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Public Act 91-0182
HB0157 Enrolled LRB9100428JSgc
AN ACT concerning telephone solicitations, amending named
Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Automatic Telephone Dialers Act is
amended by changing Sections 5, 15, 20, and 30 as follows:
(815 ILCS 305/5) (from Ch. 134, par. 105)
Sec. 5. Definitions. For purpose of this Act:
(a) "Autodialer" or "Autodialer System" means any
telephone dialing or accessing device, machine, computer or
system capable of storing telephone numbers which is
programmed to sequentially or randomly access the stored
telephone numbers in order to automatically connect a
telephone with a recorded message, the term does not include
any device associated with a burglar alarm system, voice
message system or fire alarm system.
(b) "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.
(c) "Recorded Message" means any taped communication
soliciting the sale of goods or services without live voice
interaction.
(d) "Voice Messaging System" means any message delivery
service which utilizes an autodialer to deliver
non-commercial messages to domestic and international
recipients.
(e) "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.
(f) "Caller ID" means the display to the recipient of
the call the caller's telephone number or identity.
(Source: P.A. 87-275.)
(815 ILCS 305/15) (from Ch. 134, par. 115)
Sec. 15. Method of operation.
(a) No person shall operate an autodialer in this State
to place a telephone call during the hours between 9 p.m. and
9 a.m.
(b) All autodialers operated within the State of
Illinois shall disconnect within 30 seconds after termination
of the call by the subscriber or the autodialer. Where
disconnection in 30 seconds is technically not feasible, the
autodialer shall utilize a live operator who shall:
(1) state his name, the name, address and telephone
number 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 hear the prerecorded
message.
(c) An autodialer shall not be used to dial numbers
determined by successively increasing or decreasing integers.
(d) An autodialer may not be operated in a manner that
impedes the function of any caller ID when the telephone
solicitor's service or equipment is capable of allowing the
display of the solicitor's telephone number.
(Source: P.A. 87-275; 87-895.)
(815 ILCS 305/20) (from Ch. 134, par. 120)
Sec. 20. Exemptions.
(a) Except as provided in subsection (b), the provisions
of this Act shall not apply to the following types of
telephone calls made by an autodialer:
(1) calls made in response to an express request of
the person called;
(2) calls made to any person with whom the
telephone solicitor has a prior or existing business
relationship;
(3) a telephone call placed on behalf of any
political, charitable, public opinion polling, research
survey, or radio or television broadcast rating
organization.
(b) Notwithstanding the provisions of subsection (a),
all calls made by an autodialer must be made in compliance
with the requirements of subsection (d) of Section 15.
(Source: P.A. 87-275; 87-895.)
(815 ILCS 305/30) (from Ch. 134, par. 130)
Sec. 30. Violations.
(a) It is shall be a violation of this Act to make or
cause to be made telephone calls utilizing an autodialer to
any emergency telephone number as defined in Section 5 of
this Act. It is a violation of this Act to make or cause to
be made telephone calls utilizing an autodialer in a manner
that does not comply with Section 15.
(b) It is shall be a violation of this Act Section to
play a prerecorded message placed by an autodialer without
the consent of the called party.
(c) Enforcement by customer. Any customer injured by a
violation of this Act may bring an action for the recovery of
damages. Judgment may be entered for 3 times the amount at
which the actual damages are assessed, plus costs and
reasonable attorney fees.
(d) Enforcement by Attorney General. Violation of any of
the provisions of this Act is an unlawful practice under
Section 2Z 20 of the Consumer Fraud and Deceptive Business
Practices Act. All remedies, penalties and authority granted
to the Attorney General by that Act shall be available to him
for the enforcement of this Act. In any action brought by the
Attorney General to enforce this Act, the court may order
that persons who incurred actual damages be awarded the
amount at which actual damages are assessed.
(Source: P.A. 87-275.)
Section 10. The Telephone Solicitations Act is amended
by changing Sections 5, 15, 20, 23, and 25 as follows:
(815 ILCS 413/5)
Sec. 5. Definitions. For purposes of this Act:
"Caller ID" means the display to the recipient of the
call the caller's telephone number or identity.
(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. 90-541, eff. 6-1-98.)
(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.
(c) A person may not solicit the sale of goods or
services by telephone in a manner that impedes the function
of any caller ID when the telephone solicitor's service or
equipment is capable of allowing the display of the
solicitor's telephone number.
(Source: P.A. 90-541, eff. 6-1-98.)
(815 ILCS 413/20)
Sec. 20. Exemptions.
(a) Except as provided in subsection (b), the provisions
of this Act shall not apply to telephone calls made by an
autodialer. The provisions of this Act do not apply to
telephone calls made by a person who is a registered dealer,
registered investment adviser, or registered salesperson
under Section 8 of the Illinois Securities Law of 1953 or who
is registered as a broker-dealer, registered representative,
or salesperson of a broker-dealer under the federal
securities laws, when performing acts within the scope of
that registration.
(b) Notwithstanding the provisions of subsection (a),
all telephone calls must be made in compliance with the
requirements of subsection (c) of Section 15.
(Source: P.A. 88-288.)
(815 ILCS 413/23)
Sec. 23. Limited exemption.
(a) Except as provided in subsection (b), the provisions
of this Act shall not apply to any licensed insurance
company, its licensed employees or agents when performing
acts within the scope of their licenses in relation to
existing customers or policyholders, or employees of licensed
agents.
(b) Notwithstanding the provisions of subsection (a),
all telephone calls must be made in compliance with the
requirements of subsection (c) of Section 15.
(Source: P.A. 88-288.)
(815 ILCS 413/25)
Sec. 25. Violations.
(a) It is shall be a violation of this Act to make or
cause to be made telephone calls to any emergency telephone
number as defined in Section 5 of this Act. It is a violation
of this Act to make or cause to be made telephone calls in a
manner that does not comply with Section 15.
(b) It is shall be a violation of this Act Section to
continue with a solicitation placed by a live operator
without the consent of the called party.
(c) Enforcement by customer. Any customer injured by a
violation of this Act may bring an action for the recovery of
damages. Judgment may be entered for 3 times the amount at
which the actual damages are assessed, plus costs and
reasonable attorney fees.
(d) Enforcement by Attorney General. Violation of any of
the provisions of this Act is an unlawful practice under
Section 2Z of the Consumer Fraud and Deceptive Business
Practices Act. All remedies, penalties, and authority granted
to the Attorney General by that Act shall be available to him
for the enforcement of this Act. In any action brought by the
Attorney General to enforce this Act, the court may order
that persons who incurred actual damages be awarded the
amount at which actual damages are assessed.
(Source: P.A. 88-288.)
Section 99. Effective date. This Act takes effect
January 1, 2000.
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