State of Illinois
91st General Assembly
Legislation

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91_SB1875eng

 
SB1875 Engrossed                               LRB9112445ACtm

 1        AN ACT to amend the Telephone Solicitations Act.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Telephone Solicitations Act is amended by
 5    changing Section 25 as follows:

 6        (815 ILCS 413/25)
 7        Sec. 25.  Violations.
 8        (a)  It is a violation of this Act to make or cause to be
 9    made  telephone  calls  to  any emergency telephone number as
10    defined in Section 5 of this Act. It is a violation  of  this
11    Act  to  make or cause to be made telephone calls in a manner
12    that does not comply with Section 15.
13        (b)  It is a violation of this Act  to  continue  with  a
14    solicitation placed by a live operator without the consent of
15    the called party.
16        (c)  It is an unlawful act or practice and a violation of
17    this  Act for any person engaged in telephone solicitation to
18    obtain or submit for payment a check, draft, or other form of
19    negotiable paper drawn on a person's  checking,  savings,  or
20    other  account  or  on  a  bond  without the person's express
21    written consent.
22        (d) (c)  Enforcement by customer. Any customer injured by
23    a violation of this Act may bring an action for the  recovery
24    of damages. Judgment may be entered for 3 times the amount at
25    which  the  actual  damages  are  assessed,  plus  costs  and
26    reasonable attorney fees.
27        (e)  (d)  Enforcement  by  Attorney General. Violation of
28    any of the provisions of this Act  is  an  unlawful  practice
29    under Section 2Z of the Consumer Fraud and Deceptive Business
30    Practices Act. All remedies, penalties, and authority granted
31    to the Attorney General by that Act shall be available to him
 
SB1875 Engrossed            -2-                LRB9112445ACtm
 1    for the enforcement of this Act. In any action brought by the
 2    Attorney  General  to  enforce  this Act, the court may order
 3    that persons who  incurred  actual  damages  be  awarded  the
 4    amount at which actual damages are assessed.
 5    (Source: P.A. 91-182, eff. 1-1-00.)

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