Full Text of SB2573 100th General Assembly
SB2573eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Automatic Telephone Dialers Act is amended | 5 | | by changing Sections 5, 15, and 30 as follows:
| 6 | | (815 ILCS 305/5) (from Ch. 134, par. 105)
| 7 | | Sec. 5. Definitions. For purpose of this Act:
| 8 | | (a) "Autodialer" or "Autodialer System" means any | 9 | | telephone dialing or
accessing device, machine, computer or | 10 | | system capable of storing telephone
numbers which is programmed | 11 | | to sequentially or randomly access the stored
telephone numbers | 12 | | in order to automatically connect a telephone with a
recorded | 13 | | message, the term does not include any device associated with a
| 14 | | burglar alarm system, voice message system or fire alarm | 15 | | system.
| 16 | | (b) "Emergency Telephone Number" means any telephone | 17 | | number which
accesses or calls a fire department, law | 18 | | enforcement agency, ambulance,
hospital, medical center, | 19 | | poison control center, rape crisis center, suicide
prevention | 20 | | center, rescue service, the 911 emergency access number | 21 | | provided
by law enforcement agencies and police departments.
| 22 | | (c) "Recorded Message" means any artificial or recorded | 23 | | taped communication that includes or introduces an |
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| 1 | | advertisement or constitutes telemarketing soliciting the
sale | 2 | | of goods or services without live voice interaction.
| 3 | | (d) "Voice Messaging System" means any message delivery | 4 | | service which
utilizes an autodialer to deliver non-commercial | 5 | | messages to domestic and
international recipients.
| 6 | | (e) "Subscriber" means:
| 7 | | (1) A person who has subscribed to telephone service | 8 | | from a telephone
company; or
| 9 | | (2) Other persons living or residing with the | 10 | | subscribing person.
| 11 | | (f) "Caller ID" means the display to the
recipient of the | 12 | | call the caller's telephone number or identity.
| 13 | | (g) "Telemarketing" means the initiation of a telephone | 14 | | call or message, that is transmitted to any person, for the | 15 | | purpose of encouraging the purchase or rental of, or investment | 16 | | in, property, goods, or services. | 17 | | (h) "Prior express written consent" has the meaning | 18 | | ascribed to that term in 47 CFR 64.1200(f)(8). | 19 | | (Source: P.A. 91-182, eff. 1-1-00.)
| 20 | | (815 ILCS 305/15) (from Ch. 134, par. 115)
| 21 | | Sec. 15. Method of operation.
| 22 | | (a) No person shall operate an autodialer in this State to
| 23 | | place a telephone call during the hours between 9 p.m. and 9 | 24 | | a.m.
| 25 | | (b) All autodialers operated within the State of Illinois
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| 1 | | shall disconnect within 30 seconds after termination of the | 2 | | call by the
subscriber or the autodialer. Where disconnection | 3 | | in 30 seconds is
technically not feasible, the autodialer shall | 4 | | utilize a live operator
who shall:
| 5 | | (1) state his name, the name, address and telephone | 6 | | number
of the business or organization being represented | 7 | | and the purpose of the
call; and
| 8 | | (2) inquire at the beginning of the call whether the
| 9 | | person called consents to hear the prerecorded message.
| 10 | | (c) An autodialer shall not be used to dial numbers
| 11 | | determined by successively increasing or decreasing integers.
| 12 | | (d) An autodialer may not be operated in a manner that | 13 | | impedes the
function of any caller ID when the telephone | 14 | | solicitor's service or equipment
is capable of allowing the | 15 | | display of the solicitor's telephone number , or that provides | 16 | | inaccurate caller ID information in violation of 47 U.S.C. | 17 | | 222(e) and the rules of the Federal Communications Commission | 18 | | implementing 47 U.S.C. 222(e) .
| 19 | | (Source: P.A. 91-182, eff. 1-1-00.)
| 20 | | (815 ILCS 305/30) (from Ch. 134, par. 130)
| 21 | | Sec. 30. Violations.
| 22 | | (a) It is a violation of this Act to make or cause to be
| 23 | | made
telephone calls utilizing an autodialer to any emergency | 24 | | telephone number
as defined in Section 5.
It is a violation of | 25 | | this Act to make or cause to be made telephone calls
utilizing |
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| 1 | | an autodialer in a manner that does not comply with Section 15.
| 2 | | (b) It is a violation of this Act to play a
recorded | 3 | | prerecorded
message placed by an autodialer without the (i) | 4 | | prior express written consent of the called party or (ii) the | 5 | | prior express written consent of the called party if the call | 6 | | is made by or on behalf of a tax-exempt nonprofit organization | 7 | | or is a call that delivers a health care message made by, or on | 8 | | behalf of, a covered entity or its business associate as those | 9 | | terms are defined in the Health Insurance Portability and | 10 | | Accountability Act of 1996 at 45 CFR 160.103 .
| 11 | | (c) Enforcement by customer. Any customer injured by a | 12 | | violation of this
Act may bring an action for the recovery of | 13 | | damages. Judgment may be
entered for 3 times the amount at | 14 | | which the actual damages are assessed,
plus costs and | 15 | | reasonable attorney fees.
| 16 | | (c-5) In addition to the damages authorized under | 17 | | subsection (c), a consumer may obtain statutory damages in the | 18 | | amount of $500 per violation. | 19 | | (d) Enforcement by Attorney General. Violation of any of | 20 | | the provisions
of this Act is an unlawful practice under | 21 | | Section 2Z of the Consumer
Fraud
and Deceptive Business | 22 | | Practices Act. All remedies, penalties and authority
granted to | 23 | | the Attorney General by that Act shall be available to him for
| 24 | | the enforcement of this Act. In any action brought by the | 25 | | Attorney General
to enforce this Act, the court may order that | 26 | | persons who incurred actual
damages be awarded the amount at |
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| 1 | | which actual damages are assessed. In addition to actual | 2 | | damages, a court may order that each person who received a call | 3 | | in violation of this Act be awarded statutory damages in the | 4 | | amount of $500 per violation.
| 5 | | (Source: P.A. 98-546, eff. 8-26-13.)
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