§ 9.4

Illinois § 9.4

• Jurisdiction: Illinois
• Topic: REGULATION
• Ch. 205: FINANCIAL REGULATION
• Act 205 ILCS 740/: Collection Agency Act.

Text

(was 225 ILCS 425/9.4) Sec. 9.4. Debt collection as a result of identity theft. (a) Upon receipt from a debtor of all of the following information, a collection agency must cease collection activities until completion of the review provided in subsection (d) of this Section: (1) A copy of a police report filed by the debtor alleging that the debtor is the victim of an identity theft crime for the specific debt being collected by the collection agency. (2) The debtor's written statement that the debtor claims to be the victim of identity theft with respect to the specific debt being collected by the collection agency, including (i) a Federal Trade Commission's Affidavit of Identity Theft, (ii) an Illinois Attorney General ID Theft Affidavit, or (iii) a written statement that certifies that the representations are true, correct, and contain no material omissions of fact to the best knowledge and belief of the person submitting the certification. This written statement must contain or be accompanied by, each of the following, to the extent that an item listed below is relevant to the debtor's allegation of identity theft with respect to the debt in question: (A) A statement that the debtor is a victim of identity theft. (B) A copy of the debtor's driver's license or identification card, as issued by this State. (C) Any other identification document that supports the statement of identity theft. (D) Specific facts supporting the claim of identity theft, if available. (E) Any explanation showing that the debtor did not incur the debt. (F) Any available correspondence disputing the debt after transaction information has been provided to the debtor. (G) Documentation of the residence of the debtor at the time of the alleged debt, which may include copies of bills and statements, such as utility bills, tax statements, or other statements from businesses sent to the debtor and showing that the debtor lived at another residence at the time the debt was incurred. (H) A telephone number for contacting the debtor concerning any additional information or questions or direction that further communications to the debtor be in writing only, with the mailing address specified in the statement. (I) To the extent the debtor has information concerning who may have incurred the debt, the identification of any person whom the debtor believes is responsible. (J) An express statement that the debtor did not authorize the use of the debtor's name or personal information for incurring the debt. (b) A written certification submitted pursuant to item (iii) of paragraph (2) of subsection (a) of this Section shall be sufficient if it is in substantially the following form: "I certify that the representations made are true, correct, and contain no material omissions of fact known to me. (Signature) (Date)" (c) If a debtor notifies a collection agency orally that he or she is a victim of identity theft, the collection agency shall notify the debtor orally or in writing, that the debtor's claim must be in writing. If a debtor notifies a collection agency in writing that he or she is a victim of identity theft, but omits information required pursuant to this Section, and if the collection agency continues collection activities, the collection agency must provide written notice to the debtor of the additional information that is required or send the debtor a copy of the Federal Trade Commission's Identity Theft Affidavit form. (d) Upon receipt of the complete statement and information described in subsection (a) of this Section, the collection agency shall review and consider all of the information provided by the debtor and other information available to the collection agency in its file or from the creditor. The collection agency may recommence debt collection activities only upon making a good faith determination that the information does not establish that the debtor is not responsible for the specific debt in question. The collection agency must notify the debtor in writing of that determination and the basis for that determination before proceeding with any further collection activities. The collection agency's determination shall be based on all of the information provided by the debtor and other information available to the collection agency in its file or from the creditor. (e) No inference or presumption that the debt is valid or invalid or that the debtor is liable or not liable for the debt may arise if the collection agency decides after the review described in subsection (d) to cease or recommence the debt collection activities. The exercise or non-exercise of rights under this Section is not a waiver of any other right or defense of the debtor or collection agency. (f) A collection agency that (i) ceases collection activities under this Section, (ii) does not recommence those collection activities, and (iii) furnishes adverse information to a consumer credit reporting agency, must notify the consumer credit reporting agency to delete that adverse information.

Legislative History

(Source: P.A. 99-227, eff. 8-3-15 .)