HB3727 96TH GENERAL ASSEMBLY

LRB096 09372 KTG 19529 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3727

Introduced 2/25/2009, by Rep. Sidney H. Mathias - Paul D. Froehlich

SYNOPSIS AS INTRODUCED:

815 ILCS 305/15	from Ch. 134, par. 115
815 ILCS 305/20	from Ch. 134, par. 120

Amends the Automatic Telephone Dialers Act. Requires an autodialer to provide the complete company name and return phone number within its pre-recorded message. Provides that an autodialer shall provide within the pre-recorded message an option of pressing a designated button to connect with a live operator at any time during the message or a phone number for opting out of further solicitation calls. Requires an autodialer to be properly registered so that the name or telephone number or both are available for display for caller ID. Extends the list of telephone calls made by an autodialer that are exempted from the Act to include a telephone call placed on behalf of any public policy organization.

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 15 and 20 as follows:

(815 ILCS 305/15) (from Ch. 134, par. 115)

Sec. 15. Method of operation.

(a) No person shall operate an autodialer in this State to place a telephone call during the hours between 9 p.m. and 9 a.m.

(b) All autodialers operated within the State of Illinois shall disconnect within 30 seconds after termination of the call by the subscriber or the autodialer. Where disconnection in 30 seconds is technically not feasible, the autodialer shall utilize a live operator who shall:

(1) state his name, the name, address and telephone number of the business or organization being represented and the purpose of the call; and

(2) inquire at the beginning of the call whether the person called consents to hear the prerecorded message.

(b-5) An autodialer shall provide the complete company name and return phone number within its pre-recorded message.

(c) An autodialer shall not be used to dial numbers determined by successively increasing or decreasing integers.

(d) An autodialer must be properly registered so that the name or telephone number or both are available for display for caller ID. An autodialer may not be operated in a manner that impedes the function of any caller ID when the telephone solicitor's service or equipment is capable of allowing the display of the solicitor's telephone number.

(e) An autodialer shall provide within the pre-recorded message an option of pressing a designated button to connect with a live operator at any time during the message or a phone number for opting out of further solicitation calls.

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

(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;

(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 policy, 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.)