Full Text of HB4432 93rd General Assembly
HB4432 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4432
Introduced 02/03/04, by Elaine Nekritz SYNOPSIS AS INTRODUCED: |
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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.
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A BILL FOR
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HB4432 |
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LRB093 16202 AMC 41835 b |
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| AN ACT concerning telephone solicitation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Restricted Call Registry Act is amended by | 5 |
| changing Section 5 as follows:
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| (815 ILCS 402/5)
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| Sec. 5. Definitions. As used in this Act:
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| (a) "Residential subscriber" means a person or spouse who | 9 |
| has subscribed to
either residential telephone service from a | 10 |
| local exchange company or public
mobile services, as defined by | 11 |
| Section 13-214 of the Public Utilities Act, a
guardian of the | 12 |
| person or the person's spouse, or an individual who has power
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| of attorney from or an authorized agent of the person or the | 14 |
| person's spouse.
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| (b) "Established business relationship" means a | 16 |
| relationship between a person or entity and a residential | 17 |
| subscriber: | 18 |
| (1) based on the residential subscriber's purchase, | 19 |
| rental, or lease of the seller's goods or services or a | 20 |
| financial transaction between a person or entity and a | 21 |
| residential subscriber, within the 18 months immediately | 22 |
| preceding the date of a telemarketing call; | 23 |
| (2) who has opened or maintained a deposit account, | 24 |
| debit account, credit card account, or other credit or | 25 |
| discount program or account offered by or in conjunction | 26 |
| with the person or entity for which the residential | 27 |
| subscriber has not requested the person or entity to close | 28 |
| such account or terminate such program; or | 29 |
| (3) when there is an oral or written transaction, | 30 |
| agreement, contract, or other legal state of affairs | 31 |
| involving the person or entity and the residential | 32 |
| subscriber under which both parties have a course of |
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HB4432 |
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LRB093 16202 AMC 41835 b |
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| conduct or established pattern of activity for commercial | 2 |
| or mercantile purposes and for the benefit or profit of | 3 |
| both parties. A pattern of activity does not necessarily | 4 |
| mean multiple previous contacts.
the existence of an oral | 5 |
| or
written transaction, agreement, contract, or other | 6 |
| legal state of affairs
involving a person or entity and an | 7 |
| existing customer under which both parties
have a course of | 8 |
| conduct or established pattern of activity for commercial | 9 |
| or
mercantile purposes and for the benefit or profit of | 10 |
| both parties. A pattern of
activity does not necessarily | 11 |
| mean multiple previous contacts.
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| The established
business relationship must exist between the | 13 |
| residential subscriber
existing customer and the person
or | 14 |
| entity directly, and does not extend to any other person or | 15 |
| entity related to the person or entity that has the established | 16 |
| business relationship, including, but not limited to, a parent, | 17 |
| subsidiary, affiliate, joint venture, or partnership of the | 18 |
| business entity that has the established business | 19 |
| relationship. An agent of a person or entity that has an | 20 |
| established business relationship with a residential | 21 |
| subscriber shall be considered to have an established business | 22 |
| relationship with the residential subscriber only within the | 23 |
| scope and to the extent of that agency relationship.
related | 24 |
| business entity or other
business organization of the person or | 25 |
| entity or related to the person or
entity or the person or | 26 |
| entity's agent including but not limited to a parent
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| corporation, subsidiary partnership, company or other | 28 |
| corporation or affiliate.
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| (c) (Blank)
"Existing customer" means an individual who has | 30 |
| either:
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| ( 1) entered into a transaction, agreement, contract, | 32 |
| or other legal state
of affairs between a person or entity | 33 |
| and a residential subscriber under which
the payment or | 34 |
| exchange of consideration for any goods or services has | 35 |
| taken
place within the preceding 18 months or has been | 36 |
| arranged to take place at a
future time; or
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HB4432 |
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LRB093 16202 AMC 41835 b |
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| (2) opened or maintained a debit account, credit card | 2 |
| account, or other
credit or discount program offered by or | 3 |
| in conjunction with the person or
entity and has
not | 4 |
| requested the person or entity to close such account or | 5 |
| terminate such
program .
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| (d) "Registry" means the Restricted Call Registry | 7 |
| established under this
Act.
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| (e) "Telephone solicitation" means any voice communication | 9 |
| over a telephone
line from a live operator, through the use of | 10 |
| an autodialer or autodialer
system, as defined in Section 5 of | 11 |
| the Automatic Telephone Dialers Act, or by
other means for the | 12 |
| purpose of encouraging the purchase or rental of, or
investment | 13 |
| in, property, goods, or services, or for the purposes of | 14 |
| soliciting
charitable contributions but does not include | 15 |
| communications:
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| (1) to any residential subscriber with that | 17 |
| subscriber's prior express
invitation or permission when a | 18 |
| voluntary 2-way communication between a person
or entity | 19 |
| and a residential subscriber has occurred with or without | 20 |
| an exchange
of consideration. A telephone solicitation is | 21 |
| presumed not to be made at the
express request of a | 22 |
| subscriber if one of the following occurs, as applicable:
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| (A) The telephone solicitation is made 30 business | 24 |
| days or more after the last
date on which the | 25 |
| subscriber contacted a business with the purpose of | 26 |
| inquiring
about the potential purchase of goods or | 27 |
| services.
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| (B) The telephone solicitation is made 30 business | 29 |
| days or more after the last
date on which the | 30 |
| subscriber consented to be contacted.
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| (C) The telephone solicitation is made 90 days or | 32 |
| more
30 business days after a
product or service | 33 |
| becomes available where the subscriber has made a | 34 |
| request to
the business for that product or service | 35 |
| that is not then available, and
requests a call when | 36 |
| the product or service becomes available , and the |
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HB4432 |
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LRB093 16202 AMC 41835 b |
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| telephone solicitation is made based on that request ;
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| (2) by or on behalf of any person or entity with whom a | 3 |
| residential
subscriber has an established business | 4 |
| relationship that
which has not been
terminated in writing | 5 |
| by either party , unless the residential subscriber has | 6 |
| stated to the person or entity or the person or entity's | 7 |
| agent that he or she no longer wishes to receive | 8 |
| telemarketing calls from that person or entity
and which is | 9 |
| related to the nature of the
established business | 10 |
| relationship ;
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| (3) (blank)
by or on behalf of any person or entity | 12 |
| with whom a residential
subscriber is an existing customer, | 13 |
| unless the customer has stated to the
person or entity or | 14 |
| the person or entity's agent that he or she no longer
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| wishes to receive the telemarketing sales calls of the | 16 |
| person or entity, or
unless the nature of the call is | 17 |
| unrelated to the established business
relationship with | 18 |
| the existing customer ;
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| (4) by or on behalf of an organization that is exempt
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| from federal income taxation under Section 501(c) of the | 21 |
| Internal Revenue Code,
but only if the person making the | 22 |
| telephone solicitation immediately discloses
all of the | 23 |
| following information upon making contact with the | 24 |
| consumer:
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| (A) the caller's true first and last name; and
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| (B) the name, address, and telephone number of the
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| organization;
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| (5) by or on behalf of an individual licensed under the | 29 |
| Real Estate
License Act of 2000 or as an insurance producer | 30 |
| under the Illinois Insurance
Code who either:
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| (A) is setting or attempting to set a face to face | 32 |
| appointment for
actions relating to that individual's | 33 |
| real estate or insurance business; or
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| (B) is encouraging or attempting to encourage the | 35 |
| purchase or rental of,
or investment in, property, | 36 |
| goods, or services, which cannot be completed, and
for |
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LRB093 16202 AMC 41835 b |
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| which payment or authorization of payment is not | 2 |
| required, until after a
written or electronic | 3 |
| agreement is signed by the residential subscriber; or
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| (6) until July 1, 2005, by or on behalf of any entity
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| over which the Federal Communications Commission or the | 6 |
| Illinois
Commerce Commission has regulatory authority to | 7 |
| the extent that,
subject to that authority, the entity is | 8 |
| required to maintain a
license, permit, or certificate to | 9 |
| sell or provide
telecommunications service, as defined in | 10 |
| Section 13-203 of the
Public Utilities Act, while the | 11 |
| entity is engaged in telephone
solicitation for | 12 |
| inter-exchange telecommunications service, as
defined in | 13 |
| Section 13-205 of the Public Utilities Act, or local
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| exchange telecommunications service, as defined in Section | 15 |
| 13-204
of the Public Utilities Act
or to the extent, | 16 |
| subject to the regulatory authority of
the Federal | 17 |
| Communications Commission, the entity is defined by Title | 18 |
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Section 522(5) of the United States Code, or providers | 19 |
| of information services
as defined by Title 47 Section | 20 |
| 153(20) of the United States Code.
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| (Source: P.A. 92-795, eff. 8-9-02.)
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
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