HB 1527

Abstract

Amends the Illinois Vehicle Code. Defines "disablement technology" as any instrument, device, machine, or equipment, whether software or hardware, that can be used to disable the starter of a motor vehicle, prevent fuel from flowing to the engine, prevent electricity from flowing to the engine, or otherwise prevent the vehicle from being started or driven by a person. Provides that disablement technology shall not be used as an aid to the physical retrieval of a vehicle as part of repossession or as a consequence for nonpayment under a retail installment contract or other instrument. Provides that a violation is an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Provides that a consumer whose vehicle is subject to the activation of disablement technology may bring an action against an activating person or entity for damages of $1,000 per month per violation plus actual damages and attorney's fees. Provides that disablement technology may be offered for sale or sold only for antitheft purposes, either on its own or for an additional fee in connection with the purchase of a motor vehicle. Requires a motor vehicle dealer that sells a motor vehicle containing disablement technology to comply with specified requirements. Provides that data generated or stored by disablement technology as the result of a consumer's vehicle usage is the personal property of the consumer, and the consumer is entitled to all profits and other benefits flowing from the sharing or sale of the data. Provides that data generated or stored by disablement technology that is installed in a consumer's vehicle, and data transmitted by or through the disablement technology that relates to the consumer or the consumer's use of a motor vehicle, may not be sold or otherwise shared with any third parties except as required by federal, State, or local law, or required by court order. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act. House Floor Amendment No. 2 Provides that knowingly installing or using disablement technology in violation of the Code is an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Provides that an assignee or successor in interest to a retail installment contract or other instrument who did not install, authorize, or ratify the installation of the disablement technology in a consumer's vehicle may not be held liable for the prior contract holder's installation of disablement technology unless the technology is activated or the consumer is threatened with activation by the assignee or successor in interest. Provides that the required disclosure by any motor vehicle dealer that sells a motor vehicle containing disablement technology shall contain a statement that the disablement technology will not be used or activated by the motor vehicle dealer, lender, or any other party as part of a repossession or as a consequence of nonpayment of a retail installment contract or other instrument (rather than similar agreement).