HB0249 95TH GENERAL ASSEMBLY

LRB095 03595 LCT 23604 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0249

Introduced 1/19/2007, by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

815 ILCS 305/20	from Ch. 134, par. 120
815 ILCS 305/30	from Ch. 134, par. 130

Amends the Automatic Telephone Dialers Act. Removes the exemption for autodialer calls placed on behalf of any political, charitable, public opinion polling, research survey, or radio or television broadcast rating organization. Provides that a violation of the Act is a petty offense and sets a fine of $500 per phone call for the first autodialer message in violation of the Act and a fine of $1,000 per phone call for each subsequent autodialer message in violation of the Act. Lists who may be fined. Effective immediately.

A BILL FOR

AN ACT concerning business.

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

Section 5. The Automatic Telephone Dialers Act is amended by changing Sections 20 and 30 as follows:

(815 ILCS 305/20) (from Ch. 134, par. 120)

Sec. 20. Exemptions.

(a) Except as provided in subsection (b), the provisions of this Act shall not apply to the following types of telephone calls made by an autodialer:

(1) calls made in response to an express request of the person called; or

(2) calls made to any person with whom the telephone solicitor has a prior or existing business relationship. ;

(3) a telephone call placed on behalf of any political, charitable, public opinion polling, research survey, or radio or television broadcast rating organization.

(b) Notwithstanding the provisions of subsection (a), all calls made by an autodialer must be made in compliance with the requirements of subsection (d) of Section 15.

(Source: P.A. 91-182, eff. 1-1-00.)

(815 ILCS 305/30) (from Ch. 134, par. 130)

Sec. 30. Violations.

(a) It is a violation of this Act to make or cause to be made telephone calls utilizing an autodialer to any emergency telephone number as defined in Section 5. It is a violation of this Act to make or cause to be made telephone calls utilizing an autodialer in a manner that does not comply with Section 15.

(b) It is a violation of this Act to play a prerecorded message placed by an autodialer unless a live operator requests and obtains without the consent of the called party immediately before the start of the prerecorded message.

(c) Enforcement by customer. Any customer injured by a violation of this Act may bring an action for the recovery of damages. Judgment may be entered for 3 times the amount at which the actual damages are assessed, plus costs and reasonable attorney fees.

(d) Enforcement by Attorney General. Violation of any of the provisions of this Act is an unlawful practice under Section 2Z of the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties and authority granted to the Attorney General by that Act shall be available to him for the enforcement of this Act. In any action brought by the Attorney General to enforce this Act, the court may order that persons who incurred actual damages be awarded the amount at which actual damages are assessed.

(e) Petty offense. In addition to any remedies or penalties provided for in subsection (c) and (d) of this Section, any person or entity who (i) originates a telephone call using an autodialer, (ii) pays a service to make calls using an autodialer, or (iii) knowingly allows his or her voice to be recorded for an autodialer message, in violation of any of the provisions of this Act, is guilty of a petty offense and shall be fined $500 per phone call for the first autodialer message that is in violation of the Act and $1,000 per phone call for each subsequent autodialer message that is in violation of the Act.

(Source: P.A. 91-182, eff. 1-1-00.)

Section 99. Effective date. This Act takes effect upon becoming law.