95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1564


 
Introduced 2/22/2007, by Rep. Eddie Washington
 
SYNOPSIS AS INTRODUCED:
 		













815 ILCS 505/2ZZ new










    Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that a payment owed by a consumer is deemed paid as of the post office cancellation date stamped on the envelope or other cover in which the payment is mailed, regardless of when the payment is received, and no additional fee, penalty, or interest may be imposed by any person on any consumer whose payment is delivered by United States mail if the post office cancellation date stamped on the envelope or other cover containing the payment falls within the prescribed period or on or before the prescribed date for making the payment. Provides that a person  who imposes or attempts to impose a fee, penalty, or interest charge in violation of  the new provisions commits an unlawful practice within the meaning of the Act.
















LRB095 08304 LCT 28476 b

















 


 


A BILL FOR









 











HB1564

LRB095 08304 LCT 28476 b






1
    AN ACT concerning business.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Consumer Fraud and Deceptive Business 
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Practices Act is amended  by adding Section 2ZZ as follows:
 
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    (815 ILCS 505/2ZZ new)

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    Sec. 2ZZ. Postmark date; payments. 
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(1) A payment owed by a consumer is deemed paid as of the date 
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shown by the post office cancellation mark stamped on the 
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envelope or other wrapper containing it, regardless of when the 
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payment is received. No additional fee, penalty, or interest 
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may be imposed by any person on any consumer whose payment is 
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delivered by United States mail if the post office cancellation 
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date on the envelope or other wrapper containing the payment 
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falls within the prescribed period or on or before the 
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prescribed date for making the payment. 
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(2) If mailed but not received or received but without a 
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cancellation mark or with the cancellation mark illegible or 
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erroneous, the payment shall be deemed paid on the date it was 
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mailed, but only if the sender establishes by competent 
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evidence that the writing or payment was deposited, properly 
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addressed, in the United States mail on or before the date on 
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which it was due.  
 


 






HB1564
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LRB095 08304 LCT 28476 b




1
A person  who imposes or attempts to impose a fee, penalty, or 
2
interest charge in violation of  this Section commits an 
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unlawful practice within the meaning of this Act.