HB5566ham001 103RD GENERAL ASSEMBLY

Rep. Matt Hanson

Filed: 4/2/2024

10300HB5566ham001 LRB103 39525 SPS 71565 a

AMENDMENT TO HOUSE BILL 5566

AMENDMENT NO. ______. Amend House Bill 5566 by replacing everything after the enacting clause with the following:

"Section 5. The Telephone Solicitations Act is amended by changing Sections 5 and 15 and by adding Section 16 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 (including the 9-8-8 suicide and crisis lifeline), rescue service, and 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; or .

(3) Other persons who receive telephone service under a subscription agreement entered into by a 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, including transmitting or causing to be transmitted misleading or inaccurate caller ID information with the intent to defraud.

(d) No person shall make a telephone solicitation, including a call made through automated dialing or a recorded message, by intentionally altering the voice of the caller in an attempt to disguise or conceal the identity of the caller in order to:

(1) defraud, confuse, or financially or otherwise injure the called party; or

(2) obtain personal information from the called party that may be used in a fraudulent or unlawful manner.

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

(815 ILCS 413/16 new)

Sec. 16. Registration required for telephone solicitors.

(a) A person shall not make or cause to be made, or attempt to make or cause to be made, a telephone call soliciting the sale of goods or services to a person in this State unless the person soliciting the sale of goods or services is registered with or employed by a person who is registered with the Illinois Commerce Commission.

(b) Every person who makes telephone calls soliciting the sale of goods, including a person whose residence or principal place of business is located outside of this State, shall annually register with the Illinois Commerce Commission. Application for registration shall be on a form prescribed by the Illinois Commerce Commission and shall include the name and address of the applicant and any other information that the Illinois Commerce Commission shall designate by rule. The application shall be accompanied by a reasonable fee, set by the Illinois Commerce Commission in an amount sufficient to offset the Illinois Commerce Commission's expenses incurred in administering the provisions of this Section.

(c) After providing notice and the opportunity to be heard, the Illinois Commerce Commission may refuse to issue or renew or revoke any registration for a violation of the provisions of this Act. A refusal or revocation shall not be made except upon reasonable notice to, and opportunity to be heard by, the applicant or registrant. The Illinois Commerce Commission may suspend a registration for a reasonable period of time or assess a civil penalty instead of suspension at the discretion of the Illinois Commerce Commission.

(d) The Illinois Commerce Commission shall adopt rules to implement and administer this Section.".