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91_SB0349 LRB9101743SMdvA 1 AN ACT regarding telemarketing. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Telemarketing Registration and Fraud Prevention Act. 6 Section 5. Definitions. As used in this Act, unless the 7 context otherwise requires: 8 "Emergency telephone number" means any telephone number 9 that accesses or calls a fire department, law enforcement 10 agency, ambulance, hospital, medical center, poison control 11 center, rape crisis center, suicide prevention center, rescue 12 service, or the 911 emergency access number provided by law 13 enforcement agencies and police departments. 14 "Investment opportunity" means anything tangible or 15 intangible, that is offered for sale, sold, or traded based 16 wholly or in part on representations, either express or 17 implied, about past, present, or future income, profit, or 18 appreciation. 19 "Person" includes any individual, group of individuals, 20 firm, association, corporation, partnership, joint venture, 21 sole proprietorship, or any other business entity. 22 "Prize" means anything offered or purportedly offered and 23 given or purportedly given to a person by chance. 24 "Prize promotion" means a sweepstakes or other game of 25 chance or an oral or written, express or implied 26 representation that a person has won, has been selected to 27 receive, or is eligible to receive a prize or purported 28 prize. 29 "Seller" means any person who, in connection with a 30 telemarketing transaction, provides, offers to provide, or 31 arranges for others to provide goods or services to the -2- LRB9101743SMdvA 1 customer in exchange for consideration. 2 "Solicitation" means a written or oral notification or 3 advertisement that meets any one of the following terms: 4 (1) The notification or advertisement is 5 transmitted by or on behalf of the seller and by any 6 printed, audio, video, cinematic, telephone, or 7 electronic means. 8 (2) In the case of a notification or advertisement 9 other than by telephone, either of the following 10 conditions is met: 11 (A) The notification or advertisement is 12 followed by a telephone call from a telemarketer; or 13 (B) The notification or advertisement invites 14 a response by telephone, and through that response, 15 a telemarketer attempts to make a sale of goods or 16 services. 17 "Telemarketer" means any person who, in connection with 18 telemarketing, initiates telephone calls to or receives 19 telephone calls from a person in this State. "Telemarketer" 20 also means any person located within this State who, in 21 connection with telemarketing, initiates or receives 22 telephone calls. "Telemarketer" includes but is not limited 23 to, any person who is an owner, operator, officer, director, 24 or partner to the management activities of a business. 25 "Telemarketing" means a plan, program, or campaign which 26 is conducted to induce the purchase of goods or services by 27 use of one or more telephones and which involves more than 28 one telephone call. "Telemarketing" may also include the 29 notification of a prize award. 30 Section 10. Exemptions. For purposes of registration 31 under Section 15, "telemarketer" does not include any of the 32 following: 33 (1) Any securities, commodities, or investment brokers, -3- LRB9101743SMdvA 1 dealers, or investment advisers or associates of securities, 2 commodities, or investment brokers, dealers, or investment 3 advisers subject to license or registration by the Securities 4 and Exchange Commission, the National Association of 5 Securities Dealers, or any other self regulatory organization 6 as defined by 15 U.S.C. 78l, or by an agency of this State or 7 any other state, who are soliciting within the scope of their 8 license or registration. 9 (2) A person engaged in solicitation for a religious, 10 charitable, political, educational, or other noncommercial 11 purpose or a person soliciting for a domestic or foreign 12 nonprofit corporation that is registered with the Illinois 13 Secretary of State. 14 (3) A business making a sale to another business. 15 (4) A person that solicits sales by periodically 16 publishing and delivering a catalog of the person's 17 merchandise to prospective purchasers, if the catalog: 18 (A) Contains a written description or illustration 19 of each item offered for sale; 20 (B) Includes the business or home address of the 21 person soliciting the sale; 22 (C) Includes at least 20 pages of written material 23 and illustrations; 24 (D) Is distributed in more than one state; and 25 (E) Has a circulation by mailing of not less than 26 150,000. 27 (5) A person who solicits contracts for maintenance or 28 repair of goods previously purchased from that person or from 29 the person on whose behalf the solicitation is made. 30 (6) A person soliciting a transaction regulated by the 31 Commodity Futures Trading Commission if the person is 32 registered or temporarily licensed with the Commodity Futures 33 Trading Commission under the Commodity Exchange Act (7 U.S.C. 34 1 et seq.), and the person's registration or license is not -4- LRB9101743SMdvA 1 expired, suspended, or revoked. 2 (7) A supervised financial organization or parent, 3 subsidiary, or affiliate of a supervised financial 4 organization. 5 (8) A person licensed as an insurance producer under 6 Article XXXI of the Illinois Insurance Code. 7 (9) A person soliciting the sale of services provided by 8 a satellite or cable television system authorized by the 9 federal government or this State to provide services in this 10 State. 11 (10) A telephone company or its subsidiary or agent, or 12 other business, regulated by the Illinois public service 13 commission, or a federally licensed cellular telephone or 14 radio telecommunication service provider. 15 (11) A person soliciting business from consumers that 16 have an existing business relationship with or have 17 previously purchased from the business enterprise for which 18 the person is soliciting. 19 (12) A person operating a retail business establishment 20 under the same name as that used in the solicitation: 21 (A) Whose goods or services are displayed and 22 offered for sale at the business establishment; and 23 (B) A majority of whose business involves the 24 consumer obtaining the goods or services at the business 25 establishment. 26 (13) A person soliciting for the sale of a magazine or 27 newspaper of general circulation. 28 (14) An issuer or a subsidiary of an issuer that is 29 authorized to offer securities for sale in this State. 30 (15) A seller who offers: 31 (A) A book, video, record, multimedia club offer, 32 contractual plan, or arrangement along with which the 33 seller provides the consumer with a form the consumer may 34 use to instruct the seller not to ship the offered -5- LRB9101743SMdvA 1 merchandise; 2 (B) A book, video, record, multimedia club offer, 3 contractual plan, or arrangement that is regulated by 4 Part 425 of the Federal Trade Commission regulation 5 concerning the use of negative option plans by sellers in 6 commerce (16 CFR 425); or 7 (C) Books, records, videos, multimedia products, or 8 other goods for sale that are not covered by subdivisions 9 (A) or (B) of this item (15), including continuity 10 plans, subscription arrangements, standing order 11 arrangements, single sales, supplements, or series 12 arrangements under which the seller periodically ships 13 merchandise to a consumer who has consented in advance to 14 receive the merchandise on a periodic basis. 15 (16) A real estate salesperson or broker licensed by 16 this State. 17 (17) Any person that has provided telemarketing sales 18 services under the same name as, and derives at least 50% of 19 gross telemarketing sales revenues from contracts with, 20 persons exempted under this Section from registration 21 requirements. 22 (18) A person soliciting the sale of food or food 23 products if the solicitation is not intended to and does not 24 result in a sale in excess of $100 to a single address. 25 Section 15. Registration of telemarketers. 26 (a) No person shall act as a seller or telemarketer 27 without first having registered with the Attorney General. 28 The initial application for registration shall be made at 29 least 60 days prior to offering consumer goods or services 30 and an application for renewal shall be made on an annual 31 basis thereafter. 32 (b) The Attorney General's Office shall charge 33 reasonable application and renewal fees for administration of -6- LRB9101743SMdvA 1 the registration requirements pursuant to this Section. All 2 fees collected under this Section shall be deposited in the 3 State Treasury in the special fund known as the 4 Telemarketing Fraud Enforcement Fund and shall be used only 5 for the purposes described in Section 70. The certificate of 6 registration or registration renewal shall expire one year 7 after the date on which it is issued. The application and 8 renewal fees and process shall be established through the 9 promulgation of a rule. 10 (c) The application for a certificate of registration 11 or renewal shall include, but not be limited to, the 12 following information: 13 (1) The true name, date of birth, driver's license 14 number, social security number or tax identification 15 number, business address, and home address of the 16 applicant (post office boxes or commercial mail receiving 17 agencies are not permitted), including each name under 18 which the applicant intends to engage in telephone 19 solicitations. 20 (2) Each business or occupation engaged in by the 21 applicant during the 2 years immediately preceding the 22 date of the application, and the location of each such 23 business or occupation. 24 (3) Whether, in a court of competent jurisdiction 25 in this State, any other state, or the United States, any 26 principal or manager has been convicted of, has pleaded 27 guilty to, has entered a plea of no contest for, or is 28 being prosecuted by indictment or information for 29 racketeering, any violation of state or federal 30 securities law, or a theft offense. 31 (4) Whether, in any jurisdiction, there has been 32 entered against the applicant an injunction, a temporary 33 restraining order, or a final judgment or order, 34 including an agreed judgment or order, an assurance of -7- LRB9101743SMdvA 1 voluntary compliance, or any similar instrument, in any 2 civil or administrative action involving fraud, theft, 3 racketeering, embezzlement, fraudulent conversion, 4 misappropriation of property, or any consumer protection 5 law or telemarketing law, or if there is any pending 6 litigation against the applicant involving these matters. 7 (5) Whether, in any jurisdiction, the applicant has 8 been arrested for, has been convicted of, has pleaded 9 guilty to, has entered a plea of no contest to, or is 10 being prosecuted by indictment or information for a 11 felony and, if so, the nature of the felony. 12 (6) Whether in a court of competent jurisdiction of 13 this State, any other state, or the United States, the 14 applicant has been convicted of, has pleaded guilty to, 15 has entered a plea of no contest for, or is being 16 prosecuted by indictment or information for engaging in a 17 pattern of corrupt activity, racketeering, a violation of 18 federal or state securities law, or a theft offense as 19 defined in Section 16-1 of the Criminal Code of 1961 or 20 in similar law of any other state or the United States. 21 (7) Whether the applicant, at any time during the 22 previous 7 years, has filed for bankruptcy, been adjudged 23 bankrupt, or been reorganized because of insolvency. 24 (8) The true name, current home address, date of 25 birth, social security number, and all others by which 26 known or previously known, of each of the following: 27 (A) Each principal officer, director, owner, 28 or partner of the applicant, and each other person 29 participating in or responsible for the management 30 of the applicant's business. 31 (B) Each office manager or other person 32 principally responsible for each location from which 33 the applicant will do business. 34 (9) The name and address of every institution where -8- LRB9101743SMdvA 1 banking or any other monetary transactions are done by 2 the seller. 3 (10) A copy of all scripts, outlines, or 4 presentation material the applicant will require or 5 suggest be used by a salesperson when soliciting as well 6 as all sales information to be provided by the applicant 7 to a purchaser in connection with any solicitation. 8 Section 20. Surety bond. 9 (a) No person shall act as a telemarketer without 10 having first obtained a surety bond issued by a surety 11 company that holds a certificate of authority to do business 12 in this State issued by the Department of Insurance under the 13 Illinois Insurance Code. With regard to the surety bond, the 14 following conditions must be met before a person may act as a 15 telemarketer: 16 (1) A copy of the bond must be filed with the 17 Attorney General. 18 (2) The bond must be in favor of any person, and of 19 the State for the benefit of any person, that is injured 20 by violation of this Act or a rule adopted under this 21 Act. 22 (3) The bond must be in the amount of $100,000. 23 (4) The bond must be maintained and in effect for 24 at least 2 years after the date on which the telemarketer 25 ceases to engage in telephone solicitations. 26 (b) Any person making a claim against the bond for 27 violation of any provision of this Act or rule adopted under 28 this Act may maintain a civil action against the telemarketer 29 and the surety company. The surety company is liable only 30 for damages awarded under Section 65 and is not liable for 31 attorney's fees awarded under Section 65. The aggregate 32 liability of the surety company to all persons injured by a 33 telemarketer's violation of this Act shall not exceed the -9- LRB9101743SMdvA 1 amount of the bond. 2 (c) The registration of any telemarketer shall be void 3 upon termination of the bond of the surety company or loss of 4 the bond unless, prior to such termination, a new bond has 5 been filed with the Attorney General's Office. The surety, 6 for any cause, may cancel the bond upon giving a 60 day 7 written notice to the telemarketer and to the Attorney 8 General. Unless the bond is replaced by that of another 9 surety before the expiration of the 60 day notice of 10 cancellation, the registration of the telemarketer shall be 11 treated as lapsed. For 2 years after the cancellation takes 12 effect, a person may make a claim against the bond for a 13 violation that occurred while the bond was in effect. 14 (d) Any business required under this Act to file a bond 15 with a registration application may file, in lieu of the 16 bond, a certificate of deposit, in cash or government bond, 17 in the amount of $100,000. 18 (e) The Attorney General shall hold the cash, 19 certificate of deposit, or government bond for 2 years from 20 the period the telemarketing business ceases to operate or 21 registration lapses in order to pay out claims made against 22 the telemarketing business during its period of operation. 23 Section 25. Record keeping requirements. 24 (a) Any telemarketer shall keep, for a period of 24 25 months from the date the record is produced, records of all 26 financial transactions, written notice, disclosures, and 27 acknowledgments, including but not limited to: 28 (1) One of each advertisement, brochure, and other 29 promotional materials. 30 (2) The name and last known address of each prize 31 recipient and the prize awarded. 32 (3) The name and last known address of each 33 customer, the goods or services purchased, the date such -10- LRB9101743SMdvA 1 goods or services were shipped or provided, and the 2 amount paid by the customer for the goods or services. 3 (4) The name, last known home address, telephone 4 number, and job title for all current and former 5 employees directly involved in telephone sales. 6 (5) All written authorizations required to be 7 provided or received under this Act. 8 (6) A copy of all scripts, outlines, or 9 presentation material the seller will require the 10 telemarketer to use when soliciting, as well as all sales 11 information to be provided by the seller to a purchaser 12 in connection with any solicitation. 13 (b) In the event of any dissolution or termination of 14 the telemarketer's business, the principal of that 15 telemarketer shall maintain all records as required under 16 this Section. In the event of any sale, assignment, or other 17 change in ownership of the seller's business, the purchaser 18 shall maintain all records required under this Section. 19 Section 30. Mandatory disclosures. 20 (a) Within the first 60 seconds of a telephone call and 21 prior to any sales pitch, request for financial or payment 22 information, or conveyance of prize information, a 23 telemarketer shall: 24 (1) State the true identity of the telemarketer and 25 the name of the company on whose behalf the solicitation 26 is being made. 27 (2) State that the purpose is to sell goods or 28 services. 29 (3) Identify the goods or services being sold. 30 (4) Inquire whether the person called consents to 31 the solicitation. 32 (b) Before a consumer pays for the goods or services 33 offered for sale or provides any financial or payment -11- LRB9101743SMdvA 1 information to a telemarketer, the telemarketer shall 2 disclose, clearly and conspicuously, the following material 3 information: 4 (1) The total cost to purchase, receive, or use the 5 consumer goods or services that are the subject of the 6 telemarketing communication. 7 (2) The quantity of the consumer goods that are the 8 subject of the telemarketing solicitation. 9 (3) All material restrictions, limitations, or 10 conditions to purchase, receive, or use the consumer 11 goods or services that are the subject of the 12 telemarketing solicitation. 13 (4) All material aspects of the performance, 14 quality, efficacy, nature, or basic characteristics of 15 the consumer goods or services that are the subject of 16 the telemarketing solicitation. 17 (5) All material aspects of the nature or terms of 18 the telemarketer's refund, cancellation, exchange, or 19 repurchase policies. 20 (6) All material aspects of any investment 21 opportunity being offered, including, but not limited to, 22 a description of the following factors: 23 (A) Risk. 24 (B) Liquidity. 25 (C) Earnings potential. 26 (D) Profitability. 27 (E) Benefits. 28 (F) If applicable, the value, price, and 29 location of any real or personal property that the 30 consumer will acquire by investing. 31 (7) All material aspects of a prize promotion, 32 disclosed prior to requesting the consumer to enter into 33 a sale or lease, including, but not limited to, the 34 following: -12- LRB9101743SMdvA 1 (A) A description of the prize or prizes. 2 (B) A statement of the market value of the 3 prize or prizes. 4 (C) A clear identification of the person or 5 entity on whose behalf the contest or promotion is 6 conducted. 7 (D) A statement of all material conditions to 8 receive or redeem the prize. 9 (E) The odds of receiving a prize, and if the 10 odds are not calculable in advance, the factors and 11 methods used in calculating the odds. 12 (F) The actual number of each prize to be 13 awarded or given. 14 (G) A clear statement that the consumer is not 15 required to make any purchase to win a prize or 16 participate in the prize promotion, including a 17 statement that the consumer is not required to pay 18 any shipping or handling costs. 19 (H) A clear explanation of the 20 no-purchase/no-payment method of participating in 21 the prize promotion. 22 Section 35. Do not call list. It is an unlawful act or 23 practice and violation of this Act for any telemarketer to 24 initiate a telephone solicitation to a consumer who 25 previously has requested the telemarketer to refrain from 26 calling the consumer. Compliance with Section 310.4(b) of 27 the Federal Trade Commission's Telemarketing Sales Rule shall 28 constitute compliance with this Section. 29 Section 40. Written confirmation. 30 (a) Except as provided in subsection (e), the 31 telemarketer shall furnish the consumer, in the same language 32 as that principally used in the sales presentation, a written -13- LRB9101743SMdvA 1 contract to be returned to the seller with the consumer's 2 signature. 3 (b) The contract furnished under subsection (a) shall 4 be in duplicate, and contain, in at least 12-point, bold face 5 type, the following information: 6 (1) The name, address, and telephone number of the 7 telemarketer or seller. 8 (2) The total price of the goods or services 9 offered. 10 (3) A detailed description of the consumer goods or 11 services offered, which shall match the oral description 12 given in the telemarketing solicitation. 13 (4) Any oral or written representations made during 14 the telemarketing solicitation. 15 (5) A statement that reads "You are not obligated 16 to pay any money unless you sign this contract and return 17 it to the seller." 18 (c) A telemarketing solicitation shall only be 19 considered final after the consumer returns a signed, written 20 contract. 21 (d) If the seller makes the goods available prior to 22 receipt of the signed contract from the consumer, the 23 consumer may retain or dispose of the goods without any 24 further liability. 25 (e) A signed, written contract is not required if the 26 solicitation is regulated by other laws of the State. 27 Section 45. Acts and practices not covered under this 28 Act. The following acts and practices are not covered under 29 this Act: 30 (1) Telephone calls in which the sale of goods or 31 services is not completed, and payment or authorization of 32 payment is not required, until after a face-to-face 33 presentation by the telemarketer. -14- LRB9101743SMdvA 1 (2) Telephone calls initiated by a customer that are not 2 the result of any telephone solicitation by a telemarketer. 3 (3) Telephone calls made by an autodialer as defined in 4 the Automatic Telephone Dialers Act. 5 Section 50. Unlawful acts or practices. 6 (a) It is an unlawful act or practice and a violation of 7 this Act for any telemarketer to engage in the following 8 conduct: 9 (1) To obtain a certificate of registration or 10 registration renewal through any false or fraudulent 11 representation or make any material misrepresentation in 12 any registration or registration renewal application. 13 (2) To fail to maintain a valid certificate of 14 registration or registration renewal. 15 (3) To provide inaccurate or incomplete information 16 to the Attorney General when making an application for a 17 certificate of registration or registration renewal. 18 (4) To misrepresent that a person is registered or 19 that a person has a valid certificate number. 20 (5) To misrepresent, directly or by implication, 21 any of the following information: 22 (A) The total cost to purchase, receive, or 23 use, and the quantity of, any goods or services that 24 are the subject of a solicitation. 25 (B) A material restriction, limitation, or 26 condition to purchase, receive, or use goods or 27 services that are the subject of a solicitation. 28 (C) A material aspect of the performance, 29 efficacy, nature, or characteristics of goods or 30 services that are the subject of a solicitation. 31 (D) A material aspect of the nature or terms 32 of the telemarketer's refund, cancellation, 33 exchange, or repurchase policies. -15- LRB9101743SMdvA 1 (E) A material aspect of a prize promotion, 2 including, but not limited to, the odds of being 3 able to receive a prize, the nature of a prize, the 4 actual number of each prize to be awarded or given, 5 or that a purchase or payment of any kind is 6 required to win a prize or participate in a prize 7 promotion. 8 (F) A material aspect of an investment 9 opportunity, including, but not limited to, risk, 10 liquidity, earnings potential, or profitability. 11 (G) The telemarketer's affiliation with or 12 endorsement by any government or third-party 13 organization. 14 (6) To make a false or misleading statement to 15 induce a consumer to pay for goods or services. 16 (7) To fail to discontinue a solicitation after a 17 consumer has expressed the desire to not continue the 18 solicitation. 19 (8) To fail to notify the Attorney General within 20 15 days if, in a court of competent jurisdiction of this 21 State or any other state or the United States, the 22 telemarketer is convicted of, pleads guilty to, or enters 23 a plea of no contest for a felony, engaging in a pattern 24 of corrupt activity, racketeering, a violation of federal 25 or state securities law, or a theft offense. 26 (9) To advertise or represent that registration as 27 a telemarketer is an endorsement or approval by the State 28 or any governmental agency of the State. 29 (10) To request or receive payment of any fee or 30 consideration for goods or services represented to remove 31 derogatory information from or improve a person's credit 32 history, credit record, or credit rating until: 33 (A) The time frame in which the telemarketer 34 has represented all of the goods or services will be -16- LRB9101743SMdvA 1 provided to that person has expired; and 2 (B) The telemarketer has provided the person 3 with documentation in the form of a consumer report 4 from a consumer reporting agency demonstrating that 5 the promised results have been achieved, such report 6 having been issued more than 6 months after the 7 results were achieved. 8 (11) Obtain or submit for payment a check, draft, 9 or other form of negotiable paper drawn on a person's 10 checking, savings, bond, or other account without the 11 consumer's express written authorization. 12 (12) To procure the services of any professional 13 delivery, courier, or other pick-up service to obtain 14 immediate receipt and possession of a consumer's payment 15 unless: 16 (A) Such service is requested by the consumer; 17 and 18 (B) The consumer is actually afforded an 19 opportunity to inspect the goods or services prior 20 to payment. 21 (13) To request or receive payment in advance from 22 a person to recover or otherwise aid in the return of 23 money or any other item lost by the consumer in a prior 24 telemarketing transaction. 25 (14) To misrepresent the requirements of this 26 Section. 27 (15) To assist, support, or provide substantial 28 assistance to any telemarketer when the seller knows or 29 should know that the telemarketer is engaged in any act 30 or practice which violates this Section or Section 30. 31 (16) To make or cause to be made a telephone call 32 to any emergency telephone number. 33 Section 55. Abusive acts and practices unlawful under -17- LRB9101743SMdvA 1 this Act. It is an abusive telemarketing act or practice and 2 a violation of this Act for any telemarketer to engage in the 3 following conduct: 4 (1) Threaten, intimidate, or use profane or obscene 5 language. 6 (2) Engage any person repeatedly or continuously 7 with behavior a reasonable person would deem to be 8 annoying, abusive, or harassing. 9 (3) Initiate an outbound telephone call to a person 10 when that person previously has stated that he or she 11 does not wish to receive an outbound telephone call made 12 on behalf of the telemarketer whose goods or services are 13 being offered. 14 (4) Engage in telemarketing to a person's residence 15 at any time other than between 8 a.m. and 9 p.m. local 16 time, Monday through Sunday, at the called person's 17 location. 18 Section 60. Enforcement by Attorney General. Violation 19 of any of the provisions of this Act is an unlawful practice 20 under the Consumer Fraud and Deceptive Business Practices 21 Act. All remedies, penalties, and authority granted to the 22 Attorney General by that Act shall be available to him for 23 the enforcement of this Act. 24 Section 65. Criminal penalties. A knowing violation of 25 Section 15, 20, 25, 30, 35, 40, 50, or 55 is a Class 4 26 felony. 27 Section 70. Private right of action. 28 (a) Any person who suffers actual damages as a result 29 of a violation of this Act committed by any other person may 30 bring an action against that person. The court, in its 31 discretion, may award actual economic damages or any other -18- LRB9101743SMdvA 1 relief which the court deems proper. 2 (b) Such action may be commenced in the county in which 3 the person against whom it is brought resides, has his 4 principal place of business, or is doing business, or in the 5 county where the transaction or any substantial portion of 6 the transaction occurred. 7 (c) In any action brought by a person under this 8 Section, the court may grant injunctive relief where 9 appropriate and may award, in addition to the relief provided 10 in this Section, reasonable attorney's fees and costs to the 11 prevailing party. 12 (d) Upon commencement of any action brought under this 13 Section, the plaintiff shall mail a copy of the complaint or 14 other initial pleading to the Attorney General and, upon 15 entry of any judgment or order in the action, shall mail a 16 copy of the judgment or order to the Attorney General. 17 (e) Any action for damages under this Section shall be 18 forever barred unless commenced within 3 years after the 19 cause of action accrued; provided that, whenever any action 20 is brought by the Attorney General or a State's Attorney for 21 a violation of this Act, the running of the statute of 22 limitations, with respect to every private right of action 23 for damages which is based in whole or in part on any matter 24 complained of in the action by the Attorney General or 25 State's Attorney, shall be suspended during the pendency of 26 the action, and for one year thereafter. 27 Section 75. Telemarketing Fraud Enforcement Fund. There 28 is hereby created in the State Treasury the Attorney General 29 Telemarketing Fraud Enforcement Fund. The State Treasurer 30 shall deposit in the fund registration fees paid pursuant to 31 this Act. The Attorney General shall use the monies in the 32 fund for the administration and enforcement of the program of 33 registration established in this Act and also for educational -19- LRB9101743SMdvA 1 activities that advance the purposes of this Act. 2 Section 80. Rules. The Attorney General may promulgate 3 any rules necessary to implement this Act, which rules shall 4 have the force of law. 5 Section 85. Construction of Act. This Act shall be 6 liberally construed to effect its purposes. 7 Section 905. The State Finance Act is amended by adding 8 Section 5.490 as follows: 9 (30 ILCS 105/5.490 new) 10 Sec. 5.490. The Attorney General Telemarketing Fraud 11 Enforcement Fund. 12 (815 ILCS 413/Act rep.) 13 Section 910. The Telephone Solicitations Act is 14 repealed.
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