Full Text of SB2573 100th General Assembly
SB2573sam003 100TH GENERAL ASSEMBLY | Sen. Dave Syverson Filed: 4/20/2018
| | 10000SB2573sam003 | | LRB100 19049 JLS 38981 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2573
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2573, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Automatic Telephone Dialers Act is amended | 6 | | by changing Sections 5, 15, and 30 as follows:
| 7 | | (815 ILCS 305/5) (from Ch. 134, par. 105)
| 8 | | Sec. 5. Definitions. For purpose of this Act:
| 9 | | (a) "Autodialer" or "Autodialer System" means any | 10 | | telephone dialing or
accessing device, machine, computer or | 11 | | system capable of storing telephone
numbers which is programmed | 12 | | to sequentially or randomly access the stored
telephone numbers | 13 | | in order to automatically connect a telephone with a
recorded | 14 | | message, the term does not include any device associated with a
| 15 | | burglar alarm system, voice message system or fire alarm | 16 | | system.
|
| | | 10000SB2573sam003 | - 2 - | LRB100 19049 JLS 38981 a |
|
| 1 | | (b) "Emergency Telephone Number" means any telephone | 2 | | number which
accesses or calls a fire department, law | 3 | | enforcement agency, ambulance,
hospital, medical center, | 4 | | poison control center, rape crisis center, suicide
prevention | 5 | | center, rescue service, the 911 emergency access number | 6 | | provided
by law enforcement agencies and police departments.
| 7 | | (c) " Prerecorded Recorded Message" means any artificial or | 8 | | recorded taped communication that includes or introduces an | 9 | | advertisement or constitutes telemarketing soliciting the
sale | 10 | | of goods or services without live voice interaction.
| 11 | | (d) "Voice Messaging System" means any message delivery | 12 | | service which
utilizes an autodialer to deliver non-commercial | 13 | | messages to domestic and
international recipients.
| 14 | | (e) "Subscriber" means:
| 15 | | (1) A person who has subscribed to telephone service | 16 | | from a telephone
company; or
| 17 | | (2) Other persons living or residing with the | 18 | | subscribing person.
| 19 | | (f) "Caller ID" means the display to the
recipient of the | 20 | | call the caller's telephone number or identity.
| 21 | | (g) "Telemarketing" means the initiation of a telephone | 22 | | call or message, that is transmitted to any person, for the | 23 | | purpose of encouraging the purchase or rental of, or investment | 24 | | in, property, goods, or services. | 25 | | (h) "Prior express written consent" has the meaning | 26 | | ascribed to that term in 47 CFR 64.1200(f)(8). |
| | | 10000SB2573sam003 | - 3 - | LRB100 19049 JLS 38981 a |
|
| 1 | | (Source: P.A. 91-182, eff. 1-1-00.)
| 2 | | (815 ILCS 305/15) (from Ch. 134, par. 115)
| 3 | | Sec. 15. Method of operation.
| 4 | | (a) No person shall operate an autodialer in this State to
| 5 | | place a telephone call during the hours between 9 p.m. and 9 | 6 | | a.m.
| 7 | | (b) All autodialers operated within the State of Illinois
| 8 | | shall disconnect within 30 seconds after termination of the | 9 | | call by the
subscriber or the autodialer. Where disconnection | 10 | | in 30 seconds is
technically not feasible, the autodialer shall | 11 | | utilize a live operator
who shall:
| 12 | | (1) state his name, the name, address and telephone | 13 | | number
of the business or organization being represented | 14 | | and the purpose of the
call; and
| 15 | | (2) inquire at the beginning of the call whether the
| 16 | | person called consents to hear the prerecorded message.
| 17 | | (c) An autodialer shall not be used to dial numbers
| 18 | | determined by successively increasing or decreasing integers.
| 19 | | (d) An autodialer may not be operated in a manner that | 20 | | impedes the
function of any caller ID when the telephone | 21 | | solicitor's service or equipment
is capable of allowing the | 22 | | display of the solicitor's telephone number , or that provides | 23 | | inaccurate caller ID information in violation of 47 U.S.C. | 24 | | 222(e) and the rules of the Federal Communications Commission | 25 | | implementing 47 U.S.C. 222(e) .
|
| | | 10000SB2573sam003 | - 4 - | LRB100 19049 JLS 38981 a |
|
| 1 | | (Source: P.A. 91-182, eff. 1-1-00.)
| 2 | | (815 ILCS 305/30) (from Ch. 134, par. 130)
| 3 | | Sec. 30. Violations.
| 4 | | (a) It is a violation of this Act to make or cause to be
| 5 | | made
telephone calls utilizing an autodialer to any emergency | 6 | | telephone number
as defined in Section 5.
It is a violation of | 7 | | this Act to make or cause to be made telephone calls
utilizing | 8 | | an autodialer in a manner that does not comply with Section 15.
| 9 | | (b) It is a violation of this Act to play a
prerecorded
| 10 | | message placed by an autodialer without the (i) prior express | 11 | | written consent of the called party or (ii) prior express | 12 | | written consent if the call delivers a health care message made | 13 | | by, or on behalf of, a covered entity or its business associate | 14 | | as those terms are defined in the Health Insurance Portability | 15 | | and Accountability Act of 1996 at 45 CFR 160.103 .
| 16 | | (c) Enforcement by customer. Any customer injured by a | 17 | | violation of this
Act may bring an action for the recovery of | 18 | | damages. Judgment may be
entered for 3 times the amount at | 19 | | which the actual damages are assessed,
plus costs and | 20 | | reasonable attorney fees.
| 21 | | (c-5) In addition to the damages authorized under | 22 | | subsection (c), a consumer may obtain statutory damages in the | 23 | | amount of $500 per violation. | 24 | | (d) Enforcement by Attorney General. Violation of any of | 25 | | the provisions
of this Act is an unlawful practice under |
| | | 10000SB2573sam003 | - 5 - | LRB100 19049 JLS 38981 a |
|
| 1 | | Section 2Z of the Consumer
Fraud
and Deceptive Business | 2 | | Practices Act. All remedies, penalties and authority
granted to | 3 | | the Attorney General by that Act shall be available to him for
| 4 | | the enforcement of this Act. In any action brought by the | 5 | | Attorney General
to enforce this Act, the court may order that | 6 | | persons who incurred actual
damages be awarded the amount at | 7 | | which actual damages are assessed. In addition to actual | 8 | | damages, a court may order that each person who received a call | 9 | | in violation of this Act be awarded statutory damages in the | 10 | | amount of $500 per violation.
| 11 | | (Source: P.A. 98-546, eff. 8-26-13.)".
|
|