Public Act 90-0541 of the 90th General Assembly
Public Act 90-0541
SB663 Re-enrolled LRB9002909SMdv
AN ACT to amend the Telephone Solicitations Act by
changing Sections 5, 10, and 15.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Telephone Solicitations Act is amended by
changing Sections 5, 10, and 15 as follows:
(815 ILCS 413/5)
Sec. 5. Definitions. For purposes of this Act:
(a) "Emergency telephone number" means any telephone
number which accesses or calls a fire department, law
enforcement agency, ambulance, hospital, medical center,
poison control center, rape crisis center, suicide prevention
center, rescue service, the 911 emergency access number
provided by law enforcement agencies and police departments.
(b) "Subscriber" means:
(1) A person who has subscribed to telephone
service from a telephone company; or
(2) Other persons living or residing with the
subscribing person.
(c) "Telephone solicitation" means any communication
through the use of a telephone by live operators for
soliciting the sale of goods or services.
(Source: P.A. 88-288.)
(815 ILCS 413/10)
Sec. 10. Jurisdiction. No person shall solicit the sale
of goods or services in this State except in accordance with
this Act. The provisions of this Act shall not apply to
telecommunications carriers as defined in Article XIII of the
Public Utilities Act or to any bank, trust company, savings
and loan association, credit union, licensee under the
Consumer Installment Loan Act, licensed insurer, licensee
under the Real Estate License Act of 1983, or any affiliate,
subsidiary, employee, or agent of any such entities.
(Source: P.A. 88-288.)
(815 ILCS 413/15)
Sec. 15. Method of operation.
(a) No person shall solicit the sale of goods or
services in this State by placing a telephone call during the
hours between 9 p.m. and 8 a.m.
(b) A live operator soliciting the sale of goods or
services shall:
(1) immediately state his or her name, the name of
the business or organization being represented, and the
purpose of the call; and
(2) inquire at the beginning of the call whether
the person called consents to the solicitation; and
(3) if the person called requests to be taken off
the contact list of the business or organization, the
operator must refrain from calling that person again and
take all steps necessary to have that person's name and
telephone number removed from the contact records of the
business or organization so that the person will not be
contacted again by the business or organization.
Compliance with Section 310.4(b) of the Federal Trade
Commission's Telemarketing Sales Rule shall constitute
compliance with this subsection (b)(3) of this Section.
(Source: P.A. 88-288.)