Current through Public Act 103-1052
Section 205 ILCS 740/9.2 - [Section Scheduled to be Repealed 1/1/2026] Communication in Connection with Debt Collection(a) Without the prior consent of the debtor given directly to the collection agency or the express permission of a court of competent jurisdiction, a collection agency may not communicate with a debtor in connection with the collection of any debt in any of the following circumstances: (1) At any unusual time, place, or manner that is known or should be known to be inconvenient to the debtor. In the absence of knowledge of circumstances to the contrary, a collection agency shall assume that the convenient time for communicating with a debtor is after 8:00 a.m. and before 9:00 p.m. in the debtor's local time .(2) If the collection agency knows the debtor is represented by an attorney with respect to such debt and has knowledge of or can readily ascertain, the attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the collection agency or unless the attorney consents to direct communication with the debtor.(3) At the debtor's place of employment, if the collection agency knows or has reason to know that the debtor's employer prohibits the debtor from receiving such communication.(b) Except as provided in Section 9.1 of this Act, a collection agency may not communicate, in connection with the collection of any debt, with any person other than the debtor, the debtor's attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the collection agency without the prior consent of the debtor given directly to the collection agency, the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post-judgment judicial remedy.(c) If a debtor notifies a collection agency in writing that the debtor refuses to pay a debt or that the debtor wishes the collection agency to cease further communication with the debtor, the collection agency may not communicate further with the debtor with respect to such debt, except to perform any of the following tasks:(1) Advise the debtor that the collection agency's further efforts are being terminated.(2) Notify the debtor that the collection agency or creditor may invoke specified remedies that are ordinarily invoked by such collection agency or creditor.(3) Notify the debtor that the collection agency or creditor intends to invoke a specified remedy. If such notice from the debtor is made by mail, notification shall be complete upon receipt.
(d) For the purposes of this Section, "debtor" includes the debtor's spouse, parent (if the debtor is a minor), guardian, executor, or administrator.(e) This Section applies to a collection agency or debt buyer only when engaged in the collection of consumer debt.Amended by P.A. 102-0975,§ 10, eff. 1/1/2023.Renumbered from 225 ILCS 425/9.2 by P.A. 102-0975,§ 95, eff. 1/1/2023.Amended by P.A. 099-0500,§ 5, eff. 1/29/2016.Amended by P.A. 099-0227,§ 945, eff. 8/3/2015.Added by P.A. 095-0437,§ 5, eff. 1/1/2008.