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| Public Act 098-0546 | ||||
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Automatic Telephone Dialers Act is amended | ||||
by changing Section 30 and by adding Section 22 as follows: | ||||
(815 ILCS 305/22 new) | ||||
Sec. 22. Recordkeeping. | ||||
(a) A person who operates an autodialer to communicate a | ||||
commercial message shall maintain a list of all telephone | ||||
numbers called. | ||||
(b) A person who operates an autodialer to communicate a | ||||
commercial message shall maintain records to sufficiently | ||||
document any exemption claimed under Section 20 of this Act.
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(815 ILCS 305/30) (from Ch. 134, par. 130)
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Sec. 30. Violations.
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(a) It is a violation of this Act to make or cause to be
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made
telephone calls utilizing an autodialer to any emergency | ||||
telephone number
as defined in Section 5.
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.
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(b) It is a violation of this Act to play a
prerecorded
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message placed by an autodialer without the consent of the | ||||
called party.
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(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.
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(c-5) In addition to the damages authorized under | ||
subsection (c), a consumer may obtain statutory damages in the | ||
amount of $500 per violation. | ||
(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
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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. In addition to actual | ||
damages, a court may order that each person who received a call | ||
in violation of this Act be awarded statutory damages in the | ||
amount of $500 per violation.
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(Source: P.A. 91-182, eff. 1-1-00.)
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Section 10. The Restricted Call Registry Act is amended by | ||
adding Sections 45 and 50 as follows: | ||
(815 ILCS 402/45 new) | ||
Sec. 45. Recordkeeping. | ||
(a) A person who makes or causes to be made calls to | ||
communicate a commercial message subject to this Act shall | ||
maintain a list of all telephone numbers called. | ||
(b) A person who makes or causes to be made calls to | ||
communicate a commercial message subject to this Act shall | ||
maintain records to sufficiently document any exemption | ||
claimed under Section 40 of this Act for a period of 24 months | ||
from the date the call is made. | ||
(815 ILCS 402/50 new) | ||
Sec. 50. Enforcement by residential subscriber.Any | ||
residential subscriber who receives a call in violation of this | ||
Act may bring an action for the recovery of damages. In | ||
addition to actual damages, if any, the subscriber may obtain | ||
statutory damages in the amount of $500 per violation. No | ||
action or proceeding may be brought more than one year after | ||
(1) the person bringing the action knew or should have known of | ||
the alleged violation or (2) the termination of any proceeding | ||
or action brought pursuant to Section 35 that arises out of the | ||
same violation.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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