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| | HB1527 Engrossed | | LRB103 26005 HEP 52359 b |
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1 | | AN ACT concerning transportation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Vehicle Code is amended by adding |
5 | | Sections 1-115.08, 12-614, and 12-615 as follows:
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6 | | (625 ILCS 5/1-115.08 new) |
7 | | Sec. 1-115.08. Disablement technology. Any instrument, |
8 | | device, machine, or equipment, whether software or hardware, |
9 | | that can be used to disable the starter of a motor vehicle, |
10 | | prevent fuel from flowing to the engine, prevent electricity |
11 | | from flowing to the engine, or otherwise prevent the vehicle |
12 | | from being started or driven by a person.
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13 | | (625 ILCS 5/12-614 new) |
14 | | Sec. 12-614. Disablement technology, prohibited uses. |
15 | | (a) Disablement technology shall not be used as an aid to |
16 | | the physical retrieval of a vehicle as part of repossession or |
17 | | as a consequence for nonpayment under a retail installment |
18 | | contract or other instrument. |
19 | | (b) A motor vehicle dealer or retail seller as defined by |
20 | | the Motor Vehicle Retail Installment Sales Act, or an |
21 | | individual or entity that offers loans to finance the purchase |
22 | | of motor vehicles, or an assignee or successor in interest, |
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1 | | shall not: |
2 | | (1) Condition the sale or any term of sale of a motor |
3 | | vehicle on a consumer's agreement to allow the dealer or |
4 | | seller to install or use disablement technology, or impose |
5 | | the installation or use of disablement technology as a |
6 | | consequence for nonpayment of a retail installment |
7 | | contract or other instrument. |
8 | | (2) Install or use disablement technology in a motor |
9 | | vehicle except as provided in Section 12-615. |
10 | | (c) The installation or use of disablement technology in |
11 | | violation of this Section is an unlawful practice within the |
12 | | meaning of the Consumer Fraud and Deceptive Business Practices |
13 | | Act. |
14 | | (d) Unless otherwise authorized by this Code, the |
15 | | activation of disablement technology in a motor vehicle for |
16 | | any length of time by any motor vehicle dealer or holder of a |
17 | | retail installment contract or other similar instrument is |
18 | | prohibited. Any consumer whose vehicle is subject to the |
19 | | activation of disablement technology may bring an action |
20 | | against an activating person or entity for damages of $1,000 |
21 | | per month per violation plus actual damages and attorney's |
22 | | fees. In addition, such activation constitutes a form of |
23 | | repossession of the motor vehicle under Section 9-601 of the |
24 | | Uniform Commercial Code, and all rights, requirements, |
25 | | protections, and remedies provided under the Uniform |
26 | | Commercial Code for the repossession of collateral apply.
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1 | | (625 ILCS 5/12-615 new) |
2 | | Sec. 12-615. Disablement technology, antitheft. |
3 | | (a) Disablement technology may be offered for sale or sold |
4 | | only for antitheft purposes, either on its own or for an |
5 | | additional fee in connection with the purchase of a motor |
6 | | vehicle. Any motor vehicle dealer that sells a motor vehicle |
7 | | containing disablement technology shall: |
8 | | (1) identify through a clear and conspicuous written |
9 | | and oral disclosure provided separately to the consumer in |
10 | | advance of any sale or execution of any loan agreement for |
11 | | a motor vehicle: |
12 | | (i) the existence of the disablement technology in |
13 | | the motor vehicle, or the intent to install it, or have |
14 | | it installed by a third party; |
15 | | (ii) the brand name and model of the disablement |
16 | | technology installed or to be installed in the |
17 | | vehicle; |
18 | | (iii) a statement that the disablement technology |
19 | | will not be used or activated by the motor vehicle |
20 | | dealer, lender, or any other party as part of a |
21 | | repossession or as a consequence for nonpayment of a |
22 | | retail installment contract or similar agreement; and |
23 | | (iv) the type or types of data related to the |
24 | | consumer or the consumer's use of the motor vehicle |
25 | | generated, stored by, or transmitted through the |
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1 | | disablement technology; |
2 | | (2) provide clear and conspicuous written instructions |
3 | | to the consumer about the operation of the disablement |
4 | | technology, including how to activate and deactivate the |
5 | | technology, as well as any global positioning system or |
6 | | other tracking features the particular type of disablement |
7 | | technology may support; |
8 | | (3) take reasonable steps to ensure, prior to sale, |
9 | | that the consumer has sufficient technological means of |
10 | | operating the disablement technology, such as routine |
11 | | access to a computer with Internet access, if necessary; |
12 | | and |
13 | | (4) take no steps that would prevent or limit a |
14 | | consumer's ability to operate the disablement technology, |
15 | | including any global positioning system or other tracking |
16 | | features. |
17 | | (b) The consumer must provide express, written consent |
18 | | before the installation, activation, or use of the disablement |
19 | | technology. |
20 | | (c) A motor vehicle dealer shall not rescind an offer to |
21 | | sell a vehicle to a consumer solely because the consumer |
22 | | refuses to purchase disablement technology or otherwise allow |
23 | | disablement technology to be installed on the vehicle. |
24 | | (d) Any motor vehicle dealer that sells a motor vehicle |
25 | | with disablement technology shall provide customer support via |
26 | | telephone and email for the disablement technology. At least |
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1 | | one staff person must be available during the dealer's regular |
2 | | business hours to answer questions and troubleshoot the |
3 | | operation of the technology with the consumer. |
4 | | (e) Data generated or stored by disablement technology as |
5 | | the result of a consumer's vehicle usage is the personal |
6 | | property of the consumer, and the consumer is entitled to all |
7 | | profits and other benefits flowing from the sharing or sale of |
8 | | this data. |
9 | | (f) Data generated or stored by disablement technology |
10 | | that is installed in a consumer's vehicle, and data |
11 | | transmitted by or through the disablement technology that |
12 | | relates to the consumer or the consumer's use of a motor |
13 | | vehicle, may not be sold or otherwise shared with any third |
14 | | parties except as required by federal, State, or local law, or |
15 | | required by court order. An entity required to make a |
16 | | disclosure to a third party under federal, State, or local |
17 | | law, or by court order, shall make a reasonable effort to |
18 | | provide the consumer with timely, written notice of the |
19 | | required disclosure prior to making such a third-party |
20 | | disclosure.
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21 | | Section 10. The Consumer Fraud and Deceptive Business |
22 | | Practices Act is amended by changing Section 2Z as follows:
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23 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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24 | | Sec. 2Z. Violations of other Acts. Any person who |
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1 | | knowingly violates
the Automotive Repair Act, the Automotive |
2 | | Collision Repair Act,
the Home Repair and Remodeling Act,
the |
3 | | Dance Studio Act,
the Physical Fitness Services Act,
the |
4 | | Hearing Instrument Consumer Protection Act,
the Illinois Union |
5 | | Label Act, the Installment Sales Contract Act,
the Job |
6 | | Referral and Job Listing Services Consumer Protection Act,
the |
7 | | Travel Promotion Consumer Protection Act,
the Credit Services |
8 | | Organizations Act,
the Automatic Telephone Dialers Act,
the |
9 | | Pay-Per-Call Services Consumer Protection Act,
the Telephone |
10 | | Solicitations Act,
the Illinois Funeral or Burial Funds Act,
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11 | | the Cemetery Oversight Act, the Cemetery Care Act,
the Safe |
12 | | and Hygienic Bed Act,
the Illinois Pre-Need Cemetery Sales |
13 | | Act,
the High Risk Home Loan Act, the Payday Loan Reform Act, |
14 | | the Predatory Loan Prevention Act, the Mortgage Rescue Fraud |
15 | | Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax |
16 | | Act, subsection
(a) or (b) of Section 3-10 of the Cigarette Use |
17 | | Tax Act, the Electronic
Mail Act, the Internet Caller |
18 | | Identification Act, paragraph (6)
of
subsection (k) of Section |
19 | | 6-305 of the Illinois Vehicle Code, Section 11-1431, 12-614, |
20 | | 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the |
21 | | Illinois Vehicle Code, Article 3 of the Residential Real |
22 | | Property Disclosure Act, the Automatic Contract Renewal Act, |
23 | | the Reverse Mortgage Act, Section 25 of the Youth Mental |
24 | | Health Protection Act, the Personal Information Protection |
25 | | Act, or the Student Online Personal Protection Act commits an |
26 | | unlawful practice within the meaning of this Act.
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