97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4588

 

Introduced , by Rep. William Cunningham

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 505/2NNN new

    Amends the Consumer Fraud and Deceptive Business Practices Act. Requires distributors of yellow pages phone books to establish and maintain opt-out registries to provide a mechanism for residents and businesses to register and indicate that they do not wish to receive yellow pages phone book deliveries. Provides that a violation constitutes an unlawful practice. Authorizes the Attorney General to promulgate reasonable and necessary rules.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4588LRB097 17946 JLS 63169 b

1    AN ACT concerning business practices.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by adding Section 2NNN as follows:
 
6    (815 ILCS 505/2NNN new)
7    Sec. 2NNN. Distribution of yellow pages phone books.
8    (a) As used in this Section:
9        "Distributor" means a person or organization engaged
10    in the business of arranging for the distribution of yellow
11    pages phone books in this State and includes those persons
12    or organizations who are primarily responsible for
13    arranging for the publication and distribution of the
14    yellow pages phone books and whose income is derived, at
15    least in part, from the advertising contained in the yellow
16    pages phone books. The term "distributor" does not include
17    those individuals whose role in the distribution of yellow
18    pages phone books is limited to making physical delivery of
19    the yellow pages phone books.
20        "Distribution" means the unsolicited delivery of more
21    than 4 tons annually of yellow pages phone books to the
22    addresses of residents and businesses within this State,
23    but does not include the delivery of yellow pages phone

 

 

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1    books by membership organizations to their members or to
2    other residents or businesses requesting or expressly
3    accepting delivery.
4        "Membership organization" means an organization that
5    is organized and operated primarily or exclusively for the
6    purpose of providing services or benefits to a designated
7    group of members (identified, for example, by having to pay
8    membership dues or participating in membership events).
9        "Yellow pages phone book" means a publication that
10    consists primarily of a listing of business names and
11    telephone numbers and contains advertising for at least
12    some of those businesses (commonly, but not necessarily,
13    printed on yellow paper).
14    (b) Distributors shall establish and maintain an opt-out
15registry to provide a mechanism for residents and businesses to
16register and indicate that they do not wish to receive yellow
17pages phone book deliveries. The registry shall maintain a list
18of the addresses of all residents and businesses that have
19indicated that they do not wish to receive yellow pages phone
20book deliveries. The registry shall be conveniently accessible
21to all residents and businesses and provide for notification by
22mail, telephone, email, and online registration. The addresses
23of residents and businesses that have registered with the
24opt-out registry indicating that they do not wish to receive
25yellow pages phone book deliveries shall remain on the registry
26until they move or notify the registry that they wish to be

 

 

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1removed from the opt-out registry.
2    Distributors shall not make delivery of yellow pages phone
3books to the addresses of residents and businesses that
4registered with the opt-out registry more than 30 days before
5the date of delivery indicating that they do not wish to
6receive yellow pages phone book deliveries.
7    Distributors shall prominently and conspicuously display
8on a portion of the front cover of each yellow pages phone book
9distributed the telephone number, website address, and mailing
10address that residents and businesses may use to notify
11distributors that they do not wish to receive yellow pages
12phone book deliveries.
13    Distributors shall also prominently and conspicuously
14display on their websites a link to the opt-out registry
15together with information regarding the process for residents
16and businesses to opt out of receiving delivery of yellow pages
17phone books.
18    Distributors shall retain the list of opt-out addresses
19from the opt-out registry that was used at the time of
20delivery.
21    Distributors shall ensure that the content of all yellow
22pages phone books, and any materials included therewith,
23distributed within the State are recyclable.
24    (c) Failure of a distributor to comply with any provision
25of this Section is an unlawful practice within the meaning of
26this Act.

 

 

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1    (d) In accordance with the Illinois Administrative
2Procedure Act, the Attorney General may adopt rules that are
3reasonable and necessary for the administration and
4enforcement of this Section.