Full Text of SB3754 101st General Assembly
SB3754 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3754 Introduced 2/14/2020, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED: |
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815 ILCS 413/5 |
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815 ILCS 413/15 |
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Amends the Telephone Solicitations Act. Provides that a person, business, or organization may not spoof a caller's information or otherwise misrepresent the origin of a telemarketing call unless the person, business, or organization has the right to use the name and phone number displayed. Requires telephone solicitations placed in a manner other than by a live operator to immediately disclose their identity and the purpose of the call and prompt the recipient of the call to consent to the solicitation. Defines terms.
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| | A BILL FOR |
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| | | SB3754 | | LRB101 16341 JLS 65717 b |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Telephone Solicitations Act is amended by | 5 | | changing Sections 5 and 15 as follows:
| 6 | | (815 ILCS 413/5)
| 7 | | Sec. 5. Definitions. For purposes of this Act:
| 8 | | "Caller ID" means the display to the recipient
of the call | 9 | | of the caller's telephone number or identity.
| 10 | | "Emergency telephone number" means any telephone number | 11 | | which
accesses
or calls a fire department, law enforcement | 12 | | agency, ambulance, hospital,
medical center, poison control | 13 | | center, rape crisis center, suicide prevention
center, rescue | 14 | | service, the 911 emergency access number provided by law
| 15 | | enforcement agencies and police departments.
| 16 | | "Spoof" or "spoofing" means to deliberately falsify the | 17 | | information transmitted on a caller ID display to disguise an | 18 | | identity or phone number. | 19 | | "Subscriber" means:
| 20 | | (1) A person who has subscribed to telephone service | 21 | | from a telephone
company; or
| 22 | | (2) Other persons living or residing with the | 23 | | subscribing person.
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| 1 | | "Telephone solicitation" means any communication through | 2 | | the use of
a
telephone by live operators for soliciting the | 3 | | sale of goods or services.
| 4 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 5 | | (815 ILCS 413/15)
| 6 | | Sec. 15. Method of operation.
| 7 | | (a) No person shall solicit the sale of goods or services | 8 | | in this State
by placing a
telephone call during the hours | 9 | | between 9 p.m. and 8 a.m.
| 10 | | (b) A live operator soliciting the sale of goods or | 11 | | services shall:
| 12 | | (1) immediately state his or her name, the name
of
the | 13 | | business or organization being represented, and the | 14 | | purpose of the call;
and
| 15 | | (2) inquire at the beginning of the call whether
the | 16 | | person called consents to the solicitation; and
| 17 | | (3) if the person called requests to be taken off the | 18 | | contact
list of the business or organization, the operator | 19 | | must refrain
from calling that person again and take all | 20 | | steps necessary to have that
person's name and telephone | 21 | | number removed from the contact records of the
business or | 22 | | organization so that the person will not be contacted again | 23 | | by
the business or organization.
Compliance with Section | 24 | | 310.4(b) of the Federal Trade Commission's
Telemarketing | 25 | | Sales Rule shall constitute compliance with this |
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| 1 | | subsection
(b)(3) of this Section.
| 2 | | (b-5) Any telephone call soliciting the sale of goods or | 3 | | services placed in a manner other than by live operator shall: | 4 | | (1) immediately state the business or organization | 5 | | being represented, and the purpose of the call; | 6 | | (2) prompt the person called to confirm whether the | 7 | | person consents to solicitation, either by audio | 8 | | confirmation or selection of a number on the phone; and | 9 | | (3) if the person called does not consent to | 10 | | solicitation, the business or organization must refrain | 11 | | from calling that person again and take all steps necessary | 12 | | to have that person's name and telephone number removed | 13 | | from the contact records of the business or organization so | 14 | | that the person will not be contacted again by the business | 15 | | or organization. Compliance with Section 310.4(b) of the | 16 | | Federal Trade Commission's Telemarketing Sales Rule shall | 17 | | constitute compliance with subsection (b-5)(3) of this | 18 | | Section. | 19 | | (c) A person , business, or organization may not solicit the | 20 | | sale of goods or services by telephone in
a manner that impedes | 21 | | the function of any caller ID when the telephone
solicitor's | 22 | | service or equipment is capable of allowing the display of the
| 23 | | solicitor's telephone number. | 24 | | (d) A person, business, or organization may not spoof a | 25 | | caller's information or otherwise cause misleading information | 26 | | to be transmitted to a recipient's caller ID or to otherwise |
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| 1 | | misrepresent the origin of a telemarketing call, unless the | 2 | | person, business or organization has a right to use the name | 3 | | and the phone number displayed.
| 4 | | (Source: P.A. 90-541, eff. 6-1-98; 91-182, eff. 1-1-00.)
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