HB0098 102ND GENERAL ASSEMBLY

LRB102 04049 KTG 14065 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0098

Introduced 1/14/2021, by Rep. Jonathan Carroll

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2WWW new

Amends the Consumer Fraud and Deceptive Practices Act. Provides that a person commits an unlawful practice when he or she, in connection with any telecommunications service or voice over Internet protocol (VoIP) service, knowingly causes any caller identification service to transmit misleading or inaccurate caller identification information with the intent to deceive, defraud, mislead, harass, cause emotional distress, or wrongfully obtain anything of value. Provides exemptions.

A BILL FOR

AN ACT concerning business.

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

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2WWW as follows:

(815 ILCS 505/2WWW new)

Sec. 2WWW. Misleading caller identification.

(a) It is an unlawful practice to, in connection with any telecommunications service or voice over Internet protocol (VoIP) service, knowingly cause any caller identification service to transmit misleading or inaccurate caller identification information with the intent to deceive, defraud, mislead, harass, cause emotional distress, or wrongfully obtain anything of value.

(b) As used in this Section:

"Caller identification information" means the name, telephone number, or other identifying data of the person or entity originating a call using a telecommunications service or VoIP service.

"Caller identification service" means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or VoIP service. "Caller identification service" includes automatic number identification services.

(c) This Section does not apply to:

(1) any blocking of caller identification information;

(2) any authorized activity of a municipal, State, or federal law enforcement agency;

(3) any authorized activity of a federal intelligence or security agency; or

(4) any duly authorized process server that is used in connection with a civil, criminal, administrative, or arbitral proceeding, including the service of process, investigation in anticipation of litigation, the execution or enforcement of judgments, or compliance with the orders of any court.