093_SB1125eng

 
SB1125 Engrossed                     LRB093 10164 MBS 10418 b

 1        AN ACT concerning consumer protection.

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