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92_HB3343 LRB9206460JSpc 1 AN ACT concerning telephone solicitation. 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 Do-Not-Call List Act. 6 Section 5. Definitions. As used in this Act: 7 "Caller identification service" means a type of telephone 8 service that permits telephone subscribers to see the 9 telephone number of incoming telephone calls; 10 "Residential subscriber" means a person who has 11 subscribed to residential telephone service from a local 12 exchange company or the other persons living or residing with 13 the person; 14 "Telephone solicitation" means any voice communication 15 over a telephone line from a live operator, through the use 16 of ADAD equipment or by other means for the purpose of 17 encouraging the purchase or rental of, or investment in, 18 property, goods, or services, but does not include 19 communications: 20 (1) by or on behalf of any person or entity with 21 whom a residential subscriber has a current business or 22 personal relationship; 23 (2) by or on behalf of an entity organized under 24 Section 501(c)(3) of the United States Internal Revenue 25 Code, while the entity is engaged in fund raising to 26 support the charitable purpose for which the entity was 27 established provided that a bona fide member of the 28 exempt organization makes the voice communication; or 29 (3) by or on behalf of any entity over which a 30 federal agency has regulatory authority to the extent 31 that: -2- LRB9206460JSpc 1 (A) subject to the authority, the entity is 2 required to maintain a license, permit, or 3 certificate to sell or provide the merchandise being 4 offered through telemarketing; and 5 (B) the entity is required by law or rule to 6 develop and maintain a no-call list. 7 Section 10. Attorney General. The Office of the Attorney 8 General shall receive telemarketing complaints by means of a 9 toll-free telephone number, by a notice in writing, or by 10 electronic means. Complaints against entities that are 11 licensed, certificated, or permitted and whose telemarketing 12 practices are regulated by the same State or federal agency 13 and which agency has rules regulating telemarketing practices 14 shall be forwarded for investigation by the Office of the 15 Attorney General to the agency. All other complaints shall be 16 handled by the Office of the Attorney General. 17 Section 15. Telephone solicitation. Beginning July 1, 18 2002, a person or entity may not make or cause to be made any 19 telephone solicitation to the telephone line of any 20 residential subscriber in this State who has given notice to 21 the Secretary of State, in accordance with rules adopted 22 under Section 20, of the subscriber's objection to receiving 23 telephone solicitations. 24 Section 20. Database. 25 (a) The Secretary of State must establish and provide 26 for the operation of a database to compile a list of 27 telephone numbers of residential subscribers who object to 28 receiving telephone solicitations. The Secretary of State 29 shall have the database in operation no later than July 1, 30 2002. 31 (b) No later than January 1, 2002, the Secretary of -3- LRB9206460JSpc 1 State shall adopt rules governing the establishment of a 2 State no-call database as he or she deems necessary and 3 appropriate to fully implement this Act. The rules must, at a 4 minimum, include all of the following: 5 (1) Specify the methods by which a residential 6 subscriber may give notice to the Secretary of State or 7 its contractor of his or her objection to receiving the 8 solicitations or revocation of the notice. There shall 9 be no cost to the subscriber for joining the database in 10 this manner. 11 (2) Specify the length of time for which a notice 12 of objection is to be effective and the effect of a 13 change of telephone number on the notice. 14 (3) Specify the methods by which the objections and 15 revocations may be collected and added to the database. 16 (4) Specify the methods by which any person or 17 entity desiring to make telephone solicitations may 18 obtain access to the database as required to avoid 19 calling the telephone numbers of residential subscribers 20 included in the database, including the cost assessed to 21 that person or entity for access to the database. 22 (5) Specify methods by which a local exchange 23 telecommunications carrier may include names and 24 telephone numbers of its customers in the State no-call 25 database. 26 (6) Specify the other matters relating to the 27 database that the Secretary of State deems desirable. 28 (c) If the Federal Communications Commission establishes 29 a single national database of telephone numbers of 30 subscribers who object to receiving telephone solicitations 31 under Title 47 U.S.C., Section 227(c)(3), the Secretary of 32 State shall include that part of the single national database 33 that relates to Illinois in the database established under 34 this Section. -4- LRB9206460JSpc 1 (d) Information contained in the database established 2 under this Section shall be used only for the purpose of 3 compliance with Section 15 and this Section or in a 4 proceeding or action under Section 25. The information is not 5 a public record under the Freedom of Information Act. 6 (e) In April, July, October, and January of each year, 7 the Secretary of State shall obtain subscription listings of 8 consumers in this State who have arranged to be included on 9 any national do-not-call list and add those names to the 10 State do-not-call list. 11 Section 25. Relief. 12 (a) The Attorney General may initiate proceedings 13 relating to a knowing violation or threatened knowing 14 violation of Section 15. The proceedings may include, without 15 limitation, an injunction, a civil penalty up to a maximum of 16 $5,000 for each knowing violation, and additional relief in 17 any circuit court. The Attorney General may issue 18 investigative demands, issue subpoenas, administer oaths, and 19 conduct hearings in the course of investigating a violation 20 of Section 15. 21 (b) Any person who has received more than one telephone 22 solicitation within any 12-month period by or on behalf of 23 the same person or entity in violation of Section 15 may 24 either: 25 (1) bring an action to enjoin the violation; 26 (2) bring an action to recover for actual monetary 27 loss from the knowing violation or to receive up to 28 $5,000 in damages for each knowing violation, whichever 29 is greater; or 30 (3) bring both the actions under clauses (1) and 31 (2) of this subsection (b). 32 (c) It is a defense in any action or proceeding brought 33 under this Section that the defendant has established and -5- LRB9206460JSpc 1 implemented, with due care, reasonable practices and 2 procedures to effectively prevent telephone solicitations in 3 violation of Section 15. 4 (d) An action or proceeding may not be brought under 5 this Section: 6 (1) more than 2 years after the person bringing the 7 action knew or should have known of the occurrence of the 8 alleged violation; or 9 (2) more than 2 years after the termination of any 10 proceeding or action arising out of the same violation or 11 violations by the State of Illinois, whichever is later. 12 (e) A circuit court of this State may exercise personal 13 jurisdiction over any nonresident or his or her executor or 14 administrator as to an action or proceeding authorized by 15 this Section in the manner otherwise provided by law. 16 (f) The remedies, duties, prohibitions, and penalties of 17 this Act are not exclusive and are in addition to all other 18 causes of action, remedies, and penalties provided by law. 19 (g) A provider of telephone caller identification 20 service may not be held liable for violations of Section 15 21 committed by other persons or entities. 22 (h) This Section is operative on and after July 1, 2001. 23 Section 30. Local exchange telecommunications carrier 24 list. 25 (a) A local exchange telecommunications carrier must 26 establish and maintain a database of its residential 27 subscribers who object to receiving telephone solicitations. 28 A local exchange telecommunications carrier must provide 29 notice of the existence of the database on the first page of 30 its monthly billing statements to its customers. 31 (b) Upon receiving notice from a customer of the 32 customer's intention to be included in the database, a local 33 exchange telecommunications carrier must place the customer's -6- LRB9206460JSpc 1 name and telephone number in the database. The customer's 2 name and telephone number must be maintained in the database 3 for a period of at least 3 years. A local exchange 4 telecommunications carrier may impose a one-time fee not 5 exceeding $3 for including a customer's name and telephone 6 number in the database for a 3-year period. 7 (c) In January, April, July, and October of each year, a 8 local exchange telecommunications carrier must report to the 9 Secretary of State for inclusion in the State no-call 10 database a list of all customers' names and telephone numbers 11 that have been added to the database created under this 12 Section since the previous report. 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.
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