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


Sen. Dave Syverson

Filed: 4/20/2018





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



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



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1(Source: P.A. 91-182, eff. 1-1-00.)
2    (815 ILCS 305/15)  (from Ch. 134, par. 115)
3    Sec. 15. Method of operation.
4    (a) No person shall operate an autodialer in this State to
5place a telephone call during the hours between 9 p.m. and 9
7    (b) All autodialers operated within the State of Illinois
8shall disconnect within 30 seconds after termination of the
9call by the subscriber or the autodialer. Where disconnection
10in 30 seconds is technically not feasible, the autodialer shall
11utilize a live operator who shall:
12        (1) state his name, the name, address and telephone
13    number of the business or organization being represented
14    and the purpose of the call; and
15        (2) inquire at the beginning of the call whether the
16    person called consents to hear the prerecorded message.
17    (c) An autodialer shall not be used to dial numbers
18determined by successively increasing or decreasing integers.
19    (d) An autodialer may not be operated in a manner that
20impedes the function of any caller ID when the telephone
21solicitor's service or equipment is capable of allowing the
22display of the solicitor's telephone number, or that provides
23inaccurate caller ID information in violation of 47 U.S.C.
24222(e) and the rules of the Federal Communications Commission
25implementing 47 U.S.C. 222(e).



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1(Source: P.A. 91-182, eff. 1-1-00.)
2    (815 ILCS 305/30)  (from Ch. 134, par. 130)
3    Sec. 30. Violations.
4    (a) It is a violation of this Act to make or cause to be
5made telephone calls utilizing an autodialer to any emergency
6telephone number as defined in Section 5. It is a violation of
7this Act to make or cause to be made telephone calls utilizing
8an autodialer in a manner that does not comply with Section 15.
9    (b) It is a violation of this Act to play a prerecorded
10message placed by an autodialer without the (i) prior express
11written consent of the called party or (ii) prior express
12written consent if the call delivers a health care message made
13by, or on behalf of, a covered entity or its business associate
14as those terms are defined in the Health Insurance Portability
15and Accountability Act of 1996 at 45 CFR 160.103.
16    (c) Enforcement by customer. Any customer injured by a
17violation of this Act may bring an action for the recovery of
18damages. Judgment may be entered for 3 times the amount at
19which the actual damages are assessed, plus costs and
20reasonable attorney fees.
21    (c-5) In addition to the damages authorized under
22subsection (c), a consumer may obtain statutory damages in the
23amount of $500 per violation.
24    (d) Enforcement by Attorney General. Violation of any of
25the provisions of this Act is an unlawful practice under



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