This Act shall be known and may be cited as the "Credit Services Organizations Act"
This Act shall be known and may be cited as the "Credit Services Organizations Act". (Source: P.A. 85-1384.)
Illinois · statute · 815 ILCS 605 · 15 active provisions
This Act shall be known and may be cited as the "Credit Services Organizations Act". (Source: P.A. 85-1384.)
The General Assembly finds and declares that: (a) The ability to obtain and use credit has become of great importance to consumers who have a vital interest in establishing and maintaining their credit worthiness and credit standing. As a result, consumers who have experienced credit problems may seek assistance from c…
As used in this Act: (a) "Buyer" means an individual who is solicited to purchase or who purchases the services of a credit services organization. (b) "Consumer reporting agency" has the meaning assigned by Section 603(f), Fair Credit Reporting Act (15 U.S.C. Section 1681a(f)). (c) "Extension of Credit" means the right…
In construing this Act consideration shall be given to the interpretations of the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.). (Source: P.A. 85-1384.)
No credit services organization, its salespersons, agents or representatives, or any independent contractor who sells or attempts to sell the services of a credit services organization shall: (1) Charge or receive any money or other valuable consideration prior to full and complete performance of the services the credi…
Before the execution of a contract or other form of agreement between a buyer and a credit services organization or before the receipt by any such organization of money or other valuable consideration, whichever occurs first, such organization shall provide the buyer with a statement, in writing, containing the followi…
Any contract for services which does not comply with applicable provisions of this article shall be void and unenforceable as contrary to public policy. Any waiver by a buyer of the provisions of this Act shall be deemed void and unenforceable by a credit services organization as contrary to public policy. Any attempt…
(a) A credit services organization shall file a registration statement with the Secretary of State before conducting business in this State. The registration statement shall contain: (1) the name and address of the credit services organization; (2) the name and address of the registered agent authorized to accept servi…
If a credit services organization is required to obtain a surety bond pursuant to paragraph (1) of Section 5 of this Act, the following procedures shall be applicable: (a) If a bond is obtained, a copy of it shall be filed with the Office of the Secretary of State. (b) The required bond shall be in favor of the State o…
Any person injured by a violation of this Act or by the credit services organization's breach of a contract entered into pursuant to Section 7 of this Act, may bring any action for recovery of actual damages. Such person may also be awarded punitive damages, reasonable attorney's fees and court costs. (Source: P.A. 85-…
A. The Attorney General, the State's Attorney of any county, or a buyer may bring an action in a circuit court to enjoin a violation of this Act. In addition to any injunction, the Attorney General or any State's Attorney or any county, in the name of the People of the State of Illinois, may seek to recover damages pur…
Any person, as defined under this Act, violating any provision of this Act except breach of contract, upon conviction for the first offense, is guilty of a Class A misdemeanor. Upon conviction of a second or subsequent offense the violator is guilty of a Class 4 felony. (Source: P.A. 85-1384.)
In an action under this Act the burden of proving an exemption under paragraph (d) of Section 3 is on the person claiming the exemption. (Source: P.A. 85-1384.)
The remedies provided by this Act are in addition to other remedies provided by law. A violation of this Act shall also constitute a violation of the Consumer Fraud and Deceptive Business Practices Act. (Source: P.A. 85-1384.)
This Act shall be liberally construed to effect the purposes thereof. (Source: P.A. 85-1384.)