94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1246

 

Introduced 2/18/2005, by Sen. Martin A. Sandoval - Emil Jones, Jr.

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 402/5

    Amends the Restricted Call Registry Act. Makes a technical change in a Section concerning definitions.


LRB094 04917 RXD 34946 b

 

 

A BILL FOR

 

SB1246 LRB094 04917 RXD 34946 b

1     AN ACT concerning business.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Restricted Call Registry Act is amended by
5 changing Section 5 as follows:
 
6     (815 ILCS 402/5)
7     Sec. 5. Definitions. As used in this Act:
8     (a) "Residential subscriber" means a person or spouse who
9 has subscribed to either residential telephone service from a
10 local exchange company or public mobile services, as defined by
11 Section 13-214 of the the Public Utilities Act, a guardian of
12 the person or the person's spouse, or an individual who has
13 power of attorney from or an authorized agent of the person or
14 the person's spouse.
15     (b) "Established business relationship" means the
16 existence of an oral or written transaction, agreement,
17 contract, or other legal state of affairs involving a person or
18 entity and an existing customer under which both parties have a
19 course of conduct or established pattern of activity for
20 commercial or mercantile purposes and for the benefit or profit
21 of both parties. A pattern of activity does not necessarily
22 mean multiple previous contacts. The established business
23 relationship must exist between the existing customer and the
24 person or entity directly, and does not extend to any related
25 business entity or other business organization of the person or
26 entity or related to the person or entity or the person or
27 entity's agent including but not limited to a parent
28 corporation, subsidiary partnership, company or other
29 corporation or affiliate.
30     (c) "Existing customer" means an individual who has either:
31         (1) entered into a transaction, agreement, contract,
32     or other legal state of affairs between a person or entity

 

 

SB1246 - 2 - LRB094 04917 RXD 34946 b

1     and a residential subscriber under which the payment or
2     exchange of consideration for any goods or services has
3     taken place within the preceding 18 months or has been
4     arranged to take place at a future time; or
5         (2) opened or maintained a debit account, credit card
6     account, or other credit or discount program offered by or
7     in conjunction with the person or entity and has not
8     requested the person or entity to close such account or
9     terminate such program.
10     (d) "Registry" means the Restricted Call Registry
11 established under this Act.
12     (e) "Telephone solicitation" means any voice communication
13 over a telephone line from a live operator, through the use of
14 an autodialer or autodialer system, as defined in Section 5 of
15 the Automatic Telephone Dialers Act, or by other means for the
16 purpose of encouraging the purchase or rental of, or investment
17 in, property, goods, or services, or for the purposes of
18 soliciting charitable contributions but does not include
19 communications:
20         (1) to any residential subscriber with that
21     subscriber's prior express invitation or permission when a
22     voluntary 2-way communication between a person or entity
23     and a residential subscriber has occurred with or without
24     an exchange of consideration. A telephone solicitation is
25     presumed not to be made at the express request of a
26     subscriber if one of the following occurs, as applicable:
27             (A) The telephone solicitation is made 30 business
28         days after the last date on which the subscriber
29         contacted a business with the purpose of inquiring
30         about the potential purchase of goods or services.
31             (B) The telephone solicitation is made 30 business
32         days after the last date on which the subscriber
33         consented to be contacted.
34             (C) The telephone solicitation is made 30 business
35         days after a product or service becomes available where
36         the subscriber has made a request to the business for

 

 

SB1246 - 3 - LRB094 04917 RXD 34946 b

1         that product or service that is not then available, and
2         requests a call when the product or service becomes
3         available;
4         (2) by or on behalf of any person or entity with whom a
5     residential subscriber has an established business
6     relationship which has not been terminated in writing by
7     either party and which is related to the nature of the
8     established business relationship;
9         (3) by or on behalf of any person or entity with whom a
10     residential subscriber is an existing customer, unless the
11     customer has stated to the person or entity or the person
12     or entity's agent that he or she no longer wishes to
13     receive the telemarketing sales calls of the person or
14     entity, or unless the nature of the call is unrelated to
15     the established business relationship with the existing
16     customer;
17         (4) by or on behalf of an organization that is exempt
18     from federal income taxation under Section 501(c) of the
19     Internal Revenue Code, but only if the person making the
20     telephone solicitation immediately discloses all of the
21     following information upon making contact with the
22     consumer:
23             (A) the caller's true first and last name; and
24             (B) the name, address, and telephone number of the
25         organization;
26         (5) by or on behalf of an individual licensed under the
27     Real Estate License Act of 2000 or as an insurance producer
28     under the Illinois Insurance Code who either:
29             (A) is setting or attempting to set a face to face
30         appointment for actions relating to that individual's
31         real estate or insurance business; or
32             (B) is encouraging or attempting to encourage the
33         purchase or rental of, or investment in, property,
34         goods, or services, which cannot be completed, and for
35         which payment or authorization of payment is not
36         required, until after a written or electronic

 

 

SB1246 - 4 - LRB094 04917 RXD 34946 b

1         agreement is signed by the residential subscriber; or
2         (6) until July 1, 2005, by or on behalf of any entity
3     over which the Federal Communications Commission or the
4     Illinois Commerce Commission has regulatory authority to
5     the extent that, subject to that authority, the entity is
6     required to maintain a license, permit, or certificate to
7     sell or provide telecommunications service, as defined in
8     Section 13-203 of the Public Utilities Act, while the
9     entity is engaged in telephone solicitation for
10     inter-exchange telecommunications service, as defined in
11     Section 13-205 of the Public Utilities Act, or local
12     exchange telecommunications service, as defined in Section
13     13-204 of the Public Utilities Act or to the extent,
14     subject to the regulatory authority of the Federal
15     Communications Commission, the entity is defined by Title
16     47 Section 522(5) of the United States Code, or providers
17     of information services as defined by Title 47 Section
18     153(20) of the United States Code.
19 (Source: P.A. 92-795, eff. 8-9-02.)