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91_SB0349sam002
LRB9101743SMdvam06
1 AMENDMENT TO SENATE BILL 349
2 AMENDMENT NO. . Amend Senate Bill 349, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT regarding telemarketing."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Telemarketing Registration and Fraud Prevention Act.
9 Section 5. Definitions. As used in this Act, unless the
10 context otherwise requires:
11 "Emergency telephone number" means any telephone number
12 that accesses or calls a fire department, law enforcement
13 agency, ambulance, hospital, medical center, poison control
14 center, rape crisis center, suicide prevention center, rescue
15 service, or the 911 emergency access number provided by law
16 enforcement agencies and police departments.
17 "Investment opportunity" means anything tangible or
18 intangible, that is offered for sale, sold, or traded based
19 wholly or in part on representations, either express or
20 implied, about past, present, or future income, profit, or
21 appreciation.
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1 "Person" includes any individual, group of individuals,
2 firm, association, corporation, partnership, joint venture,
3 sole proprietorship, or any other business entity.
4 "Prize" means anything offered or purportedly offered and
5 given or purportedly given to a person by chance.
6 "Prize promotion" means a sweepstakes or other game of
7 chance or an oral or written, express or implied
8 representation that a person has won, has been selected to
9 receive, or is eligible to receive a prize or purported
10 prize.
11 "Seller" means any person who, in connection with a
12 telemarketing transaction, provides, offers to provide, or
13 arranges for others to provide goods or services to the
14 customer in exchange for consideration.
15 "Solicitation" means a written or oral notification or
16 advertisement that meets any one of the following terms:
17 (1) The notification or advertisement is
18 transmitted by or on behalf of the seller and by any
19 printed, audio, video, cinematic, telephone, or
20 electronic means.
21 (2) In the case of a notification or advertisement
22 other than by telephone, either of the following
23 conditions is met:
24 (A) The notification or advertisement is
25 followed by a telephone call from a telemarketer; or
26 (B) The notification or advertisement invites
27 a response by telephone, and through that response,
28 a telemarketer attempts to make a sale of goods or
29 services.
30 "Telemarketer" means any person who, in connection with
31 telemarketing, initiates telephone calls to or receives
32 telephone calls from a person in this State. "Telemarketer"
33 also means any person located within this State who, in
34 connection with telemarketing, initiates or receives
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1 telephone calls. "Telemarketer" includes but is not limited
2 to, any person who is an owner, operator, officer, director,
3 or partner to the management activities of a business.
4 "Telemarketing" means a plan, program, or campaign which
5 is conducted to induce the purchase of goods or services by
6 use of one or more telephones and which involves more than
7 one telephone call. "Telemarketing" may also include the
8 notification of a prize award. "Telemarketing" does not
9 include political fundraising.
10 Section 10. Exemptions. For purposes of registration
11 and bonding under Sections 15 and 20, "telemarketer" does not
12 include any of the following:
13 (1) Any securities, commodities, or investment brokers,
14 dealers, or investment advisers or associates of securities,
15 commodities, or investment brokers, dealers, or investment
16 advisers subject to license or registration by the Securities
17 and Exchange Commission, the National Association of
18 Securities Dealers, or any other self regulatory organization
19 as defined by 15 U.S.C. 78l, or by an agency of this State or
20 any other state, who are soliciting within the scope of their
21 license or registration.
22 (2) A person engaged in solicitation for a religious,
23 charitable, political, educational, or other noncommercial
24 purpose; a person soliciting for a domestic or foreign
25 nonprofit corporation that is registered with the Illinois
26 Secretary of State; or the Illinois Attorney General's Office
27 under the Charitable Trust Act.
28 (3) A business making a sale to another business.
29 (4) A person that solicits sales by periodically
30 publishing and delivering a catalog of the person's
31 merchandise to prospective purchasers, if the catalog:
32 (A) Contains a written description or illustration
33 of each item offered for sale; and
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1 (B) Includes the business or home address of the
2 person soliciting the sale.
3 (5) A person who solicits contracts for maintenance or
4 repair of goods previously purchased from that person or from
5 the person on whose behalf the solicitation is made.
6 (6) A person soliciting a transaction regulated by the
7 Commodity Futures Trading Commission if the person is
8 registered or temporarily licensed with the Commodity Futures
9 Trading Commission under the Commodity Exchange Act (7 U.S.C.
10 1 et seq.), and the person's registration or license is not
11 expired, suspended, or revoked.
12 (7) A supervised financial organization or parent,
13 subsidiary, or affiliate of a supervised financial
14 organization, or a licensee under the Consumer Installment
15 Loan Act.
16 (8) A person licensed as an insurance producer under
17 Article XXXI of the Illinois Insurance Code.
18 (9) An insurance company licensed under the Illinois
19 Insurance Code.
20 (10) A person soliciting the sale of services provided
21 by a satellite or cable television system authorized by the
22 federal government or this State to provide services in this
23 State.
24 (11) A telecommunications carrier or its subsidiary or
25 agent, or other business, regulated by the Illinois Commerce
26 Commission under Article XIII of the Public Utilities Act,
27 including but not limited to a telecommunications carrier as
28 defined at Section 13-202 of the Public Utilities Act; a
29 federally licensed cellular telephone service partner or its
30 agents; or a radio telecommunication service provider.
31 (12) A person soliciting business from consumers that
32 have an existing business relationship with or have
33 previously purchased from the business enterprise for which
34 the person is soliciting.
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1 (13) A person operating a retail business establishment
2 under the same name as that used in the solicitation:
3 (A) Whose goods or services are displayed and
4 offered for sale at the business establishment; and
5 (B) A majority of whose business involves the
6 consumer obtaining the goods or services at the business
7 establishment.
8 (14) A person soliciting for the sale of a magazine or
9 newspaper of general circulation.
10 (15) An issuer or a subsidiary of an issuer that is
11 authorized to offer securities for sale in this State.
12 (16) A seller who offers:
13 (A) A book, video, record, multimedia club offer,
14 contractual plan, or arrangement along with which the
15 seller provides the consumer with a form the consumer may
16 use to instruct the seller not to ship the offered
17 merchandise;
18 (B) A book, video, record, multimedia club offer,
19 contractual plan, or arrangement that is regulated by
20 Part 425 of the Federal Trade Commission regulation
21 concerning the use of negative option plans by sellers in
22 commerce (16 CFR 425); or
23 (C) Books, records, videos, multimedia products, or
24 other goods for sale that are not covered by subdivisions
25 (A) or (B) of this item (16), including continuity plans,
26 subscription arrangements, standing order arrangements,
27 single sales, supplements, or series arrangements under
28 which the seller periodically ships merchandise to a
29 consumer who has consented in advance to receive the
30 merchandise on a periodic basis.
31 (17) A real estate salesperson or broker licensed by
32 this State.
33 (18) Any person that has provided telemarketing sales
34 services under the same business name as, and derives at
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1 least 50% of gross telemarketing sales revenues from
2 contracts with, persons exempted under this Section from
3 registration requirements.
4 (19) A person soliciting the sale of food or food
5 products if the solicitation is not intended to and does not
6 result in a sale in excess of $100 to a single address.
7 (20) A public utility or its subsidiary, affiliate, or
8 agent, or other business regulated by the Illinois Commerce
9 Commission under the Public Utilities Act.
10 Section 15. Registration of telemarketers.
11 (a) No person shall act as a seller or telemarketer
12 without first having registered with the Attorney General.
13 The initial application for registration shall be made at
14 least 60 days prior to offering consumer goods or services
15 and an application for renewal shall be made on an annual
16 basis thereafter.
17 (b) The Attorney General's Office shall charge
18 reasonable application and renewal fees for administration of
19 the registration requirements pursuant to this Section. All
20 fees collected under this Section shall be deposited in the
21 State Treasury in the special fund known as the
22 Telemarketing Fraud Enforcement Fund and shall be used only
23 for the purposes described in Section 75. The certificate of
24 registration or registration renewal shall expire one year
25 after the date on which it is issued. The application and
26 renewal fees and process shall be established through the
27 promulgation of a rule pursuant to the Illinois
28 Administrative Procedure Act.
29 (c) The application for a certificate of registration
30 or renewal shall include, but not be limited to, the
31 following information:
32 (1) The true name, date of birth, driver's license
33 number, social security number or tax identification
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1 number, business address, and home address of the
2 applicant (post office boxes or commercial mail receiving
3 agencies are not permitted), including each name under
4 which the applicant intends to engage in telephone
5 solicitations.
6 (2) Each business or occupation engaged in by the
7 applicant during the 2 years immediately preceding the
8 date of the application, and the location of each such
9 business or occupation.
10 (3) Whether, in a court of competent jurisdiction
11 in this State, any other state, or the United States, any
12 principal or manager has been convicted of, has pleaded
13 guilty to, has entered a plea of no contest for, or is
14 being prosecuted by indictment or information for
15 racketeering, any violation of state or federal
16 securities law, or a theft offense.
17 (4) Whether, in any jurisdiction, there has been
18 entered against the applicant an injunction, a temporary
19 restraining order, or a final judgment or order,
20 including an agreed judgment or order, an assurance of
21 voluntary compliance, or any similar instrument, in any
22 civil or administrative action involving fraud, theft,
23 racketeering, embezzlement, fraudulent conversion,
24 misappropriation of property, or any consumer protection
25 law or telemarketing law, or if there is any pending
26 litigation against the applicant involving these matters.
27 (5) Whether, in any jurisdiction, the applicant has
28 been arrested for, has been convicted of, has pleaded
29 guilty to, has entered a plea of no contest to, or is
30 being prosecuted by indictment or information for a
31 felony and, if so, the nature of the felony.
32 (6) Whether in a court of competent jurisdiction of
33 this State, any other state, or the United States, the
34 applicant has been convicted of, has pleaded guilty to,
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1 has entered a plea of no contest for, or is being
2 prosecuted by indictment or information for engaging in a
3 pattern of corrupt activity, racketeering, a violation of
4 federal or state securities law, or a theft offense as
5 defined in Section 16-1 of the Criminal Code of 1961 or
6 in similar law of any other state or the United States.
7 (7) Whether the applicant, at any time during the
8 previous 7 years, has filed for bankruptcy, been adjudged
9 bankrupt, or been reorganized because of insolvency.
10 (8) The true name, current home address, date of
11 birth, social security number, and all others by which
12 known or previously known, of each of the following:
13 (A) Each principal officer, director, owner,
14 or partner of the applicant, and each other person
15 participating in or responsible for the management
16 of the applicant's business.
17 (B) Each office manager or other person
18 principally responsible for each location from which
19 the applicant will do business.
20 (9) The name and address of every institution where
21 banking or any other monetary transactions are done by
22 the seller.
23 (10) A copy of all scripts, outlines, or
24 presentation material the applicant will require or
25 suggest be used by a salesperson when soliciting as well
26 as all sales information to be provided by the applicant
27 to a purchaser in connection with any solicitation.
28 Section 20. Surety bond.
29 (a) No person shall act as a telemarketer without having
30 first obtained a surety bond issued by a surety company that
31 holds a certificate of authority to do business in this State
32 issued by the Department of Insurance under the Illinois
33 Insurance Code. With regard to the surety bond, the
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1 following conditions must be met before a person may act as a
2 telemarketer:
3 (1) A copy of the bond must be filed with the
4 Attorney General.
5 (2) The bond must be in favor of any person, and of
6 the State for the benefit of any person, that is injured
7 by violation of this Act or a rule adopted under this Act
8 pursuant to the Illinois Administrative Procedure Act.
9 (3) The bond must be in the amount of $100,000.
10 (4) The bond must be maintained and in effect for
11 at least 2 years after the date on which the telemarketer
12 ceases to engage in telephone solicitations.
13 (b) Any person making a claim against the bond for
14 violation of any provision of this Act or rule adopted under
15 this Act may maintain a civil action against the telemarketer
16 and the surety company. The surety company is liable only
17 for damages awarded under Section 70 and is not liable for
18 attorney's fees awarded under Section 70. The aggregate
19 liability of the surety company to all persons injured by a
20 telemarketer's violation of this Act shall not exceed the
21 amount of the bond.
22 (c) The registration of any telemarketer shall be void
23 upon termination of the bond of the surety company or loss of
24 the bond unless, prior to such termination, a new bond has
25 been filed with the Attorney General's Office. The surety,
26 for any cause, may cancel the bond upon giving a 60 day
27 written notice to the telemarketer and to the Attorney
28 General. Unless the bond is replaced by that of another
29 surety before the expiration of the 60 day notice of
30 cancellation, the registration of the telemarketer shall be
31 treated as lapsed. For 2 years after the cancellation takes
32 effect, a person may make a claim against the bond for a
33 violation that occurred while the bond was in effect.
34 (d) Any person required under this Act to file a bond
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1 with a registration application may file, in lieu of the
2 bond, a certificate of deposit, in cash or government bond,
3 in the amount of $100,000.
4 (e) The Attorney General shall hold the cash,
5 certificate of deposit, or government bond for 2 years from
6 the period the telemarketing business ceases to operate or
7 registration lapses in order to pay out claims made against
8 the telemarketing business during its period of operation.
9 Section 25. Record keeping requirements.
10 (a) Any telemarketer shall keep, for a period of 24
11 months from the date the record is produced, the following
12 records:
13 (1) All substantially different advertisements,
14 brochures, and other promotional materials.
15 (2) The name and last known address of each prize
16 recipient and the prize awarded for prizes that are
17 represented to have a value of $25 or more.
18 (3) The name and last known address of each
19 consumer, the goods or services purchased, the date such
20 goods or services were shipped or provided, and the
21 amount paid by the consumer for the goods or services.
22 (4) The name, last known home address, telephone
23 number, and job title for all current and former
24 employees directly involved in telephone sales.
25 (5) All written confirmations required to be
26 provided or received under this Act.
27 (b) In the event of any dissolution or termination of
28 the telemarketer's business, the principal of that
29 telemarketer shall maintain all records as required under
30 this Section. In the event of any sale, assignment, or other
31 change in ownership of the seller's business, the purchaser
32 shall maintain all records required under this Section.
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1 Section 30. Mandatory disclosures.
2 (a) The telemarketer shall disclose promptly and in a
3 clear and conspicuous manner to a consumer during a telephone
4 solicitation:
5 (1) The identity of the seller.
6 (2) That the purpose of the call is to sell goods
7 or services.
8 (3) The nature of the goods or services.
9 (b) Before a consumer pays for the goods or services
10 offered for sale or provides any financial or payment
11 information to a telemarketer, the telemarketer shall
12 disclose, clearly and conspicuously, the following material
13 information:
14 (1) The total cost to purchase, receive, or use the
15 consumer goods or services that are the subject of the
16 telemarketing communication.
17 (2) The quantity of the consumer goods or services
18 that are the subject of the telemarketing solicitation.
19 (3) All material restrictions, limitations, or
20 conditions to purchase, receive, or use the consumer
21 goods or services that are the subject of the
22 telemarketing solicitation.
23 (4) All material aspects of the nature or terms of
24 the telemarketer's refund, cancellation, exchange, or
25 repurchase policies.
26 (5) In any prize promotion:
27 (A) A statement of all material conditions to
28 receive or redeem the prize.
29 (B) The odds of receiving a prize, and if the
30 odds are not calculable in advance, the factors and
31 methods used in calculating the odds.
32 (C) A clear statement that the consumer is not
33 required to make any purchase to win a prize or
34 participate in the prize promotion, including a
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1 statement that the consumer is not required to pay
2 any shipping or handling costs.
3 (D) A clear explanation of the
4 no-purchase/no-payment method of participating in
5 the prize promotion.
6 Section 35. Do not call list. It is an unlawful act or
7 practice and violation of this Act for any telemarketer to
8 initiate a telephone solicitation to a consumer who
9 previously has requested the telemarketer to refrain from
10 calling the consumer. Compliance with Section 310.4(b) of
11 the Federal Trade Commission's Telemarketing Sales Rule shall
12 constitute compliance with this Section.
13 Section 40. Written confirmation.
14 (a) Except as provided in subsection (c), (d), and (e),
15 the telemarketer shall furnish the consumer, in the same
16 language as that principally used in the sales presentation,
17 a written confirmation.
18 (b) The written confirmation furnished under subsection
19 (a) shall be mailed using first class mail, postage prepaid,
20 no later than 10 days after the telemarketing sale. The
21 written confirmation shall be in 12 point type; shall be a
22 separate document for the purpose of confirming the
23 telemarketing sale; and shall contain the following
24 information:
25 (1) The name and address of the seller.
26 (2) The total costs to purchase, receive, or use,
27 and the quantity of, any goods or services that are the
28 subject of the sale.
29 (3) All material restrictions, limitations, or
30 conditions to purchase, receive, or use the goods or
31 services that are the subject of the sale.
32 (4) If the seller has a policy of not making
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1 refunds, cancellations, exchanges, or repurchases, a
2 statement informing the customer that this is the
3 seller's policy; or, if the seller or telemarketer makes
4 a representation about a refund, cancellation, exchange,
5 or repurchase policy, a statement of all material terms
6 and conditions of the policy.
7 (5) A toll-free number to call should the consumer
8 wish to cancel the telemarketing sale.
9 (c) A written confirmation is not required if the
10 telemarketing sale is regulated by other laws of the State.
11 (d) A sale is not subject to the requirements of this
12 Section if the seller, at a minimum, has a policy of:
13 (1) accepting returns or cancelling services in
14 connection with the return of unused and undamaged goods
15 or cancelled services for a period of not less than 7
16 days after the date of delivery to the consumer and
17 providing a cash refund for a cash purchase or issuing a
18 credit for a credit purchase applied to the account that
19 was debited;
20 (2) disclosing the seller's refund and return
21 policy to the consumer by telephone or in writing
22 included with advertising or promotional material, or
23 with the delivery of the goods or services; and
24 (3) restoring payments or issuing credits pursuant
25 to subdivision (d)(1), within 30 days after the date on
26 which the seller receives the returned goods or notice of
27 cancellation of services. A seller who discloses in
28 writing that a sale is subject to "satisfaction
29 guaranteed", "free inspection", "a no risk guarantee", or
30 similar words or phrases shall be considered to have met
31 the review and return for refund policy requirements of
32 this subsection.
33 (e) A written confirmation is not required if the
34 telemarketing sale results in a written contract signed by
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1 the consumer.
2 Section 45. Acts and practices not covered under this
3 Act. The following acts and practices are not covered under
4 this Act:
5 (1) Telephone calls in which the sale of goods or
6 services is not completed, and payment or authorization of
7 payment is not required, until after a face-to-face
8 presentation by the seller.
9 (2) Telephone calls initiated by a consumer that are not
10 the result of any telephone solicitation by a telemarketer.
11 (3) Telephone calls made by an autodialer as defined in
12 the Automatic Telephone Dialers Act.
13 (4) Telephone calls initiated by a consumer in response
14 to a direct mail solicitation that clearly, conspicuously,
15 and truthfully discloses all material information listed in
16 subsection (b) of Section 30 for any item offered in the
17 direct mail solicitation; provided, however, that this
18 exemption does not apply to calls initiated by a consumer in
19 response to a direct mail solicitation relating to prize
20 promotions, investment opportunities, goods or services
21 described in subdivisions (a)(9) and (a)(12) of Section 50,
22 or direct mail solicitations that guarantee or represent a
23 high likelihood of success in obtaining or arranging for
24 extensions of credit, if payment of a fee is required in
25 advance of obtaining the extension of credit.
26 (5) Telephone calls initiated by a consumer in response
27 to an advertisement through any media, other than direct mail
28 solicitations; provided however, that this exemption does not
29 apply to calls initiated by a consumer in response to an
30 advertisement relating to investment opportunities, goods, or
31 services described in subdivisions (a)(9) and (a)(12) of
32 Section 50, or advertisements that guarantee or represent a
33 high likelihood of success in obtaining or arranging for
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1 extensions of credit, if payment of a fee is required in
2 advance of obtaining the extension of credit.
3 (6) Telephone calls made by a collection agency
4 registered with the Department of Professional Regulation
5 under the Illinois Collection Agency Act.
6 (7) Telephone calls related to the personal service
7 relationship between a retail business establishment and a
8 consumer who has had or has a business relationship with that
9 retailer.
10 Section 50. Unlawful acts or practices.
11 (a) It is an unlawful act or practice and a violation of
12 this Act for any telemarketer to engage in the following
13 conduct:
14 (1) To obtain a certificate of registration or
15 registration renewal through any false or fraudulent
16 representation or make any material misrepresentation in
17 any registration or registration renewal application.
18 (2) To fail to maintain a valid certificate of
19 registration or registration renewal.
20 (3) To provide inaccurate or incomplete information
21 to the Attorney General when making an application for a
22 certificate of registration or registration renewal.
23 (4) To misrepresent that a person is registered or
24 that a person has a valid certificate number.
25 (5) To misrepresent, directly or by implication,
26 any of the following information:
27 (A) The total cost to purchase, receive, or
28 use, and the quantity of, any goods or services that
29 are the subject of a solicitation.
30 (B) A material restriction, limitation, or
31 condition to purchase, receive, or use goods or
32 services that are the subject of a solicitation.
33 (C) A material aspect of the performance,
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1 efficacy, nature, or characteristics of goods or
2 services that are the subject of a solicitation.
3 (D) A material aspect of the nature or terms
4 of the seller's refund, cancellation, exchange, or
5 repurchase policies.
6 (E) A material aspect of a prize promotion,
7 including, but not limited to, the odds of being
8 able to receive a prize, the nature of a prize, the
9 actual number of each prize to be awarded or given,
10 or that a purchase or payment of any kind is
11 required to win a prize or participate in a prize
12 promotion.
13 (F) A material aspect of an investment
14 opportunity, including, but not limited to, risk,
15 liquidity, earnings potential, or profitability.
16 (G) The telemarketer's affiliation with or
17 endorsement by any government or third-party
18 organization.
19 (6) To make a false or misleading statement to
20 induce a consumer to pay for goods or services.
21 (7) To fail to notify the Attorney General within
22 15 days if, in a court of competent jurisdiction of this
23 State or any other state or the United States, the
24 telemarketer is convicted of, pleads guilty to, or enters
25 a plea of no contest for a felony, engaging in a pattern
26 of corrupt activity, racketeering, a violation of federal
27 or state securities law, or a theft offense.
28 (8) To advertise or represent that registration as
29 a telemarketer is an endorsement or approval by the State
30 or any governmental agency of the State.
31 (9) To request or receive payment of any fee or
32 consideration for goods or services represented to remove
33 derogatory information from or improve a person's credit
34 history, credit record, or credit rating until:
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1 (A) The time frame in which the telemarketer
2 has represented all of the goods or services will be
3 provided to that person has expired; and
4 (B) The telemarketer has provided the person
5 with documentation in the form of a consumer report
6 from a consumer reporting agency demonstrating that
7 the promised results have been achieved, such report
8 having been issued more than 6 months after the
9 results were achieved.
10 (10) Obtain or submit for payment a check, draft,
11 or other form of negotiable paper drawn on a person's
12 checking, savings, bond, or other account without the
13 consumer's express written authorization.
14 (11) To procure the services of any professional
15 delivery, courier, or other pick-up service to obtain
16 immediate receipt and possession of a consumer's payment
17 unless:
18 (A) Such service is requested by the consumer;
19 and
20 (B) The consumer is actually afforded an
21 opportunity to inspect the goods or services prior
22 to payment.
23 (12) To request or receive payment in advance from
24 a consumer to recover or otherwise aid in the return of
25 money or any other item lost by the consumer in a prior
26 telemarketing transaction.
27 (13) To misrepresent the requirements of this
28 Section.
29 (14) To assist, support, or provide substantial
30 assistance to any telemarketer when the seller knows or
31 should know that the telemarketer is engaged in any act
32 or practice which violates this Section or Section 30.
33 (15) To make or cause to be made a telephone call
34 to any emergency telephone number.
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1 (16) To request or receive payment of any fee or
2 consideration in advance of obtaining a loan or other
3 extension of credit when the seller or telemarketer has
4 guaranteed or represented a high likelihood of success in
5 obtaining or arranging a loan or other extension of
6 credit for a consumer.
7 Section 55. Abusive acts and practices unlawful under
8 this Act. It is an abusive telemarketing act or practice and
9 a violation of this Act for any telemarketer to engage in the
10 following conduct:
11 (1) Threaten, intimidate, or use profane or obscene
12 language.
13 (2) Engage any person repeatedly or continuously
14 with behavior a reasonable person would deem to be
15 annoying, abusive, or harassing.
16 (3) Initiate an outbound telephone call to a person
17 when that person previously has stated that he or she
18 does not wish to receive an outbound telephone call made
19 on behalf of the telemarketer whose goods or services are
20 being offered in compliance with Section 35.
21 (4) Engage in telemarketing to a person's residence
22 at any time other than between 8 a.m. and 9 p.m. local
23 time, Monday through Sunday, at the called person's
24 location.
25 Section 60. Enforcement by Attorney General. Violation
26 of any of the provisions of this Act is an unlawful practice
27 under the Consumer Fraud and Deceptive Business Practices
28 Act. All remedies, penalties, and authority granted to the
29 Attorney General by that Act shall be available to him for
30 the enforcement of this Act.
31 Section 65. Criminal penalties. A knowing violation of
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1 Section 15, 20, 25, 30, 35, 40, 50, or 55 is a Class 4
2 felony.
3 Section 70. Private right of action.
4 (a) Any person who suffers actual damages as a result
5 of a violation of this Act committed by any other person may
6 bring an action against that person. The court, in its
7 discretion, may award actual economic damages or any other
8 relief which the court deems proper.
9 (b) Such action may be commenced in the county in which
10 the person against whom it is brought resides, has his
11 principal place of business, or is doing business, or in the
12 county where the transaction or any substantial portion of
13 the transaction occurred.
14 (c) In any action brought by a person under this
15 Section, the court may grant injunctive relief where
16 appropriate and may award, in addition to the relief provided
17 in this Section, reasonable attorney's fees and costs to the
18 prevailing party.
19 (d) Upon commencement of any action brought under this
20 Section, the plaintiff shall mail a copy of the complaint or
21 other initial pleading to the Attorney General and, upon
22 entry of any judgment or order in the action, shall mail a
23 copy of the judgment or order to the Attorney General.
24 (e) Any action for damages under this Section shall be
25 forever barred unless commenced within 3 years after the
26 cause of action accrued; provided that, whenever any action
27 is brought by the Attorney General or a State's Attorney for
28 a violation of this Act, the running of the statute of
29 limitations, with respect to every private right of action
30 for damages which is based in whole or in part on any matter
31 complained of in the action by the Attorney General or
32 State's Attorney, shall be suspended during the pendency of
33 the action, and for one year thereafter.
-20- LRB9101743SMdvam06
1 Section 75. Telemarketing Fraud Enforcement Fund. There
2 is hereby created in the State Treasury the Attorney General
3 Telemarketing Fraud Enforcement Fund. The State Treasurer
4 shall deposit in the fund registration fees paid pursuant to
5 this Act. Subject to appropriation by the legislature, the
6 Attorney General shall use the monies in the fund for the
7 administration and enforcement of the program of registration
8 established in this Act and also for educational activities
9 that advance the purposes of this Act.
10 Section 80. Rules. The Attorney General may promulgate
11 any rules necessary to implement this Act, pursuant to the
12 Illinois Administrative Procedure Act, which rules shall have
13 the force of law.
14 Section 85. Construction of Act. This Act shall be
15 liberally construed to effect its purposes.
16 Section 905. The State Finance Act is amended by adding
17 Section 5.490 as follows:
18 (30 ILCS 105/5.490 new)
19 Sec. 5.490. The Attorney General Telemarketing Fraud
20 Enforcement Fund.
21 (815 ILCS 413/Act rep.)
22 Section 910. The Telephone Solicitations Act is
23 repealed.".