Full Text of HB5566 103rd General Assembly
HB5566ham001 103RD GENERAL ASSEMBLY | Rep. Matt Hanson Filed: 4/2/2024 | | 10300HB5566ham001 | | LRB103 39525 SPS 71565 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5566
| 2 | | AMENDMENT NO. ______. Amend House Bill 5566 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Telephone Solicitations Act is amended by | 5 | | changing Sections 5 and 15 and by adding Section 16 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 | 14 | | (including the 9-8-8 suicide and crisis lifeline) , rescue | 15 | | service, and the 911 emergency access number provided by law | 16 | | enforcement agencies and police departments. |
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| 1 | | "Subscriber" means: | 2 | | (1) A person who has subscribed to telephone service | 3 | | from a telephone company; or | 4 | | (2) Other persons living or residing with the | 5 | | subscribing person ; or . | 6 | | (3) Other persons who receive telephone service under | 7 | | a subscription agreement entered into by a subscribing | 8 | | person. | 9 | | "Telephone solicitation" means any communication through | 10 | | the use of a telephone by live operators for soliciting the | 11 | | sale of goods or services. | 12 | | (Source: P.A. 95-331, eff. 8-21-07.) | 13 | | (815 ILCS 413/15) | 14 | | Sec. 15. Method of operation. | 15 | | (a) No person shall solicit the sale of goods or services | 16 | | in this State by placing a telephone call during the hours | 17 | | between 9 p.m. and 8 a.m. | 18 | | (b) A live operator soliciting the sale of goods or | 19 | | services shall: | 20 | | (1) immediately state his or her name, the name of the | 21 | | business or organization being represented, and the | 22 | | purpose of the call; and | 23 | | (2) inquire at the beginning of the call whether the | 24 | | person called consents to the solicitation; and | 25 | | (3) if the person called requests to be taken off the |
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| 1 | | contact list of the business or organization, the operator | 2 | | must refrain from calling that person again and take all | 3 | | steps necessary to have that person's name and telephone | 4 | | number removed from the contact records of the business or | 5 | | organization so that the person will not be contacted | 6 | | again by the business or organization. Compliance with | 7 | | Section 310.4(b) of the Federal Trade Commission's | 8 | | Telemarketing Sales Rule shall constitute compliance with | 9 | | this subsection (b)(3) of this Section. | 10 | | (c) A person may not solicit the sale of goods or services | 11 | | by telephone in a manner that impedes the function of any | 12 | | caller ID when the telephone solicitor's service or equipment | 13 | | is capable of allowing the display of the solicitor's | 14 | | telephone number , including transmitting or causing to be | 15 | | transmitted misleading or inaccurate caller ID information | 16 | | with the intent to defraud . | 17 | | (d) No person shall make a telephone solicitation, | 18 | | including a call made through automated dialing or a recorded | 19 | | message, by intentionally altering the voice of the caller in | 20 | | an attempt to disguise or conceal the identity of the caller in | 21 | | order to: | 22 | | (1) defraud, confuse, or financially or otherwise | 23 | | injure the called party; or | 24 | | (2) obtain personal information from the called party | 25 | | that may be used in a fraudulent or unlawful manner. | 26 | | (Source: P.A. 90-541, eff. 6-1-98; 91-182, eff. 1-1-00.) |
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| 1 | | (815 ILCS 413/16 new) | 2 | | Sec. 16. Registration required for telephone solicitors. | 3 | | (a) A person shall not make or cause to be made, or attempt | 4 | | to make or cause to be made, a telephone call soliciting the | 5 | | sale of goods or services to a person in this State unless the | 6 | | person soliciting the sale of goods or services is registered | 7 | | with or employed by a person who is registered with the | 8 | | Illinois Commerce Commission. | 9 | | (b) Every person who makes telephone calls soliciting the | 10 | | sale of goods, including a person whose residence or principal | 11 | | place of business is located outside of this State, shall | 12 | | annually register with the Illinois Commerce Commission. | 13 | | Application for registration shall be on a form prescribed by | 14 | | the Illinois Commerce Commission and shall include the name | 15 | | and address of the applicant and any other information that | 16 | | the Illinois Commerce Commission shall designate by rule. The | 17 | | application shall be accompanied by a reasonable fee, set by | 18 | | the Illinois Commerce Commission in an amount sufficient to | 19 | | offset the Illinois Commerce Commission's expenses incurred in | 20 | | administering the provisions of this Section. | 21 | | (c) After providing notice and the opportunity to be | 22 | | heard, the Illinois Commerce Commission may refuse to issue or | 23 | | renew or revoke any registration for a violation of the | 24 | | provisions of this Act. A refusal or revocation shall not be | 25 | | made except upon reasonable notice to, and opportunity to be |
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| 1 | | heard by, the applicant or registrant. The Illinois Commerce | 2 | | Commission may suspend a registration for a reasonable period | 3 | | of time or assess a civil penalty instead of suspension at the | 4 | | discretion of the Illinois Commerce Commission. | 5 | | (d) The Illinois Commerce Commission shall adopt rules to | 6 | | implement and administer this Section. ". |
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