Bill Text: IL HB2952 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Creates the Cellular Telephone Customer Privacy Act. Provides that, with specified exceptions, a person may not sell or disclose or offer to sell or disclose any customer proprietary network information relating to the wireless telephone service account of any resident of this State. Provides that a person who knowingly violates this Act commits an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act, and amends the Consumer Fraud and Deceptive Business Practices Act accordingly.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB2952 Detail]

Download: Illinois-2011-HB2952-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB2952 Introduced , by Rep. Jehan A. Gordon SYNOPSIS AS INTRODUCED:
New Act
815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z
Creates the Cellular Telephone Customer Privacy Act. Provides that, with specified exceptions, a person may not sell or disclose or offer to sell or disclose any customer proprietary network information relating to the wireless telephone service account of any resident of this State. Provides that a person who knowingly violates this Act commits an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act, and amends the Consumer Fraud and Deceptive Business Practices Act accordingly.
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A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Cellular Telephone Customer Privacy Act.
Section 5. Definitions. As used in this Act, unless the
context otherwise indicates, the following terms have the
following meanings:
"Customer proprietary network information" has the same
meaning as in 47 United States Code, Section 222(h)(1).
"Telecommunications carrier" has the same meaning as in 47
United States Code, Section 1153(44).
"Wireless telephone service" means any form of wireless
telephone service, including cellular telephone service,
broadband personal communications telephone service, covered
specialized mobile radio service, and any successors to such
services.
"Wireless telephone service provider" means a
telecommunications carrier that provides wireless telephone
service.
Section 10. Sale or disclosure of customer proprietary
network information.

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(a) Prohibition. A person may not sell or disclose or offer
to sell or disclose any customer proprietary network
information relating to the wireless telephone service account
of any resident of this State.
(b) Exception. The prohibition contained in subsection (a)
does not apply to a disclosure of customer proprietary network
information:
(1) authorized by:
(A) a law, regulation, or rule;
(B) an order of an agency having regulatory
authority over a wireless telephone service provider;
or
(C) the wireless telephone service account holder;
or
(2) required by a subpoena, warrant, or other lawful
process.
(c) Penalty. A person who knowingly violates this Act
commits an unlawful practice under the Consumer Fraud and
Deceptive Business Practices Act.
Section 90. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2Z as follows:
(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
Sec. 2Z. Violations of other Acts. Any person who knowingly
violates the Automotive Repair Act, the Automotive Collision

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Repair Act, the Home Repair and Remodeling Act, the Dance
Studio Act, the Physical Fitness Services Act, the Hearing
Instrument Consumer Protection Act, the Illinois Union Label
Act, the Job Referral and Job Listing Services Consumer
Protection Act, the Travel Promotion Consumer Protection Act,
the Credit Services Organizations Act, the Automatic Telephone
Dialers Act, the Pay-Per-Call Services Consumer Protection
Act, the Telephone Solicitations Act, the Illinois Funeral or
Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care
Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales
Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
the Mortgage Rescue Fraud Act, the Cellular Telephone Customer
Privacy Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Use Tax Act, the Electronic Mail Act, the Internet
Caller Identification Act, paragraph (6) of subsection (k) of
Section 6-305 of the Illinois Vehicle Code, Section 11-1431,
18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the
Illinois Vehicle Code, Article 3 of the Residential Real
Property Disclosure Act, the Automatic Contract Renewal Act, or
the Personal Information Protection Act commits an unlawful
practice within the meaning of this Act.
(Source: P.A. 95-413, eff. 1-1-08; 95-562, eff. 7-1-08; 95-876,
eff. 8-21-08; 96-863, eff. 1-19-10; 96-1369, eff. 1-1-11;
96-1376, eff. 7-29-10; revised 9-2-10.)