (5 ILCS 312/3‑103), violations of this subsection shall result in a fine of $1,000. Violations shall not preempt or preclude additional appropriate civil or criminal penalties.
(f) The written contract shall be in both English and in the language of the customer.
(g) A copy of the contract shall be provided to the customer upon the customer's execution of the contract.
(h) A customer has the right to rescind a contract within 72 hours after his or her signing of the contract.
(i) Any documents identified in paragraph (3) of subsection (c) shall be returned upon demand of the customer.
(j) No person engaged in providing immigration services who is not exempted under this Section shall do any of the following:
(1) Make any statement that the person can or will |
| obtain special favors from or has special influence with the United States Immigration and Naturalization Service or any other government agency. | |
(2) Retain any compensation for service not |
|
(2.5) Accept payment in exchange for providing legal |
| advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law. | |
(3) Refuse to return documents supplied by, prepared |
| on behalf of, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a fee dispute between the immigration assistant and the customer. | |
(4) Represent or advertise, in connection with the |
| provision assistance in immigration matters, other titles of credentials, including but not limited to "notary public" or "immigration consultant," that could cause a customer to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter; provided that a notary public appointed by the Illinois Secretary of State may use the term "notary public" if the use is accompanied by the statement that the person is not an attorney; the term "notary public" may not be translated to another language; for example "notario" is prohibited. | |
(5) Provide legal advice, recommend a specific |
| course of legal action, or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law. | |
(6) Make any misrepresentation of false statement, |
| directly or indirectly, to influence, persuade, or induce patronage. | |
(k) (Blank)
(l) (Blank)
(m) Any person who violates any provision of this Section, or the rules and regulations issued under this Section, shall be guilty of a Class A misdemeanor for a first offense and a Class 3 felony for a second or subsequent offense committed within 5 years of a previous conviction for the same offense.
Upon his own information or upon the complaint of any person, the Attorney General or any State's Attorney, or a municipality with a population of more than 1,000,000, may maintain an action for injunctive relief and also seek a civil penalty not exceeding $50,000 in the circuit court against any person who violates any provision of this Section. These remedies are in addition to, and not in substitution for, other available remedies.
If the Attorney General or any State's Attorney or a municipality with a population of more than 1,000,000 fails to bring an action as provided under this Section any person may file a civil action to enforce the provisions of this Article and maintain an action for injunctive relief, for compensatory damages to recover prohibited fees, or for such additional relief as may be appropriate to deter, prevent, or compensate for the violation. In order to deter violations of this Section, courts shall not require a showing of the traditional elements for equitable relief. A prevailing plaintiff may be awarded 3 times the prohibited fees or a minimum of $1,000 in punitive damages, attorney's fees, and costs of bringing an action under this Section. It is the express intention of the General Assembly that remedies for violation of this Section be cumulative.
(n) No unit of local government, including any home rule unit, shall have the authority to regulate immigration assistance services unless such regulations are at least as stringent as those contained in this amendatory Act of 1992. It is declared to be the law of this State, pursuant to paragraph (i) of Section 6 of Article VII of the Illinois Constitution of 1970, that this amendatory Act of 1992 is a limitation on the authority of a home rule unit to exercise powers concurrently with the State. The limitations of this Section do not apply to a home rule unit that has, prior to the effective date of this amendatory Act, adopted an ordinance regulating immigration assistance services.
(o) This Section is severable under Section 1.31 of the Statute on Statutes.
(p) The Attorney General shall issue rules not inconsistent with this Section for the implementation, administration, and enforcement of this Section. The rules may provide for the following:
(1) The content, print size, and print style of the |
| signs required under subsection (e). Print sizes and styles may vary from language to language. | |
(2) Standard forms for use in the administration of |
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(3) Any additional requirements deemed necessary.
(Source: P.A. 93‑1001, eff. 8‑23‑04; 94‑238, eff. 7‑14‑05.) |
(815 ILCS 505/2EE)
Sec. 2EE.
Electric service provider selection.
An electric service provider shall not submit or execute a change in a subscriber's selection of a provider of electric service unless and until (i) the provider first discloses all material terms and conditions of the offer to the subscriber; (ii) the provider has obtained the subscriber's express agreement to accept the offer after the disclosure of all material terms and conditions of the offer; and (iii) the provider has confirmed the request for a change in accordance with one of the following procedures:
(a) The new electric service provider has obtained the subscriber's written or electronically signed authorization in a form that meets the following requirements:
(1) An electric service provider shall obtain any
| necessary written or electronically signed authorization from a subscriber for a change in electric service by using a letter of agency as specified in this Section. Any letter of agency that does not conform with this Section is invalid. | |
(2) The letter of agency shall be a separate |
| document (an easily separable document containing only the authorization language described in subparagraph (a)(5) of this Section) whose sole purpose is to authorize an electric service provider change. The letter of agency must be signed and dated by the subscriber requesting the electric service provider change. | |
(3) The letter of agency shall not be combined with |
| inducements of any kind on the same document. | |
(4) Notwithstanding subparagraphs (a)(1) and |
| (a)(2) of this Section, the letter of agency may be combined with checks that contain only the required letter of agency language prescribed in subparagraph (a)(5) of this Section and the necessary information to make the check a negotiable instrument. The letter of agency check shall not contain any promotional language or material. The letter of agency check shall contain in easily readable, bold‑face type on the face of the check, a notice that the consumer is authorizing an electric service provider change by signing the check. The letter of agency language also shall be placed near the signature line on the back of the check. | |
(5) At a minimum, the letter of agency must be |
| printed with a print of sufficient size to be clearly legible, and must contain clear and unambiguous language that confirms: | |
(i) The subscriber's billing name and address;
(ii) The decision to change the electric service |
| provider from the current provider to the prospective provider; | |
(iii) The terms, conditions, and nature of the |
| service to be provided to the subscriber must be clearly and conspicuously disclosed, in writing, and an electric service provider must directly establish the rates for the service contracted for by the subscriber; and | |
(iv) That the subscriber understand that any |
| electric service provider selection the subscriber chooses may involve a charge to the subscriber for changing the subscriber's electric service provider. | |
(6) Letters of agency shall not suggest or require |
| that a subscriber take some action in order to retain the subscriber's current electric service provider. | |
(7) If any portion of a letter of agency is |
| translated into another language, then all portions of the letter of agency must be translated into that language. | |
(b) An appropriately qualified independent third party has obtained, in accordance with the procedures set forth in this subsection (b), the subscriber's oral authorization to change electric suppliers that confirms and includes appropriate verification data. The independent third party (i) must not be owned, managed, controlled, or directed by the supplier or the supplier's marketing agent; (ii) must not have any financial incentive to confirm supplier change requests for the supplier or the supplier's marketing agent; and (iii) must operate in a location physically separate from the supplier or the supplier's marketing agent.
Automated third‑party verification systems and 3‑way |
| conference calls may be used for verification purposes so long as the other requirements of this subsection (b) are satisfied. | |
A supplier or supplier's sales representative initiating |
| a 3‑way conference call or a call through an automated verification system must drop off the call once the 3‑way connection has been established. | |
All third‑party verification methods shall elicit, at a |
| minimum, the following information: (i) the identity of the subscriber; (ii) confirmation that the person on the call is authorized to make the supplier change; (iii) confirmation that the person on the call wants to make the supplier change; (iv) the names of the suppliers affected by the change; (v) the service address of the supply to be switched; and (vi) the price of the service to be supplied and the material terms and conditions of the service being offered, including whether any early termination fees apply. Third‑party verifiers may not market the supplier's services by providing additional information, including information regarding procedures to block or otherwise freeze an account against further changes. | |
All third‑party verifications shall be conducted in the |
| same language that was used in the underlying sales transaction and shall be recorded in their entirety. Submitting suppliers shall maintain and preserve audio records of verification of subscriber authorization for a minimum period of 2 years after obtaining the verification. Automated systems must provide consumers with an option to speak with a live person at any time during the call. | |
(c) When a subscriber initiates the call to the prospective electric supplier, in order to enroll the subscriber as a customer, the prospective electric supplier must, with the consent of the customer, make a date‑stamped, time‑stamped audio recording that elicits, at a minimum, the following information:
(1) the identity of the subscriber;
(2) confirmation that the person on the call is |
| authorized to make the supplier change; | |
(3) confirmation that the person on the call wants to |
| make the supplier change; | |
(4) the names of the suppliers affected by the change;
(5) the service address of the supply to be switched; |
|
(6) the price of the service to be supplied and the |
| material terms and conditions of the service being offered, including whether any early termination fees apply. | |
Submitting suppliers shall maintain and preserve the audio records containing the information set forth above for a minimum period of 2 years.
(d) Complaints may be filed with the Illinois Commerce Commission under this Section by a subscriber whose electric service has been provided by an electric service supplier in a manner not in compliance with this Section. If, after notice and hearing, the Commission finds that an electric service provider has violated this Section, the Commission may in its discretion do any one or more of the following:
(1) Require the violating electric service provider |
| to refund to the subscriber charges collected in excess of those that would have been charged by the subscriber's authorized electric service provider. | |
(2) Require the violating electric service provider |
| to pay to the subscriber's authorized electric supplier the amount the authorized electric supplier would have collected for the electric service. The Commission is authorized to reduce this payment by any amount already paid by the violating electric supplier to the subscriber's authorized provider for electric service. | |
(3) Require the violating electric subscriber to |
| pay a fine of up to $1,000 into the Public Utility Fund for each repeated and intentional violation of this Section. | |
(4) Issue a cease and desist order.
(5) For a pattern of violation of this Section or |
| for intentionally violating a cease and desist order, revoke the violating provider's certificate of service authority. | |
(e) For purposes of this Section, "electric service provider" shall have the meaning given that phrase in Section 6.5 of the Attorney General Act.
(Source: P.A. 95‑700, eff. 11‑9‑07.) |
(815 ILCS 505/2II)
Sec. 2II. Prohibition of sweepstakes boxes and conditions upon use of prize promotions to solicit authority to provide telecommunications or related service.
(a) As used in this Section, the following terms have the meaning set forth herein:
(1) "Telecommunications carrier" has the meaning |
| given in Section 13‑202 of the Public Utilities Act, except that "telecommunications carrier" does not include a provider of commercial mobile radio services (as defined by 47 U.S.C. 332(d)(1). | |
(2) "Telecommunications service" has the meaning |
| given in Section 13‑203 of the Public Utilities Act. | |
(3) "Enhanced telecommunications service" means any |
| service or merchandise, other than interLATA, intraLATA, or local exchange service for which any charge or assessment appears on a billing statement directed to a consumer by a telecommunications carrier. | |
(4) "Sweepstakes box" means the box or receptacle |
| into which consumers place entry forms or documents used to enter sweepstakes, contests, or drawings of any description, and promotional materials attached thereto. | |
(b) It is an unfair or deceptive act or practice within the meaning of Section 2 of this Act for any person to solicit authority to execute a change of telecommunications carrier or to solicit authority to provide any telecommunications service or enhanced telecommunications service through the use of any sweepstakes box.
(c) Forms or documents used or intended to be used by consumers to enter sweepstakes, contests, or drawings of any description may not be used by any person as written authority to execute a change of any person's telecommunications carrier or to render any telecommunications service or enhanced telecommunications service.
(d) Any person who solicits any authority to execute a change of any person's telecommunications carrier or to render any telecommunications service or enhanced telecommunications service through or in conjunction with any sweepstakes, contest, or drawing shall clearly, conspicuously, and fully disclose in all direct mail solicitations to consumers the fact that the sweepstakes, contest, or drawing is intended to solicit authority to execute a change of telecommunications carrier or render telecommunications service or enhanced telecommunications service. The disclosure shall include, at the least, the following information:
(1) that no purchase or change of telecommunications |
| carrier or service is required to enter the sweepstakes, contest, or drawing; | |
(2) the alternative means by which a person may |
| enter the sweepstakes, contest, or drawing without authorizing a change of telecommunications carrier or service or making a purchase; | |
(3) the name and telephone number of the entity |
| soliciting consumers to make a purchase or to authorize a change of telecommunications carrier or service through the use of or in conjunction with the sweepstakes, contest, or drawing; and | |
(4) a brief description of the nature of the |
| telecommunications services or enhanced telecommunications services for which authorization is sought through the use of or in conjunction with the sweepstakes, contest, or drawing. | |
(e) It is an unfair or deceptive act or practice within the meaning of Section 2 of this Act for any person to use a form or document used or intended to be used by consumers to enter sweepstakes, contests, or drawings of any description as written authority to execute a change of any person's telecommunications carrier or to render any telecommunications service or enhanced telecommunications service or for any person to solicit authority to execute a change of telecommunications carrier or to solicit authority to provide any telecommunications service or enhanced telecommunications service through or in conjunction with any sweepstakes, contest, or drawing in a manner not in compliance with this Section. Nothing in this Section shall be construed to prohibit any person from offering a premium, incentive, or thing of value to another as consideration for authorizing a change of telecommunications carrier or the rendition of any telecommunications service or enhanced telecommunications service, provided that no element of chance or skill is associated with the offer of the premium, incentive, or thing of value or the receipt thereof.
(Source: P.A. 90‑610, eff. 7‑1‑98.) |
(815 ILCS 505/2MM)
Sec. 2MM.
Verification of accuracy of consumer reporting information used to extend consumers credit and security freeze on credit reports.
(a) A credit card issuer who mails an offer or solicitation to apply for a credit card and who receives a completed application in response to the offer or solicitation which lists an address that is not substantially the same as the address on the offer or solicitation may not issue a credit card based on that application until reasonable steps have been taken to verify the applicant's change of address.
(b) Any person who uses a consumer credit report in connection with the approval of credit based on the application for an extension of credit, and who has received notification of a police report filed with a consumer reporting agency that the applicant has been a victim of financial identity theft, as defined in Section 16G‑15 of the Criminal Code of 1961, may not lend money or extend credit without taking reasonable steps to verify the consumer's identity and confirm that the application for an extension of credit is not the result of financial identity theft.
(c) A consumer may request that a security freeze be placed on his or her credit report by sending a request in writing by certified mail to a consumer reporting agency at an address designated by the consumer reporting agency to receive such requests. This subsection (c) does not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer's credit report.
(d) A consumer reporting agency shall place a security freeze on a consumer's credit report no later than 5 business days after receiving a written request from the consumer:
(1) a written request described in subsection (c);
(2) proper identification; and
(3) payment of a fee, if applicable.
(e) Upon placing the security freeze on the consumer's credit report, the consumer reporting agency shall send to the consumer within 10 business days a written confirmation of the placement of the security freeze and a unique personal identification number or password or similar device, other than the consumer's Social Security number, to be used by the consumer when providing authorization for the release of his or her credit report for a specific party or period of time.
(f) If the consumer wishes to allow his or her credit report to be accessed for a specific party or period of time while a freeze is in place, he or she shall contact the consumer reporting agency using a point of contact designated by the consumer reporting agency, request that the freeze be temporarily lifted, and provide the following:
(1) Proper identification;
(2) The unique personal identification number or
| password or similar device provided by the consumer reporting agency; | |
(3) The proper information regarding the third party |
| or time period for which the report shall be available to users of the credit report; and | |
(4) A fee, if applicable.
(g) A consumer reporting agency shall develop a contact method to receive and process a request from a consumer to temporarily lift a freeze on a credit report pursuant to subsection (f) in an expedited manner.
A contact method under this subsection shall include: (i) a postal address; and (ii) an electronic contact method chosen by the consumer reporting agency, which may include the use of telephone, fax, Internet, or other electronic means.
(h) A consumer reporting agency that receives a request from a consumer to temporarily lift a freeze on a credit report pursuant to subsection (f), shall comply with the request no later than 3 business days after receiving the request.
(i) A consumer reporting agency shall remove or temporarily lift a freeze placed on a consumer's credit report only in the following cases:
(1) upon consumer request, pursuant to subsection (f) |
| or subsection (l) of this Section; or | |
(2) if the consumer's credit report was frozen due to |
| a material misrepresentation of fact by the consumer. | |
If a consumer reporting agency intends to remove a freeze |
| upon a consumer's credit report pursuant to this subsection, the consumer reporting agency shall notify the consumer in writing prior to removing the freeze on the consumer's credit report. | |
(j) If a third party requests access to a credit report on which a security freeze is in effect, and this request is in connection with an application for credit or any other use, and the consumer does not allow his or her credit report to be accessed for that specific party or period of time, the third party may treat the application as incomplete.
(k) If a consumer requests a security freeze, the credit reporting agency shall disclose to the consumer the process of placing and temporarily lifting a security freeze, and the process for allowing access to information from the consumer's credit report for a specific party or period of time while the freeze is in place.
(l) A security freeze shall remain in place until the |
| consumer requests, using a point of contact designated by the consumer reporting agency, that the security freeze be removed. A credit reporting agency shall remove a security freeze within 3 business days of receiving a request for removal from the consumer, who provides: | |
(1) Proper identification;
(2) The unique personal identification number or |
| password or similar device provided by the consumer reporting agency; and | |
(3) A fee, if applicable.
(m) A consumer reporting agency shall require proper identification of the person making a request to place or remove a security freeze.
(n) The provisions of subsections (c) through (m) of this Section do not apply to the use of a consumer credit report by any of the following:
(1) A person or entity, or a subsidiary, affiliate, |
| or agent of that person or entity, or an assignee of a financial obligation owing by the consumer to that person or entity, or a prospective assignee of a financial obligation owing by the consumer to that person or entity in conjunction with the proposed purchase of the financial obligation, with which the consumer has or had prior to assignment an account or contract, including a demand deposit account, or to whom the consumer issued a negotiable instrument, for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract, or negotiable instrument. For purposes of this subsection, "reviewing the account" includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements. | |
(2) A subsidiary, affiliate, agent, assignee, or |
| prospective assignee of a person to whom access has been granted under subsection (f) of this Section for purposes of facilitating the extension of credit or other permissible use. | |
(3) Any state or local agency, law enforcement |
| agency, trial court, or private collection agency acting pursuant to a court order, warrant, or subpoena. | |
(4) A child support agency acting pursuant to Title |
| IV‑D of the Social Security Act. | |
(5) The State or its agents or assigns acting to |
|
(6) The Department of Revenue or its agents or |
| assigns acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities. | |
(7) The use of credit information for the purposes of |
| prescreening as provided for by the federal Fair Credit Reporting Act. | |
(8) Any person or entity administering a credit file |
| monitoring subscription or similar service to which the consumer has subscribed. | |
(9) Any person or entity for the purpose of providing |
| a consumer with a copy of his or her credit report or score upon the consumer's request. | |
(10) Any person using the information in connection |
| with the underwriting of insurance. | |
(n‑5) This Section does not prevent a consumer reporting agency from charging a fee of no more than $10 to a consumer for each freeze, removal, or temporary lift of the freeze, regarding access to a consumer credit report, except that a consumer reporting agency may not charge a fee to (i) a consumer 65 years of age or over for placement and removal of a freeze, or (ii) a victim of identity theft who has submitted to the consumer reporting agency a valid copy of a police report, investigative report, or complaint that the consumer has filed with a law enforcement agency about unlawful use of his or her personal information by another person.
(o) If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a credit report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer's file: (i) name, (ii) date of birth, (iii) Social Security number, and (iv) address. Written confirmation is not required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and to the former address.
(p) The following entities are not required to place a security freeze in a consumer report, however, pursuant to paragraph (3) of this subsection, a consumer reporting agency acting as a reseller shall honor any security freeze placed on a consumer credit report by another consumer reporting agency:
(1) A check services or fraud prevention services |
| company, which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payment. | |
(2) A deposit account information service company, |
| which issues reports regarding account closures due to fraud, substantial overdrafts, ATM abuse, or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution. | |
(3) A consumer reporting agency that:
(A) acts only to resell credit information by |
| assembling and merging information contained in a database of one or more consumer reporting agencies; and | |
(B) does not maintain a permanent database of |
| credit information from which new credit reports are produced. | |
(q) For purposes of this Section:
"Credit report" has the same meaning as "consumer report", as ascribed to it in 15 U.S.C. Sec. 1681a(d).
"Consumer reporting agency" has the meaning ascribed to it in 15 U.S.C. Sec. 1681a(f).
"Security freeze" means a notice placed in a consumer's credit report, at the request of the consumer and subject to certain exceptions, that prohibits the consumer reporting agency from releasing the consumer's credit report or score relating to an extension of credit, without the express authorization of the consumer.
"Extension of credit" does not include an increase in an existing open‑end credit plan, as defined in Regulation Z of the Federal Reserve System (12 C.F.R. 226.2), or any change to or review of an existing credit account.
"Proper identification" means information generally deemed sufficient to identify a person. Only if the consumer is unable to reasonably identify himself or herself with the information described above, may a consumer reporting agency require additional information concerning the consumer's employment and personal or family history in order to verify his or her identity.
(r) Any person who violates this Section commits an unlawful practice within the meaning of this Act.
(Source: P.A. 94‑74, eff. 1‑1‑06; 94‑799, eff. 1‑1‑07; 95‑331, eff. 8‑21‑07.) |
(815 ILCS 505/2RR)
Sec. 2RR.
Use of Social Security numbers.
(a) Except as otherwise provided in this Section, a person may not do any of the following:
(1) Publicly post or publicly display in any manner
| an individual's social security number. As used in this Section, "publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public. | |
(2) Print an individual's social security number on |
| any card required for the individual to access products or services provided by the person or entity; however, a person or entity that provides an insurance card must print on the card an identification number unique to the holder of the card in the format prescribed by Section 15 of the Uniform Prescription Drug Information Card Act. | |
(3) Require an individual to transmit his or her |
| social security number over the Internet, unless the connection is secure or the social security number is encrypted. | |
(4) Require an individual to use his or her social |
| security number to access an Internet web site, unless a password or unique personal identification number or other authentication device is also required to access the Internet Web site. | |
(5) Print an individual's social security number on |
| any materials that are mailed to the individual, unless State or federal law requires the social security number to be on the document to be mailed. Notwithstanding any provision in this Section to the contrary, social security numbers may be included in applications and forms sent by mail, including documents sent as part of an application or enrollment process or to establish, amend, or terminate an account, contract, or policy or to confirm the accuracy of the social security number. A social security number that may permissibly be mailed under this Section may not be printed, in whole or in part, on a postcard or other mailer that does not require an envelope or be visible on an envelope or visible without the envelope having been opened. | |
(b) A person that used, before July 1, 2005, an |
| individual's social security number in a manner inconsistent with subsection (a) may continue using that individual's social security number in the same manner on or after July 1, 2005 if all of the following conditions are met: | |
(1) The use of the social security number is |
| continuous. If the use is stopped for any reason, subsection (a) shall apply. | |
(2) The individual is provided an annual disclosure |
| that informs the individual that he or she has the right to stop the use of his or her social security number in a manner prohibited by subsection (a). | |
A written request by an individual to stop the use of his |
| or her social security number in a manner prohibited by subsection (a) shall be implemented within 30 days of the receipt of the request. There shall be no fee or charge for implementing the request. A person shall not deny services to an individual because the individual makes such a written request. | |
(c) This Section does not apply to the collection, use, |
| or release of a social security number as required by State or federal law or the use of a social security number for internal verification or administrative purposes. This Section does not apply to the collection, use, or release of a social security number by the State, a subdivision of the State, or an individual in the employ of the State or a subdivision of the State in connection with his or her official duties. | |
(d) This Section does not apply to documents that are |
| recorded or required to be open to the public under State or federal law, applicable case law, Supreme Court Rule, or the Constitution of the State of Illinois. | |
(e) If a federal law takes effect requiring the United |
| States Department of Health and Human Services to establish a national unique patient health identifier program, any person who complies with the federal law shall be deemed to be in compliance with this Section. | |
(f) A person may not encode or embed a social security |
| number in or on a card or document, including, but not limited to, using a bar code, chip, magnetic strip, or other technology, in place of removing the social security number as required by this Section. | |
(g) Any person who violates this Section commits an |
| unlawful practice within the meaning of this Act. | |
(Source: P.A. 95‑331, eff. 8‑21‑07.) |
(815 ILCS 505/2SS)
Sec. 2SS.
Gift certificates.
(a) "Gift certificate" means a record evidencing a promise, made for consideration, by the seller or issuer of the record that goods or services will be provided to the holder of the record for the value shown in the record and includes, but is not limited to, a record that contains a microprocessor chip, magnetic stripe or other means for the storage of information that is prefunded and for which the value is decremented upon each use, a gift card, an electronic gift card, stored‑value card or certificate, a store card or a similar record or card. For purposes of this Act, the term "gift certificate" does not include any of the following:
(i) prepaid telecommunications and technology cards
| including, but not limited to, prepaid telephone calling cards, prepaid technical support cards, and prepaid Internet disks that are distributed to or purchased by a consumer; | |
(ii) prepaid telecommunications and technology cards |
| including, but not limited to, prepaid telephone calling cards, prepaid technical support cards, and prepaid Internet disks that are provided to a consumer pursuant to any award, loyalty, or promotion program without any money or other thing of value being given in exchange for the card; or | |
(iii) any gift certificate usable with multiple |
| sellers of goods or services. | |
(b) On or after January 1, 2008, no person shall sell a |
| gift certificate that is subject to: (1) an expiration date earlier than 5 years after the date of issuance; or (2) a post‑purchase fee. Any gift certificate issued prior to January 1, 2008 that is subject to a fee must contain a statement clearly and conspicuously printed on the gift certificate stating whether there is a fee, the amount of the fee, how often the fee will occur, that the fee is triggered by inactivity of the gift certificate, and at what point the fee will be charged. The statement may appear on the front or back of the gift certificate in a location where it is visible to any purchaser prior to the purchase. | |
(c) The face value of a gift certificate issued on or |
| after January 1, 2008 may not be reduced in value and the holder of a gift certificate issued after January 1, 2008 may not be penalized in any way for non‑use or untimely redemption of the gift certificate. Any gift certificate issued prior to January 1, 2008 that is subject to an expiration date must contain a statement clearly and conspicuously printed on the gift certificate stating the expiration date. The statement may appear on the front or back of the gift certificate in a location where it is visible to any purchaser prior to the purchase. | |
(d) Subsection (c) does not apply to any gift certificate |
| issued prior to January 1, 2008 that contains a toll free phone number and a statement clearly and conspicuously printed on the gift certificate stating that holders can call the toll free number to find out the balance on the gift certificate, if applicable, and the expiration date. The toll free number and statement may appear on the front or back of the gift certificate in a location where it is visible to any purchaser prior to the purchase. | |
(e) This Section does not apply to any of the following |
|
(i) Gift certificates that are distributed by the |
| issuer to a consumer pursuant to an awards, loyalty, or promotional program without any money or thing of value being given in direct exchange or solely for the gift certificate by the consumer. | |
(ii) Gift certificates that are sold below face |
| value at a volume discount to employers or to nonprofit and charitable organizations for fundraising purposes if the expiration date on those gift certificates is not more than 30 days after the date of sale. | |
(iii) Gift certificates that are issued for a food |
|
(Source: P.A. 95‑331, eff. 8‑21‑07; 95‑525, eff. 1‑1‑08.) |
(815 ILCS 505/2TT)
Sec. 2TT.
Prepaid calling service.
(a) For purposes of this Section, the terms "Prepaid Calling Service", "Prepaid Calling Service Provider", "Prepaid Calling Service Retailer", and "Prepaid Calling Service Reseller" shall have the same definitions as those in Sections 13‑230, 13‑231, 13‑232, and 13‑233, respectively, of the Public Utilities Act.
For the purposes of this Section, "international preferred destination" means a prepaid calling service that advertises a specific international destination either on the card, the packaging material accompanying the card, or through an offering of sale of the service.
(b) On and after July 1, 2005, it is an unlawful practice under this Act for any prepaid calling service provider or prepaid calling service reseller to sell or offer to sell prepaid calling service to any prepaid calling service retailer unless the prepaid calling service provider has applied for and received a Certificate of Prepaid Calling Service Provider Authority from the Illinois Commerce Commission pursuant to the Public Utilities Act and the prepaid calling service provider or prepaid calling service reseller shows proof of the prepaid calling service provider's Certificate of Prepaid Calling Service Provider Authority to the prepaid calling service retailer.
(c) On and after July 1, 2005, it is an unlawful practice under this Act for any prepaid calling service retailer to sell or offer to sell prepaid calling service to any consumer unless the prepaid calling service retailer retains proof of certification of the prepaid calling service provider by the Illinois Commerce Commission pursuant to the Public Utilities Act. The prepaid calling service retailer must retain proof of certification for one year or the duration of the contract with the reseller, whichever is longer. A prepaid calling service retailer with multiple locations selling prepaid calling cards under contract with a prepaid calling service provider may keep the certification at a central location provided, however, that the prepaid calling service retailer make a copy of the certification available upon reasonable request within 48 hours.
(d) On and after July 1, 2005, no prepaid calling service provider or prepaid calling service reseller shall sell or offer to sell prepaid calling service, as those terms are defined in Article XIII of the Public Utilities Act, to any Illinois consumer, either directly or through a prepaid calling service retailer, unless the following disclosures are made clearly and conspicuously:
(1) At a minimum, the following terms and conditions
| shall be disclosed clearly and conspicuously on the prepaid calling card, if applicable: | |
(A) the full name of the Prepaid Calling Service |
| Provider as certificated by the Illinois Commerce Commission; | |
(B) the toll‑free customer service number;
(C) an access number that is toll‑free or a |
| number local to the prepaid calling retailer; and | |
(D) the refund policy or a statement that the |
| refund policy is located on the packaging materials. | |
(2) At a minimum, all the material terms and |
| conditions pertaining to the specific prepaid calling card shall be disclosed clearly and conspicuously on the packaging materials accompanying the prepaid calling card including, but not limited to, the following, if applicable: | |
(A) the value of the card in minutes or the |
| domestic rate per minute of the card; | |
(B) all surcharges and fees applicable to the use |
| of the domestic prepaid calling service; | |
(C) all applicable rates for international |
|
(D) all applicable surcharges and fees for |
| international preferred destinations; | |
(E) a disclosure statement indicating that all |
| rates, surcharges, and fees applicable to international calls are available through the toll‑free customer service number and a statement disclosing if international rates vary from domestic rates; and | |
(F) the expiration policy.
(3) At a minimum, the following information shall be |
| disclosed clearly and conspicuously and accurately through the toll‑free customer service telephone number through which the customer is able to speak with a live customer service representative: | |
(A) the Illinois Commerce Commission certificate |
| number of the Prepaid Calling Service Provider; | |
(B) all applicable rates, terms, surcharges, and |
| fees for domestic and international calls; | |
(C) all information necessary to determine the |
|
(D) the balance of use in the consumer's account; |
|
(E) the applicable expiration date or period.
The disclosures required under this subsection (d) do not apply to the recharging of dollars or minutes to a previously purchased card allowing prepaid calling service.
(Source: P.A. 95‑331, eff. 8‑21‑07.) |
(815 ILCS 505/2DDD)
Sec. 2DDD.
Alternative gas suppliers.
(a) Definitions.
(1) "Alternative gas supplier" has the same meaning
| as in Section 19‑105 of the Public Utilities Act. | |
(2) "Gas utility" has the same meaning as in Section |
| 19‑105 of the Public Utilities Act. | |
(b) It is an unfair or deceptive act or practice within |
| the meaning of Section 2 of this Act for any person to violate any provision of this Section. | |
(c) Solicitation.
(1) An alternative gas supplier shall not |
| misrepresent the affiliation of any alternative supplier with the gas utility, governmental bodies, or consumer groups. | |
(2) If any sales solicitation, agreement, contract, |
| or verification is translated into another language and provided to a customer, all of the documents must be provided to the customer in that other language. | |
(3) An alternative gas supplier shall clearly and |
| conspicuously disclose the following information to all customers: | |
(A) the prices, terms, and conditions of the |
| products and services being sold to the customer; | |
(B) where the solicitation occurs in person, |
| including through door‑to‑door solicitation, the salesperson's name; | |
(C) the alternative gas supplier's contact |
| information, including the address, phone number, and website; | |
(D) contact information for the Illinois Commerce |
| Commission, including the toll‑free number for consumer complaints and website; | |
(E) a statement of the customer's right to |
| rescind the offer within 10 business days of the date on the utility's notice confirming the customer's decision to switch suppliers, as well as phone numbers for the supplier and utility that the consumer may use to rescind the contract; and | |
(F) the amount of the early termination fee, if |
|
(4) Except as provided in paragraph (5) of this |
| subsection (c), an alternative gas supplier shall send the information described in paragraph (3) of this subsection (c) to all customers within one business day of the authorization of a switch. | |
(5) An alternative gas supplier engaging in |
| door‑to‑door solicitation of consumers shall provide the information described in paragraph (3) of this subsection (c) during all door‑to‑door solicitations that result in a customer deciding to switch their supplier. | |
(d) Customer Authorization. An alternative gas supplier |
| shall not submit or execute a change in a customer's selection of a natural gas provider unless and until (i) the alternative gas supplier first discloses all material terms and conditions of the offer to the customer; (ii) the alternative gas supplier has obtained the customer's express agreement to accept the offer after the disclosure of all material terms and conditions of the offer; and (iii) the alternative gas supplier has confirmed the request for a change in accordance with one of the following procedures: | |
(1) The alternative gas supplier has obtained the |
| customer's written or electronically signed authorization in a form that meets the following requirements: | |
(A) An alternative gas supplier shall obtain any |
| necessary written or electronically signed authorization from a customer for a change in natural gas service by using a letter of agency as specified in this Section. Any letter of agency that does not conform with this Section is invalid. | |
(B) The letter of agency shall be a separate |
| document (or an easily separable document containing only the authorization language described in item (E) of this paragraph (1)) whose sole purpose is to authorize a natural gas provider change. The letter of agency must be signed and dated by the customer requesting the natural gas provider change. | |
(C) The letter of agency shall not be combined |
| with inducements of any kind on the same document. | |
(D) Notwithstanding items (A) and (B) of this |
| paragraph (1), the letter of agency may be combined with checks that contain only the required letter of agency language prescribed in item (E) of this paragraph (1) and the necessary information to make the check a negotiable instrument. The letter of agency check shall not contain any promotional language or material. The letter of agency check shall contain in easily readable, bold face type on the face of the check, a notice that the consumer is authorizing a natural gas provider change by signing the check. The letter of agency language also shall be placed near the signature line on the back of the check. | |
(E) At a minimum, the letter of agency must be |
| printed with a print of sufficient size to be clearly legible, and must contain clear and unambiguous language that confirms: | |
(i) the customer's billing name and address;
(ii) the decision to change the natural gas |
| provider from the current provider to the prospective alternative gas supplier; | |
(iii) the terms, conditions, and nature of |
| the service to be provided to the customer, including, but not limited to, the rates for the service contracted for by the customer; and | |
(iv) that the customer understands that any |
| natural gas provider selection the customer chooses may involve a charge to the customer for changing the customer's natural gas provider. | |
(F) Letters of agency shall not suggest or |
| require that a customer take some action in order to retain the customer's current natural gas provider. | |
(G) If any portion of a letter of agency is |
| translated into another language, then all portions of the letter of agency must be translated into that language. | |
(2) An appropriately qualified independent third |
| party has obtained, in accordance with the procedures set forth in this paragraph (2), the customer's oral authorization to change natural gas providers that confirms and includes appropriate verification data. The independent third party must (i) not be owned, managed, controlled, or directed by the alternative gas supplier or the alternative gas supplier's marketing agent; (ii) not have any financial incentive to confirm provider change requests for the alternative gas supplier or the alternative gas supplier's marketing agent; and (iii) operate in a location physically separate from the alternative gas supplier or the alternative gas supplier's marketing agent. Automated third‑party verification systems and 3‑way conference calls may be used for verification purposes so long as the other requirements of this paragraph (2) are satisfied. A alternative gas supplier or alternative gas supplier's sales representative initiating a 3‑way conference call or a call through an automated verification system must drop off the call once the 3‑way connection has been established. All third‑party verification methods shall elicit, at a minimum, the following information: | |
(A) the identity of the customer;
(B) confirmation that the person on the call is |
| authorized to make the provider change; | |
(C) confirmation that the person on the call |
| wants to make the provider change; | |
(D) the names of the providers affected by the |
|
(E) the service address of the service to be |
|
(F) the price of the service to be provided and |
| the material terms and conditions of the service being offered, including whether any early termination fees apply. | |
Third‑party verifiers may not market the alternative |
| gas supplier's services. All third‑party verifications shall be conducted in the same language that was used in the underlying sales transaction and shall be recorded in their entirety. Submitting alternative gas suppliers shall maintain and preserve audio records of verification of customer authorization for a minimum period of 2 years after obtaining the verification. Automated systems must provide customers with an option to speak with a live person at any time during the call. | |
(3) The alternative gas supplier has obtained the |
| customer's electronic authorization to change in natural gas service via telephone. Such authorization must elicit the information in paragraph (2)(A) through (F) of this subsection (d). Alternative gas suppliers electing to confirm sales electronically shall establish one or more toll‑free telephone numbers exclusively for that purpose. Calls to the number or numbers shall will connect a customer to a voice response unit, or similar mechanism, that makes a date‑stamped, time‑stamped recording of the required information regarding the alternative gas supplier change. | |
The alternative gas supplier shall not use such |
| electronic authorization systems to market its services. | |
(4) When a consumer initiates the call to the |
| prospective alternative gas supplier, in order to enroll the consumer as a customer, the prospective alternative gas supplier must, with the consent of the customer, make a date‑stamped, time‑stamped audio recording that elicits, at a minimum, the following information: | |
(A) the identity of the customer;
(B) confirmation that the person on the call is |
| authorized to make the provider change; | |
(C) confirmation that the person on the call |
| wants to make the provider change; | |
(D) the names of the providers affected by the |
|
(E) the service address of the service to be |
|
(F) the price of the service to be supplied and |
| the material terms and conditions of the service being offered, including whether any early termination fees apply. | |
Submitting alternative gas suppliers shall maintain |
| and preserve the audio records containing the information set forth above for a minimum period of 2 years. | |
(5) In the event that a customer enrolls for service |
| from an alternative gas supplier via an Internet website, the alternative gas supplier shall obtain an electronically signed letter of agency in accordance with paragraph (1) of this subsection (d) and any customer information shall be protected in accordance with all applicable statutes and rules. In addition, an alternative gas supplier shall provide the following when marketing via an Internet website: | |
(A) The Internet enrollment website shall, at a |
|
(i) a copy of the alternative gas supplier's |
| customer contract, which clearly and conspicuously discloses all terms and conditions; and | |
(ii) a conspicuous prompt for the customer to |
| print or save a copy of the contract. | |
(B) Any electronic version of the contract shall |
| be identified by version number, in order to ensure the ability to verify the particular contract to which the customer assents. | |
(C) Throughout the duration of the alternative |
| gas supplier's contract with a customer, the alternative gas supplier shall retain and, within 3 business days of the customer's request, provide to the customer an e‑mail, paper, or facsimile of the terms and conditions of the numbered contract version to which the customer assents. | |
(D) The alternative gas supplier shall provide a |
| mechanism by which both the submission and receipt of the electronic letter of agency are recorded by time and date. | |
(E) After the customer completes the electronic |
| letter of agency, the alternative gas supplier shall disclose conspicuously through its website that the customer has been enrolled and the alternative gas supplier shall provide the customer an enrollment confirmation number. | |
(6) When a customer is solicited in person by the |
| alternative gas supplier's sales agent, the alternative gas supplier may only obtain the customer's authorization to change natural gas service through the method provided for in paragraph (2) of this subsection (d). | |
Alternative gas suppliers must be in compliance with the provisions of this subsection (d) within 90 days after the effective date of this amendatory Act of the 95th General Assembly.
(e) Early Termination.
(1) Any agreement that contains an early termination |
| clause shall disclose the amount of the early termination fee, provided that any early termination fee or penalty shall not exceed $50 total, regardless of whether or not the agreement is a multiyear agreement. | |
(2) In any agreement that contains an early |
| termination clause, an alternative gas supplier shall provide the customer the opportunity to terminate the agreement without any termination fee or penalty within 10 business days after the date of the first bill issued to the customer for products or services provided by the alternative gas supplier. The agreement shall disclose the opportunity and provide a toll‑free phone number that the customer may call in order to terminate the agreement. | |
(f) The alternative gas supplier shall provide each |
| customer the opportunity to rescind its agreement without penalty within 10 business days after the date on the gas utility notice to the customer. The alternative gas supplier shall disclose to the customer all of the following: | |
(1) that the gas utility shall send a notice |
|
(2) that from the date the utility issues the notice |
| confirming the switch, the customer shall have 10 business days before the switch will become effective; | |
(3) that the customer may contact the gas utility or |
| the alternative gas supplier to rescind the switch within 10 business days; and | |
(4) the contact information for the gas utility and |
| the alternative gas supplier. | |
The alternative gas supplier disclosure shall be included |
| in its sales solicitations, contracts, and all applicable sales verification scripts. | |
(g) The provisions of this Section shall apply only to |
| alternative gas suppliers serving or seeking to serve residential and small commercial customers and only to the extent such alternative gas suppliers provide services to residential and small commercial customers. | |
(Source: P.A. 95‑1051, eff. 4‑10‑09.) |
(815 ILCS 505/2HHH)
Sec. 2HHH.
Authorization and verification for product and service charges to be billed on a telephone bill.
(a) Definitions. For purposes of this Section:
"Billing agent" means any entity that submits charges to the billing carrier on behalf of itself or any service provider.
"Billing carrier" means any telecommunications carrier, as defined in Section 13‑202 of the Public Utilities Act, that issues a bill directly to a customer for any product or service not provided by a telecommunications carrier.
"Service provider" means any entity that offers a product or service to a consumer and that directly or indirectly charges to or collects from a consumer's bill received from a billing carrier an amount for the product or service.
(b) This Section does not apply to the provision of services and products by a telecommunications carrier subject to the provisions of Section 13‑903 of the Public Utilities Act, by a telecommunications carrier's affiliates, or an affiliated cable or video provider, as that term is defined in Section 22‑501 of the Public Utilities Act, or by a provider of public mobile services, as defined in Section 13‑214 of the Public Utilities Act.
(c) Requirements for submitting charges.
(1) A service provider or billing agent may submit
| charges for a product or service to be billed on a consumer's telephone bill on or after the effective date of this amendatory Act of the 96th General Assembly only if: | |
(A) the service provider offering the product or |
| service has clearly and conspicuously disclosed all material terms and conditions of the product or service being offered, including, but not limited to, all charges; and the fact that the charges for the product or service shall appear on the consumer's telephone bill; | |
(B) after the clear and conspicuous disclosure of |
| all material terms and conditions as described in paragraph (A) of this item (1), the consumer has expressly consented to obtain the product or service offered and to have the charges appear on the consumer's telephone bill and the consent has been verified as provided in item (2) of this subsection (c); | |
(C) the service provider offering the product or |
| service or any billing agent for the service provider has provided the consumer with a toll‑free telephone number the consumer may call and an address to which the consumer may write to resolve any billing dispute and to answer questions; and | |
(D) the service provider offering the product or |
| service or the billing agent has taken effective steps to determine that the consumer who purportedly consented to obtain the product or service offered is authorized to incur charges for the telephone number to be billed. | |
(2) The consumer consent required by item (1) of this |
| subsection (c) must be verified by the service provider offering the product or service before any charges are submitted for billing on a consumer's telephone bill. A record of the consumer consent and verification must be maintained by the service provider offering the product or service for a period of at least 24 months immediately after the consent and verification have been obtained. The method of obtaining consumer consent and verification must include one or more of the following: | |
(A) A writing signed and dated by the consumer to |
| be billed that clearly and conspicuously discloses the material terms and conditions of the product or service being offered in accordance with paragraph (A) of item (1) of this subsection (c) and clearly and conspicuously states that the consumer expressly consents to be billed in accordance with paragraph (B) of item (1) of this subsection (c) as follows: | |
(i) if the writing is in electronic form, |
| then it shall contain the consumer disclosures required by Section 101(c) of the federal Electronic Signatures in Global and National Commerce Act; and | |
(ii) the writing shall be a separate document |
| or easily separable document or located on a separate screen or webpage containing only the disclosures and consent described in item (1) of this subsection (c). | |
(B) Third party verification by an independent |
|
(i) clearly and conspicuously discloses to |
| the consumer to be billed all of the information required by paragraph (A) of item (1) of this subsection (c); | |
(ii) operates from a facility physically |
| separate from that of the service provider offering the product or service; | |
(iii) is not directly or indirectly managed, |
| controlled, directed, or owned wholly or in part by the service provider offering the product or service; | |
(iv) does not derive commissions or |
| compensation based upon the number of sales confirmed; | |
(v) tape records the entire verification |
| process, with prior consent of the consumer to be billed; and | |
(vi) obtains confirmation from the consumer |
| to be billed that he or she authorized the purchase of the offered good or service. | |
(C) All verifications must be conducted in the |
| same language that was used in the underlying sales transaction. | |
(3) Unless verification is required by federal law or |
| rules implementing federal law, item (2) of this subsection (c) does not apply to customer‑initiated transactions with a certificated telecommunications carrier for which the service provider has the appropriate documentation. | |
(4) This Section does not apply to message |
| telecommunications service charges that are initiated by dialing 1+, 0+, 0‑, 1010XXX, or collect calls and charges for video services if the service provider has the necessary records to establish the billing for the call or service. | |
(d) Records of disputed charges.
(1) Every service provider or billing agent shall |
| maintain records of every disputed charge for a product or service placed on a consumer's bill. | |
(2) The record required under this subsection (d) |
| shall contain for every disputed charge all of the following: | |
(A) any affected telephone numbers and, if |
|
(B) the date the consumer requested that the |
| disputed charge be removed from the consumer's bill; | |
(C) the date the disputed charge was removed from |
| the consumer's telephone bill; and | |
(D) the date action was taken to refund or credit |
| to the consumer any money that the consumer paid for the disputed charges. | |
(3) The record required by this subsection (d) shall |
| be maintained for at least 24 months. | |
(e) Billing agents shall take reasonable steps designed to ensure that service providers on whose behalf they submit charges to a billing carrier comply with the requirements of this Section.
(f) Any service provider or billing agent who violates |
| this Section commits an unlawful practice within the meaning of this Act. | |
(Source: P.A. 96‑827, eff. 11‑30‑09.) |