HB5593 103RD GENERAL ASSEMBLY

LRB103 38883 SPS 69020 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5593

Introduced 2/9/2024, by Rep. Hoan Huynh

SYNOPSIS AS INTRODUCED:

815 ILCS 413/15
815 ILCS 413/20
815 ILCS 413/25

Amends the Telephone Solicitations Act. Provides that a live operator soliciting the sale of goods or services shall immediately state the name and telephone number (rather than the name) of the business or organization being represented. Provides that a live operator shall disclose his or her mailing address and the business or organization being represented on any website owned or operated by the live operator and on any written communications to a customer. Provides that the provisions of the Act shall not apply to a live operator who makes a residential marketing telephone call in response to a customer's telephone call or contact with the website of the business or organization being represented if the customer affirmatively requests a follow-up telephone call or other contact from the business or organization being represented. Provides that specified violations of the Act are a Class C misdemeanor.

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 15, 20, and 25 as follows:

(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 and telephone number 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-5) A live operator described in subsection (b) shall disclose his or her mailing address and the business or organization being represented on any website owned or operated by the live operator and on any written communications to a customer.

(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.

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

(815 ILCS 413/20)

Sec. 20. Exemptions.

(a) Except as provided in subsection (b), the provisions of this Act shall not apply to telephone calls made by an autodialer. The provisions of this Act do not apply to telephone calls made by a person who is a registered dealer, registered investment adviser, or registered salesperson under Section 8 of the Illinois Securities Law of 1953 or who is registered as a broker-dealer, registered representative, or salesperson of a broker-dealer under the federal securities laws, when performing acts within the scope of that registration. The provisions of this Act shall not apply to a live operator who makes a residential marketing telephone call in response to a customer's telephone call or contact with the website of the business or organization being represented if the customer affirmatively requests a follow-up telephone call or other contact from the business or organization being represented.

(b) Notwithstanding the provisions of subsection (a), all telephone calls must be made in compliance with the requirements of subsection (c) of Section 15.

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

(815 ILCS 413/25)

Sec. 25. Violations.

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

(b) It is a violation of this Act to continue with a solicitation placed by a live operator without the consent of the called party.

(c) It is an unlawful act or practice and a violation of this Act for any person engaged in telephone solicitation to obtain or submit for payment a check, draft, or other form of negotiable paper drawn on a person's checking, savings, or other account or on a bond without the person's express written consent.

(c-5) In addition to any other penalties provided by law, any person who violates the provisions of paragraph (1) of subsection (b) of Section 15 shall be guilty of a Class C misdemeanor.

(d) 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.

(e) 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.

(Source: P.A. 91-182, eff. 1-1-00; 91-761, eff. 1-1-01.)