Bill Text: IL SB3616 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that the new provisions may be referred to as the Cell Phone Lemon Law. Provides that if, within the period of a contract for wireless telephone service, a wireless telephone sold in conjunction with a contract for wireless telephone service requires repair or replacement on 3 or more occasions, the consumer may, in lieu of having the telephone repaired or replaced on the third or subsequent occasion: choose to cancel the contract for wireless telephone service without paying any early termination fee, penalty, or charge; or elect to upgrade or downgrade the telephone in accordance with specified provisions. Requires a wireless telephone service provider to give a consumer a written statement of the consumer's rights. Provides that any repair to or replacement of a telephone that was damaged or failed to work properly as a result of some action by the consumer is not covered by the listed Section. Makes violation of the new provisions an unlawful practice within the meaning of the Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB3616 Detail]

Download: Illinois-2017-SB3616-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB3616 Introduced 5/25/2018, by Sen. Andy Manar SYNOPSIS AS INTRODUCED:
815 ILCS 505/2VVV new
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that the new provisions may be referred to as the Cell Phone Lemon Law. Provides that if, within the period of a contract for wireless telephone service, a wireless telephone sold in conjunction with a contract for wireless telephone service requires repair or replacement on 3 or more occasions, the consumer may, in lieu of having the telephone repaired or replaced on the third or subsequent occasion: choose to cancel the contract for wireless telephone service without paying any early termination fee, penalty, or charge; or elect to upgrade or downgrade the telephone in accordance with specified provisions. Requires a wireless telephone service provider to give a consumer a written statement of the consumer's rights. Provides that any repair to or replacement of a telephone that was damaged or failed to work properly as a result of some action by the consumer is not covered by the listed Section. Makes violation of the new provisions an unlawful practice within the meaning of the Act.
LRB100 22254 JLS 40904 b
A BILL FOR
SB3616 LRB100 22254 JLS 40904 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 2VVV as follows:
(815 ILCS 505/2VVV new)
Sec. 2VVV. Wireless telephones and contracts.
(a) This Section may be referred to as the Cell Phone Lemon
Law.
(b) As used in this Section:
"Wireless telephone" means a telephone that operates
without a physical wireline connection to the provider's
equipment. The term includes, but is not limited to, cellular
and mobile telephones.
"Wireless telephone service provider" includes a wireless
telephone service provider and its dealers, distributors, and
agents.
(c) This Section applies to any retail sale of a new
wireless telephone on or the effective date of this amendatory
Act of the 100th General Assembly to a consumer in this State
by a wireless telephone service provider in conjunction with a
contract for wireless telephone service.
(d) If, within the period of a contract for wireless

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telephone service, the wireless telephone sold in conjunction
with a contract for wireless telephone service requires repair
or replacement on 3 or more occasions, the consumer may, in
lieu of having the telephone repaired or replaced on the third
or subsequent occasion, choose either of the following options:
(1) The consumer may choose to cancel the contract for
wireless telephone service without paying any early
termination fee, penalty, or charge.
(2) The consumer may elect to upgrade or downgrade his
or her telephone. If the consumer chooses to upgrade his or
her telephone, then the consumer shall pay the difference
between the price of his or her current telephone and the
best promotional price of the telephone to which he or she
is upgrading. If the consumer chooses to downgrade his or
her telephone, then the consumer shall receive a credit for
the difference between the price of his or her current
telephone and the best promotional price of the telephone
to which he or she is downgrading. If the consumer chooses
the option of downgrading or upgrading his or her
telephone, the consumer must be allowed to do so without
the action automatically renewing his or her contract for
wireless telephone service or extending it. The consumer
must be allowed to change his or her telephone and continue
with his or her current contract.
(e) The wireless telephone service provider shall give a
consumer a written statement of the consumer's rights under

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this Section when a sale is made to which this Section applies.
(f) This Section does not apply to any repair to or
replacement of a telephone that was damaged or failed to work
properly as a result of some action by the consumer. The types
of damage creating an inference of consumer action include, but
are not limited to, the following: equipment showing signs of
water (or other liquid) damage; equipment showing signs of
physical impact; a scratched or broken casing; forced
components or buttons; and other external damage.
(g) This Section does not apply to the quality or lack of
services, including, but not limited to, cellular or other
subscribed services available to the consumer, contractually
agreed upon rates, and equipment compatibility issues.
(h) A person who violates this Section commits an unlawful
practice within the meaning of this Act.