SB3135 96TH GENERAL ASSEMBLY

LRB096 20032 DRJ 35533 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3135

Introduced 2/8/2010, by Sen. Dale A. Righter - Chris Lauzen

SYNOPSIS AS INTRODUCED:

815 ILCS 305/20	from Ch. 134, par. 120
815 ILCS 402/5
815 ILCS 402/10

Amends the Automatic Telephone Dialers Act and the Restricted Call Registry Act. Provides that the Automatic Telephone Dialers Act applies to electioneering autodialer telephone calls but does not apply to other telephone calls made by an autodialer and placed on behalf of a political organization. Prohibits electioneering autodialer telephone calls to telephone service subscribers who have registered their telephone number or numbers on the Restricted Call ("Do Not Call") Registry. Defines "electioneering autodialer telephone call" to mean any voice communication over a telephone line, through the use of an autodialer or autodialer system, that refers to a clearly identified political candidate, political party, or question of public policy and is an appeal to vote for or against a clearly identified candidate, political party, or question of public policy. Effective immediately.

A BILL FOR

AN ACT concerning business.

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 Section 20 as follows:

(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.

(a-5) The provisions of this Act apply to electioneering autodialer telephone calls as defined in Section 5 of the Restricted Call Registry Act but do not apply to other telephone calls made by an autodialer and placed on behalf of a political organization.

(b) Notwithstanding the provisions of subsection (a) or (a-5), all calls made by an autodialer must be made in compliance with the requirements of subsection (d) of Section 15.

(Source: P.A. 91-182, eff. 1-1-00.)

Section 10. The Restricted Call Registry Act is amended by changing Sections 5 and 10 as follows:

(815 ILCS 402/5)

Sec. 5. Definitions. As used in this Act:

(a) "Residential subscriber" means a person or spouse who has subscribed to either residential telephone service from a local exchange company or public mobile services, as defined by Section 13-214 of the Public Utilities Act, a guardian of the person or the person's spouse, or an individual who has power of attorney from or an authorized agent of the person or the person's spouse.

(b) "Established business relationship" means the existence of an oral or written transaction, agreement, contract, or other legal state of affairs involving a person or entity and an existing customer under which both parties have a course of conduct or established pattern of activity for commercial or mercantile purposes and for the benefit or profit of both parties. A pattern of activity does not necessarily mean multiple previous contacts. The established business relationship must exist between the existing customer and the person or entity directly, and does not extend to any related business entity or other business organization of the person or entity or related to the person or entity or the person or entity's agent including but not limited to a parent corporation, subsidiary partnership, company or other corporation or affiliate.

(c) "Existing customer" means an individual who has either:

(1) entered into a transaction, agreement, contract, or other legal state of affairs between a person or entity and a residential subscriber under which the payment or exchange of consideration for any goods or services has taken place within the preceding 18 months or has been arranged to take place at a future time; or

(2) opened or maintained a debit account, credit card account, or other credit or discount program offered by or in conjunction with the person or entity and has not requested the person or entity to close such account or terminate such program.

(d) "Registry" means the Restricted Call Registry established under this Act.

(e) "Telephone solicitation" means any voice communication over a telephone line from a live operator, through the use of an autodialer or autodialer system, as defined in Section 5 of the Automatic Telephone Dialers Act, or by other means for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, or for the purposes of soliciting charitable contributions but does not include communications:

(1) to any residential subscriber with that subscriber's prior express invitation or permission when a voluntary 2-way communication between a person or entity and a residential subscriber has occurred with or without an exchange of consideration. A telephone solicitation is presumed not to be made at the express request of a subscriber if one of the following occurs, as applicable:

(A) The telephone solicitation is made 30 business days after the last date on which the subscriber contacted a business with the purpose of inquiring about the potential purchase of goods or services.

(B) The telephone solicitation is made 30 business days after the last date on which the subscriber consented to be contacted.

(C) The telephone solicitation is made 30 business days after a product or service becomes available where the subscriber has made a request to the business for that product or service that is not then available, and requests a call when the product or service becomes available;

(2) by or on behalf of any person or entity with whom a residential subscriber has an established business relationship which has not been terminated in writing by either party and which is related to the nature of the established business relationship;

(3) by or on behalf of any person or entity with whom a residential subscriber is an existing customer, unless the customer has stated to the person or entity or the person or entity's agent that he or she no longer wishes to receive the telemarketing sales calls of the person or entity, or unless the nature of the call is unrelated to the established business relationship with the existing customer;

(4) by or on behalf of an organization that is exempt from federal income taxation under Section 501(c) of the Internal Revenue Code, but only if the person making the telephone solicitation immediately discloses all of the following information upon making contact with the consumer:

(A) the caller's true first and last name; and

(B) the name, address, and telephone number of the organization;

(5) by or on behalf of an individual licensed under the Real Estate License Act of 2000 or as an insurance producer under the Illinois Insurance Code who either:

(A) is setting or attempting to set a face to face appointment for actions relating to that individual's real estate or insurance business; or

(B) is encouraging or attempting to encourage the purchase or rental of, or investment in, property, goods, or services, which cannot be completed, and for which payment or authorization of payment is not required, until after a written or electronic agreement is signed by the residential subscriber; or

(6) until July 1, 2005, by or on behalf of any entity over which the Federal Communications Commission or the Illinois Commerce Commission has regulatory authority to the extent that, subject to that authority, the entity is required to maintain a license, permit, or certificate to sell or provide telecommunications service, as defined in Section 13-203 of the Public Utilities Act, while the entity is engaged in telephone solicitation for inter-exchange telecommunications service, as defined in Section 13-205 of the Public Utilities Act, or local exchange telecommunications service, as defined in Section 13-204 of the Public Utilities Act or to the extent, subject to the regulatory authority of the Federal Communications Commission, the entity is defined by Title 47 Section 522(5) of the United States Code, or providers of information services as defined by Title 47 Section 153(20) of the United States Code.

(f) "Electioneering autodialer telephone call" means any voice communication over a telephone line, through the use of an autodialer or autodialer system as defined in Section 5 of the Automatic Telephone Dialers Act, that:

(1) refers to (i) a clearly identified candidate or candidates who will appear on the ballot for nomination for election, election, or retention, (ii) a clearly identified political party, or (iii) a clearly identified question of public policy that will appear on the ballot;

(2) is targeted to the relevant electorate; and

(3) is susceptible to no reasonable interpretation other than as an appeal to vote for or against a clearly identified candidate for nomination for election, election, or retention, a political party, or a question of public policy.

(Source: P.A. 92-795, eff. 8-9-02.)

(815 ILCS 402/10)

Sec. 10. Prohibited calls.

(a) Beginning October 1, 2003, it is a violation of this Act for any person or entity to make or cause to be made any telephone solicitation calls to any residential subscriber more than 45 days after the person or entity obtains the Registry or any update of the Registry on which the residential subscriber's telephone number or numbers first appear.

(b) On and after the effective date of this amendatory Act of the 96th General Assembly, it is a violation of this Act for any person or entity to make or cause to be made any electioneering autodialer telephone calls to any residential subscriber more than 45 days after the person or entity obtains the Registry or any update of the Registry on which the residential subscriber's telephone number or numbers first appear.

(Source: P.A. 92-795, eff. 8-9-02; 93-49, eff. 6-30-03.)

Section 99. Effective date. This Act takes effect upon becoming law.