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91_HB0157
LRB9100428JSgc
1 AN ACT concerning telephone solicitations, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Automatic Telephone Dialers Act is
6 amended by changing Sections 5, 15, 20, and 30 as follows:
7 (815 ILCS 305/5) (from Ch. 134, par. 105)
8 Sec. 5. Definitions. For purpose of this Act:
9 (a) "Autodialer" or "Autodialer System" means any
10 telephone dialing or accessing device, machine, computer or
11 system capable of storing telephone numbers which is
12 programmed to sequentially or randomly access the stored
13 telephone numbers in order to automatically connect a
14 telephone with a recorded message, the term does not include
15 any device associated with a burglar alarm system, voice
16 message system or fire alarm system.
17 (b) "Emergency Telephone Number" means any telephone
18 number which accesses or calls a fire department, law
19 enforcement agency, ambulance, hospital, medical center,
20 poison control center, rape crisis center, suicide prevention
21 center, rescue service, the 911 emergency access number
22 provided by law enforcement agencies and police departments.
23 (c) "Recorded Message" means any taped communication
24 soliciting the sale of goods or services without live voice
25 interaction.
26 (d) "Voice Messaging System" means any message delivery
27 service which utilizes an autodialer to deliver
28 non-commercial messages to domestic and international
29 recipients.
30 (e) "Subscriber" means:
31 (1) A person who has subscribed to telephone
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1 service from a telephone company; or
2 (2) Other persons living or residing with the
3 subscribing person.
4 (f) "Caller ID" means the capability to automatically
5 disclose to the recipient of the call the caller's telephone
6 number or identity.
7 (Source: P.A. 87-275.)
8 (815 ILCS 305/15) (from Ch. 134, par. 115)
9 Sec. 15. Method of operation.
10 (a) No person shall operate an autodialer in this State
11 to place a telephone call during the hours between 9 p.m. and
12 9 a.m.
13 (b) All autodialers operated within the State of
14 Illinois shall disconnect within 30 seconds after termination
15 of the call by the subscriber or the autodialer. Where
16 disconnection in 30 seconds is technically not feasible, the
17 autodialer shall utilize a live operator who shall:
18 (1) state his name, the name, address and telephone
19 number of the business or organization being represented
20 and the purpose of the call; and
21 (2) inquire at the beginning of the call whether
22 the person called consents to hear the prerecorded
23 message.
24 (c) An autodialer shall not be used to dial numbers
25 determined by successively increasing or decreasing integers.
26 (d) An autodialer may not be operated in a manner that
27 impedes the function of any caller ID capability of the
28 recipient of the call.
29 (Source: P.A. 87-275; 87-895.)
30 (815 ILCS 305/20) (from Ch. 134, par. 120)
31 Sec. 20. Exemptions.
32 (a) Except as provided in subsection (b), the provisions
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1 of this Act shall not apply to the following types of
2 telephone calls made by an autodialer:
3 (1) calls made in response to an express request of
4 the person called;
5 (2) calls made to any person with whom the
6 telephone solicitor has a prior or existing business
7 relationship;
8 (3) a telephone call placed on behalf of any
9 political, charitable, public opinion polling, research
10 survey, or radio or television broadcast rating
11 organization.
12 (b) Notwithstanding the provisions of subsection (a),
13 all calls made by an autodialer must be made in compliance
14 with the requirements of subsection (d) of Section 15.
15 (Source: P.A. 87-275; 87-895.)
16 (815 ILCS 305/30) (from Ch. 134, par. 130)
17 Sec. 30. Violations.
18 (a) It is shall be a violation of this Act to make or
19 cause to be made telephone calls utilizing an autodialer to
20 any emergency telephone number as defined in Section 5 of
21 this Act. It is a violation of this Act to make or cause to
22 be made telephone calls utilizing an autodialer in a manner
23 that does not comply with Section 15.
24 (b) It is shall be a violation of this Act Section to
25 play a prerecorded message placed by an autodialer without
26 the consent of the called party.
27 (c) Enforcement by customer. Any customer injured by a
28 violation of this Act may bring an action for the recovery of
29 damages. Judgment may be entered for 3 times the amount at
30 which the actual damages are assessed, plus costs and
31 reasonable attorney fees.
32 (d) Enforcement by Attorney General. Violation of any of
33 the provisions of this Act is an unlawful practice under
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1 Section 2Z 20 of the Consumer Fraud and Deceptive Business
2 Practices Act. All remedies, penalties and authority granted
3 to the Attorney General by that Act shall be available to him
4 for the enforcement of this Act. In any action brought by the
5 Attorney General to enforce this Act, the court may order
6 that persons who incurred actual damages be awarded the
7 amount at which actual damages are assessed.
8 (Source: P.A. 87-275.)
9 Section 10. The Telephone Solicitations Act is amended
10 by changing Sections 5, 15, 20, 23, and 25 as follows:
11 (815 ILCS 413/5)
12 Sec. 5. Definitions. For purposes of this Act:
13 "Caller ID" means the capability to automatically
14 disclose to the recipient of the call the caller's telephone
15 number or identity.
16 (a) "Emergency telephone number" means any telephone
17 number which accesses or calls a fire department, law
18 enforcement agency, ambulance, hospital, medical center,
19 poison control center, rape crisis center, suicide prevention
20 center, rescue service, the 911 emergency access number
21 provided by law enforcement agencies and police departments.
22 (b) "Subscriber" means:
23 (1) A person who has subscribed to telephone
24 service from a telephone company; or
25 (2) Other persons living or residing with the
26 subscribing person.
27 (c) "Telephone solicitation" means any communication
28 through the use of a telephone by live operators for
29 soliciting the sale of goods or services.
30 (Source: P.A. 90-541, eff. 6-1-98.)
31 (815 ILCS 413/15)
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1 Sec. 15. Method of operation.
2 (a) No person shall solicit the sale of goods or
3 services in this State by placing a telephone call during the
4 hours between 9 p.m. and 8 a.m.
5 (b) A live operator soliciting the sale of goods or
6 services shall:
7 (1) immediately state his or her name, the name of
8 the business or organization being represented, and the
9 purpose of the call; and
10 (2) inquire at the beginning of the call whether
11 the person called consents to the solicitation; and
12 (3) if the person called requests to be taken off
13 the contact list of the business or organization, the
14 operator must refrain from calling that person again and
15 take all steps necessary to have that person's name and
16 telephone number removed from the contact records of the
17 business or organization so that the person will not be
18 contacted again by the business or organization.
19 Compliance with Section 310.4(b) of the Federal Trade
20 Commission's Telemarketing Sales Rule shall constitute
21 compliance with this subsection (b)(3) of this Section.
22 (c) A person may not solicit the sale of goods or
23 services by telephone in a manner that impedes the function
24 of any caller ID capability of the recipient of the call.
25 (Source: P.A. 90-541, eff. 6-1-98.)
26 (815 ILCS 413/20)
27 Sec. 20. Exemptions.
28 (a) Except as provided in subsection (b), the provisions
29 of this Act shall not apply to telephone calls made by an
30 autodialer. The provisions of this Act do not apply to
31 telephone calls made by a person who is a registered dealer,
32 registered investment adviser, or registered salesperson
33 under Section 8 of the Illinois Securities Law of 1953 or who
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1 is registered as a broker-dealer, registered representative,
2 or salesperson of a broker-dealer under the federal
3 securities laws, when performing acts within the scope of
4 that registration.
5 (b) Notwithstanding the provisions of subsection (a),
6 all telephone calls must be made in compliance with the
7 requirements of subsection (c) of Section 15.
8 (Source: P.A. 88-288.)
9 (815 ILCS 413/23)
10 Sec. 23. Limited exemption.
11 (a) Except as provided in subsection (b), the provisions
12 of this Act shall not apply to any licensed insurance
13 company, its licensed employees or agents when performing
14 acts within the scope of their licenses in relation to
15 existing customers or policyholders, or employees of licensed
16 agents.
17 (b) Notwithstanding the provisions of subsection (a),
18 all telephone calls must be made in compliance with the
19 requirements of subsection (c) of Section 15.
20 (Source: P.A. 88-288.)
21 (815 ILCS 413/25)
22 Sec. 25. Violations.
23 (a) It is shall be a violation of this Act to make or
24 cause to be made telephone calls to any emergency telephone
25 number as defined in Section 5 of this Act. It is a violation
26 of this Act to make or cause to be made telephone calls in a
27 manner that does not comply with Section 15.
28 (b) It is shall be a violation of this Act Section to
29 continue with a solicitation placed by a live operator
30 without the consent of the called party.
31 (c) Enforcement by customer. Any customer injured by a
32 violation of this Act may bring an action for the recovery of
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1 damages. Judgment may be entered for 3 times the amount at
2 which the actual damages are assessed, plus costs and
3 reasonable attorney fees.
4 (d) Enforcement by Attorney General. Violation of any of
5 the provisions of this Act is an unlawful practice under
6 Section 2Z of the Consumer Fraud and Deceptive Business
7 Practices Act. All remedies, penalties, and authority granted
8 to the Attorney General by that Act shall be available to him
9 for the enforcement of this Act. In any action brought by the
10 Attorney General to enforce this Act, the court may order
11 that persons who incurred actual damages be awarded the
12 amount at which actual damages are assessed.
13 (Source: P.A. 88-288.)
14 Section 99. Effective date. This Act takes effect
15 January 1, 2000.