Sec. 145. Prohibited practices.
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/il/chapter-225/act-429/145A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 Section 125 of this Act.
(2)Advise or represent, expressly or by implication, that consumers should stop making
payments to their creditors, lenders, loan servicers, or loan guarantors or government entities.
(3)Advise or represent, expressly or by implication, that consumers should stop
communicating with their creditors, lenders, loan servicers, loan guarantors, or attorneys or government entities.
(4)Change the mailing address on any of a consumer's creditor's statements.
(5)Make loans or offer credit or solicit or accept any note, mortgage, or negotiable
instrument other than a check signed by the consumer and dated no later than the date of signature.
(6)Take any confession of judgment or power of attorney to confess judgment against the
consumer or appear as the consumer or on behalf of the consumer in any judicial proceedings.
(7)Take any release or waiver of any obligation to be performed on the part of the debt
settlement provider or any right of the consumer.
(8)Advertise, display, distribute, broadcast, or televise services or permit services
to be displayed, advertised, distributed, broadcasted, or televised, in any manner whatsoever, that contains any false, misleading, or deceptive statements or representations with regard to any matter, including services to be performed, the fees to be charged by the debt settlement provider, or the effect those services will have on a consumer's credit rating or on creditor collection efforts.
(9)Receive any cash, fee, gift, bonus, premium, reward, or other compensation from any
person other than the consumer explicitly for the provision of debt settlement service to that consumer.
(10)Offer or provide gifts or bonuses to consumers for signing a debt settlement
service contract or for referring another potential customer or customer.
(11)Disclose to anyone the name or any personal information of a consumer for whom the
debt settlement provider has provided or is providing debt settlement service other than to a consumer's own creditors or the debt settlement provider's agents, affiliates, or contractors for the purpose of providing debt settlement service without the prior consent of the consumer.
(12)Enter into a contract with a consumer without first providing the disclosures and
financial analysis and making the determinations required by this Section.
(13)Misrepresent any material fact, make a material omission, or make a false promise
directed to one or more consumers in connection with the solicitation, offering, contracting, or provision of debt settlement service.
(14)Violate the provisions of applicable do not call statutes.
(15)Purchase debts or engage in the practice or business of debt collection.
(16)Include in a debt settlement agreement any secured debt.
(17)Employ an unfair, unconscionable, or deceptive act or practice, including the
knowing omission of any material information.
(18)Engage in any practice that prohibits or limits the consumer or any creditor from
communication directly with one another.
(19)Represent or imply to a person participating in or considering debt settlement that
purchase of any ancillary goods or services is required.
(20)Access or obtain a consumer's or student loan borrower's federal student aid
information in violation of federal law.