Public Act 90-0541 of the 90th General Assembly

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Public Act 90-0541

SB663 Re-enrolled                              LRB9002909SMdv

    AN ACT  to  amend  the  Telephone  Solicitations  Act  by
changing Sections 5, 10, and 15.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Telephone Solicitations Act is amended by
changing Sections 5, 10, and 15 as follows:

    (815 ILCS 413/5)
    Sec. 5.  Definitions.  For purposes of this Act:
    (a)  "Emergency telephone  number"  means  any  telephone
number  which  accesses  or  calls  a  fire  department,  law
enforcement  agency,  ambulance,  hospital,  medical  center,
poison control center, rape crisis center, suicide prevention
center,  rescue  service,  the  911  emergency  access number
provided by law enforcement agencies and police departments.
    (b)  "Subscriber" means:
         (1)  A  person  who  has  subscribed  to   telephone
    service from a telephone company; or
         (2)  Other  persons  living  or  residing  with  the
    subscribing person.
    (c)  "Telephone  solicitation"  means  any  communication
through  the  use  of  a  telephone  by  live  operators  for
soliciting the sale of goods or services.
(Source: P.A. 88-288.)

    (815 ILCS 413/10)
    Sec. 10.  Jurisdiction.  No person shall solicit the sale
of  goods or services in this State except in accordance with
this Act. The provisions of  this  Act  shall  not  apply  to
telecommunications carriers as defined in Article XIII of the
Public  Utilities Act or to  any bank, trust company, savings
and  loan  association,  credit  union,  licensee  under  the
Consumer Installment Loan  Act,  licensed  insurer,  licensee
under the Real Estate License Act of 1983,  or any affiliate,
subsidiary, employee, or agent of any such entities.
(Source: P.A. 88-288.)

    (815 ILCS 413/15)
    Sec. 15.  Method of operation.
    (a)  No  person  shall  solicit  the  sale  of  goods  or
services in this State by placing a telephone call during the
hours between 9 p.m. and 8 a.m.
    (b)  A  live  operator  soliciting  the  sale of goods or
services shall:
         (1)  immediately state his or her name, the name  of
    the  business  or organization being represented, and the
    purpose of the call; and
         (2)  inquire at the beginning of  the  call  whether
    the person called consents to the solicitation; and
         (3)  if  the  person called requests to be taken off
    the contact list of the  business  or  organization,  the
    operator  must refrain from calling that person again and
    take all steps necessary to have that person's  name  and
    telephone  number removed from the contact records of the
    business or organization so that the person will  not  be
    contacted   again  by    the  business  or  organization.
    Compliance with Section 310.4(b)  of  the  Federal  Trade
    Commission's  Telemarketing  Sales  Rule shall constitute
    compliance with this subsection (b)(3) of this Section.
(Source:  P.A.  88-288.)

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