Illinois has passed a law governing debt collection which closely tracks the FDCPA. Illinois law applies only to debt collectors, debt buyers, and debt collection agencies – it does not apply to original creditors, attorneys, banks, real estate agents, and insurance companies.
Illinois law requires collectors to pay a fee and obtain a license to collect debts. It also bars harassing and abusive conduct by collectors, along the same lines as the conduct prohibited under Federal law. For example, under Illinois law collectors cannot use threats, abusive language, or public disclosures of the debt. Collectors also cannot call at inconvenient times, contact a debtor’s employer if the employer does not permit such calls, or communicate in a way that reveals the existence of the alleged debt to third parties.
Illinois law does not specifically grant a victim the right to sue the collector, and it is unclear whether such lawsuits are permitted. However, Illinois residents can bring a legal action under the FDCPA. If you believe that a collector has behaved inappropriately while attempting to collect a debt from you in Illinois, our attorneys can help you to determine whether the FDCPA or Illinois law provides you with a legal remedy.
To learn more about the FDPCA, go to Federal Debt Collection Practices Act.
Illinois Compiled Statute, Chapter 225, Section 425, (225 ILCS 425/1).
