HB4432 93RD GENERAL ASSEMBLY

LRB093 16202 AMC 41835 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4432

Introduced 02/03/04, by Elaine Nekritz

SYNOPSIS AS INTRODUCED:

815 ILCS 402/5

Amends the Restricted Call Registry Act. Makes changes in the definitions of "established business relationship" and "telephone solicitation". Deletes the definition of "existing customer". Effective immediately.

A BILL FOR

AN ACT concerning telephone solicitation.

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

Section 5. The Restricted Call Registry Act is amended by changing Section 5 as follows:

(815 ILCS 402/5)

Sec. 5. Definitions. As used in this Act:

(a) "Residential subscriber" means a person or spouse who has subscribed to either residential telephone service from a local exchange company or public mobile services, as defined by Section 13-214 of the Public Utilities Act, a guardian of the person or the person's spouse, or an individual who has power of attorney from or an authorized agent of the person or the person's spouse.

(b) "Established business relationship" means a relationship between a person or entity and a residential subscriber:

(1) based on the residential subscriber's purchase, rental, or lease of the seller's goods or services or a financial transaction between a person or entity and a residential subscriber, within the 18 months immediately preceding the date of a telemarketing call;

(2) who has opened or maintained a deposit account, debit account, credit card account, or other credit or discount program or account offered by or in conjunction with the person or entity for which the residential subscriber has not requested the person or entity to close such account or terminate such program; or

(3) when there is an oral or written transaction, agreement, contract, or other legal state of affairs involving the person or entity and the residential subscriber under which both parties have a course of conduct or established pattern of activity for commercial or mercantile purposes and for the benefit or profit of both parties. A pattern of activity does not necessarily mean multiple previous contacts. the existence of an oral or written transaction, agreement, contract, or other legal state of affairs involving a person or entity and an existing customer under which both parties have a course of conduct or established pattern of activity for commercial or mercantile purposes and for the benefit or profit of both parties. A pattern of activity does not necessarily mean multiple previous contacts. The established business relationship must exist between the residential subscriber existing customer and the person or entity directly, and does not extend to any other person or entity related to the person or entity that has the established business relationship, including, but not limited to, a parent, subsidiary, affiliate, joint venture, or partnership of the business entity that has the established business relationship. An agent of a person or entity that has an established business relationship with a residential subscriber shall be considered to have an established business relationship with the residential subscriber only within the scope and to the extent of that agency relationship. related business entity or other business organization of the person or entity or related to the person or entity or the person or entity's agent including but not limited to a parent corporation, subsidiary partnership, company or other corporation or affiliate.

(c) (Blank) "Existing customer" means an individual who has either:

(1) entered into a transaction, agreement, contract, or other legal state of affairs between a person or entity and a residential subscriber under which the payment or exchange of consideration for any goods or services has taken place within the preceding 18 months or has been arranged to take place at a future time; or

(2) opened or maintained a debit account, credit card account, or other credit or discount program offered by or in conjunction with the person or entity and has not requested the person or entity to close such account or terminate such program.

(d) "Registry" means the Restricted Call Registry established under this Act.

(e) "Telephone solicitation" means any voice communication over a telephone line from a live operator, through the use of an autodialer or autodialer system, as defined in Section 5 of the Automatic Telephone Dialers Act, or by other means for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, or for the purposes of soliciting charitable contributions but does not include communications:

(1) to any residential subscriber with that subscriber's prior express invitation or permission when a voluntary 2-way communication between a person or entity and a residential subscriber has occurred with or without an exchange of consideration. A telephone solicitation is presumed not to be made at the express request of a subscriber if one of the following occurs, as applicable:

(A) The telephone solicitation is made 30 business days or more after the last date on which the subscriber contacted a business with the purpose of inquiring about the potential purchase of goods or services.

(B) The telephone solicitation is made 30 business days or more after the last date on which the subscriber consented to be contacted.

(C) The telephone solicitation is made 90 days or more 30 business days after a product or service becomes available where the subscriber has made a request to the business for that product or service that is not then available, and requests a call when the product or service becomes available, and the telephone solicitation is made based on that request;

(2) by or on behalf of any person or entity with whom a residential subscriber has an established business relationship that which has not been terminated in writing by either party, unless the residential subscriber has stated to the person or entity or the person or entity's agent that he or she no longer wishes to receive telemarketing calls from that person or entity and which is related to the nature of the established business relationship;

(3) (blank) by or on behalf of any person or entity with whom a residential subscriber is an existing customer, unless the customer has stated to the person or entity or the person or entity's agent that he or she no longer wishes to receive the telemarketing sales calls of the person or entity, or unless the nature of the call is unrelated to the established business relationship with the existing customer;

(4) by or on behalf of an organization that is exempt from federal income taxation under Section 501(c) of the Internal Revenue Code, but only if the person making the telephone solicitation immediately discloses all of the following information upon making contact with the consumer:

(A) the caller's true first and last name; and

(B) the name, address, and telephone number of the organization;

(5) by or on behalf of an individual licensed under the Real Estate License Act of 2000 or as an insurance producer under the Illinois Insurance Code who either:

(A) is setting or attempting to set a face to face appointment for actions relating to that individual's real estate or insurance business; or

(B) is encouraging or attempting to encourage the purchase or rental of, or investment in, property, goods, or services, which cannot be completed, and for which payment or authorization of payment is not required, until after a written or electronic agreement is signed by the residential subscriber; or

(6) until July 1, 2005, by or on behalf of any entity over which the Federal Communications Commission or the Illinois Commerce Commission has regulatory authority to the extent that, subject to that authority, the entity is required to maintain a license, permit, or certificate to sell or provide telecommunications service, as defined in Section 13-203 of the Public Utilities Act, while the entity is engaged in telephone solicitation for inter-exchange telecommunications service, as defined in Section 13-205 of the Public Utilities Act, or local exchange telecommunications service, as defined in Section 13-204 of the Public Utilities Act or to the extent, subject to the regulatory authority of the Federal Communications Commission, the entity is defined by Title 47 Section 522(5) of the United States Code, or providers of information services as defined by Title 47 Section 153(20) of the United States Code.

(Source: P.A. 92-795, eff. 8-9-02.)

Section 99. Effective date. This Act takes effect upon becoming law.