HB5097 101ST GENERAL ASSEMBLY

LRB101 18136 JLS 67576 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5097

Introduced 2/18/2020, by Rep. Dave Severin

SYNOPSIS AS INTRODUCED:

815 ILCS 413/5
815 ILCS 413/15

Amends the Telephone Solicitations Act. Bans the practice of call spoofing. Provides that call spoofing is the practice of failing to transmit or cause be transmitted the true telephone number.

A BILL FOR

AN ACT concerning business.

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

Section 5. The Telephone Solicitations Act is amended by changing Sections 5 and 15 as follows:

(815 ILCS 413/5)

Sec. 5. Definitions. For purposes of this Act:

"Caller ID" means the display to the recipient of the call of the caller's telephone number or identity.

"Call spoofing" means the practice of failing to transmit or cause to be transmitted the true telephone number and, if made available by the telemarketer's carrier, the name of the telemarketer to any caller identification service in use by a recipient of a telemarketing call; however, the name of the seller or charitable organization of behalf of which a telemarketing call is placed and the seller' or charitable organizations' telephone number that is answered during regular business hours may be substituted for the name and phone number used in, or billed for, making the call and not be "call spoofing".

"Emergency telephone number" means any telephone number which accesses or calls a fire department, law enforcement agency, ambulance, hospital, medical center, poison control center, rape crisis center, suicide prevention center, rescue service, the 911 emergency access number provided by law enforcement agencies and police departments.

"Subscriber" means:

(1) A person who has subscribed to telephone service from a telephone company; or

(2) Other persons living or residing with the subscribing person.

"Telephone solicitation" means any communication through the use of a telephone by live operators for soliciting the sale of goods or services.

(Source: P.A. 95-331, eff. 8-21-07.)

(815 ILCS 413/15)

Sec. 15. Method of operation.

(a) No person shall solicit the sale of goods or services in this State by placing a telephone call during the hours between 9 p.m. and 8 a.m.

(b) A live operator soliciting the sale of goods or services shall:

(1) immediately state his or her name, the name of the business or organization being represented, and the purpose of the call; and

(2) inquire at the beginning of the call whether the person called consents to the solicitation; and

(3) if the person called requests to be taken off the contact list of the business or organization, the operator must refrain from calling that person again and take all steps necessary to have that person's name and telephone number removed from the contact records of the business or organization so that the person will not be contacted again by the business or organization. Compliance with Section 310.4(b) of the Federal Trade Commission's Telemarketing Sales Rule shall constitute compliance with this subsection (b)(3) of this Section.

(c) A person may not solicit the sale of goods or services by telephone in a manner that impedes the function of any caller ID when the telephone solicitor's service or equipment is capable of allowing the display of the solicitor's telephone number.

(d) A person may not make or cause to be made any telephone solicitation in a manner that incorporates the practice of call spoofing.

(Source: P.A. 90-541, eff. 6-1-98; 91-182, eff. 1-1-00.)