State of Illinois
91st General Assembly
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Public Act 91-0182

HB0157 Enrolled                                LRB9100428JSgc

    AN ACT concerning telephone solicitations, amending named
Acts.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section   5.  The  Automatic  Telephone  Dialers  Act  is
amended by changing Sections 5, 15, 20, and 30 as follows:

    (815 ILCS 305/5) (from Ch. 134, par. 105)
    Sec. 5. Definitions. For purpose of this Act:
    (a)  "Autodialer"  or  "Autodialer  System"   means   any
telephone  dialing  or accessing device, machine, computer or
system  capable  of  storing  telephone  numbers   which   is
programmed  to  sequentially  or  randomly  access the stored
telephone  numbers  in  order  to  automatically  connect   a
telephone  with a recorded message, the term does not include
any device associated with  a  burglar  alarm  system,  voice
message system or fire alarm system.
    (b)  "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.
    (c)  "Recorded  Message"  means  any  taped communication
soliciting the sale of goods or services without  live  voice
interaction.
    (d)  "Voice  Messaging System" means any message delivery
service   which   utilizes   an   autodialer    to    deliver
non-commercial   messages   to   domestic  and  international
recipients.
    (e)  "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.
    (f)  "Caller  ID"  means  the display to the recipient of
the call the caller's telephone number or identity.
(Source: P.A. 87-275.)

    (815 ILCS 305/15) (from Ch. 134, par. 115)
    Sec. 15. Method of operation.
    (a)  No person shall operate an autodialer in this  State
to place a telephone call during the hours between 9 p.m. and
9 a.m.
    (b)  All   autodialers   operated  within  the  State  of
Illinois shall disconnect within 30 seconds after termination
of the call by  the  subscriber  or  the  autodialer.   Where
disconnection  in 30 seconds is technically not feasible, the
autodialer shall utilize a live operator who shall:
         (1)  state his name, the name, address and telephone
    number 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  hear  the  prerecorded
    message.
    (c)  An autodialer shall not  be  used  to  dial  numbers
determined by successively increasing or decreasing integers.
    (d)  An  autodialer  may not be operated in a manner that
impedes the function of any  caller  ID  when  the  telephone
solicitor's  service  or equipment is capable of allowing the
display of the solicitor's telephone number.
(Source: P.A. 87-275; 87-895.)

    (815 ILCS 305/20) (from Ch. 134, par. 120)
    Sec. 20. Exemptions.
    (a)  Except as provided in subsection (b), the provisions
of this Act  shall  not  apply  to  the  following  types  of
telephone calls made by an autodialer:
         (1)  calls made in response to an express request of
    the person called;
         (2)  calls   made   to  any  person  with  whom  the
    telephone solicitor has  a  prior  or  existing  business
    relationship;
         (3)  a  telephone  call  placed  on  behalf  of  any
    political,  charitable,  public opinion polling, research
    survey,  or  radio   or   television   broadcast   rating
    organization.
    (b)  Notwithstanding  the  provisions  of subsection (a),
all calls made by an autodialer must be  made  in  compliance
with the requirements of subsection (d) of Section 15.
(Source: P.A. 87-275; 87-895.)

    (815 ILCS 305/30) (from Ch. 134, par. 130)
    Sec. 30. Violations.
    (a)  It  is  shall  be a violation of this Act to make or
cause to be made telephone calls utilizing an  autodialer  to
any  emergency  telephone  number  as defined in Section 5 of
this Act. It is a violation of this Act to make or  cause  to
be  made  telephone calls utilizing an autodialer in a manner
that does not comply with Section 15.
    (b)  It is shall be a violation of this  Act  Section  to
play  a  prerecorded  message placed by an autodialer without
the consent of the called party.
    (c)  Enforcement by customer. Any customer injured  by  a
violation of this Act may bring an action for the recovery of
damages.  Judgment  may  be entered for 3 times the amount at
which  the  actual  damages  are  assessed,  plus  costs  and
reasonable attorney fees.
    (d)  Enforcement by Attorney General. Violation of any of
the provisions of this Act  is  an  unlawful  practice  under
Section  2Z  20  of the Consumer Fraud and Deceptive Business
Practices Act. All remedies, penalties and authority  granted
to the Attorney General by that Act shall be available to him
for the enforcement of this Act. In any action brought by the
Attorney  General  to  enforce  this Act, the court may order
that persons who  incurred  actual  damages  be  awarded  the
amount at which actual damages are assessed.
(Source: P.A. 87-275.)

    Section  10.  The  Telephone Solicitations Act is amended
by changing Sections 5, 15, 20, 23, and 25 as follows:

    (815 ILCS 413/5)
    Sec. 5.  Definitions.  For purposes of this Act:
    "Caller ID" means the display to  the  recipient  of  the
call the caller's telephone number or identity.
    (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. 90-541, eff. 6-1-98.)

    (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.
    (c)  A  person  may  not  solicit  the  sale  of goods or
services by telephone in a manner that impedes  the  function
of  any  caller  ID when the telephone solicitor's service or
equipment  is  capable  of  allowing  the  display   of   the
solicitor's telephone number.
(Source:  P.A. 90-541, eff. 6-1-98.)

    (815 ILCS 413/20)
    Sec. 20.  Exemptions.
    (a)  Except as provided in subsection (b), the provisions
of  this  Act  shall  not apply to telephone calls made by an
autodialer.  The provisions of  this  Act  do  not  apply  to
telephone  calls made by a person who is a registered dealer,
registered  investment  adviser,  or  registered  salesperson
under Section 8 of the Illinois Securities Law of 1953 or who
is registered as a broker-dealer, registered  representative,
or   salesperson   of   a  broker-dealer  under  the  federal
securities laws, when performing acts  within  the  scope  of
that registration.
    (b)  Notwithstanding  the  provisions  of subsection (a),
all telephone calls must  be  made  in  compliance  with  the
requirements of subsection (c) of Section 15.
(Source: P.A. 88-288.)

    (815 ILCS 413/23)
    Sec. 23. Limited exemption.
    (a)  Except as provided in subsection (b), the provisions
of  this  Act  shall  not  apply  to  any  licensed insurance
company, its licensed employees  or  agents  when  performing
acts  within  the  scope  of  their  licenses  in relation to
existing customers or policyholders, or employees of licensed
agents.
    (b)  Notwithstanding the provisions  of  subsection  (a),
all  telephone  calls  must  be  made  in compliance with the
requirements of subsection (c) of Section 15.
(Source: P.A. 88-288.)

    (815 ILCS 413/25)
    Sec. 25.  Violations.
    (a)  It is shall be a violation of this Act  to  make  or
cause  to  be made telephone calls to any emergency telephone
number as defined in Section 5 of this Act. It is a violation
of this Act to make or cause to be made telephone calls in  a
manner that does not comply with Section 15.
    (b)  It  is  shall  be a violation of this Act Section to
continue with  a  solicitation  placed  by  a  live  operator
without the consent of the called party.
    (c)  Enforcement  by  customer. Any customer injured by a
violation of this Act may bring an action for the recovery of
damages. Judgment may be entered for 3 times  the  amount  at
which  the  actual  damages  are  assessed,  plus  costs  and
reasonable attorney fees.
    (d)  Enforcement by Attorney General. Violation of any of
the  provisions  of  this  Act  is an unlawful practice under
Section 2Z of  the  Consumer  Fraud  and  Deceptive  Business
Practices Act. All remedies, penalties, and authority granted
to the Attorney General by that Act shall be available to him
for the enforcement of this Act. In any action brought by the
Attorney  General  to  enforce  this Act, the court may order
that persons who  incurred  actual  damages  be  awarded  the
amount at which actual damages are assessed.
(Source: P.A. 88-288.)

    Section  99.   Effective  date.   This  Act  takes effect
January 1, 2000.

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