98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2686
 
Introduced 2/21/2013, by Rep. Frances Ann Hurley
 
SYNOPSIS AS INTRODUCED:
 

 
815 ILCS 505/2HHH

     Amends the Consumer Fraud and Deceptive Business Practices Act. Expands the scope of the prohibition on third-party vendor billing for consumer goods or services in a manner that the charge appears on a consumer's telephone bill to include goods or services billed by or through a provider of wireless services. Effective immediately.
  


LRB098 08135 JLS 38226 b

 
 
A BILL FOR
 

  
HB2686LRB098 08135 JLS 38226 b


  
1    AN ACT concerning business.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Consumer Fraud and Deceptive Business 
5Practices Act is amended  by changing Section 2HHH as follows:
 
6    (815 ILCS 505/2HHH)

7    Sec. 2HHH. Product and service charges billed on a 
8telephone bill prohibited.
9    (a) Definitions.
For purposes of this Section:
10    "Billing agent" means a person that submits charges for 
11services or goods to a telecommunications carrier on behalf of 
12a third-party vendor.
13    "Third-party vendor" means an entity not affiliated with a 
14telecommunications carrier that  sells services or goods to a 
15consumer.
16    "Telecommunications carrier" has the same meaning as 
17defined in Section 13-202 of the Public Utilities Act.
18    (b) A third-party vendor shall not bill, directly or 
19through an intermediary, a consumer for goods or services, 
20including goods or services billed by or through a provider of 
21wireless services, that will appear as a charge on a consumer's 
22telephone bill.
23    (c) A billing agent, on behalf of a third-party vendor, 
 
 
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1shall not submit, directly or through an intermediary, a charge 
2to a telecommunications carrier for goods or services that will 
3appear as a charge on a consumer's telephone bill.
4    (d) Any person who violates this Section commits an 
5unlawful practice within the meaning of this Act.
6    (e)  This Section does not apply to: 
7        (1)  services or goods provided by a telecommunications 
8    carrier subject to the provisions of Section 13-903 of the 
9    Public Utilities Act;
10        (2)  services or goods sold by any affiliate of the 
11    telecommunications carrier issuing the bill to the 
12    consumer;
13        (3)  services or goods sold by any third-party vendor 
14    that has a direct contractual arrangement for the joint or 
15    cooperative sale of such services or goods with the 
16    telecommunications carrier issuing the bill to the 
17    consumer; provided however, that the telecommunications 
18    carrier issuing the bill to the consumer shall be 
19    responsible for assuring that such services or goods are 
20    not sold without the informed authorization of the 
21    consumer;
22        (4) (blank)  wireless services, as described in Section 
23    13-804 of the Public Utilities Act and any other services 
24    or goods billed by or through a provider of wireless 
25    services;
26        (5)  message telecommunications services that are 
 
 
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1    initiated by dialing 1+, 0+, 0-,  or 1010XXX and calls that 
2    are subject to the Pay-Per-Call Services Consumer 
3    Protection Act; or
4        (6)  contributions to any charitable organization 
5    subject to Section 501(c)(3) of the Internal Revenue Code. 

6(Source: P.A. 96-827, eff. 11-30-09; 97-822, eff. 1-1-13.)
 
 
7    Section 99. Effective date. This Act takes effect upon 
8becoming law.