HB2435eng 104TH GENERAL ASSEMBLY

HB2435 Engrossed LRB104 05988 SPS 16021 b

AN ACT concerning business.

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

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

(815 ILCS 413/5)

Sec. 5. Definitions. For purposes of this Act:

"Automatic telephone dialing system" has the meaning set forth in the Telephone Consumer Protection Act (47 U.S.C. 227). The use of an automatic telephone dialing system also includes sending a message directly to the recipient's voicemail or transmitting an artificial voice to the recipient of a telephone call.

"Caller ID" means the display to the recipient of the call of the caller's telephone number or identity.

"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 (including the 9-8-8 suicide and crisis lifeline), rescue service, the 911 emergency access number provided by law enforcement agencies and police departments.

"Existing business relationship" means a relationship formed by:

(1) a previous purchase, contract, or service agreement between the customer and the caller within the preceding 12 months;

(2) a current subscription, account, membership, or ongoing transaction for goods or services between the customer and the caller; or

(3) an inquiry related to goods or services made by the customer to the caller within the preceding 12 months.

"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.

"Telephone solicitation" means any voice communication through the use of a telephone by live operators for soliciting the sale of goods, or services, or property or wrongfully obtaining anything of value.

(Source: P.A. 95-331, eff. 8-21-07.)

(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.

(a-5) No person shall initiate a telephone solicitation in this State through the use of an automatic telephone dialing system. This subsection applies to all commercial telephone solicitation intended to be received by a telephone customer in this State, unless the person being contacted has expressly consented to be contacted in this manner or has an existing business relationship with the person initiating the telephone solicitation. If a person has previously consented to be contacted in a manner otherwise prohibited by this subsection, the person shall be allowed to withdraw that consent at any time in the same manner that the consent was given. A person to whom consent has been given under this subsection shall not sell, give, transfer, or assign that consent to another person.

The provisions of this subsection shall not apply to calls or alerts: (i) made through an emergency telephone number; (ii) made by a unit of local, State, or federal government; (iii) made by a government official acting in an official capacity; (iv) made by a not-for-profit organization that is exempt from taxation under Section 501 of the Internal Revenue Code; (v) made by a health care provider, office, and facility licensed in this State; (vi) made by a public utility or telecommunications carrier in this State as defined in Section 3-105 of the Public Utilities Act; or (vii) otherwise permitted by State or federal law.

(b) A live operator making a telephone solicitation 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 initiate a telephone solicitation 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; 91-182, eff. 1-1-00.)

(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 solicitations 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 solicitations calls must be made in compliance with the requirements of subsection (c) of Section 15.

(Source: P.A. 91-182, eff. 1-1-00.)

(815 ILCS 413/25)

Sec. 25. Violations.

(a) It is a violation of this Act to make or cause to be made telephone solicitations 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 a violation of this Act to continue with a solicitation placed by a live operator without the consent of the called party.

(c) It is an unlawful act or practice and a violation of this Act for any person engaged in telephone solicitation to obtain or submit for payment a check, draft, or other form of negotiable paper drawn on a person's checking, savings, or other account or on a bond without the person's express written consent.

(d) Enforcement by customer. Any customer injured by a violation of this Act, other than a violation of subsection (a-5) of Section 15, 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's attorney fees. Any person who receives a telephone solicitation in violation of subsection (a-5) of Section 15 may bring an action for damages of $500 for each solicitation received, plus costs and reasonable attorney's fees. Any damages recoverable under this Section are in the alternative to, and not in addition to, any damages that may be recovered under the federal Telephone Consumer Protection Act, 47 U.S.C. 227 et seq.

(e) 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. 91-182, eff. 1-1-00; 91-761, eff. 1-1-01.)