Service Appointment Fairness Act (815 ILCS 450/)

Chapter 815 — Business Transactions

Transactions

This text is maintained by the Legislative Reference Bureau for legislative drafting purposes and is NOT the official text of the Illinois Compiled Statutes; the only official copy is the printed copy maintained by the Secretary of State.

Sec. 1. Short title

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 1. Short title. This Act may be cited as the Service Appointment Fairness Act.

(Source: P.A. 104-656, eff. 1-1-27.)

Sec. 5. Service appointment times

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 5. Service appointment times.

(a) If a person provides a service to a consumer, including a repair or installation service, and the provision of the service requires entry to the consumer's dwelling or requires the consumer to be present at the consumer's property for the service to be provided, the service provider shall:

(1) schedule an appointment with the consumer; and

(2) provide the consumer with reasonable notice of an estimated time or range of times during which the service provider will arrive to provide the service.

(b) If the estimated range of time provided under paragraph (2) of subsection (a) exceeds 2 hours, the service provider shall notify the consumer by telephone no later than one hour before the service provider's anticipated arrival time. The notice shall state the specific time at which the service provider expects to arrive. If the consumer does not answer the telephone, the service provider may leave a voicemail message to satisfy the requirements of this subsection.

(c) If the provider fails to satisfy the requirements of paragraph (2) of subsection (a), fails to satisfy the requirements of subsection (b), or fails to arrive within 30 minutes of the time stated in the telephone call or voicemail message as provided in subsection (b), the provider shall not charge the consumer any fee or additional charge if the consumer is not present when the service provider arrives.

(Source: P.A. 104-656, eff. 1-1-27.)

Sec. 10. Enforcement

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 10. Enforcement.

(a) The Attorney General or the State's Attorney of any county in this State may bring an action in the name of the People of this State against any person to restrain and prevent any pattern or practice in violation of subsection (c) of Section 5. In the enforcement of subsection (c) of Section 5, the Attorney General or the State's Attorney may accept an assurance of voluntary compliance from anyone engaged in any conduct, act, or practice deemed in violation of subsection (c) of Section 5. Failure to perform the terms of any such assurance constitutes prima facie evidence of a violation of subsection (c) of Section 5.

(b) A violation of subsection (c) of Section 5 constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General or the State's Attorney by the Consumer Fraud and Deceptive Business Practices Act shall be available to the Attorney General or the State's Attorney for the enforcement of subsection (c) of Section 5.

(Source: P.A. 104-656, eff. 1-1-27.)

Sec. 15. Action for actual damages

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 15. Action for actual damages. Any person who suffers actual damage as a result of a violation of subsection (c) of Section 5 may bring an action under Section 10a of the Consumer Fraud and Deceptive Business Practices Act.

(Source: P.A. 104-656, eff. 1-1-27.)

Sec. 90.

(Amendatory provisions; text omitted).

(Source: P.A. 104-656, eff. 1-1-27; text omitted.)