DeKALB | A bill in the Illinois legislature could help cell phone customers who have dealt their share of cellular “lemons.”

House Bill 1958 amends the Consumer Fraud and Deceptive Businesses Practices Act to allow wireless customers to cancel their contracts if phone problems persist.

“The cell phone lemon law was created to protect customers who continuously have defective phones issued to them,” said the bill’s creator, State Rep. Susana Mendoza (D-1st District). “If something happens with the phone three times or more, they can exit their contract.”

The bill allows for “three strikes” against a wireless company. After the third problem, a customer can choose to cancel their contract or get a new phone model.

Mendoza herself has dealt with her own cell phone problems.

“Most people have nightmare stories about their phone,” Mendoza said. “What we’re trying to do here is give customers a choice in their phone provider. There are problems beyond their own doing, and [customers] are limited in what they can do.”

Those who cancel their contract after the “third strike” would not have to pay the penalty, which can be as much as $200.

“I think the bill sends a message to these companies that they’re not doing their job responding to consumer concerns,” said Steve Brown, spokesperson for Michael Madigan, Illinois Speaker of the House.

Wireless companies have been vocal in their opposition of the bill, Brown said.

Joseph Farren, director of public affairs for CTIA – The Wireless Association, said it is a rare exception for a wireless device to malfunction.

“I would question if there’s any kind of need for this legislation,” Farren said. “Because of competition, no company has an interest in putting forward anything but an exceptional product.”

Though the bill passed in the House on April 27, Mendoza is worried the wireless company lobbyists might prove to be too powerful a force for the consumer-friendly bill.

“The telephone lobby is really strong down here, and because of the close relationship between the companies and the representatives, the little guy doesn’t always win,” Mendoza said.

Because the bill passed in the House, Brown doesn’t see the lobby presence as a threat.

“It’s a pretty good indication that all that stuff about lobbyists isn’t always right,” Brown said.

The bill is on the docket for the Senate.