HB4588 97TH GENERAL ASSEMBLY

LRB097 17946 JLS 63169 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4588

Introduced , by Rep. William Cunningham

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2NNN new

Amends the Consumer Fraud and Deceptive Business Practices Act. Requires distributors of yellow pages phone books to establish and maintain opt-out registries to provide a mechanism for residents and businesses to register and indicate that they do not wish to receive yellow pages phone book deliveries. Provides that a violation constitutes an unlawful practice. Authorizes the Attorney General to promulgate reasonable and necessary rules.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning business practices.

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

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2NNN as follows:

(815 ILCS 505/2NNN new)

Sec. 2NNN. Distribution of yellow pages phone books.

(a) As used in this Section:

"Distributor" means a person or organization engaged in the business of arranging for the distribution of yellow pages phone books in this State and includes those persons or organizations who are primarily responsible for arranging for the publication and distribution of the yellow pages phone books and whose income is derived, at least in part, from the advertising contained in the yellow pages phone books. The term "distributor" does not include those individuals whose role in the distribution of yellow pages phone books is limited to making physical delivery of the yellow pages phone books.

"Distribution" means the unsolicited delivery of more than 4 tons annually of yellow pages phone books to the addresses of residents and businesses within this State, but does not include the delivery of yellow pages phone books by membership organizations to their members or to other residents or businesses requesting or expressly accepting delivery.

"Membership organization" means an organization that is organized and operated primarily or exclusively for the purpose of providing services or benefits to a designated group of members (identified, for example, by having to pay membership dues or participating in membership events).

"Yellow pages phone book" means a publication that consists primarily of a listing of business names and telephone numbers and contains advertising for at least some of those businesses (commonly, but not necessarily, printed on yellow paper).

(b) Distributors shall establish and maintain an opt-out registry to provide a mechanism for residents and businesses to register and indicate that they do not wish to receive yellow pages phone book deliveries. The registry shall maintain a list of the addresses of all residents and businesses that have indicated that they do not wish to receive yellow pages phone book deliveries. The registry shall be conveniently accessible to all residents and businesses and provide for notification by mail, telephone, email, and online registration. The addresses of residents and businesses that have registered with the opt-out registry indicating that they do not wish to receive yellow pages phone book deliveries shall remain on the registry until they move or notify the registry that they wish to be removed from the opt-out registry.

Distributors shall not make delivery of yellow pages phone books to the addresses of residents and businesses that registered with the opt-out registry more than 30 days before the date of delivery indicating that they do not wish to receive yellow pages phone book deliveries.

Distributors shall prominently and conspicuously display on a portion of the front cover of each yellow pages phone book distributed the telephone number, website address, and mailing address that residents and businesses may use to notify distributors that they do not wish to receive yellow pages phone book deliveries.

Distributors shall also prominently and conspicuously display on their websites a link to the opt-out registry together with information regarding the process for residents and businesses to opt out of receiving delivery of yellow pages phone books.

Distributors shall retain the list of opt-out addresses from the opt-out registry that was used at the time of delivery.

Distributors shall ensure that the content of all yellow pages phone books, and any materials included therewith, distributed within the State are recyclable.

(c) Failure of a distributor to comply with any provision of this Section is an unlawful practice within the meaning of this Act.

(d) In accordance with the Illinois Administrative Procedure Act, the Attorney General may adopt rules that are reasonable and necessary for the administration and enforcement of this Section.