Senate Sponsors: GEO-KARIS-RADOGNO-NOLAND-PETKA-OBAMA, LIGHTFORD, SYVERSON, DELEO, LINK, WALSH,L, PARKER AND DEMUZIO. House Sponsors: MOORE,ANDREA-GARRETT-DART-O'CONNOR-MITCHELL,BILL Short description: TELEMARKETING REGISTRATION ACT Synopsis of Bill as introduced: Creates the Telemarketing Registration and Fraud Prevention Act. Requires telemarketers to register with the Attorney General, obtain a surety bond, and maintain certain business records. Requires telemarketers to disclose certain information within the first 60 seconds of any telemarketing call and provides that no telemarketing transaction is complete until the consumer returns a signed, written contract to the telemarketer. Provides that it is an unlawful act or practice and a violation of the Act to call a person on a do not call list. Itemizes actions of a telemarketer that are unlawful and abusive and a violation of the Act. Provides that the Attorney General may enforce violations of the Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides for criminal penalties for violations of certain provisions. Provides for a private right of action for a violation of the Act. Authorizes the Attorney General to promulgate rules to implement the Act. Creates the Attorney General Telemarketing Fraud Enforcement Fund to be funded by registration fees and used for administration, enforcement, and educational activities related to the Act. Amends the State Finance Act to add the fund. Repeals the Telephone Solicitations Act. SENATE AMENDMENT NO. 1. Deletes reference to: 30 ILCS 105/5.490 new 815 ILCS 413/Act rep. Deletes everything. Reinserts only the short title of the Act as introduced. SENATE AMENDMENT NO. 2. Adds reference to: 30 ILCS 105/5.490 new 815 ILCS 413/Act rep. Deletes everything. Reinserts provisions similar to the bill as introduced. Provides that those exempt from the coverage of the Act as "telemarketers" for purposes of registration are also exempt from the bond requirement under the Act. Adds to the list of those exempt, an insurance company licensed under the Illinois Insurance Code, a licensee under the Consumer Installment Loan Act, and a public utility or its subsidiary, affiliate, or agent or other business regulated by the Illinois Commerce Commission under the Public Utilities Act. Replaces the provisions requiring a signed written contract by a consumer before a telemarketing solicitation shall be deemed final with provisions requiring the telemarketer to mail written confirmation of the sale within 10 days after the sale. Adds as acts and practices not covered under this Act, certain calls initiated by a consumer in response to a direct mail solicitation and calls related to the personal service relationship between a retail business and a consumer who has had or has a business relationship with the retailer. Provides that the use of the funds in the Telemarketing Fraud Enforcement Fund is subject to appropriation. Makes other changes. HOUSE AMENDMENT NO. 1. Deletes the definition of "solicitation". Removes provisions defining the term "telemarketer" based on who receives telephone calls. Adds, as an entity not included as a telemarketer for purposes of registration and bonding, a person, partnership, association, corporation, or any other entity licensed under the Residential Mortgage License Act of 1987. In provisions requiring the telemarketer to disclose the total cost to purchase, receive, or use a consumer good or service, provides that for offers of consumer credit products subject to the federal Truth in Lending Act and Regulation Z, compliance with the disclosure requirements under the Truth in Lending Act and Regulation Z shall constitute compliance with this requirement of the Act. Removes certain acts and practices from the list of those not covered under the Act and inserts a new one. Removes provisions regarding a private right of action. HOUSE AMENDMENT NO. 2. Removes provisions stating that the list of those exempt from the registration and bonding provisions of the Act are excluded as "telemarketers". Removes from the exemption from the registration and bonding provisions businesses regulated by the Illinois Commerce Commission under the Public Utilities Act other than a public utility or its subsidiary, affiliate, or agent. Provides that compliance with the federal Telephone Consumer Protection Act of 1991 or rules promulgated pursuant to that Act constitutes compliance with the "do not call list" provisions and certain abusive acts and practices provisions. Includes as acts and practices not covered by this Act (i) telephone calls in which the product is sold pursuant to a form contract filed with a State regulatory agency pursuant to Illinois law, and (ii) telephone solicitations made pursuant to provisions of the Illinois Securities Law of 1953 related to telephone solicitations. Removes a number of provisions from the list of those for which a violation is a Class 4 felony. Adds a provision regarding private rights of action. Makes other changes. HOUSE AMENDMENT NO. 4. Provides that the provisions regarding the "do not call list" do not apply to a supervised financial organization or a parent, subsidiary, or affiliate of a supervised financial organization until July 1, 2001. Provides that the provisions regarding written confirmation of a telemarketing sale do not apply to a supervised financial organization or a parent, subsidiary, or affiliate of a supervised financial organization. Last action on Bill: SESSION SINE DIE Last action date: 01-01-09 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 3 SENATE - 2 END OF INQUIRY Full Text Bill Status