SB0160eng 103RD GENERAL ASSEMBLY

SB0160 Engrossed LRB103 27007 SPS 53374 b

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.

"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.

"Spoof" or "spoofing" means to deliberately falsify the information transmitted on a caller ID display to disguise an identity or phone number.

"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 paragraph subsection (b)(3) of this Section.

(b-5) Any telephone call soliciting the sale of goods or services placed in a manner other than by live operator shall:

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

(2) prompt the person called to confirm whether the person consents to solicitation, either by audio confirmation or selection of a number on the phone; and

(3) if the person called does not consent to solicitation, 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 paragraph.

(c) A person, business, or organization 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, business, or organization may not spoof a caller's information or otherwise cause misleading information to be transmitted to a recipient's caller ID or to otherwise misrepresent the origin of a telemarketing call, unless the person, business, or organization has a right to use the name and the phone number displayed.

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