Rep. Matt Hanson
Filed: 4/2/2024
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1 | AMENDMENT TO HOUSE BILL 5566 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5566 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 5. The Telephone Solicitations Act is amended by | ||||||
5 | changing Sections 5 and 15 and by adding Section 16 as follows: | ||||||
6 | (815 ILCS 413/5) | ||||||
7 | Sec. 5. Definitions. For purposes of this Act: | ||||||
8 | "Caller ID" means the display to the recipient of the call | ||||||
9 | of the caller's telephone number or identity. | ||||||
10 | "Emergency telephone number" means any telephone number | ||||||
11 | which accesses or calls a fire department, law enforcement | ||||||
12 | agency, ambulance, hospital, medical center, poison control | ||||||
13 | center, rape crisis center, suicide prevention center | ||||||
14 | (including the 9-8-8 suicide and crisis lifeline) , rescue | ||||||
15 | service, and the 911 emergency access number provided by law | ||||||
16 | enforcement agencies and police departments. |
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1 | "Subscriber" means: | ||||||
2 | (1) A person who has subscribed to telephone service | ||||||
3 | from a telephone company; or | ||||||
4 | (2) Other persons living or residing with the | ||||||
5 | subscribing person ; or . | ||||||
6 | (3) Other persons who receive telephone service under | ||||||
7 | a subscription agreement entered into by a subscribing | ||||||
8 | person. | ||||||
9 | "Telephone solicitation" means any communication through | ||||||
10 | the use of a telephone by live operators for soliciting the | ||||||
11 | sale of goods or services. | ||||||
12 | (Source: P.A. 95-331, eff. 8-21-07.) | ||||||
13 | (815 ILCS 413/15) | ||||||
14 | Sec. 15. Method of operation. | ||||||
15 | (a) No person shall solicit the sale of goods or services | ||||||
16 | in this State by placing a telephone call during the hours | ||||||
17 | between 9 p.m. and 8 a.m. | ||||||
18 | (b) A live operator soliciting the sale of goods or | ||||||
19 | services shall: | ||||||
20 | (1) immediately state his or her name, the name of the | ||||||
21 | business or organization being represented, and the | ||||||
22 | purpose of the call; and | ||||||
23 | (2) inquire at the beginning of the call whether the | ||||||
24 | person called consents to the solicitation; and | ||||||
25 | (3) if the person called requests to be taken off the |
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1 | contact list of the business or organization, the operator | ||||||
2 | must refrain from calling that person again and take all | ||||||
3 | steps necessary to have that person's name and telephone | ||||||
4 | number removed from the contact records of the business or | ||||||
5 | organization so that the person will not be contacted | ||||||
6 | again by the business or organization. Compliance with | ||||||
7 | Section 310.4(b) of the Federal Trade Commission's | ||||||
8 | Telemarketing Sales Rule shall constitute compliance with | ||||||
9 | this subsection (b)(3) of this Section. | ||||||
10 | (c) A person may not solicit the sale of goods or services | ||||||
11 | by telephone in a manner that impedes the function of any | ||||||
12 | caller ID when the telephone solicitor's service or equipment | ||||||
13 | is capable of allowing the display of the solicitor's | ||||||
14 | telephone number , including transmitting or causing to be | ||||||
15 | transmitted misleading or inaccurate caller ID information | ||||||
16 | with the intent to defraud . | ||||||
17 | (d) No person shall make a telephone solicitation, | ||||||
18 | including a call made through automated dialing or a recorded | ||||||
19 | message, by intentionally altering the voice of the caller in | ||||||
20 | an attempt to disguise or conceal the identity of the caller in | ||||||
21 | order to: | ||||||
22 | (1) defraud, confuse, or financially or otherwise | ||||||
23 | injure the called party; or | ||||||
24 | (2) obtain personal information from the called party | ||||||
25 | that may be used in a fraudulent or unlawful manner. | ||||||
26 | (Source: P.A. 90-541, eff. 6-1-98; 91-182, eff. 1-1-00.) |
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1 | (815 ILCS 413/16 new) | ||||||
2 | Sec. 16. Registration required for telephone solicitors. | ||||||
3 | (a) A person shall not make or cause to be made, or attempt | ||||||
4 | to make or cause to be made, a telephone call soliciting the | ||||||
5 | sale of goods or services to a person in this State unless the | ||||||
6 | person soliciting the sale of goods or services is registered | ||||||
7 | with or employed by a person who is registered with the | ||||||
8 | Illinois Commerce Commission. | ||||||
9 | (b) Every person who makes telephone calls soliciting the | ||||||
10 | sale of goods, including a person whose residence or principal | ||||||
11 | place of business is located outside of this State, shall | ||||||
12 | annually register with the Illinois Commerce Commission. | ||||||
13 | Application for registration shall be on a form prescribed by | ||||||
14 | the Illinois Commerce Commission and shall include the name | ||||||
15 | and address of the applicant and any other information that | ||||||
16 | the Illinois Commerce Commission shall designate by rule. The | ||||||
17 | application shall be accompanied by a reasonable fee, set by | ||||||
18 | the Illinois Commerce Commission in an amount sufficient to | ||||||
19 | offset the Illinois Commerce Commission's expenses incurred in | ||||||
20 | administering the provisions of this Section. | ||||||
21 | (c) After providing notice and the opportunity to be | ||||||
22 | heard, the Illinois Commerce Commission may refuse to issue or | ||||||
23 | renew or revoke any registration for a violation of the | ||||||
24 | provisions of this Act. A refusal or revocation shall not be | ||||||
25 | made except upon reasonable notice to, and opportunity to be |
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1 | heard by, the applicant or registrant. The Illinois Commerce | ||||||
2 | Commission may suspend a registration for a reasonable period | ||||||
3 | of time or assess a civil penalty instead of suspension at the | ||||||
4 | discretion of the Illinois Commerce Commission. | ||||||
5 | (d) The Illinois Commerce Commission shall adopt rules to | ||||||
6 | implement and administer this Section. ". |