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91_SB0349eng SB349 Engrossed LRB9101743SMdvA 1 AN ACT regarding telemarketing. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Telemarketing Registration and Fraud Prevention Act. 6 Section 5. Definitions. As used in this Act, unless the 7 context otherwise requires: 8 "Emergency telephone number" means any telephone number 9 that accesses or calls a fire department, law enforcement 10 agency, ambulance, hospital, medical center, poison control 11 center, rape crisis center, suicide prevention center, rescue 12 service, or the 911 emergency access number provided by law 13 enforcement agencies and police departments. 14 "Investment opportunity" means anything tangible or 15 intangible, that is offered for sale, sold, or traded based 16 wholly or in part on representations, either express or 17 implied, about past, present, or future income, profit, or 18 appreciation. 19 "Person" includes any individual, group of individuals, 20 firm, association, corporation, partnership, joint venture, 21 sole proprietorship, or any other business entity. 22 "Prize" means anything offered or purportedly offered and 23 given or purportedly given to a person by chance. 24 "Prize promotion" means a sweepstakes or other game of 25 chance or an oral or written, express or implied 26 representation that a person has won, has been selected to 27 receive, or is eligible to receive a prize or purported 28 prize. 29 "Seller" means any person who, in connection with a 30 telemarketing transaction, provides, offers to provide, or 31 arranges for others to provide goods or services to the SB349 Engrossed -2- LRB9101743SMdvA 1 customer in exchange for consideration. 2 "Solicitation" means a written or oral notification or 3 advertisement that meets any one of the following terms: 4 (1) The notification or advertisement is 5 transmitted by or on behalf of the seller and by any 6 printed, audio, video, cinematic, telephone, or 7 electronic means. 8 (2) In the case of a notification or advertisement 9 other than by telephone, either of the following 10 conditions is met: 11 (A) The notification or advertisement is 12 followed by a telephone call from a telemarketer; or 13 (B) The notification or advertisement invites 14 a response by telephone, and through that response, 15 a telemarketer attempts to make a sale of goods or 16 services. 17 "Telemarketer" means any person who, in connection with 18 telemarketing, initiates telephone calls to or receives 19 telephone calls from a person in this State. "Telemarketer" 20 also means any person located within this State who, in 21 connection with telemarketing, initiates or receives 22 telephone calls. "Telemarketer" includes, but is not limited 23 to, any person who is an owner, operator, officer, director, 24 or partner to the management activities of a business. 25 "Telemarketing" means a plan, program, or campaign which 26 is conducted to induce the purchase of goods or services by 27 use of one or more telephones and which involves more than 28 one telephone call. "Telemarketing" may also include the 29 notification of a prize award. "Telemarketing" does not 30 include political fundraising. 31 Section 10. Exemptions. For purposes of registration 32 and bonding under Sections 15 and 20, "telemarketer" does not 33 include any of the following: SB349 Engrossed -3- LRB9101743SMdvA 1 (1) Any securities, commodities, or investment brokers, 2 dealers, or investment advisers or associates of securities, 3 commodities, or investment brokers, dealers, or investment 4 advisers subject to license or registration by the Securities 5 and Exchange Commission, the National Association of 6 Securities Dealers, or any other self regulatory organization 7 as defined by 15 U.S.C. 78l, or by an agency of this State or 8 any other state, who are soliciting within the scope of their 9 license or registration. 10 (2) A person engaged in solicitation for a religious, 11 charitable, political, educational, or other noncommercial 12 purpose; a person soliciting for a domestic or foreign 13 nonprofit corporation that is registered with the Illinois 14 Secretary of State; or the Illinois Attorney General's Office 15 under the Charitable Trust Act. 16 (3) A business making a sale to another business. 17 (4) A person that solicits sales by periodically 18 publishing and delivering a catalog of the person's 19 merchandise to prospective purchasers, if the catalog: 20 (A) Contains a written description or illustration 21 of each item offered for sale; and 22 (B) Includes the business or home address of the 23 person soliciting the sale. 24 (5) A person who solicits contracts for maintenance or 25 repair of goods previously purchased from that person or from 26 the person on whose behalf the solicitation is made. 27 (6) A person soliciting a transaction regulated by the 28 Commodity Futures Trading Commission if the person is 29 registered or temporarily licensed with the Commodity Futures 30 Trading Commission under the Commodity Exchange Act (7 U.S.C. 31 1 et seq.), and the person's registration or license is not 32 expired, suspended, or revoked. 33 (7) A supervised financial organization or parent, 34 subsidiary, or affiliate of a supervised financial SB349 Engrossed -4- LRB9101743SMdvA 1 organization, or a licensee under the Consumer Installment 2 Loan Act. 3 (8) A person licensed as an insurance producer under 4 Article XXXI of the Illinois Insurance Code. 5 (9) An insurance company licensed under the Illinois 6 Insurance Code. 7 (10) A person soliciting the sale of services provided 8 by a satellite or cable television system authorized by the 9 federal government or this State to provide services in this 10 State. 11 (11) A telecommunications carrier or its subsidiary or 12 agent, or other business, regulated by the Illinois Commerce 13 Commission under Article XIII of the Public Utilities Act, 14 including but not limited to a telecommunications carrier as 15 defined at Section 13-202 of the Public Utilities Act; a 16 federally licensed cellular telephone service partner or its 17 agents; or a radio telecommunication service provider. 18 (12) A person soliciting business from consumers that 19 have an existing business relationship with or have 20 previously purchased from the business enterprise for which 21 the person is soliciting. 22 (13) A person operating a retail business establishment 23 under the same name as that used in the solicitation: 24 (A) Whose goods or services are displayed and 25 offered for sale at the business establishment; and 26 (B) A majority of whose business involves the 27 consumer obtaining the goods or services at the business 28 establishment. 29 (14) A person soliciting for the sale of a magazine or 30 newspaper of general circulation. 31 (15) An issuer or a subsidiary of an issuer that is 32 authorized to offer securities for sale in this State. 33 (16) A seller who offers: 34 (A) A book, video, record, multimedia club offer, SB349 Engrossed -5- LRB9101743SMdvA 1 contractual plan, or arrangement along with which the 2 seller provides the consumer with a form the consumer may 3 use to instruct the seller not to ship the offered 4 merchandise; 5 (B) A book, video, record, multimedia club offer, 6 contractual plan, or arrangement that is regulated by 7 Part 425 of the Federal Trade Commission regulation 8 concerning the use of negative option plans by sellers in 9 commerce (16 CFR 425); or 10 (C) Books, records, videos, multimedia products, or 11 other goods for sale that are not covered by subdivisions 12 (A) or (B) of this item (16), including continuity plans, 13 subscription arrangements, standing order arrangements, 14 single sales, supplements, or series arrangements under 15 which the seller periodically ships merchandise to a 16 consumer who has consented in advance to receive the 17 merchandise on a periodic basis. 18 (17) A real estate salesperson or broker licensed by 19 this State. 20 (18) Any person that has provided telemarketing sales 21 services under the same business name as, and derives at 22 least 50% of gross telemarketing sales revenues from 23 contracts with, persons exempted under this Section from 24 registration requirements. 25 (19) A person soliciting the sale of food or food 26 products if the solicitation is not intended to and does not 27 result in a sale in excess of $100 to a single address. 28 (20) A public utility or its subsidiary, affiliate, or 29 agent, or other business regulated by the Illinois Commerce 30 Commission under the Public Utilities Act. 31 Section 15. Registration of telemarketers. 32 (a) No person shall act as a seller or telemarketer 33 without first having registered with the Attorney General. SB349 Engrossed -6- LRB9101743SMdvA 1 The initial application for registration shall be made at 2 least 60 days prior to offering consumer goods or services 3 and an application for renewal shall be made on an annual 4 basis thereafter. 5 (b) The Attorney General's Office shall charge 6 reasonable application and renewal fees for administration of 7 the registration requirements pursuant to this Section. All 8 fees collected under this Section shall be deposited in the 9 State Treasury in the special fund known as the 10 Telemarketing Fraud Enforcement Fund and shall be used only 11 for the purposes described in Section 75. The certificate of 12 registration or registration renewal shall expire one year 13 after the date on which it is issued. The application and 14 renewal fees and process shall be established through the 15 promulgation of a rule pursuant to the Illinois 16 Administrative Procedure Act. 17 (c) The application for a certificate of registration 18 or renewal shall include, but not be limited to, the 19 following information: 20 (1) The true name, date of birth, driver's license 21 number, social security number or tax identification 22 number, business address, and home address of the 23 applicant (post office boxes or commercial mail receiving 24 agencies are not permitted), including each name under 25 which the applicant intends to engage in telephone 26 solicitations. 27 (2) Each business or occupation engaged in by the 28 applicant during the 2 years immediately preceding the 29 date of the application, and the location of each such 30 business or occupation. 31 (3) Whether, in a court of competent jurisdiction 32 in this State, any other state, or the United States, any 33 principal or manager has been convicted of, has pleaded 34 guilty to, has entered a plea of no contest for, or is SB349 Engrossed -7- LRB9101743SMdvA 1 being prosecuted by indictment or information for 2 racketeering, any violation of state or federal 3 securities law, or a theft offense. 4 (4) Whether, in any jurisdiction, there has been 5 entered against the applicant an injunction, a temporary 6 restraining order, or a final judgment or order, 7 including an agreed judgment or order, an assurance of 8 voluntary compliance, or any similar instrument, in any 9 civil or administrative action involving fraud, theft, 10 racketeering, embezzlement, fraudulent conversion, 11 misappropriation of property, or any consumer protection 12 law or telemarketing law, or if there is any pending 13 litigation against the applicant involving these matters. 14 (5) Whether, in any jurisdiction, the applicant has 15 been arrested for, has been convicted of, has pleaded 16 guilty to, has entered a plea of no contest to, or is 17 being prosecuted by indictment or information for a 18 felony and, if so, the nature of the felony. 19 (6) Whether in a court of competent jurisdiction of 20 this State, any other state, or the United States, the 21 applicant has been convicted of, has pleaded guilty to, 22 has entered a plea of no contest for, or is being 23 prosecuted by indictment or information for engaging in a 24 pattern of corrupt activity, racketeering, a violation of 25 federal or state securities law, or a theft offense as 26 defined in Section 16-1 of the Criminal Code of 1961 or 27 in similar law of any other state or the United States. 28 (7) Whether the applicant, at any time during the 29 previous 7 years, has filed for bankruptcy, been adjudged 30 bankrupt, or been reorganized because of insolvency. 31 (8) The true name, current home address, date of 32 birth, social security number, and all others by which 33 known or previously known, of each of the following: 34 (A) Each principal officer, director, owner, SB349 Engrossed -8- LRB9101743SMdvA 1 or partner of the applicant, and each other person 2 participating in or responsible for the management 3 of the applicant's business. 4 (B) Each office manager or other person 5 principally responsible for each location from which 6 the applicant will do business. 7 (9) The name and address of every institution where 8 banking or any other monetary transactions are done by 9 the seller. 10 (10) A copy of all scripts, outlines, or 11 presentation material the applicant will require or 12 suggest be used by a salesperson when soliciting as well 13 as all sales information to be provided by the applicant 14 to a purchaser in connection with any solicitation. 15 Section 20. Surety bond. 16 (a) No person shall act as a telemarketer without having 17 first obtained a surety bond issued by a surety company that 18 holds a certificate of authority to do business in this State 19 issued by the Department of Insurance under the Illinois 20 Insurance Code. With regard to the surety bond, the 21 following conditions must be met before a person may act as a 22 telemarketer: 23 (1) A copy of the bond must be filed with the 24 Attorney General. 25 (2) The bond must be in favor of any person, and of 26 the State for the benefit of any person, that is injured 27 by violation of this Act or a rule adopted under this Act 28 pursuant to the Illinois Administrative Procedure Act. 29 (3) The bond must be in the amount of $100,000. 30 (4) The bond must be maintained and in effect for 31 at least 2 years after the date on which the telemarketer 32 ceases to engage in telephone solicitations. 33 (b) Any person making a claim against the bond for SB349 Engrossed -9- LRB9101743SMdvA 1 violation of any provision of this Act or rule adopted under 2 this Act may maintain a civil action against the telemarketer 3 and the surety company. The surety company is liable only 4 for damages awarded under Section 70 and is not liable for 5 attorney's fees awarded under Section 70. The aggregate 6 liability of the surety company to all persons injured by a 7 telemarketer's violation of this Act shall not exceed the 8 amount of the bond. 9 (c) The registration of any telemarketer shall be void 10 upon termination of the bond of the surety company or loss of 11 the bond unless, prior to such termination, a new bond has 12 been filed with the Attorney General's Office. The surety, 13 for any cause, may cancel the bond upon giving a 60 day 14 written notice to the telemarketer and to the Attorney 15 General. Unless the bond is replaced by that of another 16 surety before the expiration of the 60 day notice of 17 cancellation, the registration of the telemarketer shall be 18 treated as lapsed. For 2 years after the cancellation takes 19 effect, a person may make a claim against the bond for a 20 violation that occurred while the bond was in effect. 21 (d) Any person required under this Act to file a bond 22 with a registration application may file, in lieu of the 23 bond, a certificate of deposit, in cash or government bond, 24 in the amount of $100,000. 25 (e) The Attorney General shall hold the cash, 26 certificate of deposit, or government bond for 2 years from 27 the period the telemarketing business ceases to operate or 28 registration lapses in order to pay out claims made against 29 the telemarketing business during its period of operation. 30 Section 25. Record keeping requirements. 31 (a) Any telemarketer shall keep, for a period of 24 32 months from the date the record is produced, the following 33 records: SB349 Engrossed -10- LRB9101743SMdvA 1 (1) All substantially different advertisements, 2 brochures, and other promotional materials. 3 (2) The name and last known address of each prize 4 recipient and the prize awarded for prizes that are 5 represented to have a value of $25 or more. 6 (3) The name and last known address of each 7 consumer, the goods or services purchased, the date such 8 goods or services were shipped or provided, and the 9 amount paid by the consumer for the goods or services. 10 (4) The name, last known home address, telephone 11 number, and job title for all current and former 12 employees directly involved in telephone sales. 13 (5) All written confirmations required to be 14 provided or received under this Act. 15 (b) In the event of any dissolution or termination of 16 the telemarketer's business, the principal of that 17 telemarketer shall maintain all records as required under 18 this Section. In the event of any sale, assignment, or other 19 change in ownership of the seller's business, the purchaser 20 shall maintain all records required under this Section. 21 Section 30. Mandatory disclosures. 22 (a) The telemarketer shall disclose promptly and in a 23 clear and conspicuous manner to a consumer during a telephone 24 solicitation: 25 (1) The identity of the seller. 26 (2) That the purpose of the call is to sell goods 27 or services. 28 (3) The nature of the goods or services. 29 (b) Before a consumer pays for the goods or services 30 offered for sale or provides any financial or payment 31 information to a telemarketer, the telemarketer shall 32 disclose, clearly and conspicuously, the following material 33 information: SB349 Engrossed -11- LRB9101743SMdvA 1 (1) The total cost to purchase, receive, or use the 2 consumer goods or services that are the subject of the 3 telemarketing communication. 4 (2) The quantity of the consumer goods or services 5 that are the subject of the telemarketing solicitation. 6 (3) All material restrictions, limitations, or 7 conditions to purchase, receive, or use the consumer 8 goods or services that are the subject of the 9 telemarketing solicitation. 10 (4) All material aspects of the nature or terms of 11 the telemarketer's refund, cancellation, exchange, or 12 repurchase policies. 13 (5) In any prize promotion: 14 (A) A statement of all material conditions to 15 receive or redeem the prize. 16 (B) The odds of receiving a prize, and if the 17 odds are not calculable in advance, the factors and 18 methods used in calculating the odds. 19 (C) A clear statement that the consumer is not 20 required to make any purchase to win a prize or 21 participate in the prize promotion, including a 22 statement that the consumer is not required to pay 23 any shipping or handling costs. 24 (D) A clear explanation of the 25 no-purchase/no-payment method of participating in 26 the prize promotion. 27 Section 35. Do not call list. It is an unlawful act or 28 practice and violation of this Act for any telemarketer to 29 initiate a telephone solicitation to a consumer who 30 previously has requested the telemarketer to refrain from 31 calling the consumer. Compliance with Section 310.4(b) of 32 the Federal Trade Commission's Telemarketing Sales Rule shall 33 constitute compliance with this Section. SB349 Engrossed -12- LRB9101743SMdvA 1 Section 40. Written confirmation. 2 (a) Except as provided in subsection (c), (d), and (e), 3 the telemarketer shall furnish the consumer, in the same 4 language as that principally used in the sales presentation, 5 a written confirmation. 6 (b) The written confirmation furnished under subsection 7 (a) shall be mailed using first class mail, postage prepaid, 8 no later than 10 days after the telemarketing sale. The 9 written confirmation shall be in 12 point type; shall be a 10 separate document for the purpose of confirming the 11 telemarketing sale; and shall contain the following 12 information: 13 (1) The name and address of the seller. 14 (2) The total costs to purchase, receive, or use, 15 and the quantity of, any goods or services that are the 16 subject of the sale. 17 (3) All material restrictions, limitations, or 18 conditions to purchase, receive, or use the goods or 19 services that are the subject of the sale. 20 (4) If the seller has a policy of not making 21 refunds, cancellations, exchanges, or repurchases, a 22 statement informing the customer that this is the 23 seller's policy; or, if the seller or telemarketer makes 24 a representation about a refund, cancellation, exchange, 25 or repurchase policy, a statement of all material terms 26 and conditions of the policy. 27 (5) A toll-free number to call should the consumer 28 wish to cancel the telemarketing sale. 29 (c) A written confirmation is not required if the 30 telemarketing sale is regulated by other laws of the State. 31 (d) A sale is not subject to the requirements of this 32 Section if the seller, at a minimum, has a policy of: 33 (1) accepting returns or cancelling services in 34 connection with the return of unused and undamaged goods SB349 Engrossed -13- LRB9101743SMdvA 1 or cancelled services for a period of not less than 7 2 days after the date of delivery to the consumer and 3 providing a cash refund for a cash purchase or issuing a 4 credit for a credit purchase applied to the account that 5 was debited; 6 (2) disclosing the seller's refund and return 7 policy to the consumer by telephone or in writing 8 included with advertising or promotional material, or 9 with the delivery of the goods or services; and 10 (3) restoring payments or issuing credits pursuant 11 to subdivision (d)(1), within 30 days after the date on 12 which the seller receives the returned goods or notice of 13 cancellation of services. A seller who discloses in 14 writing that a sale is subject to "satisfaction 15 guaranteed", "free inspection", "a no risk guarantee", or 16 similar words or phrases shall be considered to have met 17 the review and return for refund policy requirements of 18 this subsection. 19 (e) A written confirmation is not required if the 20 telemarketing sale results in a written contract signed by 21 the consumer. 22 Section 45. Acts and practices not covered under this 23 Act. The following acts and practices are not covered under 24 this Act: 25 (1) Telephone calls in which the sale of goods or 26 services is not completed, and payment or authorization of 27 payment is not required, until after a face-to-face 28 presentation by the seller. 29 (2) Telephone calls initiated by a consumer that are not 30 the result of any telephone solicitation by a telemarketer. 31 (3) Telephone calls made by an autodialer as defined in 32 the Automatic Telephone Dialers Act. 33 (4) Telephone calls initiated by a consumer in response SB349 Engrossed -14- LRB9101743SMdvA 1 to a direct mail solicitation that clearly, conspicuously, 2 and truthfully discloses all material information listed in 3 subsection (b) of Section 30 for any item offered in the 4 direct mail solicitation; provided, however, that this 5 exemption does not apply to calls initiated by a consumer in 6 response to a direct mail solicitation relating to prize 7 promotions, investment opportunities, goods or services 8 described in subdivisions (a)(9) and (a)(12) of Section 50, 9 or direct mail solicitations that guarantee or represent a 10 high likelihood of success in obtaining or arranging for 11 extensions of credit, if payment of a fee is required in 12 advance of obtaining the extension of credit. 13 (5) Telephone calls initiated by a consumer in response 14 to an advertisement through any media, other than direct mail 15 solicitations; provided however, that this exemption does not 16 apply to calls initiated by a consumer in response to an 17 advertisement relating to investment opportunities, goods, or 18 services described in subdivisions (a)(9) and (a)(12) of 19 Section 50, or advertisements that guarantee or represent a 20 high likelihood of success in obtaining or arranging for 21 extensions of credit, if payment of a fee is required in 22 advance of obtaining the extension of credit. 23 (6) Telephone calls made by a collection agency 24 registered with the Department of Professional Regulation 25 under the Illinois Collection Agency Act. 26 (7) Telephone calls related to the personal service 27 relationship between a retail business establishment and a 28 consumer who has had or has a business relationship with that 29 retailer. 30 Section 50. Unlawful acts or practices. 31 (a) It is an unlawful act or practice and a violation of 32 this Act for any telemarketer to engage in the following 33 conduct: SB349 Engrossed -15- LRB9101743SMdvA 1 (1) To obtain a certificate of registration or 2 registration renewal through any false or fraudulent 3 representation or make any material misrepresentation in 4 any registration or registration renewal application. 5 (2) To fail to maintain a valid certificate of 6 registration or registration renewal. 7 (3) To provide inaccurate or incomplete information 8 to the Attorney General when making an application for a 9 certificate of registration or registration renewal. 10 (4) To misrepresent that a person is registered or 11 that a person has a valid certificate number. 12 (5) To misrepresent, directly or by implication, 13 any of the following information: 14 (A) The total cost to purchase, receive, or 15 use, and the quantity of, any goods or services that 16 are the subject of a solicitation. 17 (B) A material restriction, limitation, or 18 condition to purchase, receive, or use goods or 19 services that are the subject of a solicitation. 20 (C) A material aspect of the performance, 21 efficacy, nature, or characteristics of goods or 22 services that are the subject of a solicitation. 23 (D) A material aspect of the nature or terms 24 of the seller's refund, cancellation, exchange, or 25 repurchase policies. 26 (E) A material aspect of a prize promotion, 27 including, but not limited to, the odds of being 28 able to receive a prize, the nature of a prize, the 29 actual number of each prize to be awarded or given, 30 or that a purchase or payment of any kind is 31 required to win a prize or participate in a prize 32 promotion. 33 (F) A material aspect of an investment 34 opportunity, including, but not limited to, risk, SB349 Engrossed -16- LRB9101743SMdvA 1 liquidity, earnings potential, or profitability. 2 (G) The telemarketer's affiliation with or 3 endorsement by any government or third-party 4 organization. 5 (6) To make a false or misleading statement to 6 induce a consumer to pay for goods or services. 7 (7) To fail to notify the Attorney General within 8 15 days if, in a court of competent jurisdiction of this 9 State or any other state or the United States, the 10 telemarketer is convicted of, pleads guilty to, or enters 11 a plea of no contest for a felony, engaging in a pattern 12 of corrupt activity, racketeering, a violation of federal 13 or state securities law, or a theft offense. 14 (8) To advertise or represent that registration as 15 a telemarketer is an endorsement or approval by the State 16 or any governmental agency of the State. 17 (9) To request or receive payment of any fee or 18 consideration for goods or services represented to remove 19 derogatory information from or improve a person's credit 20 history, credit record, or credit rating until: 21 (A) The time frame in which the telemarketer 22 has represented all of the goods or services will be 23 provided to that person has expired; and 24 (B) The telemarketer has provided the person 25 with documentation in the form of a consumer report 26 from a consumer reporting agency demonstrating that 27 the promised results have been achieved, such report 28 having been issued more than 6 months after the 29 results were achieved. 30 (10) Obtain or submit for payment a check, draft, 31 or other form of negotiable paper drawn on a person's 32 checking, savings, bond, or other account without the 33 consumer's express written authorization. 34 (11) To procure the services of any professional SB349 Engrossed -17- LRB9101743SMdvA 1 delivery, courier, or other pick-up service to obtain 2 immediate receipt and possession of a consumer's payment 3 unless: 4 (A) Such service is requested by the consumer; 5 and 6 (B) The consumer is actually afforded an 7 opportunity to inspect the goods or services prior 8 to payment. 9 (12) To request or receive payment in advance from 10 a consumer to recover or otherwise aid in the return of 11 money or any other item lost by the consumer in a prior 12 telemarketing transaction. 13 (13) To misrepresent the requirements of this 14 Section. 15 (14) To assist, support, or provide substantial 16 assistance to any telemarketer when the seller knows or 17 should know that the telemarketer is engaged in any act 18 or practice which violates this Section or Section 30. 19 (15) To make or cause to be made a telephone call 20 to any emergency telephone number. 21 (16) To request or receive payment of any fee or 22 consideration in advance of obtaining a loan or other 23 extension of credit when the seller or telemarketer has 24 guaranteed or represented a high likelihood of success in 25 obtaining or arranging a loan or other extension of 26 credit for a consumer. 27 Section 55. Abusive acts and practices unlawful under 28 this Act. It is an abusive telemarketing act or practice and 29 a violation of this Act for any telemarketer to engage in the 30 following conduct: 31 (1) Threaten, intimidate, or use profane or obscene 32 language. 33 (2) Engage any person repeatedly or continuously SB349 Engrossed -18- LRB9101743SMdvA 1 with behavior a reasonable person would deem to be 2 annoying, abusive, or harassing. 3 (3) Initiate an outbound telephone call to a person 4 when that person previously has stated that he or she 5 does not wish to receive an outbound telephone call made 6 on behalf of the telemarketer whose goods or services are 7 being offered in compliance with Section 35. 8 (4) Engage in telemarketing to a person's residence 9 at any time other than between 8 a.m. and 9 p.m. local 10 time, Monday through Sunday, at the called person's 11 location. 12 Section 60. Enforcement by Attorney General. Violation 13 of any of the provisions of this Act is an unlawful practice 14 under the Consumer Fraud and Deceptive Business Practices 15 Act. All remedies, penalties, and authority granted to the 16 Attorney General by that Act shall be available to him for 17 the enforcement of this Act. 18 Section 65. Criminal penalties. A knowing violation of 19 Section 15, 20, 25, 30, 35, 40, 50, or 55 is a Class 4 20 felony. 21 Section 70. Private right of action. 22 (a) Any person who suffers actual damages as a result 23 of a violation of this Act committed by any other person may 24 bring an action against that person. The court, in its 25 discretion, may award actual economic damages or any other 26 relief which the court deems proper. 27 (b) Such action may be commenced in the county in which 28 the person against whom it is brought resides, has his 29 principal place of business, or is doing business, or in the 30 county where the transaction or any substantial portion of 31 the transaction occurred. SB349 Engrossed -19- LRB9101743SMdvA 1 (c) In any action brought by a person under this 2 Section, the court may grant injunctive relief where 3 appropriate and may award, in addition to the relief provided 4 in this Section, reasonable attorney's fees and costs to the 5 prevailing party. 6 (d) Upon commencement of any action brought under this 7 Section, the plaintiff shall mail a copy of the complaint or 8 other initial pleading to the Attorney General and, upon 9 entry of any judgment or order in the action, shall mail a 10 copy of the judgment or order to the Attorney General. 11 (e) Any action for damages under this Section shall be 12 forever barred unless commenced within 3 years after the 13 cause of action accrued; provided that, whenever any action 14 is brought by the Attorney General or a State's Attorney for 15 a violation of this Act, the running of the statute of 16 limitations, with respect to every private right of action 17 for damages which is based in whole or in part on any matter 18 complained of in the action by the Attorney General or 19 State's Attorney, shall be suspended during the pendency of 20 the action, and for one year thereafter. 21 Section 75. Telemarketing Fraud Enforcement Fund. There 22 is hereby created in the State Treasury the Attorney General 23 Telemarketing Fraud Enforcement Fund. The State Treasurer 24 shall deposit in the fund registration fees paid pursuant to 25 this Act. Subject to appropriation by the legislature, the 26 Attorney General shall use the monies in the fund for the 27 administration and enforcement of the program of registration 28 established in this Act and also for educational activities 29 that advance the purposes of this Act. 30 Section 80. Rules. The Attorney General may promulgate 31 any rules necessary to implement this Act, pursuant to the 32 Illinois Administrative Procedure Act, which rules shall have SB349 Engrossed -20- LRB9101743SMdvA 1 the force of law. 2 Section 85. Construction of Act. This Act shall be 3 liberally construed to effect its purposes. 4 Section 905. The State Finance Act is amended by adding 5 Section 5.490 as follows: 6 (30 ILCS 105/5.490 new) 7 Sec. 5.490. The Attorney General Telemarketing Fraud 8 Enforcement Fund. 9 (815 ILCS 413/Act rep.) 10 Section 910. The Telephone Solicitations Act is 11 repealed.