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.
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Terms Used In Illinois Compiled Statutes 225 ILCS 429/145

  • Contract: A legal written agreement that becomes binding when signed.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
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