Chapter 225 — PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS

(225 ILCS 429/110) Sec. 110. Individualized financial analysis. (a) Prior to entering into a written contract with a consumer, a debt settlement provider shall prepare and provide to the consumer in writing and retain a copy of: (1) an individualized financial analysis, including…

(225 ILCS 429/115) Sec. 115. Required pre-sale consumer disclosures and warnings. (a) Before the consumer signs a contract, the debt settlement provider shall provide an oral and written notice to the consumer that clearly and conspicuously discloses all of the following: (1) Deb…

(225 ILCS 429/120) Sec. 120. Debt settlement contract. (a) A debt settlement provider shall not provide debt settlement service to a consumer without a written contract signed and dated by both the consumer and the debt settlement provider. (b) Any contract for the provision of d…

(225 ILCS 429/125) Sec. 125. Fees. (a) A debt settlement provider shall not charge fees of any type or receive compensation from a consumer in a type, amount, or timing other than fees or compensation permitted in this Section. (b) A debt settlement provider shall not charge or r…

(225 ILCS 429/130) Sec. 130. Consumer settlement accounts and monthly accounting. (a) A debt settlement provider who receives funds from a consumer shall hold all funds received for a consumer settlement account in a properly designated trust account in a federally insured deposi…

(225 ILCS 429/135) Sec. 135. Cancellation of contract and right to fee and settlement fund refunds. (a) A consumer may cancel a contract with a debt settlement provider at any time before the debt settlement provider has fully performed each service the debt settlement provider c…

(225 ILCS 429/140) Sec. 140. Obligation of good faith. A debt settlement provider shall act in good faith in all matters under this Act. (Source: P.A. 96-1420, eff. 8-3-10.)

(225 ILCS 429/145) Sec. 145. Prohibited practices. A debt settlement provider shall not do any of the following: (1) Charge or collect from a consumer any fee not permitted by, in an amount in excess of the maximum amount permitted by, or at a time earlier than permitted by Secti…

(225 ILCS 429/15) Sec. 15. Requirement of license. It shall be unlawful for any person or entity to act as a debt settlement provider except as authorized by this Act and without first having obtained a license under this Act. (Source: P.A. 96-1420, eff. 8-3-10.)

(225 ILCS 429/150) Sec. 150. Noncompliance with the Act. (a) Any waiver by any consumer of any protection provided by or any right of the consumer under this Act: (1) shall be treated as void; and (2) may not be enforced by any federal or State court or any other person. (b) Any …

(225 ILCS 429/155) Sec. 155. Civil remedies. (a) A violation of Section 105, 110, 115, 120, 125, 130, 135, 140, 145, or 150 of this Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted t…

(225 ILCS 429/20) Sec. 20. Application for license. An application for a license to operate as a debt settlement provider in this State shall be made to the Secretary and shall be in writing, under oath, and in the form prescribed by the Secretary. Each applicant, at the time of …

(225 ILCS 429/25) Sec. 25. Qualifications for license. Upon the filing of the application and the approval of the bond and the payment of the specified fees, the Secretary may issue a license if he or she finds all of the following: (1) The financial responsibility, experience, c…

(225 ILCS 429/30) Sec. 30. Renewal of license. Each debt settlement provider under the provisions of this Act may make application to the Secretary for renewal of its license, which application for renewal shall be on the form prescribed by the Secretary and shall be accompanied …

(225 ILCS 429/33) Sec. 33. Annual report; debt settlement provider disclosure of statistical information; Secretary to report statistical information. (a) A debt settlement provider must file an annual report with the Secretary that must include all of the following data: (1) for…

(225 ILCS 429/35) Sec. 35. License; display and location of license. Each license issued shall be kept conspicuously posted in the place of business of the debt settlement provider. The business location may be changed by any debt settlement provider upon 10 days prior written no…

(225 ILCS 429/45) Sec. 45. Denial of license. Any complete application for a license shall be approved or denied within 60 days after the filing of the complete application with the Secretary. (Source: P.A. 96-1420, eff. 8-3-10.)

(225 ILCS 429/5) Sec. 5. Purpose and construction. The purpose of this Act is to protect consumers who enter into agreements with debt settlement providers and to regulate debt settlement providers. This Act shall be construed as a consumer protection law for all purposes. This A…

(225 ILCS 429/50) Sec. 50. Revocation or suspension of license. (a) The Secretary may revoke or suspend any license if he or she finds that: (1) any debt settlement provider has failed to pay the annual license fee or to maintain in effect the bond required under the provisions o…

(225 ILCS 429/55) Sec. 55. Contracts, books, records, and contract cancellation. Each debt settlement provider shall furnish to the Secretary, when requested, a copy of the contract entered into between the debt settlement provider and the debtor. The debt settlement provider sha…

(225 ILCS 429/60) Sec. 60. Examination of debt settlement provider; duty to disclose a post-license event. (a) The Secretary at any time, either in person or through an appointed representative, may examine the condition and affairs of a debt settlement provider. In connection wi…

(225 ILCS 429/65) Sec. 65. Trust funds; requirements and restrictions. (a) All funds received by a debt settlement provider or his agent from and for the purpose of paying bills, invoices, or accounts of a debtor shall constitute trust funds owned by and belonging to the debtor f…

(225 ILCS 429/75) Sec. 75. Rules. The Secretary shall adopt and enforce all reasonable rules necessary or appropriate for the administration of this Act. The rulemaking shall be subject to the provisions of the Illinois Administrative Procedure Act. (Source: P.A. 96-1420, eff. 8-…

(225 ILCS 429/80) Sec. 80. Penalties. (a) Any person who operates as a debt settlement provider without a license shall be guilty of a Class 4 felony. (b) Any contract of debt settlement service as defined in this Act made by an unlicensed person shall be null and void and of no …

(225 ILCS 429/83) Sec. 83. Additional liability for unlicensed activity. Any person who, without the required license, engages in conduct requiring a license under this Act without the required license shall be liable to the Department in an amount equal to the greater of (1) $1,…

(225 ILCS 429/85) Sec. 85. Injunction. To engage in debt settlement service, render financial service, or accept debtors' funds, as defined in this Act, without a valid license to do so, is hereby declared to be inimical to the public welfare and to constitute a public nuisance. …

(225 ILCS 429/90) Sec. 90. Review. All final administrative decisions of the Secretary under this Act shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, including all amendments, modifications, and adopted rules. (Source: P.A. 96-1420…

(225 ILCS 429/900) Sec. 900. (Amendatory provisions; text omitted). (Source: P.A. 96-1420, eff. 8-3-10; text omitted.)

(225 ILCS 429/905) Sec. 905. (Amendatory provisions; text omitted). (Source: P.A. 96-1420, eff. 8-3-10; text omitted.)

(225 ILCS 429/910) Sec. 910. (Amendatory provisions; text omitted). (Source: P.A. 96-1420, eff. 8-3-10; text omitted.)

(225 ILCS 429/915) Sec. 915. The Debt Management Service Act is amended by repealing Sections 13.5, 15.1, 15.2, and 15.3. (Source: P.A. 96-1420, eff. 8-3-10.)

(225 ILCS 429/95) Sec. 95. Cease and desist orders. (a) The Secretary may issue a cease and desist order to any debt settlement provider or other person doing business without the required license when, in the opinion of the Secretary, the debt settlement provider or other person…

(225 ILCS 429/970) Sec. 970. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 96-1420, eff. 8-3-10.)

(225 ILCS 429/999) Sec. 999. Effective date. This Act takes effect upon becoming law. (Source: P.A. 96-1420, eff. 8-3-10.)

(225 ILCS 430/0.01) (from Ch. 111, par. 2400) (Section scheduled to be repealed on January 1, 2027) Sec. 0.01. Short title. This Act may be cited as the Detection of Deception Examiners Act. (Source: P.A. 86-1324.)

(225 ILCS 430/1) (from Ch. 111, par. 2401) (Section scheduled to be repealed on January 1, 2027) Sec. 1. Definitions. As used in this Act, unless the context otherwise requires: "Address of record" means the designated address recorded by the Department in the applicant's or lice…

(225 ILCS 430/10) Sec. 10. (Repealed). (Source: Laws 1963, p. 3300. Repealed by P.A. 97-168, eff. 7-22-11.)

(225 ILCS 430/10.1) (from Ch. 111, par. 2411.1) (Section scheduled to be repealed on January 1, 2027) Sec. 10.1. Prior to beginning the 6 months of study of detection of deception required by paragraph D of Section 11, a person shall register with the Department. Persons who so r…

(225 ILCS 430/10.2) (Section scheduled to be repealed on January 1, 2027) Sec. 10.2. Address of record; email address of record. All applicants and licensees shall: (1) provide a valid address and email address to the Department, which shall serve as the address of record and ema…

(225 ILCS 430/11) (from Ch. 111, par. 2412) (Section scheduled to be repealed on January 1, 2027) Sec. 11. Qualifications for licensure as an examiner. A person is qualified to receive a license as an examiner: A. Who establishes that he or she is a person of good moral character…

(225 ILCS 430/13) (from Ch. 111, par. 2414) (Section scheduled to be repealed on January 1, 2027) Sec. 13. The expiration date and renewal period for each license issued under this Act shall be set by rule. An examiner whose license has expired may reinstate his or her license at…

(225 ILCS 430/14) (from Ch. 111, par. 2415) (Section scheduled to be repealed on January 1, 2027) Sec. 14. (a) The Department may refuse to issue or renew or may revoke, suspend, place on probation, reprimand, or take other disciplinary or non-disciplinary action as the Departmen…

(225 ILCS 430/14.1) (from Ch. 111, par. 2415.1) (Section scheduled to be repealed on January 1, 2027) Sec. 14.1. No Examiner shall inquire into any of the following areas during pre-employment or periodic employment examinations, unless the area is directly related to employment:…

(225 ILCS 430/15) (from Ch. 111, par. 2416) (Section scheduled to be repealed on January 1, 2027) Sec. 15. Any unlawful act or violation of any of the provisions of this Act upon the part of any examiner or trainee, shall not be cause for revocation of the license of any other ex…

(225 ILCS 430/16) (from Ch. 111, par. 2417) Sec. 16. (Repealed). (Source: P.A. 82-200. Repealed by P.A. 102-20, eff. 1-1-22.)

(225 ILCS 430/17) (from Ch. 111, par. 2418) (Section scheduled to be repealed on January 1, 2027) Sec. 17. Investigations; notice and hearing. The Department may investigate the actions of any applicant or any person or persons rendering or offering to render detection of decepti…

(225 ILCS 430/18) (from Ch. 111, par. 2419) (Section scheduled to be repealed on January 1, 2027) Sec. 18. Stenographer; transcript; Hearing Officer report. The Department, at its expense, shall provide a stenographer to take down the testimony and preserve a record of all procee…

(225 ILCS 430/18.3) (Section scheduled to be repealed on January 1, 2027) Sec. 18.3. Finding and recommendations. At the conclusion of the hearing, the hearing officer shall make findings of fact, conclusions of law, and recommendations, separately stated, and submit them to the …

(225 ILCS 430/19) (from Ch. 111, par. 2420) (Section scheduled to be repealed on January 1, 2027) Sec. 19. Subpoenas; depositions; oaths. (a) The Department may subpoena and bring before it any person to take the oral or written testimony or compel the production of any books, pa…

(225 ILCS 430/2) (from Ch. 111, par. 2402) (Section scheduled to be repealed on January 1, 2027) Sec. 2. The practice of the detection of deception in the State of Illinois is declared to affect the public health, safety and welfare and is subject to regulation and control in the…