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Rep. Lou Lang
Filed: 3/14/2012
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1 | | AMENDMENT TO HOUSE BILL 5016
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2 | | AMENDMENT NO. ______. Amend House Bill 5016, AS AMENDED, by |
3 | | replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 5. The Collection Agency Act is amended by |
6 | | changing Section 2 and by adding Sections 8.5 and 8.6 as |
7 | | follows:
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8 | | (225 ILCS 425/2) (from Ch. 111, par. 2002)
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9 | | (Section scheduled to be repealed on January 1, 2016)
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10 | | Sec. 2. Definitions. In this Act:
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11 | | "Charge-off balance" means an account principal and other |
12 | | legally collectible costs, expenses, and interest accrued |
13 | | prior to the charge-off date, less any payments or settlement. |
14 | | "Charge-off date" means the date on which a receivable is |
15 | | treated as a loss or expense. |
16 | | "Consumer credit transaction" means a transaction between |
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1 | | a natural person and another person in which property, service, |
2 | | or money is acquired on credit by that natural person from such |
3 | | other person primarily for personal, family, or household |
4 | | purposes. |
5 | | "Consumer debt" or "consumer credit" means money, |
6 | | property, or their equivalent, due or owing or alleged to be |
7 | | due or owing from a natural person by reason of a consumer |
8 | | credit transaction. |
9 | | "Creditor" means a person who extends consumer credit to a |
10 | | debtor. |
11 | | "Current balance" means the charge-off balance plus any |
12 | | legally collectible costs, expenses, and interest, less any |
13 | | credits or payments. |
14 | | "Debt" means money, property, or their equivalent which is |
15 | | due or owing or alleged to be due or owing from a natural |
16 | | person to another person. |
17 | | "Debt buyer" means any person engaging in, or holding |
18 | | itself out as engaging in, the business of purchasing accounts |
19 | | for value and acquiring all rights in and ownership of a debt. |
20 | | "Debt collection" means any act or practice in connection |
21 | | with the collection of consumer debts. |
22 | | "Debt collector", "collection agency", or "agency" means |
23 | | any person who, in the ordinary course of business, regularly, |
24 | | on behalf of himself or herself or others, engages in debt |
25 | | collection. |
26 | | "Debtor" means a natural person from whom a debt collector |
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1 | | seeks to collect a consumer debt that is due and owing or |
2 | | alleged to be due and owing from such person. |
3 | | "Department" means Division of Professional Regulation |
4 | | within the Department of Financial and Professional |
5 | | Regulation. |
6 | | "Director" means the Director of the Division of |
7 | | Professional Regulation within the Department of Financial and |
8 | | Professional Regulation. |
9 | | "Person" means a natural person, partnership, corporation, |
10 | | limited liability company, trust, estate, cooperative, |
11 | | association, or other similar entity.
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12 | | (Source: P.A. 95-437, eff. 1-1-08.)
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13 | | (225 ILCS 425/8.5 new) |
14 | | Sec. 8.5. Debt buyers. A debt buyer shall be subject to all |
15 | | of the terms, conditions, and requirements of this Act, except |
16 | | for subsection (b) of Section 8.6 of this Act.
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17 | | (225 ILCS 425/8.6 new) |
18 | | Sec. 8.6. Debt buyer activities. |
19 | | (a) Debt buyers initiating actions upon an obligation |
20 | | arising out of a consumer debt shall be commenced within the |
21 | | applicable statute of limitations period. |
22 | | (b) With respect to its activities as a debt buyer in |
23 | | pursuing the collection of accounts it owns, a debt buyer shall |
24 | | be subject to all of the terms, conditions, and requirements of |
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1 | | this Act, except that a debt buyer shall not be required to (i) |
2 | | file and maintain in force a surety bond under Section 8 of |
3 | | this Act; (ii) maintain a trust account under Section 8c of |
4 | | this Act; (iii) procure written authorization to refer the |
5 | | account to an attorney for suit under Section 8a-1 of this Act; |
6 | | or (iv) adhere to the assignment for collection criteria under |
7 | | Section 8b of this Act. |
8 | | (c) The Attorney General may enforce against debt buyers |
9 | | the provisions identified in Section 9.7 of this Act as an |
10 | | unlawful practice under the Consumer Fraud and Deceptive |
11 | | Business Practices Act.
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12 | | Section 99. Effective date. This Act takes effect January |
13 | | 1, 2013.".
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