Bill Text: IL SB2090 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that service providers, insurance companies, and third-party administrators working on advanced driving assistance systems or assuming responsibility for repairs to advanced driving assistance systems shall comply with specified requirements. Provides that any person who violates the provisions commits an unlawful practice within the meaning of the Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-09 - Referred to Assignments [SB2090 Detail]

Download: Illinois-2023-SB2090-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2090 Introduced 2/9/2023, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
815 ILCS 505/2BBBB new
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that service providers, insurance companies, and third-party administrators working on advanced driving assistance systems or assuming responsibility for repairs to advanced driving assistance systems shall comply with specified requirements. Provides that any person who violates the provisions commits an unlawful practice within the meaning of the Act.
LRB103 28490 SPS 54871 b
A BILL FOR
SB2090 LRB103 28490 SPS 54871 b
AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2BBBB as follows:
(815 ILCS 505/2BBBB new)
Sec. 2BBBB. Advanced driving assistance system repair.
(a) As used in this Section:
"Advanced driving assistance systems" or "ADAS" includes
technologies that provide driver support, such as adaptive
cruise control, lane departure warnings, parking assistance,
and surround view cameras or attempt to prevent collisions,
such as automatic emergency braking, forward collision
warning, blind spot detection, and pedestrian detection.
"Advanced driving assistance system" includes systems that use
cameras, radar, light detection and ranging technology,
vehicle-to-everything communication, global positioning
systems, and mapping data.
"ADAS calibration" means the precise physical alignment,
testing, and electronic aiming of sensors that collect data to
inform the vehicle's advanced driver assistance systems.
"Original equipment manufacturer" means a company that
manufactures and sells products to a buyer that the buyer then

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sells under the buyer's own branding.
"Service provider" means an automotive repair shop, body
shop, mechanic, windshield installer, or any other entity that
repairs and calibrates advanced driving assistance systems.
"Third party" means a third-party administrator acting on
behalf of an insurance company or another entity who assumes
responsibility for needed repairs to advanced driving
assistance systems.
(b) A service provider working on advanced driving
assistance systems shall comply with the following
requirements:
(1) Any service provider who provides or claims to
provide ADAS calibration services shall have at least one
technician who has completed an ADAS training course
provided by an outside, independent source designated by
the Department or the calibration system's manufacturer. A
service provider shall submit proof of the successful
completion of such training to the Department of Labor for
verification.
(2) If a vehicle that is expected to have ADAS
calibration performed on it in conjunction with other
services is unable to be calibrated, the service provider
shall inform the customer, both verbally and in writing,
that the vehicle's safety systems are not fully
functional, and that although drivable, coordination must
be done to have the repair completed by a dealership or

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other next level repair facility.
(3) If a service provider uses aftermarket parts that
could affect a vehicle's ADAS systems, or that have the
possibility of voiding a consumer's warranty, the customer
shall be informed in writing and given the option of using
the original equipment manufacturer's parts with
additional cost.
(4) Service providers shall not perform work that
contradicts the manufacturer's requirements in relation to
ADAS features. If a service provider deviates from a
manufacturer's recommended procedures, the customer shall
be informed in writing.
(5) If a service provider does not have the ability to
calibrate ADAS systems that are related to work the
service provider normally performs, the service provider
shall be permitted to subcontract the calibration to an
outside provider.
(c) An insurance company or third-party administrator that
assumes responsibility for repairs to advanced driving
assistance systems shall comply with the following
requirements:
(1) If a service provider remains unpaid or short paid
by a third party for more than 30 days after the completion
of service, the vehicle owner shall remain responsible for
the balance including any late fees.
(2) No third parties shall require that a service

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provider bill them directly in order for them to pay for
items and services covered under insurance or other
agreements. A customer shall maintain the right to pay and
be reimbursed by a third party in a timely fashion, by
submitting a paid invoice as proof of service.
(3) Third parties shall not maintain billing practices
that intentionally create difficulties and complexities
that may allow them to hold payments for unreasonable
amounts of time and shall not charge late fees once that
third party has accepted an offer to pay on behalf of the
customer.
(4) Third parties shall not force a customer to accept
any product or service that may void a manufacturer's
warranty by threatening not to pay for the service.
(5) Third parties shall not orally, or in writing,
attempt to influence, recommend, or deter a customer from
choosing a specific service provider. Third parties shall
not make statements that call into question a service
provider's quality, warranty, or ability.
(6) Third parties shall not have a conflict of
interest by also being involved, or having a partnership
with, companies providing service to advanced driving
assistance systems.
(7) Third parties shall not demand to pay less than
the listed price for an item that has been given that value
by a manufacturer, wholesaler, dealer, or independent

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industry benchmark calculator. The issuance of discounts
for these pricing benchmarks are at the discretion of the
service providers.
(8) Third parties shall not dictate a service
provider's labor rate. A service provider shall not charge
a labor rate which is grossly inconsistent with that
charged to other payers.
(9) Third parties shall have the right to know a
service provider's acquisition price for a part. This
information is permitted to be shared for items that have
no list price when justification is needed for
circumstances beyond normal guidelines.
(10) Third parties shall not dictate what brand a
service provider must use in completing service on
advanced driving assistance systems.
(11) Service providers and third parties have the
right to negotiate offer and acceptance agreements in
order to facilitate the ease of billing and amicable
relationships as long as it does not violate the
provisions described in paragraph (5). If no long-term
agreement is in place, the provisions of this paragraph
shall apply on a case-by-case basis.
(12) No insurance provider or its representative shall
issue a policy that does not cover the full cost of
properly repairing an ADAS-equipped vehicle without
expressly informing the client in both oral and written

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form.
(13) Any insurance provider with active policies that
do not cover the full cost of repairing an ADAS-equipped
system must notify its customers in writing after the
effective date of this amendatory Act of the 103rd General
Assembly.
(d) Any person who violates this Section commits an
unlawful practice within the meaning of this Act.