[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB1836
815 ILCS 413/12 new
815 ILCS 413/25
Amends the Telephone Solicitation Act. Provides that a
subscriber may notify his or her provider of local
telecommunications service of his or her general refusal to
consent to receive telephone solicitations at a specified
telephone number. Requires a provider of local
telecommunications service to make available, upon request,
to any person or firm engaged in making telephone
solicitations a current list of all telephone numbers with
respect to which subscribers have notified that
telecommunications service provider of their general refusal
to consent to telephone solicitations. Beginning January 1,
1998, prohibits the making of a telephone solicitation to a
telephone number with respect to which a person has notified
his or her provider of local telecommunications service of
his or her general refusal to consent to receive telephone
solicitations. Makes violation a business offense punishable
by a fine of no less than $100 and no more than $500.
Effective immediately.
LRB9004805EGfg
LRB9004805EGfg
1 AN ACT to amend the Telephone Solicitations Act by adding
2 Section 12 and changing Section 25.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Telephone Solicitations Act is amended by
6 adding Section 12 and changing Section 25 as follows:
7 (815 ILCS 413/12 new)
8 Sec. 12. General refusal of consent to solicitations.
9 (a) A subscriber may notify his or her provider of local
10 telecommunications service of his or her general refusal to
11 consent to receive telephone solicitations at a specified
12 telephone number. A provider of local telecommunications
13 service shall make available, upon request, to any person or
14 firm engaged in making telephone solicitations a current list
15 of all telephone numbers with respect to which subscribers
16 have notified that telecommunications service provider of
17 their general refusal to consent to telephone solicitations.
18 (b) Beginning January 1, 1998, it is a violation of this
19 Act for any person to make or cause to be made a telephone
20 solicitation to a telephone number with respect to which a
21 person has notified his or her provider of local
22 telecommunications service of his or her general refusal to
23 consent to receive telephone solicitations.
24 (815 ILCS 413/25)
25 Sec. 25. Violations.
26 (a) It shall be a violation of this Act to make or cause
27 to be made telephone calls to any emergency telephone number
28 as defined in Section 5 of this Act.
29 (a-5) Violation of subsection (b) of Section 12 of this
30 Act is a business offense punishable by a fine of no less
-2- LRB9004805EGfg
1 than $100 and no more than $500. Each telephone solicitation
2 made in violation of that subsection constitutes a separate
3 offense.
4 (b) It shall be a violation of this Section to continue
5 with a solicitation placed by a live operator without the
6 consent of the called party.
7 (c) Enforcement by customer. Any customer injured by a
8 violation of this Act may bring an action for the recovery of
9 damages. Judgment may be entered for 3 times the amount at
10 which the actual damages are assessed, plus costs and
11 reasonable attorney fees.
12 (d) Enforcement by Attorney General. Violation of any of
13 the provisions of this Act is an unlawful practice under
14 Section 2Z of the Consumer Fraud and Deceptive Business
15 Practices Act. All remedies, penalties, and authority granted
16 to the Attorney General by that Act shall be available to him
17 for the enforcement of this Act. In any action brought by the
18 Attorney General to enforce this Act, the court may order
19 that persons who incurred actual damages be awarded the
20 amount at which actual damages are assessed.
21 (Source: P.A. 88-288.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.