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91_HB0157enr
HB0157 Enrolled LRB9100428JSgc
1 AN ACT concerning telephone solicitations, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Automatic Telephone Dialers Act is
6 amended by changing Sections 5, 15, 20, and 30 as follows:
7 (815 ILCS 305/5) (from Ch. 134, par. 105)
8 Sec. 5. Definitions. For purpose of this Act:
9 (a) "Autodialer" or "Autodialer System" means any
10 telephone dialing or accessing device, machine, computer or
11 system capable of storing telephone numbers which is
12 programmed to sequentially or randomly access the stored
13 telephone numbers in order to automatically connect a
14 telephone with a recorded message, the term does not include
15 any device associated with a burglar alarm system, voice
16 message system or fire alarm system.
17 (b) "Emergency Telephone Number" means any telephone
18 number which accesses or calls a fire department, law
19 enforcement agency, ambulance, hospital, medical center,
20 poison control center, rape crisis center, suicide prevention
21 center, rescue service, the 911 emergency access number
22 provided by law enforcement agencies and police departments.
23 (c) "Recorded Message" means any taped communication
24 soliciting the sale of goods or services without live voice
25 interaction.
26 (d) "Voice Messaging System" means any message delivery
27 service which utilizes an autodialer to deliver
28 non-commercial messages to domestic and international
29 recipients.
30 (e) "Subscriber" means:
31 (1) A person who has subscribed to telephone
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1 service from a telephone company; or
2 (2) Other persons living or residing with the
3 subscribing person.
4 (f) "Caller ID" means the display to the recipient of
5 the call the caller's telephone number or identity.
6 (Source: P.A. 87-275.)
7 (815 ILCS 305/15) (from Ch. 134, par. 115)
8 Sec. 15. Method of operation.
9 (a) No person shall operate an autodialer in this State
10 to place a telephone call during the hours between 9 p.m. and
11 9 a.m.
12 (b) All autodialers operated within the State of
13 Illinois shall disconnect within 30 seconds after termination
14 of the call by the subscriber or the autodialer. Where
15 disconnection in 30 seconds is technically not feasible, the
16 autodialer shall utilize a live operator who shall:
17 (1) state his name, the name, address and telephone
18 number of the business or organization being represented
19 and the purpose of the call; and
20 (2) inquire at the beginning of the call whether
21 the person called consents to hear the prerecorded
22 message.
23 (c) An autodialer shall not be used to dial numbers
24 determined by successively increasing or decreasing integers.
25 (d) An autodialer may not be operated in a manner that
26 impedes the function of any caller ID when the telephone
27 solicitor's service or equipment is capable of allowing the
28 display of the solicitor's telephone number.
29 (Source: P.A. 87-275; 87-895.)
30 (815 ILCS 305/20) (from Ch. 134, par. 120)
31 Sec. 20. Exemptions.
32 (a) Except as provided in subsection (b), the provisions
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1 of this Act shall not apply to the following types of
2 telephone calls made by an autodialer:
3 (1) calls made in response to an express request of
4 the person called;
5 (2) calls made to any person with whom the
6 telephone solicitor has a prior or existing business
7 relationship;
8 (3) a telephone call placed on behalf of any
9 political, charitable, public opinion polling, research
10 survey, or radio or television broadcast rating
11 organization.
12 (b) Notwithstanding the provisions of subsection (a),
13 all calls made by an autodialer must be made in compliance
14 with the requirements of subsection (d) of Section 15.
15 (Source: P.A. 87-275; 87-895.)
16 (815 ILCS 305/30) (from Ch. 134, par. 130)
17 Sec. 30. Violations.
18 (a) It is shall be a violation of this Act to make or
19 cause to be made telephone calls utilizing an autodialer to
20 any emergency telephone number as defined in Section 5 of
21 this Act. It is a violation of this Act to make or cause to
22 be made telephone calls utilizing an autodialer in a manner
23 that does not comply with Section 15.
24 (b) It is shall be a violation of this Act Section to
25 play a prerecorded message placed by an autodialer without
26 the consent of the called party.
27 (c) Enforcement by customer. Any customer injured by a
28 violation of this Act may bring an action for the recovery of
29 damages. Judgment may be entered for 3 times the amount at
30 which the actual damages are assessed, plus costs and
31 reasonable attorney fees.
32 (d) Enforcement by Attorney General. Violation of any of
33 the provisions of this Act is an unlawful practice under
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1 Section 2Z 20 of the Consumer Fraud and Deceptive Business
2 Practices Act. All remedies, penalties and authority granted
3 to the Attorney General by that Act shall be available to him
4 for the enforcement of this Act. In any action brought by the
5 Attorney General to enforce this Act, the court may order
6 that persons who incurred actual damages be awarded the
7 amount at which actual damages are assessed.
8 (Source: P.A. 87-275.)
9 Section 10. The Telephone Solicitations Act is amended
10 by changing Sections 5, 15, 20, 23, and 25 as follows:
11 (815 ILCS 413/5)
12 Sec. 5. Definitions. For purposes of this Act:
13 "Caller ID" means the display to the recipient of the
14 call the caller's telephone number or identity.
15 (a) "Emergency telephone number" means any telephone
16 number which accesses or calls a fire department, law
17 enforcement agency, ambulance, hospital, medical center,
18 poison control center, rape crisis center, suicide prevention
19 center, rescue service, the 911 emergency access number
20 provided by law enforcement agencies and police departments.
21 (b) "Subscriber" means:
22 (1) A person who has subscribed to telephone
23 service from a telephone company; or
24 (2) Other persons living or residing with the
25 subscribing person.
26 (c) "Telephone solicitation" means any communication
27 through the use of a telephone by live operators for
28 soliciting the sale of goods or services.
29 (Source: P.A. 90-541, eff. 6-1-98.)
30 (815 ILCS 413/15)
31 Sec. 15. Method of operation.
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1 (a) No person shall solicit the sale of goods or
2 services in this State by placing a telephone call during the
3 hours between 9 p.m. and 8 a.m.
4 (b) A live operator soliciting the sale of goods or
5 services shall:
6 (1) immediately state his or her name, the name of
7 the business or organization being represented, and the
8 purpose of the call; and
9 (2) inquire at the beginning of the call whether
10 the person called consents to the solicitation; and
11 (3) if the person called requests to be taken off
12 the contact list of the business or organization, the
13 operator must refrain from calling that person again and
14 take all steps necessary to have that person's name and
15 telephone number removed from the contact records of the
16 business or organization so that the person will not be
17 contacted again by the business or organization.
18 Compliance with Section 310.4(b) of the Federal Trade
19 Commission's Telemarketing Sales Rule shall constitute
20 compliance with this subsection (b)(3) of this Section.
21 (c) A person may not solicit the sale of goods or
22 services by telephone in a manner that impedes the function
23 of any caller ID when the telephone solicitor's service or
24 equipment is capable of allowing the display of the
25 solicitor's telephone number.
26 (Source: P.A. 90-541, eff. 6-1-98.)
27 (815 ILCS 413/20)
28 Sec. 20. Exemptions.
29 (a) Except as provided in subsection (b), the provisions
30 of this Act shall not apply to telephone calls made by an
31 autodialer. The provisions of this Act do not apply to
32 telephone calls made by a person who is a registered dealer,
33 registered investment adviser, or registered salesperson
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1 under Section 8 of the Illinois Securities Law of 1953 or who
2 is registered as a broker-dealer, registered representative,
3 or salesperson of a broker-dealer under the federal
4 securities laws, when performing acts within the scope of
5 that registration.
6 (b) Notwithstanding the provisions of subsection (a),
7 all telephone calls must be made in compliance with the
8 requirements of subsection (c) of Section 15.
9 (Source: P.A. 88-288.)
10 (815 ILCS 413/23)
11 Sec. 23. Limited exemption.
12 (a) Except as provided in subsection (b), the provisions
13 of this Act shall not apply to any licensed insurance
14 company, its licensed employees or agents when performing
15 acts within the scope of their licenses in relation to
16 existing customers or policyholders, or employees of licensed
17 agents.
18 (b) Notwithstanding the provisions of subsection (a),
19 all telephone calls must be made in compliance with the
20 requirements of subsection (c) of Section 15.
21 (Source: P.A. 88-288.)
22 (815 ILCS 413/25)
23 Sec. 25. Violations.
24 (a) It is shall be a violation of this Act to make or
25 cause to be made telephone calls to any emergency telephone
26 number as defined in Section 5 of this Act. It is a violation
27 of this Act to make or cause to be made telephone calls in a
28 manner that does not comply with Section 15.
29 (b) It is shall be a violation of this Act Section to
30 continue with a solicitation placed by a live operator
31 without the consent of the called party.
32 (c) Enforcement by customer. Any customer injured by a
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1 violation of this Act may bring an action for the recovery of
2 damages. Judgment may be entered for 3 times the amount at
3 which the actual damages are assessed, plus costs and
4 reasonable attorney fees.
5 (d) Enforcement by Attorney General. Violation of any of
6 the provisions of this Act is an unlawful practice under
7 Section 2Z of the Consumer Fraud and Deceptive Business
8 Practices Act. All remedies, penalties, and authority granted
9 to the Attorney General by that Act shall be available to him
10 for the enforcement of this Act. In any action brought by the
11 Attorney General to enforce this Act, the court may order
12 that persons who incurred actual damages be awarded the
13 amount at which actual damages are assessed.
14 (Source: P.A. 88-288.)
15 Section 99. Effective date. This Act takes effect
16 January 1, 2000.
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