HB6571 93RD GENERAL ASSEMBLY

LRB093 20201 WGH 47118 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6571

Introduced 2/6/2004, by Larry McKeon

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2QQ new

Amends the Consumer Fraud and Deceptive Business Practices Act. Defines "call center" as "a physical or electronic operation that utilizes telecommunication services or electronic mail in one or more of the following activities: customer services; soliciting sales; reactivating dormant accounts; conducting surveys or research; collection of receivables; receiving reservations; receiving orders; or taking orders". Provides that a United States corporation, business entity, or other person or its subsidiary that utilizes a call center to receive telephone calls from individuals located in the State of Illinois shall require each call center that it utilizes to comply with the following requirements: an employee of the call center shall identify himself or herself by stating his or her name, the name of his or her employer, the location of the municipality, state, and country in which he or she is located, and, if applicable, the name and telephone number of a customer service representative of the entity utilizing the services of his or her employer; a telephone call to a call center located in a foreign country shall be rerouted to a call center located in the United States if such a request is made by the caller; an employee at a call center operating in a foreign country may not solicit any personal information, whether by telephone or by an electronic mail message, unless the employee first informs the caller that disclosing the information is optional and receives the affirmative consent of the caller to whom the information relates and, in the case of communication by telephone, an audio recording of the telephone call is made and retained; and an employee of a call center who responds to an electronic mail message from a person shall identify himself or herself by stating his or her name, the name of his or her employer, the location of the municipality, state, and country in which he or she is located, and, if applicable, the name and telephone number of a customer service representative of the entity utilizing the services of his or her employer. Provides that a violation is an unlawful practice within the meaning of the Act.

A BILL FOR

AN ACT concerning business transactions.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2QQ as follows:

(815 ILCS 505/2QQ new)

Sec. 2QQ. Call centers.

(a) As used in this Section, "call center" means a physical or electronic operation that utilizes telecommunication services or electronic mail in one or more of the following activities: customer services; soliciting sales; reactivating dormant accounts; conducting surveys or research; collection of receivables; receiving reservations; receiving orders; or taking orders.

(b) This Section applies to a United States corporation, business entity, or other person or its subsidiary that utilizes a call center to receive telephone calls from individuals located in the State of Illinois, regardless of whether the United States corporation, business entity, or other person owns the call center or contracts with another person or entity to operate the call center. A United States corporation, business entity, or other person or its subsidiary to which this Section applies shall require each call center that it utilizes to comply with the following requirements:

(1) Within the first 30 seconds of answering a telephone call made by an individual located in the State of Illinois to a call center, an employee at the call center shall identify himself or herself by stating his or her name; the name of his or her employer; the location of the municipality, state, and country in which he or she is located; and, if applicable, the name and telephone number of a customer service representative of the entity utilizing the services of his or her employer.

(2) Any telephone call made by an individual located in the State of Illinois to a call center located in a foreign country shall be rerouted to a call center located in the United States if such a request is made by the caller.

(3) An employee at a call center operating in a foreign country may not solicit any personal information, whether by telephone or by an electronic mail message, from an individual located in the State of Illinois unless the employee first informs the caller that disclosing that information to the employee is optional, and receives the affirmative consent of the caller to whom the information relates. In the case of such communication by telephone, an audio recording of that telephone call shall be made and retained.

(4) An employee of a call center who responds to an electronic mail message from an individual located in the State of Illinois shall identify himself or herself by stating his or her name; the name of his or her employer; the location of the municipality, state, and country in which he or she is located; and, if applicable, the name and telephone number of a customer service representative of the entity utilizing the services of his or her employer.

(c) A United States corporation, business entity, or other person or its subsidiary that violates this Section commits an unlawful practice within the meaning of this Act.