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90_SB0663ren
815 ILCS 413/5
815 ILCS 413/10
815 ILCS 413/15
Amends the Telephone Solicitation Act. Provides that the
Act shall cover services as well as goods. Provides that if
a person is contacted by a live operator soliciting goods or
services for a business or organization, the person may
request to be removed from the contact list of that business
or organization and the operator shall no longer contact that
person and shall take all steps necessary to have that
person's name and telephone number removed from the contact
records of the business or organization.
LRB9002909SMdv
SB663 Re-enrolled LRB9002909SMdv
1 AN ACT to amend the Telephone Solicitations Act by
2 changing Sections 5, 10, and 15.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Telephone Solicitations Act is amended by
6 changing Sections 5, 10, and 15 as follows:
7 (815 ILCS 413/5)
8 Sec. 5. Definitions. For purposes of this Act:
9 (a) "Emergency telephone number" means any telephone
10 number which accesses or calls a fire department, law
11 enforcement agency, ambulance, hospital, medical center,
12 poison control center, rape crisis center, suicide prevention
13 center, rescue service, the 911 emergency access number
14 provided by law enforcement agencies and police departments.
15 (b) "Subscriber" means:
16 (1) A person who has subscribed to telephone
17 service from a telephone company; or
18 (2) Other persons living or residing with the
19 subscribing person.
20 (c) "Telephone solicitation" means any communication
21 through the use of a telephone by live operators for
22 soliciting the sale of goods or services.
23 (Source: P.A. 88-288.)
24 (815 ILCS 413/10)
25 Sec. 10. Jurisdiction. No person shall solicit the sale
26 of goods or services in this State except in accordance with
27 this Act. The provisions of this Act shall not apply to
28 telecommunications carriers as defined in Article XIII of the
29 Public Utilities Act or to any bank, trust company, savings
30 and loan association, credit union, licensee under the
SB663 Re-enrolled -2- LRB9002909SMdv
1 Consumer Installment Loan Act, licensed insurer, licensee
2 under the Real Estate License Act of 1983, or any affiliate,
3 subsidiary, employee, or agent of any such entities.
4 (Source: P.A. 88-288.)
5 (815 ILCS 413/15)
6 Sec. 15. Method of operation.
7 (a) No person shall solicit the sale of goods or
8 services in this State by placing a telephone call during the
9 hours 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
13 the business or organization being represented, and the
14 purpose of the call; and
15 (2) inquire at the beginning of the call whether
16 the person called consents to the solicitation; and
17 (3) if the person called requests to be taken off
18 the contact list of the business or organization, the
19 operator must refrain from calling that person again and
20 take all steps necessary to have that person's name and
21 telephone number removed from the contact records of the
22 business or organization so that the person will not be
23 contacted again by the business or organization.
24 Compliance with Section 310.4(b) of the Federal Trade
25 Commission's Telemarketing Sales Rule shall constitute
26 compliance with this subsection (b)(3) of this Section.
27 (Source: P.A. 88-288.)