103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5593

 

Introduced 2/9/2024, by Rep. Hoan Huynh

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 413/15
815 ILCS 413/20
815 ILCS 413/25

    Amends the Telephone Solicitations Act. Provides that a live operator soliciting the sale of goods or services shall immediately state the name and telephone number (rather than the name) of the business or organization being represented. Provides that a live operator shall disclose his or her mailing address and the business or organization being represented on any website owned or operated by the live operator and on any written communications to a customer. Provides that the provisions of the Act shall not apply to a live operator who makes a residential marketing telephone call in response to a customer's telephone call or contact with the website of the business or organization being represented if the customer affirmatively requests a follow-up telephone call or other contact from the business or organization being represented. Provides that specified violations of the Act are a Class C misdemeanor.


LRB103 38883 SPS 69020 b

 

 

A BILL FOR

 

HB5593LRB103 38883 SPS 69020 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Telephone Solicitations Act is amended by
5changing Sections 15, 20, and 25 as follows:
 
6    (815 ILCS 413/15)
7    Sec. 15. Method of operation.
8    (a) No person shall solicit the sale of goods or services
9in this State by placing a telephone call during the hours
10between 9 p.m. and 8 a.m.
11    (b) A live operator soliciting the sale of goods or
12services shall:
13        (1) immediately state his or her name, the name and
14    telephone number of the business or organization being
15    represented, and the purpose of the call; and
16        (2) inquire at the beginning of the call whether the
17    person called consents to the solicitation; and
18        (3) if the person called requests to be taken off the
19    contact list of the business or organization, the operator
20    must refrain from calling that person again and take all
21    steps necessary to have that person's name and telephone
22    number removed from the contact records of the business or
23    organization so that the person will not be contacted

 

 

HB5593- 2 -LRB103 38883 SPS 69020 b

1    again by the business or organization. Compliance with
2    Section 310.4(b) of the Federal Trade Commission's
3    Telemarketing Sales Rule shall constitute compliance with
4    this subsection (b)(3) of this Section.
5    (c-5) A live operator described in subsection (b) shall
6disclose his or her mailing address and the business or
7organization being represented on any website owned or
8operated by the live operator and on any written
9communications to a customer.
10    (c) A person may not solicit the sale of goods or services
11by telephone in a manner that impedes the function of any
12caller ID when the telephone solicitor's service or equipment
13is capable of allowing the display of the solicitor's
14telephone number.
15(Source: P.A. 90-541, eff. 6-1-98; 91-182, eff. 1-1-00.)
 
16    (815 ILCS 413/20)
17    Sec. 20. Exemptions.
18    (a) Except as provided in subsection (b), the provisions
19of this Act shall not apply to telephone calls made by an
20autodialer. The provisions of this Act do not apply to
21telephone calls made by a person who is a registered dealer,
22registered investment adviser, or registered salesperson under
23Section 8 of the Illinois Securities Law of 1953 or who is
24registered as a broker-dealer, registered representative, or
25salesperson of a broker-dealer under the federal securities

 

 

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1laws, when performing acts within the scope of that
2registration. The provisions of this Act shall not apply to a
3live operator who makes a residential marketing telephone call
4in response to a customer's telephone call or contact with the
5website of the business or organization being represented if
6the customer affirmatively requests a follow-up telephone call
7or other contact from the business or organization being
8represented.
9    (b) Notwithstanding the provisions of subsection (a), all
10telephone calls must be made in compliance with the
11requirements of subsection (c) of Section 15.
12(Source: P.A. 91-182, eff. 1-1-00.)
 
13    (815 ILCS 413/25)
14    Sec. 25. Violations.
15    (a) It is a violation of this Act to make or cause to be
16made telephone calls to any emergency telephone number as
17defined in Section 5 of this Act. It is a violation of this Act
18to make or cause to be made telephone calls in a manner that
19does not comply with Section 15.
20    (b) It is a violation of this Act to continue with a
21solicitation placed by a live operator without the consent of
22the called party.
23    (c) It is an unlawful act or practice and a violation of
24this Act for any person engaged in telephone solicitation to
25obtain or submit for payment a check, draft, or other form of

 

 

HB5593- 4 -LRB103 38883 SPS 69020 b

1negotiable paper drawn on a person's checking, savings, or
2other account or on a bond without the person's express
3written consent.
4    (c-5) In addition to any other penalties provided by law,
5any person who violates the provisions of paragraph (1) of
6subsection (b) of Section 15 shall be guilty of a Class C
7misdemeanor.
8    (d) Enforcement by customer. Any customer injured by a
9violation of this Act may bring an action for the recovery of
10damages. Judgment may be entered for 3 times the amount at
11which the actual damages are assessed, plus costs and
12reasonable attorney fees.
13    (e) Enforcement by Attorney General. Violation of any of
14the provisions of this Act is an unlawful practice under
15Section 2Z of the Consumer Fraud and Deceptive Business
16Practices Act. All remedies, penalties, and authority granted
17to the Attorney General by that Act shall be available to him
18for the enforcement of this Act. In any action brought by the
19Attorney General to enforce this Act, the court may order that
20persons who incurred actual damages be awarded the amount at
21which actual damages are assessed.
22(Source: P.A. 91-182, eff. 1-1-00; 91-761, eff. 1-1-01.)