Illinois General Assembly - Full Text of SB2136
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Full Text of SB2136  98th General Assembly

SB2136enr 98TH GENERAL ASSEMBLY



 


 
SB2136 EnrolledLRB098 06596 WGH 36639 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Automatic Telephone Dialers Act is amended
5by changing Section 30 and by adding Section 22 as follows:
 
6    (815 ILCS 305/22 new)
7    Sec. 22. Recordkeeping.
8    (a) A person who operates an autodialer to communicate a
9commercial message shall maintain a list of all telephone
10numbers called.
11    (b) A person who operates an autodialer to communicate a
12commercial message shall maintain records to sufficiently
13document any exemption claimed under Section 20 of this Act.
 
14    (815 ILCS 305/30)  (from Ch. 134, par. 130)
15    Sec. 30. Violations.
16    (a) It is a violation of this Act to make or cause to be
17made telephone calls utilizing an autodialer to any emergency
18telephone number as defined in Section 5. It is a violation of
19this Act to make or cause to be made telephone calls utilizing
20an autodialer in a manner that does not comply with Section 15.
21    (b) It is a violation of this Act to play a prerecorded
22message placed by an autodialer without the consent of the

 

 

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1called party.
2    (c) Enforcement by customer. Any customer injured by a
3violation of this Act may bring an action for the recovery of
4damages. Judgment may be entered for 3 times the amount at
5which the actual damages are assessed, plus costs and
6reasonable attorney fees.
7    (c-5) In addition to the damages authorized under
8subsection (c), a consumer may obtain statutory damages in the
9amount of $500 per violation.
10    (d) Enforcement by Attorney General. Violation of any of
11the provisions of this Act is an unlawful practice under
12Section 2Z of the Consumer Fraud and Deceptive Business
13Practices Act. All remedies, penalties and authority granted to
14the Attorney General by that Act shall be available to him for
15the enforcement of this Act. In any action brought by the
16Attorney General to enforce this Act, the court may order that
17persons who incurred actual damages be awarded the amount at
18which actual damages are assessed. In addition to actual
19damages, a court may order that each person who received a call
20in violation of this Act be awarded statutory damages in the
21amount of $500 per violation.
22(Source: P.A. 91-182, eff. 1-1-00.)
 
23    Section 10. The Restricted Call Registry Act is amended by
24adding Sections 45 and 50 as follows:
 

 

 

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1    (815 ILCS 402/45 new)
2    Sec. 45. Recordkeeping.
3    (a) A person who makes or causes to be made calls to
4communicate a commercial message subject to this Act shall
5maintain a list of all telephone numbers called.
6    (b) A person who makes or causes to be made calls to
7communicate a commercial message subject to this Act shall
8maintain records to sufficiently document any exemption
9claimed under Section 40 of this Act for a period of 24 months
10from the date the call is made.
 
11    (815 ILCS 402/50 new)
12    Sec. 50. Enforcement by residential subscriber.Any
13residential subscriber who receives a call in violation of this
14Act may bring an action for the recovery of damages. In
15addition to actual damages, if any, the subscriber may obtain
16statutory damages in the amount of $500 per violation. No
17action or proceeding may be brought more than one year after
18(1) the person bringing the action knew or should have known of
19the alleged violation or (2) the termination of any proceeding
20or action brought pursuant to Section 35 that arises out of the
21same violation.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.