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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.)