Illinois 95th Regular Session Status: Passed House

HB 1958 — CONSUMER FRAUD-WIRELESS PHONE

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 95th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that the new provisions may be cited as the Cell Phone Lemon Law. Provides that if, within the period of a contract for wireless telephone service, a wireless telephone sold in conjunction with a contract for wireless telephone service requires repair or replacement on 3 or more occasions, the consumer may, in lieu of having the telephone repaired or replaced on the third or subsequent occasion: choose to cancel the contract for wireless telephone service without paying any early termination fee, penalty, or charge; or elect to upgrade or downgrade the telephone in accordance with specified provisions. Provides that if, within the period of a contract for wireless telephone service, the wireless telephone sold in conjunction with a contract for wireless telephone service requires repair or replacement that results in the telephone being unavailable to the consumer for one day or more, or the consumer does not have full access to all of the contracted services for one day or more, the wireless telephone service provider shall pay the consumer $25 for each day the telephone is unavailable to the consumer or each day the consumer does not have full access to all of the contracted services. Requires a wireless telephone service provider to give a consumer a written statement of the consumer's rights. Provides that any repair to or replacement of a phone that was damaged or failed to work properly as a result of some action by the consumer is not covered by the listed Section. Makes violation of the new provisions an unlawful practice within the meaning of the Act.

Bill Text

What changed in the latest version

20 added · 56 removed

Plain-language change summary

The updated version of Bill HB 1958 adds important consumer protections for wireless telephone users. Now, when a consumer buys a phone, the provider is required to give them a written statement outlining their rights at the time of sale. Additionally, the bill clarifies that consumers cannot claim warranty protections for damages caused by their own actions, like liquid spills or physical impacts. These changes aim to make it easier for consumers to understand their rights while also setting clear boundaries for warranty claims, which enhances fairness in the marketplace.

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*LRB09507348LCT31972b* HB1958 95TH GENERAL ASSEMBLY State of Illinois and 2008 HB1958 Introduced 2/23/2007, by Rep.
HB1958 Engrossed LRB095 07348 LCT 31972 b AN ACT concerning business.
Susana A Mendoza SYNOPSIS AS INTRODUCED:
ILCS 505/2ZZ new Amends the Consumer Fraud and Deceptive Business Practices Act.
Provides that the new provisions may be cited as the Cell Phone Lemon Law.
Provides that if, within the period of a contract for wireless telephone service, a wireless telephone sold in conjunction with a contract for wireless telephone service requires repair or replacement on 3 or more occasions, the consumer may, in lieu of having the telephone repaired or replaced on the third or subsequent occasion:
choose to cancel the contract for wireless telephone service without paying any early termination fee, penalty, or charge;
or elect to upgrade or downgrade the telephone in accordance with specified provisions.
Provides that if, within the period of a contract for wireless telephone service, the wireless telephone sold in conjunction with a contract for wireless telephone service requires repair or replacement that results in the telephone being unavailable to the consumer for one day or more, or the consumer does not have full access to all of the contracted services for one day or more, the wireless telephone service provider shall pay the consumer $25 for each day the telephone is unavailable to the consumer or each day the consumer does not have full access to all of the contracted services.
Requires a wireless telephone service provider to give a consumer a written statement of the consumer’s rights.
Provides that any repair to or replacement of a phone that was damaged or failed to work properly as a result of some action by the consumer is not covered by the listed Section.
Makes violation of the new provisions an unlawful practice within the meaning of the Act.
LRB095 07348 LCT 31972 b A BILL FOR HB1958 LRB095 07348 LCT 31972 b AN ACT concerning business.
(d) If, within the period of a contract for wireless telephone service, the wireless telephone sold in conjunction HB1958 - 2 - LRB095 07348 LCT 31972 b with a contract for wireless telephone service requires repair or replacement on 3 or more occasions, the consumer may, in lieu of having the telephone repaired or replaced on the third or subsequent occasion, choose either of the following options:
(d) If, within the period of a contract for wireless telephone service, the wireless telephone sold in conjunction HB1958 Engrossed - 2 - LRB095 07348 LCT 31972 b with a contract for wireless telephone service requires repair or replacement on 3 or more occasions, the consumer may, in lieu of having the telephone repaired or replaced on the third or subsequent occasion, choose either of the following options:
(e) If, within the period of a contract for wireless telephone service, the wireless telephone sold in conjunction with a contract for wireless telephone service requires repair HB1958 - 3 - LRB095 07348 LCT 31972 b or replacement that results in the telephone being unavailable to the consumer for one day or more or the consumer does not have full access to all of the contracted services for one day or more, the wireless telephone service provider shall pay the consumer $25 for each day during which the telephone is unavailable to the consumer or each day during which the consumer does not have full access to all of the contracted services.
(e) The wireless telephone service provider shall give a consumer a written statement of the consumer’s rights under this Section when a sale is made to which this Section applies.
(f) The wireless telephone service provider shall give a consumer a written statement of the consumer’s rights under this Section when a sale is made to which this Section applies.
HB1958 Engrossed - 3 - LRB095 07348 LCT 31972 b (f) This Section does not apply to any repair to or replacement of a phone that was damaged or failed to work properly as a result of some action by the consumer.
(g) This Section does not apply to any repair to or replacement of a phone that was damaged or failed to work properly as a result of some action by the consumer.
The types of damage creating an inference of consumer action include, but are not limited to, the following:
equipment showing signs of water (or other liquid) damage;
equipment showing signs of physical impact;
a scratched or broken casing;
forced components or buttons;
and other external damage.
(g) This Section does not apply to the quality or lack of services, including, but not limited to, cellular or other subscribed services available to the consumer, contractually agreed upon rates, and equipment compatibility issues.
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Action History

  1. Session Sine Die

  2. Rule 2-10 Committee Deadline Established As May 22, 2008; Substantive House Bills Out of Committee

  3. Referred to Rules

  4. First Reading

  5. Chief Senate Sponsor Sen. Mike Jacobs

  6. Placed on Calendar Order of First Reading

  7. Arrive in Senate

  8. Third Reading - Short Debate - Passed 072-043-002

  9. Removed Co-Sponsor Rep. Lisa M. Dugan

  10. Removed Co-Sponsor Rep. Edward J. Acevedo

  11. Removed Co-Sponsor Rep. Monique D. Davis

  12. Removed Co-Sponsor Rep. Charles E. Jefferson

  13. Removed Co-Sponsor Rep. Kenneth Dunkin

  14. Added Co-Sponsor Rep. Al Riley

  15. Added Co-Sponsor Rep. Karen A. Yarbrough

  16. Added Co-Sponsor Rep. Brandon W. Phelps

  17. Added Co-Sponsor Rep. Kenneth Dunkin

  18. Added Co-Sponsor Rep. Lisa M. Dugan

  19. Added Co-Sponsor Rep. Careen M Gordon

  20. Added Co-Sponsor Rep. Jack McGuire

  21. Added Co-Sponsor Rep. Mike Boland

  22. Added Co-Sponsor Rep. Greg Harris

  23. Added Co-Sponsor Rep. Edward J. Acevedo

  24. Added Co-Sponsor Rep. Charles E. Jefferson

  25. Added Co-Sponsor Rep. Monique D. Davis

  26. Added Co-Sponsor Rep. John D'Amico

  27. Added Co-Sponsor Rep. Joseph M. Lyons

  28. Added Co-Sponsor Rep. Elga L. Jefferies

  29. Added Co-Sponsor Rep. LaShawn K. Ford

  30. Removed Co-Sponsor Rep. Deborah L. Graham

  31. Added Chief Co-Sponsor Rep. Deborah L. Graham

  32. Added Chief Co-Sponsor Rep. Joe Dunn

  33. Removed Co-Sponsor Rep. Jack D. Franks

  34. Added Chief Co-Sponsor Rep. Jack D. Franks

  35. Remove Chief Co-Sponsor Rep. Elizabeth Hernandez

  36. Remove Chief Co-Sponsor Rep. Robert S. Molaro

  37. Placed on Calendar Order of 3rd Reading - Short Debate

  38. House Floor Amendment No. 1 Adopted by Voice Vote

  39. Second Reading - Short Debate

  40. Home Rule Note Filed

  41. State Mandates Fiscal Note Filed

  42. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-001-000

  43. House Floor Amendment No. 1 Referred to Rules Committee

  44. House Floor Amendment No. 1 Filed with Clerk by Rep. Susana A Mendoza

  45. Remove Chief Co-Sponsor Rep. Robert Rita

  46. Balanced Budget Note Filed

  47. Fiscal Note Filed

  48. State Debt Impact Note Filed

  49. Pension Note Filed

  50. Housing Affordability Impact Note Filed

  51. Judicial Note Filed

  52. Placed on Calendar 2nd Reading - Short Debate

  53. Do Pass / Short Debate Consumer Protection Committee; 008-004-000

  54. Added Chief Co-Sponsor Rep. Elizabeth Hernandez

  55. Added Chief Co-Sponsor Rep. Robert S. Molaro

  56. Added Chief Co-Sponsor Rep. Robert Rita

  57. Added Chief Co-Sponsor Rep. Michael J. Madigan

  58. Added Co-Sponsor Rep. Arthur L. Turner

  59. Added Co-Sponsor Rep. Elaine Nekritz

  60. Added Co-Sponsor Rep. Fred Crespo

  61. Added Co-Sponsor Rep. Linda Chapa LaVia

  62. Added Co-Sponsor Rep. Jack D. Franks

  63. Added Co-Sponsor Rep. Annazette Collins

  64. Added Co-Sponsor Rep. Lou Lang

  65. Added Co-Sponsor Rep. Maria Antonia Berrios

  66. Added Co-Sponsor Rep. Cynthia Soto

  67. Added Co-Sponsor Rep. Aaron Schock

  68. Added Co-Sponsor Rep. Julie Hamos

  69. Added Co-Sponsor Rep. Daniel J. Burke

  70. Added Co-Sponsor Rep. Deborah L. Graham

  71. Added Co-Sponsor Rep. Luis Arroyo

  72. Assigned to Consumer Protection Committee

  73. Referred to Rules Committee

  74. First Reading

  75. Filed with the Clerk by Rep. Susana A Mendoza

Sponsors

  • Susana A Mendoza · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on · 3 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Susana A Mendoza

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 72 Yea · 43 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 634002
Democrat 7101
Republican 2200
Total 724303
% of votes cast 61%36%0%3%
How each member voted (118)
Member Party Vote
Hamos — Yea
Holbrook — Nay
Jefferies — Yea
Jefferson — Yea
Lang — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunn — Yea
Flider — Yea
Krause — Nay
Lindner — Nay
Madigan — Yea
May — Yea
McAuliffe — Nay
McGuire — Yea
McCarthy — Yea
Meyer — Yea
Bradley, John — Yea
Bradley, Richard — Yea
Mulligan — Yea
Mitchell, Bill — Yea
Nekritz — Yea
Phelps — Yea
Ramey — Nay
Schock — Yea
Burke — Yea
Tryon — Yea
Turner — Yea
Hannig — Yea
Harris — Yea
Verschoore — Yea
Hernandez — Yea
Wait — Yea
Washington — Yea
Yarbrough — Yea
Howard — Yea
Younge — Yea
Brady — Nay
Cole — Yea
Coulson — Yea
Currie — Yea
D'Amico — Yea
Dunkin — Nay
Durkin — Nay
Eddy — Nay
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Nay
Golar — Yea
Graham — Yea
Granberg — Yea
Jakobsson — Yea
Mitchell, Jerry — Nay
Sullivan — Nay
Moffitt — Nay
Molaro — Nay
Watson — Nay
Munson — Nay
Myers — Nay
Davis, Monique — Nay
Pihos — Nay
Winters — Nay
Coladipietro — Nay
Colvin — Nay
Cross — Nay
Cultra — Nay
Hassert — Nay
Kosel — Nay
Osmond — Nay
Osterman — Yea
Patterson — Not Voting
Poe — Nay
Pritchard — Nay
Reboletti — Yea
Reis — Nay
Riley — Yea
Ryg — Yea
Sacia — Nay
Saviano — Yea
Schmitz — Nay
Scully — Yea
Sommer — Yea
Soto — Yea
Leitch — Yea
Acevedo — Not Voting
Arroyo — Yea
Bassi — Nay
Beaubien — Nay
Beiser — Yea
Mathias — Nay
Bellock — Nay
Berrios — Yea
Biggins — Nay
Mautino — Yea
Black — Nay
Boland — Yea
Bost — Nay
Brauer — Nay
Brosnahan — Yea
Mendoza — Yea
Gordon — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Nay
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Not Voting
Brad Stephens Republican Nay
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Nay

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Subjects

civil-rights technology
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Frequently asked questions

What does HB 1958 do?
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that the new provisions may be cited as the Cell Phone Lemon Law. Provides that if, within the period of a contract for wireless telephone service, a wireless telephone sold in conjunction with a contract for wireless telephone service requires repair or replacement on 3 or more occasions, the consumer may, in lieu of having the telephone repaired or replaced on the third or subsequent occasion: choose to cancel the contract for wireless telephone service without paying any early termination fee, penalty, or charge; or elect to upgrade or downgrade the telephone in accordance with specified provisions. Provides that if, within the period of a contract for wireless telephone service, the wireless telephone sold in conjunction with a contract for wireless telephone service requires repair or replacement that results in the telephone being unavailable to the consumer for one day or more, or the consumer does not have full access to all of the contracted services for one day or more, the wireless telephone service provider shall pay the consumer $25 for each day the telephone is unavailable to the consumer or each day the consumer does not have full access to all of the contracted services. Requires a wireless telephone service provider to give a consumer a written statement of the consumer's rights. Provides that any repair to or replacement of a phone that was damaged or failed to work properly as a result of some action by the consumer is not covered by the listed Section. Makes violation of the new provisions an unlawful practice within the meaning of the Act.
Who sponsors HB 1958?
HB 1958 is sponsored by Susana A Mendoza.
What is the current status of HB 1958?
This bill died with 95th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1958?
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