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IL HB3352
Bill
Status
8/15/2025
Primary Sponsor
Kelly Cassidy
Click for details
AI Summary
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Defines "coerced debt" as debt incurred through fraud, duress, intimidation, force, coercion, undue influence, or non-consensual use of personal information between family/household members due to domestic violence, abuse, exploitation, or human trafficking (excludes debt secured by real property)
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Establishes that debtors are not liable for coerced debt and may assert this by submitting a written statement to the collection agency containing account information, facts about how the debt was incurred, and supporting documentation such as a police report, court order, or verification from a qualified third party
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Requires collection agencies to cease collection activities within 10 days of receiving a complete coerced debt statement and review the claim within 90 days; agencies must notify credit reporting agencies that the debt is disputed
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Creates an affirmative defense in lawsuits or arbitration for debtors claiming coerced debt, with the collection agency bearing the burden to disprove the defense by preponderance of evidence
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Holds perpetrators of coerced debt civilly liable for the full debt amount to collection agencies and for actual damages to debtors; collection agencies that violate these provisions face liability of up to $2,500 per debt plus court costs and attorney's fees
Legislative Description
COLLECTION AGENCY COERCED DEBT
Last Action
Public Act . . . . . . . . . 104-0297
8/15/2025