State of Illinois
92^nd General Assembly
Legislation

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92_SB1637eng

 
SB1637 Engrossed                               LRB9211712REpr

 1        AN ACT concerning telephone solicitations.

 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.  It is a violation of
13    this Act to make or cause to be made a telephone solicitation
14    call to any cellular phone unless the  solicitor  knows  that
15    the  person  receiving  the  call  will  not  have to pay any
16    charges or fees for receiving the call.
17        (b)  It is a violation of this Act  to  continue  with  a
18    solicitation placed by a live operator without the consent of
19    the called party.
20        (c)  It is an unlawful act or practice and a violation of
21    this  Act for any person engaged in telephone solicitation to
22    obtain or submit for payment a check, draft, or other form of
23    negotiable paper drawn on a person's  checking,  savings,  or
24    other  account  or  on  a  bond  without the person's express
25    written consent.
26        (d)  Enforcement by customer. Any customer injured  by  a
27    violation of this Act may bring an action for the recovery of
28    damages.  Judgment  may  be entered for 3 times the amount at
29    which  the  actual  damages  are  assessed,  plus  costs  and
30    reasonable attorney fees.
31        (e)  Enforcement by Attorney General. Violation of any of
 
SB1637 Engrossed            -2-                LRB9211712REpr
 1    the provisions of this Act  is  an  unlawful  practice  under
 2    Section  2Z  of  the  Consumer  Fraud  and Deceptive Business
 3    Practices Act. All remedies, penalties, and authority granted
 4    to the Attorney General by that Act shall be available to him
 5    for the enforcement of this Act. In any action brought by the
 6    Attorney General to enforce this Act,  the  court  may  order
 7    that  persons  who  incurred  actual  damages  be awarded the
 8    amount at which actual damages are assessed.
 9    (Source: P.A. 91-182, eff. 1-1-00; 91-761, eff. 1-1-01.)

10        Section 99.  Effective date.  This Act  takes  effect  on
11    January 1, 2003.

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