Public Act 098-0546
 
SB2136 EnrolledLRB098 06596 WGH 36639 b



    AN ACT concerning business.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 




 
 
    Section 5. The Automatic Telephone Dialers Act is amended  
by changing Section 30 and  by adding Section 22 as follows:
 
    (815 ILCS 305/22 new)
    Sec. 22. Recordkeeping.
    (a) A person who operates an autodialer to communicate a 
commercial message shall maintain a list of all telephone 
numbers called.
    (b) A person who operates an autodialer to communicate a 
commercial message shall maintain records to sufficiently 
document any exemption claimed under Section 20 of this Act.
 



    (815 ILCS 305/30)  (from Ch. 134, par. 130)



    Sec. 30. Violations. 

    (a) It is a violation of this Act to make or cause to be

made
telephone calls utilizing an autodialer to any emergency 
telephone number
as defined in Section 5.
It is a violation of 
this Act to make or cause to be made telephone calls
utilizing 
an autodialer in a manner that does not comply with Section 15.

    (b) It is a violation of this Act to play a
prerecorded

message placed by an autodialer without the consent of the 
called party.

    (c) Enforcement by customer. Any customer injured by a 
violation of this
Act may bring an action for the recovery of 
damages. Judgment may be
entered for 3 times the amount at 
which the actual damages are assessed,
plus costs and 
reasonable attorney fees.

    (c-5) In addition to the damages authorized under 
subsection (c), a consumer may obtain statutory damages in the 
amount of $500 per violation. 
    (d) Enforcement by Attorney General. Violation of any of 
the provisions
of this Act is an unlawful practice under 
Section 2Z of the Consumer
Fraud
and Deceptive Business 
Practices Act. All remedies, penalties and authority
granted to 
the Attorney General by that Act shall be available to him for

the enforcement of this Act. In any action brought by the 
Attorney General
to enforce this Act, the court may order that 
persons who incurred actual
damages be awarded the amount at 
which actual damages are assessed. In addition to actual 
damages, a court may order that each person who received a call 
in violation of this Act be awarded statutory damages in the 
amount of $500 per violation. 

(Source: P.A. 91-182, eff. 1-1-00.)

 
    Section 10. The Restricted Call Registry Act is amended  by 
adding Sections 45 and 50 as follows:
 
    (815 ILCS 402/45 new)
    Sec. 45. Recordkeeping.
    (a) A person who makes or causes to be made calls to 
communicate a commercial message subject to this Act shall 
maintain a list of all telephone numbers called.
    (b) A person who makes or causes to be made calls to 
communicate a commercial message subject to this Act shall 
maintain records to sufficiently document any exemption 
claimed under Section 40 of this Act for a period of 24 months 
from the date the call is made.
 
    (815 ILCS 402/50 new)
    Sec. 50. Enforcement by residential subscriber.Any 
residential subscriber who receives a call in violation of this 
Act may bring an action for the recovery of damages. In 
addition to actual damages, if any, the subscriber may obtain 
statutory damages in the amount of $500 per violation. No 
action or proceeding may be brought more than one year after 
(1) the person bringing the action knew or should have known of 
the alleged violation or (2) the termination of any proceeding 
or action brought pursuant to Section 35 that arises out of the 
same violation.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.