Illinois General Assembly - Full Text of SB2573
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Full Text of SB2573  100th General Assembly


Sen. Dave Syverson

Filed: 4/11/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2573 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Automatic Telephone Dialers Act is amended
5by changing Sections 5, 15, and 30 as follows:
6    (815 ILCS 305/5)  (from Ch. 134, par. 105)
7    Sec. 5. Definitions. For purpose of this Act:
8    (a) "Autodialer" or "Autodialer System" means any
9telephone dialing or accessing device, machine, computer or
10system capable of storing telephone numbers which is programmed
11to sequentially or randomly access the stored telephone numbers
12in order to automatically connect a telephone with a recorded
13message, the term does not include any device associated with a
14burglar alarm system, voice message system or fire alarm
16    (b) "Emergency Telephone Number" means any telephone



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1number which accesses or calls a fire department, law
2enforcement agency, ambulance, hospital, medical center,
3poison control center, rape crisis center, suicide prevention
4center, rescue service, the 911 emergency access number
5provided by law enforcement agencies and police departments.
6    (c) "Recorded Message" means any artificial or recorded
7taped communication that includes or introduces an
8advertisement or constitutes telemarketing soliciting the sale
9of goods or services without live voice interaction.
10    (d) "Voice Messaging System" means any message delivery
11service which utilizes an autodialer to deliver non-commercial
12messages to domestic and international recipients.
13    (e) "Subscriber" means:
14        (1) A person who has subscribed to telephone service
15    from a telephone company; or
16        (2) Other persons living or residing with the
17    subscribing person.
18    (f) "Caller ID" means the display to the recipient of the
19call the caller's telephone number or identity.
20    (g) "Telemarketing" means the initiation of a telephone
21call or message, that is transmitted to any person, for the
22purpose of encouraging the purchase or rental of, or investment
23in, property, goods, or services.
24    (h) "Prior express written consent" has the meaning
25ascribed to that term in 47 CFR 64.1200(f)(8).
26(Source: P.A. 91-182, eff. 1-1-00.)



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1    (815 ILCS 305/15)  (from Ch. 134, par. 115)
2    Sec. 15. Method of operation.
3    (a) No person shall operate an autodialer in this State to
4place a telephone call during the hours between 9 p.m. and 9
6    (b) All autodialers operated within the State of Illinois
7shall disconnect within 30 seconds after termination of the
8call by the subscriber or the autodialer. Where disconnection
9in 30 seconds is technically not feasible, the autodialer shall
10utilize a live operator who shall:
11        (1) state his name, the name, address and telephone
12    number of the business or organization being represented
13    and the purpose of the call; and
14        (2) inquire at the beginning of the call whether the
15    person called consents to hear the prerecorded message.
16    (c) An autodialer shall not be used to dial numbers
17determined by successively increasing or decreasing integers.
18    (d) An autodialer may not be operated in a manner that
19impedes the function of any caller ID when the telephone
20solicitor's service or equipment is capable of allowing the
21display of the solicitor's telephone number, or that provides
22inaccurate caller ID information in violation of 47 U.S.C.
23222(e) and the rules of the Federal Communications Commission
24implementing 47 U.S.C. 222(e).
25(Source: P.A. 91-182, eff. 1-1-00.)



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1    (815 ILCS 305/30)  (from Ch. 134, par. 130)
2    Sec. 30. Violations.
3    (a) It is a violation of this Act to make or cause to be
4made telephone calls utilizing an autodialer to any emergency
5telephone number as defined in Section 5. It is a violation of
6this Act to make or cause to be made telephone calls utilizing
7an autodialer in a manner that does not comply with Section 15.
8    (b) It is a violation of this Act to play a recorded
9prerecorded message placed by an autodialer without the (i)
10prior express written consent of the called party or (ii) the
11prior express written consent of the called party if the call
12is made by or on behalf of a tax-exempt nonprofit organization
13or is a call that delivers a health care message made by, or on
14behalf of, a covered entity or its business associate as those
15terms are defined in the Health Insurance Portability and
16Accountability Act of 1996 at 45 CFR 160.103.
17    (c) Enforcement by customer. Any customer injured by a
18violation of this Act may bring an action for the recovery of
19damages. Judgment may be entered for 3 times the amount at
20which the actual damages are assessed, plus costs and
21reasonable attorney fees.
22    (c-5) In addition to the damages authorized under
23subsection (c), a consumer may obtain statutory damages in the
24amount of $500 per violation.
25    (d) Enforcement by Attorney General. Violation of any of



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1the provisions of this Act is an unlawful practice under
2Section 2Z of the Consumer Fraud and Deceptive Business
3Practices Act. All remedies, penalties and authority granted to
4the Attorney General by that Act shall be available to him for
5the enforcement of this Act. In any action brought by the
6Attorney General to enforce this Act, the court may order that
7persons who incurred actual damages be awarded the amount at
8which actual damages are assessed. In addition to actual
9damages, a court may order that each person who received a call
10in violation of this Act be awarded statutory damages in the
11amount of $500 per violation.
12(Source: P.A. 98-546, eff. 8-26-13.)".