A wide range of consumer protection laws took effect in Illinois at the beginning of the year, including some that are based on recent high-profile crimes and tragedies.
One of the newest laws making headlines takes aim at doxxing.
“Doxxing is, is when somebody takes your personal information and broadcasts it to the world, but does so knowing that that is going to cause you to become the victim of stalking, harassment, physical violence,” said Illinois Rep. Jennifer Gong-Gershowitz, who introduced the bill in the Illinois legislature last year.
The measure allows victims to bring civil action against anyone who engages in doxxing.
A Chicago man recently cited the law in a lawsuit against several women from an online Facebook group called "Are we dating the same guy?". He claims posts about their dating experiences with him were false and ruined his reputation.
“There should be some rules, even on the internet, even with respect to social media, certain lines that you just don't cross,” said Gong-Gershowitz.
Another new law, the Digital Forgeries Act, allows consumers to sue, if they are the target of "deep fakes" or digitally altered sexual images.
The following laws were also recently enacted in Illinois:
- One measure calls for the Illinois Commerce Commission to publish all consumer complaints against towing companies on its website.
- Another ensures closer monitoring and reporting on the theft of SNAP benefits via card skimming or other types of fraud.
- A third law stops utility companies from cutting off service on any day where temperatures reach 90 days or higher.
“We're seeing more of really hot, extreme hot days, here in Illinois,” said Abe Scarr with Illinois' Public Interest Research Group. “This is an appropriate step to make sure that health and safety is protected that just because you're behind on your bills, your utility bills, you're not putting in a life-threatening situation.”
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Meanwhile, another new law gives consumers some control back. You must now give consent before a company tries to use your credit card to auto-renew a product or service.
“We always have seen that problem at the Better Business Bureau, but we're seeing an increase in those types of complaints,” said Steve Bernas with the Better Business Bureau.
Last year, Illinois saw the largest increase in car thefts in the nation, according to a study by the National Insurance Crime Bureau. An additional law requires Cook County to establish a vehicle theft hotline to help law enforcement work with vehicle manufacturers and dealers to help locate stolen vehicles, and vehicles that may have been used in kidnappings.
Here is a full list of consumer protection laws now in effect in Illinois:
- HB 1153: All counties with 70,000 or more inhabitants must create an office of county auditor, a reduction from 75,000 residents. The only county this will impact, according to U.S. Census data, is Vermilion County, which had a population of 72,337 as of 2020.
- HB 1236: In competitive bidding situations, county boards shall take into account the bidder’s active participation in an apprenticeship program registered with the U.S. Department of Labor.
- HB 1497: Car-sharing vehicles are exempt from the Automobile Renting Occupation and Use Tax if the tax was paid upon the purchase of the vehicle.
- HB 1541: If gas or electricity is used as the only source of space cooling, then a utility may not terminate service on any day where the forecast includes temperatures of 90 degrees or warmer, or any day preceding a holiday or weekend when the NWS forecast includes temperatures of 90 degrees or above.
- HB 1628: No landlord shall require a tenant to pay any amount by means of electronic funds transfer, including those that automatically debit funds on a recurring basis.
- HB 2094: All marketing materials from mortgage companies not connected to a homeowner’s mortgage company must comply with specified requirements, so as not to mislead consumers.
- HB 2123: The “Digital Forgeries Act” holds that individuals have rights to legal recourse if they are the target of “deep fakes,” or digitally-altered sexual images.
- HB 2214: The Department of Human Services will be required to monitor the frequency with which SNAP benefits are stolen via card skimming, card cloning or other similar fraudulent methods, and submit a report on those thefts to the State’s Attorney.
- HB 2217: Tenants must be provided a “Radon Guide for Tenants” pamphlet before agreeing to a lease. The tenant then has 90 days to conduct radon tests of the dwelling unit, and to have the permission of the property owner before taking radon mitigation steps. Leases can also be terminated in specific instances.
- HB 2245: Cook County (or any county that exceeds three million residents) will be required to establish a vehicle theft hotline to facilitate the location of stolen vehicles.
- HB 2269: All estate-planning documents must be able to be prepared electronically. Previously, only wills were included.
- HB 2325: The bill provides that each full-service location at which residential mortgage licensee conducts any part of their business must be recorded with the state. Licensees may allow mortgage loan originators to work remotely if specified conditions are met.
- HB 2500: Animal control facilities may not charge an adoption fee for dogs or cats if the person presents a valid ID or Illinois Person with a disability card with the word “veteran” printed on its face.
- HB 2562: Owners or properties dedicated to residents age 55 and older must provide a common area whose temperature is maintained between 67 and 73 degrees. Properties without building-wide cooling and heating systems must provide a common gathering space where a cooling system operates when the heat index exceeds 80 degrees.
- HB 3087: The Director of Agriculture may declare a temporary halt on the sale, movement or exhibition of certain types of animals to prevent the spread of disease in the state. Such declarations can be made in increments of 30 days.
- HB 3236: Contracts, transactions and agreements that extend credit to a consumer to purchase a dog or cat will no longer be permitted.
- Hb 3363: DCFS will be required to establish and maintain a database on the safety of consumer products or substances regulated by the department that is publicly available, searchable, and accessible through the internet. It also expands the definition of “children’s product” to products designed to be used by children age 12 and younger.
- HB 3707: The Commerce Commission shall publish all consumer complaints against any towing company on its website.
- HB 3808: Streaming services are not required to pay ‘franchise fees’ to local governments for utility lines owned, operated and paid for by cable companies. The change was instituted to prevent consumers from being charged franchise fees for streaming services.
- SB 0800: If a repossession agency believes a vehicle that serves as collateral collects or stores personal information, they must clear, erase, delete or otherwise eliminate the personal information collected by the vehicle.
- SB 0328: Any person or company that sells products or services that include automatic renewal must disclose the renewal terms clearly and conspicuously before the agreement is signed. They also may not charge credit or debit cards or payment mechanisms without first obtaining the consumer’s consent to the renewal offer terms. They must also make it clear how to cancel the automatic renewal before an agreement can be signed.
- SB 0850: The Department of Commerce and Economic Opportunity may designate an area as a food desert even if it doesn’t meet the qualifications set forth in the original Grocery Initiative Act. To do so, the government must use data that includes poverty metrics and access to existing grocery stores, among others.
- SB 1440: It is unlawful to knowingly mail or send a postcard or letter if the correspondence does not disclose or disclaim any and all affiliations. Those disclosures must be made in unambiguous language and must be printed in at least 14-point bold-face font in a black-outlined box.
- SB 1463 – Fees and fines can no longer be assessed in Illinois to individuals under the age of 18, except for traffic tickets, boating or fishing violations, or municipal ordinance violations.
- SB 1705: A series of tax exemptions will be given to active duty members of the U.S. armed forces, provided they purchase the property using a form of payment were the federal government is the payor.
- SB 1741: Property owners with five or more residential units must furnish an itemized statement of damage allegedly caused to leased units within 30 days of a tenant’s departure if a security deposit is being withheld in part or in full.
- SB 1817: It is a civil rights violation to refuse to engage in real estate transactions because of immigration status. Specific wording for the law allows for inquiries into immigration status if required by federal law.
- SB 1896 – New and used licensed motor vehicle dealers will be allowed to conduct sales activities via the internet, and will be permitted to deliver vehicles to residences or other suitable locations.
