093_SB1125sam001

 










                                     LRB093 10164 RLC 14340 a

 1                    AMENDMENT TO SENATE BILL 1125

 2        AMENDMENT NO.     .  Amend Senate Bill 1125 as follows:

 3    by replacing everything after the enacting  clause  with  the
 4    following:

 5        "Section  5.  The Restricted Call Registry Act is amended
 6    by changing Section 5 as follows:

 7        (815 ILCS 402/5)
 8        Sec. 5.  Definitions. As used in this Act:
 9        (a)  "Residential subscriber" means a  person  or  spouse
10    who  has  subscribed  to either residential telephone service
11    from a local exchange company or public mobile  services,  as
12    defined  by  Section  13-214  of  the Public Utilities Act, a
13    guardian  of  the  person  or  the  person's  spouse,  or  an
14    individual who has power of attorney from  or  an  authorized
15    agent of the person or the person's spouse.
16        (b)  "Established    business   relationship"   means   a
17    relationship between a person or  entity  and  a  residential
18    subscriber  based  on  the residential subscriber's purchase,
19    rental or lease of  the  seller's  goods  or  services  or  a
20    financial  transaction  between  a  person  or  entity  and a
21    residential subscriber,  within  the  18  months  immediately
 
                            -2-      LRB093 10164 RLC 14340 a
 1    preceding  the  date of a telemarketing call the existence of
 2    an oral or written transaction, agreement, contract, or other
 3    legal state of affairs involving a person or  entity  and  an
 4    existing  customer  under which both parties have a course of
 5    conduct or established pattern of activity for commercial  or
 6    mercantile  purposes  and  for  the benefit or profit of both
 7    parties. A pattern of  activity  does  not  necessarily  mean
 8    multiple   previous   contacts.   The   established  business
 9    relationship must exist between  the  residential  subscriber
10    existing customer and the person or entity directly, and does
11    not  extend  to  any  other  person  or entity related to the
12    person  or  entity  that   has   the   established   business
13    relationship,  including,  but  not  limited  to,  a  parent,
14    subsidiary  or  affiliate of the business entity that has the
15    established business relationship related business entity  or
16    other  business  organization  of  the  person  or  entity or
17    related to the person or entity or  the  person  or  entity's
18    agent  including  but  not  limited  to a parent corporation,
19    subsidiary  partnership,  company  or  other  corporation  or
20    affiliate.
21        (c)  (Blank). "Existing customer" means an individual who
22    has either:
23             (1)  entered   into   a   transaction,    agreement,
24        contract,  or  other  legal  state  of  affairs between a
25        person or entity and a residential subscriber under which
26        the payment or exchange of consideration for any goods or
27        services has taken place within the preceding  18  months
28        or has been arranged to take place at a future time; or
29             (2)  opened  or  maintained  a debit account, credit
30        card account, or other credit or discount program offered
31        by or in conjunction with the person or  entity  and  has
32        not  requested the person or entity to close such account
33        or terminate such program.
34        (d)  "Registry"  means  the  Restricted   Call   Registry
 
                            -3-      LRB093 10164 RLC 14340 a
 1    established under this Act.
 2        (e)  "Telephone    solicitation"    means    any    voice
 3    communication  over  a  telephone  line from a live operator,
 4    through the use of an autodialer  or  autodialer  system,  as
 5    defined  in Section 5 of the Automatic Telephone Dialers Act,
 6    or by other means for the purpose of encouraging the purchase
 7    or rental of, or investment in, property, goods, or services,
 8    or for the purposes of  soliciting  charitable  contributions
 9    but does not include communications:
10             (1)  to   any   residential   subscriber  with  that
11        subscriber's prior express invitation or permission  when
12        a  voluntary  2-way  communication  between  a  person or
13        entity and a residential subscriber has occurred with  or
14        without   an  exchange  of  consideration.   A  telephone
15        solicitation is presumed not to be made  at  the  express
16        request  of  a subscriber if one of the following occurs,
17        as applicable:
18                  (A)  The  telephone  solicitation  is  made  30
19             business days or more after the last date  on  which
20             the subscriber contacted a business with the purpose
21             of  inquiring  about the potential purchase of goods
22             or services.
23                  (B)  The  telephone  solicitation  is  made  30
24             business days or more after the last date  on  which
25             the subscriber consented to be contacted.
26                  (C)  The  telephone  solicitation  is  made  30
27             business  days  or  more  after a product or service
28             becomes available where the subscriber  has  made  a
29             request  to the business for that product or service
30             that is not then available, and requests a call when
31             the product or service becomes available;
32             (2)  by or on behalf of any person  or  entity  with
33        whom a residential subscriber has an established business
34        relationship  that  which  has  not  been  terminated  in
 
                            -4-      LRB093 10164 RLC 14340 a
 1        writing  by either party and that which is related to the
 2        nature of the established business  relationship,  unless
 3        the  residential  subscriber has stated in writing to the
 4        person or entity that he  or  she  no  longer  wishes  to
 5        receive telemarketing calls from that person or entity;
 6             (3)  (blank);  by  or  on  behalf  of  any person or
 7        entity with whom a residential subscriber is an  existing
 8        customer, unless the customer has stated to the person or
 9        entity  or the person or entity's agent that he or she no
10        longer wishes to receive the telemarketing sales calls of
11        the person or entity, or unless the nature of the call is
12        unrelated to the established business  relationship  with
13        the existing customer;
14             (4)  by  or  on  behalf  of  an organization that is
15        exempt from federal income taxation under Section  501(c)
16        of  the  Internal  Revenue  Code,  but only if the person
17        making the telephone solicitation  immediately  discloses
18        all of the following information upon making contact with
19        the consumer:
20                  (A)  the caller's true first and last name; and
21                  (B)  the name, address, and telephone number of
22             the organization;
23             (5)  by or on behalf of an individual licensed under
24        the  Real  Estate  License Act of 2000 or as an insurance
25        producer under the Illinois Insurance Code who either:
26                  (A)  is setting or attempting to set a face  to
27             face   appointment  for  actions  relating  to  that
28             individual's real estate or insurance business; or
29                  (B)  is encouraging or attempting to  encourage
30             the   purchase  or  rental  of,  or  investment  in,
31             property, goods, or services, for which solicitation
32             is subject to the Real Estate License Act of 2000 or
33             the Illinois Insurance Code,  and  which  cannot  be
34             completed, and for which payment or authorization of
 
                            -5-      LRB093 10164 RLC 14340 a
 1             payment  is  not  required, until after a written or
 2             electronic agreement is signed  by  the  residential
 3             subscriber; or
 4             (6)  until  July  1,  2005,  by  or on behalf of any
 5        entity over which the Federal  Communications  Commission
 6        or   the  Illinois  Commerce  Commission  has  regulatory
 7        authority to the extent that, subject to that  authority,
 8        the  entity is required to maintain a license, permit, or
 9        certificate  to  sell   or   provide   telecommunications
10        service,  as  defined  in  Section  13-203  of the Public
11        Utilities Act, while the entity is engaged  in  telephone
12        solicitation    for   inter-exchange   telecommunications
13        service, as defined  in  Section  13-205  of  the  Public
14        Utilities   Act,  or  local  exchange  telecommunications
15        service, as defined  in  Section  13-204  of  the  Public
16        Utilities Act or to the extent, subject to the regulatory
17        authority  of  the Federal Communications Commission, the
18        entity is defined by  Title  47  Section  522(5)  of  the
19        United  States Code, or providers of information services
20        as defined by Title 47  Section  153(20)  of  the  United
21        States Code.
22    (Source: P.A. 92-795, eff. 8-9-02.)".