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BUSINESS TRANSACTIONS815 ILCS 520/1
(815 ILCS 520/) Pay-Per-Call Services Consumer Protection Act.
(815 ILCS 520/10)
(from Ch. 134, par. 160)
Rules applicable to the pay-per-call industry.
(a) Each sponsor engaged in furnishing any live, recorded, or
recorded-interactive audio text information services including, but not limited
to, "900" numbers and "976" numbers shall utilize advertising that accurately
describes the message content, terms, conditions, and price of the offered
service in a clear and understandable manner in all print, broadcast, or
telephone advertising and announcements promoting their offers including:
(1) The charges for the offer per call or per minute.
(2) Any geographic, time of day, or other limitations
on the availability of the offer.
(3) A requirement that callers under 12 years of age
must request parental or adult guardian permission before calling to hear the offer.
(4) Display the charges in broadcast advertising with
the telephone numbers and a voice announcement of the charges during the course of the commercials.
(5) Repeated voice announcements of these charges at
regular intervals for commercials in excess of 2 minutes.
(6) Charges for all subsequent calls if the program
refers to and requires another pay-per-call.
(b) The sponsor shall provide a minimum of 12 seconds of delayed timing
for information charges and price disclosure message. If the delayed
timing period is exceeded, a consumer shall be billed from the time of the
initial connection, and transport charges shall be billed to the
information provider from the time of the initial connection. If the
consumer disconnects the call within the delayed timing period, no
information charge shall be billed to the caller. During the delayed
timing period, the sponsor shall inform the consumer of all of the following:
(1) An accurate description of the service that will
be provided to the caller.
(2) An accurate summation of the cost of the service
including, but not limited to, all of the following:
(A) The initial flat rate charge, if any.
(B) The per minute charge, if any.
(C) The maximum per call charge.
(3) That, if the caller disconnects the call within
the delayed timing period, the consumer will not be charged for the call.
(4) Before the end of the delayed timing period, that
the billing will commence after a stated period of not less than 3 seconds.
(c) This information shall be provided at the beginning of every call
and at least 3 seconds shall be allowed at the end of the message within
the delayed timing period for the consumer to hang up without being charged.
An introductory message, however, is not required if the cost of the call
is $1 or less per minute or the total potential cost of the call is $5 or
less, or if the call is related to polling services, asynchronous
technology or political fundraising.
(d) Games of chance must, at a minimum, meet the following criteria:
(1) The game must be operated as a means of promoting
goods or services other than the game itself.
(2) A no-purchase alternative method of participating
must be available that provides all entrants, including non-purchasers and pay-per-call users, with an equal chance of winning.
(3) The prize may not be financed from the proceeds
of the program sponsor's billed charges.
(4) The prize amount or value is not dependent on the
number of entries received.
(e) Game programs billed as pay-per-call shall include in the official
rules and, in all broadcasts and print advertising of the game, a complete
statement that includes all of the following:
(1) Declares no purchase is necessary to play for
free or that an alternate means of entry is provided.
(2) Lists the sponsor's name, starting and closing
dates, any age restrictions for the participants, and availability of complete official rules.
(3) Provides callers with sufficient information to
participate fully in the game.
(f) The provisions of subsections (d) and (e) of this Section do not
apply to any game of chance sponsored directly or indirectly by the
Department of the Lottery.
(Source: P.A. 87-452.)