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91_SB0349sam002 LRB9101743SMdvam06 1 AMENDMENT TO SENATE BILL 349 2 AMENDMENT NO. . Amend Senate Bill 349, AS AMENDED, 3 by replacing the title with the following: 4 "AN ACT regarding telemarketing."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "Section 1. Short title. This Act may be cited as the 8 Telemarketing Registration and Fraud Prevention Act. 9 Section 5. Definitions. As used in this Act, unless the 10 context otherwise requires: 11 "Emergency telephone number" means any telephone number 12 that accesses or calls a fire department, law enforcement 13 agency, ambulance, hospital, medical center, poison control 14 center, rape crisis center, suicide prevention center, rescue 15 service, or the 911 emergency access number provided by law 16 enforcement agencies and police departments. 17 "Investment opportunity" means anything tangible or 18 intangible, that is offered for sale, sold, or traded based 19 wholly or in part on representations, either express or 20 implied, about past, present, or future income, profit, or 21 appreciation. -2- LRB9101743SMdvam06 1 "Person" includes any individual, group of individuals, 2 firm, association, corporation, partnership, joint venture, 3 sole proprietorship, or any other business entity. 4 "Prize" means anything offered or purportedly offered and 5 given or purportedly given to a person by chance. 6 "Prize promotion" means a sweepstakes or other game of 7 chance or an oral or written, express or implied 8 representation that a person has won, has been selected to 9 receive, or is eligible to receive a prize or purported 10 prize. 11 "Seller" means any person who, in connection with a 12 telemarketing transaction, provides, offers to provide, or 13 arranges for others to provide goods or services to the 14 customer in exchange for consideration. 15 "Solicitation" means a written or oral notification or 16 advertisement that meets any one of the following terms: 17 (1) The notification or advertisement is 18 transmitted by or on behalf of the seller and by any 19 printed, audio, video, cinematic, telephone, or 20 electronic means. 21 (2) In the case of a notification or advertisement 22 other than by telephone, either of the following 23 conditions is met: 24 (A) The notification or advertisement is 25 followed by a telephone call from a telemarketer; or 26 (B) The notification or advertisement invites 27 a response by telephone, and through that response, 28 a telemarketer attempts to make a sale of goods or 29 services. 30 "Telemarketer" means any person who, in connection with 31 telemarketing, initiates telephone calls to or receives 32 telephone calls from a person in this State. "Telemarketer" 33 also means any person located within this State who, in 34 connection with telemarketing, initiates or receives -3- LRB9101743SMdvam06 1 telephone calls. "Telemarketer" includes but is not limited 2 to, any person who is an owner, operator, officer, director, 3 or partner to the management activities of a business. 4 "Telemarketing" means a plan, program, or campaign which 5 is conducted to induce the purchase of goods or services by 6 use of one or more telephones and which involves more than 7 one telephone call. "Telemarketing" may also include the 8 notification of a prize award. "Telemarketing" does not 9 include political fundraising. 10 Section 10. Exemptions. For purposes of registration 11 and bonding under Sections 15 and 20, "telemarketer" does not 12 include any of the following: 13 (1) Any securities, commodities, or investment brokers, 14 dealers, or investment advisers or associates of securities, 15 commodities, or investment brokers, dealers, or investment 16 advisers subject to license or registration by the Securities 17 and Exchange Commission, the National Association of 18 Securities Dealers, or any other self regulatory organization 19 as defined by 15 U.S.C. 78l, or by an agency of this State or 20 any other state, who are soliciting within the scope of their 21 license or registration. 22 (2) A person engaged in solicitation for a religious, 23 charitable, political, educational, or other noncommercial 24 purpose; a person soliciting for a domestic or foreign 25 nonprofit corporation that is registered with the Illinois 26 Secretary of State; or the Illinois Attorney General's Office 27 under the Charitable Trust Act. 28 (3) A business making a sale to another business. 29 (4) A person that solicits sales by periodically 30 publishing and delivering a catalog of the person's 31 merchandise to prospective purchasers, if the catalog: 32 (A) Contains a written description or illustration 33 of each item offered for sale; and -4- LRB9101743SMdvam06 1 (B) Includes the business or home address of the 2 person soliciting the sale. 3 (5) A person who solicits contracts for maintenance or 4 repair of goods previously purchased from that person or from 5 the person on whose behalf the solicitation is made. 6 (6) A person soliciting a transaction regulated by the 7 Commodity Futures Trading Commission if the person is 8 registered or temporarily licensed with the Commodity Futures 9 Trading Commission under the Commodity Exchange Act (7 U.S.C. 10 1 et seq.), and the person's registration or license is not 11 expired, suspended, or revoked. 12 (7) A supervised financial organization or parent, 13 subsidiary, or affiliate of a supervised financial 14 organization, or a licensee under the Consumer Installment 15 Loan Act. 16 (8) A person licensed as an insurance producer under 17 Article XXXI of the Illinois Insurance Code. 18 (9) An insurance company licensed under the Illinois 19 Insurance Code. 20 (10) A person soliciting the sale of services provided 21 by a satellite or cable television system authorized by the 22 federal government or this State to provide services in this 23 State. 24 (11) A telecommunications carrier or its subsidiary or 25 agent, or other business, regulated by the Illinois Commerce 26 Commission under Article XIII of the Public Utilities Act, 27 including but not limited to a telecommunications carrier as 28 defined at Section 13-202 of the Public Utilities Act; a 29 federally licensed cellular telephone service partner or its 30 agents; or a radio telecommunication service provider. 31 (12) A person soliciting business from consumers that 32 have an existing business relationship with or have 33 previously purchased from the business enterprise for which 34 the person is soliciting. -5- LRB9101743SMdvam06 1 (13) A person operating a retail business establishment 2 under the same name as that used in the solicitation: 3 (A) Whose goods or services are displayed and 4 offered for sale at the business establishment; and 5 (B) A majority of whose business involves the 6 consumer obtaining the goods or services at the business 7 establishment. 8 (14) A person soliciting for the sale of a magazine or 9 newspaper of general circulation. 10 (15) An issuer or a subsidiary of an issuer that is 11 authorized to offer securities for sale in this State. 12 (16) A seller who offers: 13 (A) A book, video, record, multimedia club offer, 14 contractual plan, or arrangement along with which the 15 seller provides the consumer with a form the consumer may 16 use to instruct the seller not to ship the offered 17 merchandise; 18 (B) A book, video, record, multimedia club offer, 19 contractual plan, or arrangement that is regulated by 20 Part 425 of the Federal Trade Commission regulation 21 concerning the use of negative option plans by sellers in 22 commerce (16 CFR 425); or 23 (C) Books, records, videos, multimedia products, or 24 other goods for sale that are not covered by subdivisions 25 (A) or (B) of this item (16), including continuity plans, 26 subscription arrangements, standing order arrangements, 27 single sales, supplements, or series arrangements under 28 which the seller periodically ships merchandise to a 29 consumer who has consented in advance to receive the 30 merchandise on a periodic basis. 31 (17) A real estate salesperson or broker licensed by 32 this State. 33 (18) Any person that has provided telemarketing sales 34 services under the same business name as, and derives at -6- LRB9101743SMdvam06 1 least 50% of gross telemarketing sales revenues from 2 contracts with, persons exempted under this Section from 3 registration requirements. 4 (19) A person soliciting the sale of food or food 5 products if the solicitation is not intended to and does not 6 result in a sale in excess of $100 to a single address. 7 (20) A public utility or its subsidiary, affiliate, or 8 agent, or other business regulated by the Illinois Commerce 9 Commission under the Public Utilities Act. 10 Section 15. Registration of telemarketers. 11 (a) No person shall act as a seller or telemarketer 12 without first having registered with the Attorney General. 13 The initial application for registration shall be made at 14 least 60 days prior to offering consumer goods or services 15 and an application for renewal shall be made on an annual 16 basis thereafter. 17 (b) The Attorney General's Office shall charge 18 reasonable application and renewal fees for administration of 19 the registration requirements pursuant to this Section. All 20 fees collected under this Section shall be deposited in the 21 State Treasury in the special fund known as the 22 Telemarketing Fraud Enforcement Fund and shall be used only 23 for the purposes described in Section 75. The certificate of 24 registration or registration renewal shall expire one year 25 after the date on which it is issued. The application and 26 renewal fees and process shall be established through the 27 promulgation of a rule pursuant to the Illinois 28 Administrative Procedure Act. 29 (c) The application for a certificate of registration 30 or renewal shall include, but not be limited to, the 31 following information: 32 (1) The true name, date of birth, driver's license 33 number, social security number or tax identification -7- LRB9101743SMdvam06 1 number, business address, and home address of the 2 applicant (post office boxes or commercial mail receiving 3 agencies are not permitted), including each name under 4 which the applicant intends to engage in telephone 5 solicitations. 6 (2) Each business or occupation engaged in by the 7 applicant during the 2 years immediately preceding the 8 date of the application, and the location of each such 9 business or occupation. 10 (3) Whether, in a court of competent jurisdiction 11 in this State, any other state, or the United States, any 12 principal or manager has been convicted of, has pleaded 13 guilty to, has entered a plea of no contest for, or is 14 being prosecuted by indictment or information for 15 racketeering, any violation of state or federal 16 securities law, or a theft offense. 17 (4) Whether, in any jurisdiction, there has been 18 entered against the applicant an injunction, a temporary 19 restraining order, or a final judgment or order, 20 including an agreed judgment or order, an assurance of 21 voluntary compliance, or any similar instrument, in any 22 civil or administrative action involving fraud, theft, 23 racketeering, embezzlement, fraudulent conversion, 24 misappropriation of property, or any consumer protection 25 law or telemarketing law, or if there is any pending 26 litigation against the applicant involving these matters. 27 (5) Whether, in any jurisdiction, the applicant has 28 been arrested for, has been convicted of, has pleaded 29 guilty to, has entered a plea of no contest to, or is 30 being prosecuted by indictment or information for a 31 felony and, if so, the nature of the felony. 32 (6) Whether in a court of competent jurisdiction of 33 this State, any other state, or the United States, the 34 applicant has been convicted of, has pleaded guilty to, -8- LRB9101743SMdvam06 1 has entered a plea of no contest for, or is being 2 prosecuted by indictment or information for engaging in a 3 pattern of corrupt activity, racketeering, a violation of 4 federal or state securities law, or a theft offense as 5 defined in Section 16-1 of the Criminal Code of 1961 or 6 in similar law of any other state or the United States. 7 (7) Whether the applicant, at any time during the 8 previous 7 years, has filed for bankruptcy, been adjudged 9 bankrupt, or been reorganized because of insolvency. 10 (8) The true name, current home address, date of 11 birth, social security number, and all others by which 12 known or previously known, of each of the following: 13 (A) Each principal officer, director, owner, 14 or partner of the applicant, and each other person 15 participating in or responsible for the management 16 of the applicant's business. 17 (B) Each office manager or other person 18 principally responsible for each location from which 19 the applicant will do business. 20 (9) The name and address of every institution where 21 banking or any other monetary transactions are done by 22 the seller. 23 (10) A copy of all scripts, outlines, or 24 presentation material the applicant will require or 25 suggest be used by a salesperson when soliciting as well 26 as all sales information to be provided by the applicant 27 to a purchaser in connection with any solicitation. 28 Section 20. Surety bond. 29 (a) No person shall act as a telemarketer without having 30 first obtained a surety bond issued by a surety company that 31 holds a certificate of authority to do business in this State 32 issued by the Department of Insurance under the Illinois 33 Insurance Code. With regard to the surety bond, the -9- LRB9101743SMdvam06 1 following conditions must be met before a person may act as a 2 telemarketer: 3 (1) A copy of the bond must be filed with the 4 Attorney General. 5 (2) The bond must be in favor of any person, and of 6 the State for the benefit of any person, that is injured 7 by violation of this Act or a rule adopted under this Act 8 pursuant to the Illinois Administrative Procedure Act. 9 (3) The bond must be in the amount of $100,000. 10 (4) The bond must be maintained and in effect for 11 at least 2 years after the date on which the telemarketer 12 ceases to engage in telephone solicitations. 13 (b) Any person making a claim against the bond for 14 violation of any provision of this Act or rule adopted under 15 this Act may maintain a civil action against the telemarketer 16 and the surety company. The surety company is liable only 17 for damages awarded under Section 70 and is not liable for 18 attorney's fees awarded under Section 70. The aggregate 19 liability of the surety company to all persons injured by a 20 telemarketer's violation of this Act shall not exceed the 21 amount of the bond. 22 (c) The registration of any telemarketer shall be void 23 upon termination of the bond of the surety company or loss of 24 the bond unless, prior to such termination, a new bond has 25 been filed with the Attorney General's Office. The surety, 26 for any cause, may cancel the bond upon giving a 60 day 27 written notice to the telemarketer and to the Attorney 28 General. Unless the bond is replaced by that of another 29 surety before the expiration of the 60 day notice of 30 cancellation, the registration of the telemarketer shall be 31 treated as lapsed. For 2 years after the cancellation takes 32 effect, a person may make a claim against the bond for a 33 violation that occurred while the bond was in effect. 34 (d) Any person required under this Act to file a bond -10- LRB9101743SMdvam06 1 with a registration application may file, in lieu of the 2 bond, a certificate of deposit, in cash or government bond, 3 in the amount of $100,000. 4 (e) The Attorney General shall hold the cash, 5 certificate of deposit, or government bond for 2 years from 6 the period the telemarketing business ceases to operate or 7 registration lapses in order to pay out claims made against 8 the telemarketing business during its period of operation. 9 Section 25. Record keeping requirements. 10 (a) Any telemarketer shall keep, for a period of 24 11 months from the date the record is produced, the following 12 records: 13 (1) All substantially different advertisements, 14 brochures, and other promotional materials. 15 (2) The name and last known address of each prize 16 recipient and the prize awarded for prizes that are 17 represented to have a value of $25 or more. 18 (3) The name and last known address of each 19 consumer, the goods or services purchased, the date such 20 goods or services were shipped or provided, and the 21 amount paid by the consumer for the goods or services. 22 (4) The name, last known home address, telephone 23 number, and job title for all current and former 24 employees directly involved in telephone sales. 25 (5) All written confirmations required to be 26 provided or received under this Act. 27 (b) In the event of any dissolution or termination of 28 the telemarketer's business, the principal of that 29 telemarketer shall maintain all records as required under 30 this Section. In the event of any sale, assignment, or other 31 change in ownership of the seller's business, the purchaser 32 shall maintain all records required under this Section. -11- LRB9101743SMdvam06 1 Section 30. Mandatory disclosures. 2 (a) The telemarketer shall disclose promptly and in a 3 clear and conspicuous manner to a consumer during a telephone 4 solicitation: 5 (1) The identity of the seller. 6 (2) That the purpose of the call is to sell goods 7 or services. 8 (3) The nature of the goods or services. 9 (b) Before a consumer pays for the goods or services 10 offered for sale or provides any financial or payment 11 information to a telemarketer, the telemarketer shall 12 disclose, clearly and conspicuously, the following material 13 information: 14 (1) The total cost to purchase, receive, or use the 15 consumer goods or services that are the subject of the 16 telemarketing communication. 17 (2) The quantity of the consumer goods or services 18 that are the subject of the telemarketing solicitation. 19 (3) All material restrictions, limitations, or 20 conditions to purchase, receive, or use the consumer 21 goods or services that are the subject of the 22 telemarketing solicitation. 23 (4) All material aspects of the nature or terms of 24 the telemarketer's refund, cancellation, exchange, or 25 repurchase policies. 26 (5) In any prize promotion: 27 (A) A statement of all material conditions to 28 receive or redeem the prize. 29 (B) The odds of receiving a prize, and if the 30 odds are not calculable in advance, the factors and 31 methods used in calculating the odds. 32 (C) A clear statement that the consumer is not 33 required to make any purchase to win a prize or 34 participate in the prize promotion, including a -12- LRB9101743SMdvam06 1 statement that the consumer is not required to pay 2 any shipping or handling costs. 3 (D) A clear explanation of the 4 no-purchase/no-payment method of participating in 5 the prize promotion. 6 Section 35. Do not call list. It is an unlawful act or 7 practice and violation of this Act for any telemarketer to 8 initiate a telephone solicitation to a consumer who 9 previously has requested the telemarketer to refrain from 10 calling the consumer. Compliance with Section 310.4(b) of 11 the Federal Trade Commission's Telemarketing Sales Rule shall 12 constitute compliance with this Section. 13 Section 40. Written confirmation. 14 (a) Except as provided in subsection (c), (d), and (e), 15 the telemarketer shall furnish the consumer, in the same 16 language as that principally used in the sales presentation, 17 a written confirmation. 18 (b) The written confirmation furnished under subsection 19 (a) shall be mailed using first class mail, postage prepaid, 20 no later than 10 days after the telemarketing sale. The 21 written confirmation shall be in 12 point type; shall be a 22 separate document for the purpose of confirming the 23 telemarketing sale; and shall contain the following 24 information: 25 (1) The name and address of the seller. 26 (2) The total costs to purchase, receive, or use, 27 and the quantity of, any goods or services that are the 28 subject of the sale. 29 (3) All material restrictions, limitations, or 30 conditions to purchase, receive, or use the goods or 31 services that are the subject of the sale. 32 (4) If the seller has a policy of not making -13- LRB9101743SMdvam06 1 refunds, cancellations, exchanges, or repurchases, a 2 statement informing the customer that this is the 3 seller's policy; or, if the seller or telemarketer makes 4 a representation about a refund, cancellation, exchange, 5 or repurchase policy, a statement of all material terms 6 and conditions of the policy. 7 (5) A toll-free number to call should the consumer 8 wish to cancel the telemarketing sale. 9 (c) A written confirmation is not required if the 10 telemarketing sale is regulated by other laws of the State. 11 (d) A sale is not subject to the requirements of this 12 Section if the seller, at a minimum, has a policy of: 13 (1) accepting returns or cancelling services in 14 connection with the return of unused and undamaged goods 15 or cancelled services for a period of not less than 7 16 days after the date of delivery to the consumer and 17 providing a cash refund for a cash purchase or issuing a 18 credit for a credit purchase applied to the account that 19 was debited; 20 (2) disclosing the seller's refund and return 21 policy to the consumer by telephone or in writing 22 included with advertising or promotional material, or 23 with the delivery of the goods or services; and 24 (3) restoring payments or issuing credits pursuant 25 to subdivision (d)(1), within 30 days after the date on 26 which the seller receives the returned goods or notice of 27 cancellation of services. A seller who discloses in 28 writing that a sale is subject to "satisfaction 29 guaranteed", "free inspection", "a no risk guarantee", or 30 similar words or phrases shall be considered to have met 31 the review and return for refund policy requirements of 32 this subsection. 33 (e) A written confirmation is not required if the 34 telemarketing sale results in a written contract signed by -14- LRB9101743SMdvam06 1 the consumer. 2 Section 45. Acts and practices not covered under this 3 Act. The following acts and practices are not covered under 4 this Act: 5 (1) Telephone calls in which the sale of goods or 6 services is not completed, and payment or authorization of 7 payment is not required, until after a face-to-face 8 presentation by the seller. 9 (2) Telephone calls initiated by a consumer that are not 10 the result of any telephone solicitation by a telemarketer. 11 (3) Telephone calls made by an autodialer as defined in 12 the Automatic Telephone Dialers Act. 13 (4) Telephone calls initiated by a consumer in response 14 to a direct mail solicitation that clearly, conspicuously, 15 and truthfully discloses all material information listed in 16 subsection (b) of Section 30 for any item offered in the 17 direct mail solicitation; provided, however, that this 18 exemption does not apply to calls initiated by a consumer in 19 response to a direct mail solicitation relating to prize 20 promotions, investment opportunities, goods or services 21 described in subdivisions (a)(9) and (a)(12) of Section 50, 22 or direct mail solicitations that guarantee or represent a 23 high likelihood of success in obtaining or arranging for 24 extensions of credit, if payment of a fee is required in 25 advance of obtaining the extension of credit. 26 (5) Telephone calls initiated by a consumer in response 27 to an advertisement through any media, other than direct mail 28 solicitations; provided however, that this exemption does not 29 apply to calls initiated by a consumer in response to an 30 advertisement relating to investment opportunities, goods, or 31 services described in subdivisions (a)(9) and (a)(12) of 32 Section 50, or advertisements that guarantee or represent a 33 high likelihood of success in obtaining or arranging for -15- LRB9101743SMdvam06 1 extensions of credit, if payment of a fee is required in 2 advance of obtaining the extension of credit. 3 (6) Telephone calls made by a collection agency 4 registered with the Department of Professional Regulation 5 under the Illinois Collection Agency Act. 6 (7) Telephone calls related to the personal service 7 relationship between a retail business establishment and a 8 consumer who has had or has a business relationship with that 9 retailer. 10 Section 50. Unlawful acts or practices. 11 (a) It is an unlawful act or practice and a violation of 12 this Act for any telemarketer to engage in the following 13 conduct: 14 (1) To obtain a certificate of registration or 15 registration renewal through any false or fraudulent 16 representation or make any material misrepresentation in 17 any registration or registration renewal application. 18 (2) To fail to maintain a valid certificate of 19 registration or registration renewal. 20 (3) To provide inaccurate or incomplete information 21 to the Attorney General when making an application for a 22 certificate of registration or registration renewal. 23 (4) To misrepresent that a person is registered or 24 that a person has a valid certificate number. 25 (5) To misrepresent, directly or by implication, 26 any of the following information: 27 (A) The total cost to purchase, receive, or 28 use, and the quantity of, any goods or services that 29 are the subject of a solicitation. 30 (B) A material restriction, limitation, or 31 condition to purchase, receive, or use goods or 32 services that are the subject of a solicitation. 33 (C) A material aspect of the performance, -16- LRB9101743SMdvam06 1 efficacy, nature, or characteristics of goods or 2 services that are the subject of a solicitation. 3 (D) A material aspect of the nature or terms 4 of the seller's refund, cancellation, exchange, or 5 repurchase policies. 6 (E) A material aspect of a prize promotion, 7 including, but not limited to, the odds of being 8 able to receive a prize, the nature of a prize, the 9 actual number of each prize to be awarded or given, 10 or that a purchase or payment of any kind is 11 required to win a prize or participate in a prize 12 promotion. 13 (F) A material aspect of an investment 14 opportunity, including, but not limited to, risk, 15 liquidity, earnings potential, or profitability. 16 (G) The telemarketer's affiliation with or 17 endorsement by any government or third-party 18 organization. 19 (6) To make a false or misleading statement to 20 induce a consumer to pay for goods or services. 21 (7) To fail to notify the Attorney General within 22 15 days if, in a court of competent jurisdiction of this 23 State or any other state or the United States, the 24 telemarketer is convicted of, pleads guilty to, or enters 25 a plea of no contest for a felony, engaging in a pattern 26 of corrupt activity, racketeering, a violation of federal 27 or state securities law, or a theft offense. 28 (8) To advertise or represent that registration as 29 a telemarketer is an endorsement or approval by the State 30 or any governmental agency of the State. 31 (9) To request or receive payment of any fee or 32 consideration for goods or services represented to remove 33 derogatory information from or improve a person's credit 34 history, credit record, or credit rating until: -17- LRB9101743SMdvam06 1 (A) The time frame in which the telemarketer 2 has represented all of the goods or services will be 3 provided to that person has expired; and 4 (B) The telemarketer has provided the person 5 with documentation in the form of a consumer report 6 from a consumer reporting agency demonstrating that 7 the promised results have been achieved, such report 8 having been issued more than 6 months after the 9 results were achieved. 10 (10) Obtain or submit for payment a check, draft, 11 or other form of negotiable paper drawn on a person's 12 checking, savings, bond, or other account without the 13 consumer's express written authorization. 14 (11) To procure the services of any professional 15 delivery, courier, or other pick-up service to obtain 16 immediate receipt and possession of a consumer's payment 17 unless: 18 (A) Such service is requested by the consumer; 19 and 20 (B) The consumer is actually afforded an 21 opportunity to inspect the goods or services prior 22 to payment. 23 (12) To request or receive payment in advance from 24 a consumer to recover or otherwise aid in the return of 25 money or any other item lost by the consumer in a prior 26 telemarketing transaction. 27 (13) To misrepresent the requirements of this 28 Section. 29 (14) To assist, support, or provide substantial 30 assistance to any telemarketer when the seller knows or 31 should know that the telemarketer is engaged in any act 32 or practice which violates this Section or Section 30. 33 (15) To make or cause to be made a telephone call 34 to any emergency telephone number. -18- LRB9101743SMdvam06 1 (16) To request or receive payment of any fee or 2 consideration in advance of obtaining a loan or other 3 extension of credit when the seller or telemarketer has 4 guaranteed or represented a high likelihood of success in 5 obtaining or arranging a loan or other extension of 6 credit for a consumer. 7 Section 55. Abusive acts and practices unlawful under 8 this Act. It is an abusive telemarketing act or practice and 9 a violation of this Act for any telemarketer to engage in the 10 following conduct: 11 (1) Threaten, intimidate, or use profane or obscene 12 language. 13 (2) Engage any person repeatedly or continuously 14 with behavior a reasonable person would deem to be 15 annoying, abusive, or harassing. 16 (3) Initiate an outbound telephone call to a person 17 when that person previously has stated that he or she 18 does not wish to receive an outbound telephone call made 19 on behalf of the telemarketer whose goods or services are 20 being offered in compliance with Section 35. 21 (4) Engage in telemarketing to a person's residence 22 at any time other than between 8 a.m. and 9 p.m. local 23 time, Monday through Sunday, at the called person's 24 location. 25 Section 60. Enforcement by Attorney General. Violation 26 of any of the provisions of this Act is an unlawful practice 27 under the Consumer Fraud and Deceptive Business Practices 28 Act. All remedies, penalties, and authority granted to the 29 Attorney General by that Act shall be available to him for 30 the enforcement of this Act. 31 Section 65. Criminal penalties. A knowing violation of -19- LRB9101743SMdvam06 1 Section 15, 20, 25, 30, 35, 40, 50, or 55 is a Class 4 2 felony. 3 Section 70. Private right of action. 4 (a) Any person who suffers actual damages as a result 5 of a violation of this Act committed by any other person may 6 bring an action against that person. The court, in its 7 discretion, may award actual economic damages or any other 8 relief which the court deems proper. 9 (b) Such action may be commenced in the county in which 10 the person against whom it is brought resides, has his 11 principal place of business, or is doing business, or in the 12 county where the transaction or any substantial portion of 13 the transaction occurred. 14 (c) In any action brought by a person under this 15 Section, the court may grant injunctive relief where 16 appropriate and may award, in addition to the relief provided 17 in this Section, reasonable attorney's fees and costs to the 18 prevailing party. 19 (d) Upon commencement of any action brought under this 20 Section, the plaintiff shall mail a copy of the complaint or 21 other initial pleading to the Attorney General and, upon 22 entry of any judgment or order in the action, shall mail a 23 copy of the judgment or order to the Attorney General. 24 (e) Any action for damages under this Section shall be 25 forever barred unless commenced within 3 years after the 26 cause of action accrued; provided that, whenever any action 27 is brought by the Attorney General or a State's Attorney for 28 a violation of this Act, the running of the statute of 29 limitations, with respect to every private right of action 30 for damages which is based in whole or in part on any matter 31 complained of in the action by the Attorney General or 32 State's Attorney, shall be suspended during the pendency of 33 the action, and for one year thereafter. -20- LRB9101743SMdvam06 1 Section 75. Telemarketing Fraud Enforcement Fund. There 2 is hereby created in the State Treasury the Attorney General 3 Telemarketing Fraud Enforcement Fund. The State Treasurer 4 shall deposit in the fund registration fees paid pursuant to 5 this Act. Subject to appropriation by the legislature, the 6 Attorney General shall use the monies in the fund for the 7 administration and enforcement of the program of registration 8 established in this Act and also for educational activities 9 that advance the purposes of this Act. 10 Section 80. Rules. The Attorney General may promulgate 11 any rules necessary to implement this Act, pursuant to the 12 Illinois Administrative Procedure Act, which rules shall have 13 the force of law. 14 Section 85. Construction of Act. This Act shall be 15 liberally construed to effect its purposes. 16 Section 905. The State Finance Act is amended by adding 17 Section 5.490 as follows: 18 (30 ILCS 105/5.490 new) 19 Sec. 5.490. The Attorney General Telemarketing Fraud 20 Enforcement Fund. 21 (815 ILCS 413/Act rep.) 22 Section 910. The Telephone Solicitations Act is 23 repealed.".
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