97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1572

 

Introduced 2/9/2011, by Sen. Matt Murphy

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 305/20  from Ch. 134, par. 120
815 ILCS 402/5
815 ILCS 402/10

    Amends the Automatic Telephone Dialers Act and the Restricted Call Registry Act. Provides that the Automatic Telephone Dialers Act applies to electioneering autodialer telephone calls but does not apply to other telephone calls made by an autodialer and placed on behalf of a political organization. Prohibits electioneering autodialer telephone calls to telephone service subscribers who have registered their telephone number or numbers on the Restricted Call ("Do Not Call") Registry. Defines "electioneering autodialer telephone call" to mean any voice communication over a telephone line, through the use of an autodialer or autodialer system, that refers to a clearly identified political candidate, political party, or question of public policy and is an appeal to vote for or against a clearly identified candidate, political party, or question of public policy. Effective immediately.


LRB097 07132 AEK 47232 b

 

 

A BILL FOR

 

SB1572LRB097 07132 AEK 47232 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Automatic Telephone Dialers Act is amended
5by changing Section 20 as follows:
 
6    (815 ILCS 305/20)  (from Ch. 134, par. 120)
7    Sec. 20. Exemptions.
8    (a) Except as provided in subsection (b), the provisions of
9this Act shall not apply to the following types of telephone
10calls made by an autodialer:
11        (1) calls made in response to an express request of the
12    person called;
13        (2) calls made to any person with whom the telephone
14    solicitor has a prior or existing business relationship;
15        (3) a telephone call placed on behalf of any political,
16    charitable, public opinion polling, research survey, or
17    radio or television broadcast rating organization.
18    (a-5) The provisions of this Act apply to electioneering
19autodialer telephone calls as defined in Section 5 of the
20Restricted Call Registry Act but do not apply to other
21telephone calls made by an autodialer and placed on behalf of a
22political organization.
23    (b) Notwithstanding the provisions of subsection (a) or

 

 

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1(a-5), all calls made by an autodialer must be made in
2compliance with the requirements of subsection (d) of Section
315.
4(Source: P.A. 91-182, eff. 1-1-00.)
 
5    Section 10. The Restricted Call Registry Act is amended by
6changing Sections 5 and 10 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 who
10has subscribed to either residential telephone service from a
11local exchange company or public mobile services, as defined by
12Section 13-214 of the Public Utilities Act, a guardian of the
13person or the person's spouse, or an individual who has power
14of attorney from or an authorized agent of the person or the
15person's spouse.
16    (b) "Established business relationship" means the
17existence of an oral or written transaction, agreement,
18contract, or other legal state of affairs involving a person or
19entity and an existing customer under which both parties have a
20course of conduct or established pattern of activity for
21commercial or mercantile purposes and for the benefit or profit
22of both parties. A pattern of activity does not necessarily
23mean multiple previous contacts. The established business
24relationship must exist between the existing customer and the

 

 

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1person or entity directly, and does not extend to any related
2business entity or other business organization of the person or
3entity or related to the person or entity or the person or
4entity's agent including but not limited to a parent
5corporation, subsidiary partnership, company or other
6corporation or affiliate.
7    (c) "Existing customer" means an individual who has either:
8        (1) entered into a transaction, agreement, contract,
9    or other legal state of affairs between a person or entity
10    and a residential subscriber under which the payment or
11    exchange of consideration for any goods or services has
12    taken place within the preceding 18 months or has been
13    arranged to take place at a future time; or
14        (2) opened or maintained a debit account, credit card
15    account, or other credit or discount program offered by or
16    in conjunction with the person or entity and has not
17    requested the person or entity to close such account or
18    terminate such program.
19    (d) "Registry" means the Restricted Call Registry
20established under this Act.
21    (e) "Telephone solicitation" means any voice communication
22over a telephone line from a live operator, through the use of
23an autodialer or autodialer system, as defined in Section 5 of
24the Automatic Telephone Dialers Act, or by other means for the
25purpose of encouraging the purchase or rental of, or investment
26in, property, goods, or services, or for the purposes of

 

 

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1soliciting charitable contributions but does not include
2communications:
3        (1) to any residential subscriber with that
4    subscriber's prior express invitation or permission when a
5    voluntary 2-way communication between a person or entity
6    and a residential subscriber has occurred with or without
7    an exchange of consideration. A telephone solicitation is
8    presumed not to be made at the express request of a
9    subscriber if one of the following occurs, as applicable:
10            (A) The telephone solicitation is made 30 business
11        days after the last date on which the subscriber
12        contacted a business with the purpose of inquiring
13        about the potential purchase of goods or services.
14            (B) The telephone solicitation is made 30 business
15        days after the last date on which the subscriber
16        consented to be contacted.
17            (C) The telephone solicitation is made 30 business
18        days after a product or service becomes available where
19        the subscriber has made a request to the business for
20        that product or service that is not then available, and
21        requests a call when the product or service becomes
22        available;
23        (2) by or on behalf of any person or entity with whom a
24    residential subscriber has an established business
25    relationship which has not been terminated in writing by
26    either party and which is related to the nature of the

 

 

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1    established business relationship;
2        (3) by or on behalf of any person or entity with whom a
3    residential subscriber is an existing customer, unless the
4    customer has stated to the person or entity or the person
5    or entity's agent that he or she no longer wishes to
6    receive the telemarketing sales calls of the person or
7    entity, or unless the nature of the call is unrelated to
8    the established business relationship with the existing
9    customer;
10        (4) by or on behalf of an organization that is exempt
11    from federal income taxation under Section 501(c) of the
12    Internal Revenue Code, but only if the person making the
13    telephone solicitation immediately discloses all of the
14    following information upon making contact with the
15    consumer:
16            (A) the caller's true first and last name; and
17            (B) the name, address, and telephone number of the
18        organization;
19        (5) by or on behalf of an individual licensed under the
20    Real Estate License Act of 2000 or as an insurance producer
21    under the Illinois Insurance Code who either:
22            (A) is setting or attempting to set a face to face
23        appointment for actions relating to that individual's
24        real estate or insurance business; or
25            (B) is encouraging or attempting to encourage the
26        purchase or rental of, or investment in, property,

 

 

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1        goods, or services, which cannot be completed, and for
2        which payment or authorization of payment is not
3        required, until after a written or electronic
4        agreement is signed by the residential subscriber; or
5        (6) until July 1, 2005, by or on behalf of any entity
6    over which the Federal Communications Commission or the
7    Illinois Commerce Commission has regulatory authority to
8    the extent that, subject to that authority, the entity is
9    required to maintain a license, permit, or certificate to
10    sell or provide telecommunications service, as defined in
11    Section 13-203 of the Public Utilities Act, while the
12    entity is engaged in telephone solicitation for
13    inter-exchange telecommunications service, as defined in
14    Section 13-205 of the Public Utilities Act, or local
15    exchange telecommunications service, as defined in Section
16    13-204 of the Public Utilities Act or to the extent,
17    subject to the regulatory authority of the Federal
18    Communications Commission, the entity is defined by Title
19    47 Section 522(5) of the United States Code, or providers
20    of information services as defined by Title 47 Section
21    153(20) of the United States Code.
22    (f) "Electioneering autodialer telephone call" means any
23voice communication over a telephone line, through the use of
24an autodialer or autodialer system as defined in Section 5 of
25the Automatic Telephone Dialers Act, that:
26        (1) refers to (i) a clearly identified candidate or

 

 

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1    candidates who will appear on the ballot for nomination for
2    election, election, or retention, (ii) a clearly
3    identified political party, or (iii) a clearly identified
4    question of public policy that will appear on the ballot;
5        (2) is targeted to the relevant electorate; and
6        (3) is susceptible to no reasonable interpretation
7    other than as an appeal to vote for or against a clearly
8    identified candidate for nomination for election,
9    election, or retention, a political party, or a question of
10    public policy.
11(Source: P.A. 92-795, eff. 8-9-02.)
 
12    (815 ILCS 402/10)
13    Sec. 10. Prohibited calls.
14    (a) Beginning October 1, 2003, it is a violation of this
15Act for any person or entity to make or cause to be made any
16telephone solicitation calls to any residential subscriber
17more than 45 days after the person or entity obtains the
18Registry or any update of the Registry on which the residential
19subscriber's telephone number or numbers first appear.
20    (b) On and after the effective date of this amendatory Act
21of the 97th General Assembly, it is a violation of this Act for
22any person or entity to make or cause to be made any
23electioneering autodialer telephone calls to any residential
24subscriber more than 45 days after the person or entity obtains
25the Registry or any update of the Registry on which the

 

 

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1residential subscriber's telephone number or numbers first
2appear.
3(Source: P.A. 92-795, eff. 8-9-02; 93-49, eff. 6-30-03.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.