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91_SB0349
LRB9101743SMdvA
1 AN ACT regarding telemarketing.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Telemarketing Registration and Fraud Prevention Act.
6 Section 5. Definitions. As used in this Act, unless the
7 context otherwise requires:
8 "Emergency telephone number" means any telephone number
9 that accesses or calls a fire department, law enforcement
10 agency, ambulance, hospital, medical center, poison control
11 center, rape crisis center, suicide prevention center, rescue
12 service, or the 911 emergency access number provided by law
13 enforcement agencies and police departments.
14 "Investment opportunity" means anything tangible or
15 intangible, that is offered for sale, sold, or traded based
16 wholly or in part on representations, either express or
17 implied, about past, present, or future income, profit, or
18 appreciation.
19 "Person" includes any individual, group of individuals,
20 firm, association, corporation, partnership, joint venture,
21 sole proprietorship, or any other business entity.
22 "Prize" means anything offered or purportedly offered and
23 given or purportedly given to a person by chance.
24 "Prize promotion" means a sweepstakes or other game of
25 chance or an oral or written, express or implied
26 representation that a person has won, has been selected to
27 receive, or is eligible to receive a prize or purported
28 prize.
29 "Seller" means any person who, in connection with a
30 telemarketing transaction, provides, offers to provide, or
31 arranges for others to provide goods or services to the
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1 customer in exchange for consideration.
2 "Solicitation" means a written or oral notification or
3 advertisement that meets any one of the following terms:
4 (1) The notification or advertisement is
5 transmitted by or on behalf of the seller and by any
6 printed, audio, video, cinematic, telephone, or
7 electronic means.
8 (2) In the case of a notification or advertisement
9 other than by telephone, either of the following
10 conditions is met:
11 (A) The notification or advertisement is
12 followed by a telephone call from a telemarketer; or
13 (B) The notification or advertisement invites
14 a response by telephone, and through that response,
15 a telemarketer attempts to make a sale of goods or
16 services.
17 "Telemarketer" means any person who, in connection with
18 telemarketing, initiates telephone calls to or receives
19 telephone calls from a person in this State. "Telemarketer"
20 also means any person located within this State who, in
21 connection with telemarketing, initiates or receives
22 telephone calls. "Telemarketer" includes but is not limited
23 to, any person who is an owner, operator, officer, director,
24 or partner to the management activities of a business.
25 "Telemarketing" means a plan, program, or campaign which
26 is conducted to induce the purchase of goods or services by
27 use of one or more telephones and which involves more than
28 one telephone call. "Telemarketing" may also include the
29 notification of a prize award.
30 Section 10. Exemptions. For purposes of registration
31 under Section 15, "telemarketer" does not include any of the
32 following:
33 (1) Any securities, commodities, or investment brokers,
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1 dealers, or investment advisers or associates of securities,
2 commodities, or investment brokers, dealers, or investment
3 advisers subject to license or registration by the Securities
4 and Exchange Commission, the National Association of
5 Securities Dealers, or any other self regulatory organization
6 as defined by 15 U.S.C. 78l, or by an agency of this State or
7 any other state, who are soliciting within the scope of their
8 license or registration.
9 (2) A person engaged in solicitation for a religious,
10 charitable, political, educational, or other noncommercial
11 purpose or a person soliciting for a domestic or foreign
12 nonprofit corporation that is registered with the Illinois
13 Secretary of State.
14 (3) A business making a sale to another business.
15 (4) A person that solicits sales by periodically
16 publishing and delivering a catalog of the person's
17 merchandise to prospective purchasers, if the catalog:
18 (A) Contains a written description or illustration
19 of each item offered for sale;
20 (B) Includes the business or home address of the
21 person soliciting the sale;
22 (C) Includes at least 20 pages of written material
23 and illustrations;
24 (D) Is distributed in more than one state; and
25 (E) Has a circulation by mailing of not less than
26 150,000.
27 (5) A person who solicits contracts for maintenance or
28 repair of goods previously purchased from that person or from
29 the person on whose behalf the solicitation is made.
30 (6) A person soliciting a transaction regulated by the
31 Commodity Futures Trading Commission if the person is
32 registered or temporarily licensed with the Commodity Futures
33 Trading Commission under the Commodity Exchange Act (7 U.S.C.
34 1 et seq.), and the person's registration or license is not
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1 expired, suspended, or revoked.
2 (7) A supervised financial organization or parent,
3 subsidiary, or affiliate of a supervised financial
4 organization.
5 (8) A person licensed as an insurance producer under
6 Article XXXI of the Illinois Insurance Code.
7 (9) A person soliciting the sale of services provided by
8 a satellite or cable television system authorized by the
9 federal government or this State to provide services in this
10 State.
11 (10) A telephone company or its subsidiary or agent, or
12 other business, regulated by the Illinois public service
13 commission, or a federally licensed cellular telephone or
14 radio telecommunication service provider.
15 (11) A person soliciting business from consumers that
16 have an existing business relationship with or have
17 previously purchased from the business enterprise for which
18 the person is soliciting.
19 (12) A person operating a retail business establishment
20 under the same name as that used in the solicitation:
21 (A) Whose goods or services are displayed and
22 offered for sale at the business establishment; and
23 (B) A majority of whose business involves the
24 consumer obtaining the goods or services at the business
25 establishment.
26 (13) A person soliciting for the sale of a magazine or
27 newspaper of general circulation.
28 (14) An issuer or a subsidiary of an issuer that is
29 authorized to offer securities for sale in this State.
30 (15) A seller who offers:
31 (A) A book, video, record, multimedia club offer,
32 contractual plan, or arrangement along with which the
33 seller provides the consumer with a form the consumer may
34 use to instruct the seller not to ship the offered
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1 merchandise;
2 (B) A book, video, record, multimedia club offer,
3 contractual plan, or arrangement that is regulated by
4 Part 425 of the Federal Trade Commission regulation
5 concerning the use of negative option plans by sellers in
6 commerce (16 CFR 425); or
7 (C) Books, records, videos, multimedia products, or
8 other goods for sale that are not covered by subdivisions
9 (A) or (B) of this item (15), including continuity
10 plans, subscription arrangements, standing order
11 arrangements, single sales, supplements, or series
12 arrangements under which the seller periodically ships
13 merchandise to a consumer who has consented in advance to
14 receive the merchandise on a periodic basis.
15 (16) A real estate salesperson or broker licensed by
16 this State.
17 (17) Any person that has provided telemarketing sales
18 services under the same name as, and derives at least 50% of
19 gross telemarketing sales revenues from contracts with,
20 persons exempted under this Section from registration
21 requirements.
22 (18) A person soliciting the sale of food or food
23 products if the solicitation is not intended to and does not
24 result in a sale in excess of $100 to a single address.
25 Section 15. Registration of telemarketers.
26 (a) No person shall act as a seller or telemarketer
27 without first having registered with the Attorney General.
28 The initial application for registration shall be made at
29 least 60 days prior to offering consumer goods or services
30 and an application for renewal shall be made on an annual
31 basis thereafter.
32 (b) The Attorney General's Office shall charge
33 reasonable application and renewal fees for administration of
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1 the registration requirements pursuant to this Section. All
2 fees collected under this Section shall be deposited in the
3 State Treasury in the special fund known as the
4 Telemarketing Fraud Enforcement Fund and shall be used only
5 for the purposes described in Section 70. The certificate of
6 registration or registration renewal shall expire one year
7 after the date on which it is issued. The application and
8 renewal fees and process shall be established through the
9 promulgation of a rule.
10 (c) The application for a certificate of registration
11 or renewal shall include, but not be limited to, the
12 following information:
13 (1) The true name, date of birth, driver's license
14 number, social security number or tax identification
15 number, business address, and home address of the
16 applicant (post office boxes or commercial mail receiving
17 agencies are not permitted), including each name under
18 which the applicant intends to engage in telephone
19 solicitations.
20 (2) Each business or occupation engaged in by the
21 applicant during the 2 years immediately preceding the
22 date of the application, and the location of each such
23 business or occupation.
24 (3) Whether, in a court of competent jurisdiction
25 in this State, any other state, or the United States, any
26 principal or manager has been convicted of, has pleaded
27 guilty to, has entered a plea of no contest for, or is
28 being prosecuted by indictment or information for
29 racketeering, any violation of state or federal
30 securities law, or a theft offense.
31 (4) Whether, in any jurisdiction, there has been
32 entered against the applicant an injunction, a temporary
33 restraining order, or a final judgment or order,
34 including an agreed judgment or order, an assurance of
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1 voluntary compliance, or any similar instrument, in any
2 civil or administrative action involving fraud, theft,
3 racketeering, embezzlement, fraudulent conversion,
4 misappropriation of property, or any consumer protection
5 law or telemarketing law, or if there is any pending
6 litigation against the applicant involving these matters.
7 (5) Whether, in any jurisdiction, the applicant has
8 been arrested for, has been convicted of, has pleaded
9 guilty to, has entered a plea of no contest to, or is
10 being prosecuted by indictment or information for a
11 felony and, if so, the nature of the felony.
12 (6) Whether in a court of competent jurisdiction of
13 this State, any other state, or the United States, the
14 applicant has been convicted of, has pleaded guilty to,
15 has entered a plea of no contest for, or is being
16 prosecuted by indictment or information for engaging in a
17 pattern of corrupt activity, racketeering, a violation of
18 federal or state securities law, or a theft offense as
19 defined in Section 16-1 of the Criminal Code of 1961 or
20 in similar law of any other state or the United States.
21 (7) Whether the applicant, at any time during the
22 previous 7 years, has filed for bankruptcy, been adjudged
23 bankrupt, or been reorganized because of insolvency.
24 (8) The true name, current home address, date of
25 birth, social security number, and all others by which
26 known or previously known, of each of the following:
27 (A) Each principal officer, director, owner,
28 or partner of the applicant, and each other person
29 participating in or responsible for the management
30 of the applicant's business.
31 (B) Each office manager or other person
32 principally responsible for each location from which
33 the applicant will do business.
34 (9) The name and address of every institution where
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1 banking or any other monetary transactions are done by
2 the seller.
3 (10) A copy of all scripts, outlines, or
4 presentation material the applicant will require or
5 suggest be used by a salesperson when soliciting as well
6 as all sales information to be provided by the applicant
7 to a purchaser in connection with any solicitation.
8 Section 20. Surety bond.
9 (a) No person shall act as a telemarketer without
10 having first obtained a surety bond issued by a surety
11 company that holds a certificate of authority to do business
12 in this State issued by the Department of Insurance under the
13 Illinois Insurance Code. With regard to the surety bond, the
14 following conditions must be met before a person may act as a
15 telemarketer:
16 (1) A copy of the bond must be filed with the
17 Attorney General.
18 (2) The bond must be in favor of any person, and of
19 the State for the benefit of any person, that is injured
20 by violation of this Act or a rule adopted under this
21 Act.
22 (3) The bond must be in the amount of $100,000.
23 (4) The bond must be maintained and in effect for
24 at least 2 years after the date on which the telemarketer
25 ceases to engage in telephone solicitations.
26 (b) Any person making a claim against the bond for
27 violation of any provision of this Act or rule adopted under
28 this Act may maintain a civil action against the telemarketer
29 and the surety company. The surety company is liable only
30 for damages awarded under Section 65 and is not liable for
31 attorney's fees awarded under Section 65. The aggregate
32 liability of the surety company to all persons injured by a
33 telemarketer's violation of this Act shall not exceed the
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1 amount of the bond.
2 (c) The registration of any telemarketer shall be void
3 upon termination of the bond of the surety company or loss of
4 the bond unless, prior to such termination, a new bond has
5 been filed with the Attorney General's Office. The surety,
6 for any cause, may cancel the bond upon giving a 60 day
7 written notice to the telemarketer and to the Attorney
8 General. Unless the bond is replaced by that of another
9 surety before the expiration of the 60 day notice of
10 cancellation, the registration of the telemarketer shall be
11 treated as lapsed. For 2 years after the cancellation takes
12 effect, a person may make a claim against the bond for a
13 violation that occurred while the bond was in effect.
14 (d) Any business required under this Act to file a bond
15 with a registration application may file, in lieu of the
16 bond, a certificate of deposit, in cash or government bond,
17 in the amount of $100,000.
18 (e) The Attorney General shall hold the cash,
19 certificate of deposit, or government bond for 2 years from
20 the period the telemarketing business ceases to operate or
21 registration lapses in order to pay out claims made against
22 the telemarketing business during its period of operation.
23 Section 25. Record keeping requirements.
24 (a) Any telemarketer shall keep, for a period of 24
25 months from the date the record is produced, records of all
26 financial transactions, written notice, disclosures, and
27 acknowledgments, including but not limited to:
28 (1) One of each advertisement, brochure, and other
29 promotional materials.
30 (2) The name and last known address of each prize
31 recipient and the prize awarded.
32 (3) The name and last known address of each
33 customer, the goods or services purchased, the date such
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1 goods or services were shipped or provided, and the
2 amount paid by the customer for the goods or services.
3 (4) The name, last known home address, telephone
4 number, and job title for all current and former
5 employees directly involved in telephone sales.
6 (5) All written authorizations required to be
7 provided or received under this Act.
8 (6) A copy of all scripts, outlines, or
9 presentation material the seller will require the
10 telemarketer to use when soliciting, as well as all sales
11 information to be provided by the seller to a purchaser
12 in connection with any solicitation.
13 (b) In the event of any dissolution or termination of
14 the telemarketer's business, the principal of that
15 telemarketer shall maintain all records as required under
16 this Section. In the event of any sale, assignment, or other
17 change in ownership of the seller's business, the purchaser
18 shall maintain all records required under this Section.
19 Section 30. Mandatory disclosures.
20 (a) Within the first 60 seconds of a telephone call and
21 prior to any sales pitch, request for financial or payment
22 information, or conveyance of prize information, a
23 telemarketer shall:
24 (1) State the true identity of the telemarketer and
25 the name of the company on whose behalf the solicitation
26 is being made.
27 (2) State that the purpose is to sell goods or
28 services.
29 (3) Identify the goods or services being sold.
30 (4) Inquire whether the person called consents to
31 the solicitation.
32 (b) Before a consumer pays for the goods or services
33 offered for sale or provides any financial or payment
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1 information to a telemarketer, the telemarketer shall
2 disclose, clearly and conspicuously, the following material
3 information:
4 (1) The total cost to purchase, receive, or use the
5 consumer goods or services that are the subject of the
6 telemarketing communication.
7 (2) The quantity of the consumer goods that are the
8 subject of the telemarketing solicitation.
9 (3) All material restrictions, limitations, or
10 conditions to purchase, receive, or use the consumer
11 goods or services that are the subject of the
12 telemarketing solicitation.
13 (4) All material aspects of the performance,
14 quality, efficacy, nature, or basic characteristics of
15 the consumer goods or services that are the subject of
16 the telemarketing solicitation.
17 (5) All material aspects of the nature or terms of
18 the telemarketer's refund, cancellation, exchange, or
19 repurchase policies.
20 (6) All material aspects of any investment
21 opportunity being offered, including, but not limited to,
22 a description of the following factors:
23 (A) Risk.
24 (B) Liquidity.
25 (C) Earnings potential.
26 (D) Profitability.
27 (E) Benefits.
28 (F) If applicable, the value, price, and
29 location of any real or personal property that the
30 consumer will acquire by investing.
31 (7) All material aspects of a prize promotion,
32 disclosed prior to requesting the consumer to enter into
33 a sale or lease, including, but not limited to, the
34 following:
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1 (A) A description of the prize or prizes.
2 (B) A statement of the market value of the
3 prize or prizes.
4 (C) A clear identification of the person or
5 entity on whose behalf the contest or promotion is
6 conducted.
7 (D) A statement of all material conditions to
8 receive or redeem the prize.
9 (E) The odds of receiving a prize, and if the
10 odds are not calculable in advance, the factors and
11 methods used in calculating the odds.
12 (F) The actual number of each prize to be
13 awarded or given.
14 (G) A clear statement that the consumer is not
15 required to make any purchase to win a prize or
16 participate in the prize promotion, including a
17 statement that the consumer is not required to pay
18 any shipping or handling costs.
19 (H) A clear explanation of the
20 no-purchase/no-payment method of participating in
21 the prize promotion.
22 Section 35. Do not call list. It is an unlawful act or
23 practice and violation of this Act for any telemarketer to
24 initiate a telephone solicitation to a consumer who
25 previously has requested the telemarketer to refrain from
26 calling the consumer. Compliance with Section 310.4(b) of
27 the Federal Trade Commission's Telemarketing Sales Rule shall
28 constitute compliance with this Section.
29 Section 40. Written confirmation.
30 (a) Except as provided in subsection (e), the
31 telemarketer shall furnish the consumer, in the same language
32 as that principally used in the sales presentation, a written
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1 contract to be returned to the seller with the consumer's
2 signature.
3 (b) The contract furnished under subsection (a) shall
4 be in duplicate, and contain, in at least 12-point, bold face
5 type, the following information:
6 (1) The name, address, and telephone number of the
7 telemarketer or seller.
8 (2) The total price of the goods or services
9 offered.
10 (3) A detailed description of the consumer goods or
11 services offered, which shall match the oral description
12 given in the telemarketing solicitation.
13 (4) Any oral or written representations made during
14 the telemarketing solicitation.
15 (5) A statement that reads "You are not obligated
16 to pay any money unless you sign this contract and return
17 it to the seller."
18 (c) A telemarketing solicitation shall only be
19 considered final after the consumer returns a signed, written
20 contract.
21 (d) If the seller makes the goods available prior to
22 receipt of the signed contract from the consumer, the
23 consumer may retain or dispose of the goods without any
24 further liability.
25 (e) A signed, written contract is not required if the
26 solicitation is regulated by other laws of the State.
27 Section 45. Acts and practices not covered under this
28 Act. The following acts and practices are not covered under
29 this Act:
30 (1) Telephone calls in which the sale of goods or
31 services is not completed, and payment or authorization of
32 payment is not required, until after a face-to-face
33 presentation by the telemarketer.
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1 (2) Telephone calls initiated by a customer that are not
2 the result of any telephone solicitation by a telemarketer.
3 (3) Telephone calls made by an autodialer as defined in
4 the Automatic Telephone Dialers Act.
5 Section 50. Unlawful acts or practices.
6 (a) It is an unlawful act or practice and a violation of
7 this Act for any telemarketer to engage in the following
8 conduct:
9 (1) To obtain a certificate of registration or
10 registration renewal through any false or fraudulent
11 representation or make any material misrepresentation in
12 any registration or registration renewal application.
13 (2) To fail to maintain a valid certificate of
14 registration or registration renewal.
15 (3) To provide inaccurate or incomplete information
16 to the Attorney General when making an application for a
17 certificate of registration or registration renewal.
18 (4) To misrepresent that a person is registered or
19 that a person has a valid certificate number.
20 (5) To misrepresent, directly or by implication,
21 any of the following information:
22 (A) The total cost to purchase, receive, or
23 use, and the quantity of, any goods or services that
24 are the subject of a solicitation.
25 (B) A material restriction, limitation, or
26 condition to purchase, receive, or use goods or
27 services that are the subject of a solicitation.
28 (C) A material aspect of the performance,
29 efficacy, nature, or characteristics of goods or
30 services that are the subject of a solicitation.
31 (D) A material aspect of the nature or terms
32 of the telemarketer's refund, cancellation,
33 exchange, or repurchase policies.
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1 (E) A material aspect of a prize promotion,
2 including, but not limited to, the odds of being
3 able to receive a prize, the nature of a prize, the
4 actual number of each prize to be awarded or given,
5 or that a purchase or payment of any kind is
6 required to win a prize or participate in a prize
7 promotion.
8 (F) A material aspect of an investment
9 opportunity, including, but not limited to, risk,
10 liquidity, earnings potential, or profitability.
11 (G) The telemarketer's affiliation with or
12 endorsement by any government or third-party
13 organization.
14 (6) To make a false or misleading statement to
15 induce a consumer to pay for goods or services.
16 (7) To fail to discontinue a solicitation after a
17 consumer has expressed the desire to not continue the
18 solicitation.
19 (8) To fail to notify the Attorney General within
20 15 days if, in a court of competent jurisdiction of this
21 State or any other state or the United States, the
22 telemarketer is convicted of, pleads guilty to, or enters
23 a plea of no contest for a felony, engaging in a pattern
24 of corrupt activity, racketeering, a violation of federal
25 or state securities law, or a theft offense.
26 (9) To advertise or represent that registration as
27 a telemarketer is an endorsement or approval by the State
28 or any governmental agency of the State.
29 (10) To request or receive payment of any fee or
30 consideration for goods or services represented to remove
31 derogatory information from or improve a person's credit
32 history, credit record, or credit rating until:
33 (A) The time frame in which the telemarketer
34 has represented all of the goods or services will be
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1 provided to that person has expired; and
2 (B) The telemarketer has provided the person
3 with documentation in the form of a consumer report
4 from a consumer reporting agency demonstrating that
5 the promised results have been achieved, such report
6 having been issued more than 6 months after the
7 results were achieved.
8 (11) Obtain or submit for payment a check, draft,
9 or other form of negotiable paper drawn on a person's
10 checking, savings, bond, or other account without the
11 consumer's express written authorization.
12 (12) To procure the services of any professional
13 delivery, courier, or other pick-up service to obtain
14 immediate receipt and possession of a consumer's payment
15 unless:
16 (A) Such service is requested by the consumer;
17 and
18 (B) The consumer is actually afforded an
19 opportunity to inspect the goods or services prior
20 to payment.
21 (13) To request or receive payment in advance from
22 a person to recover or otherwise aid in the return of
23 money or any other item lost by the consumer in a prior
24 telemarketing transaction.
25 (14) To misrepresent the requirements of this
26 Section.
27 (15) To assist, support, or provide substantial
28 assistance to any telemarketer when the seller knows or
29 should know that the telemarketer is engaged in any act
30 or practice which violates this Section or Section 30.
31 (16) To make or cause to be made a telephone call
32 to any emergency telephone number.
33 Section 55. Abusive acts and practices unlawful under
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1 this Act. It is an abusive telemarketing act or practice and
2 a violation of this Act for any telemarketer to engage in the
3 following conduct:
4 (1) Threaten, intimidate, or use profane or obscene
5 language.
6 (2) Engage any person repeatedly or continuously
7 with behavior a reasonable person would deem to be
8 annoying, abusive, or harassing.
9 (3) Initiate an outbound telephone call to a person
10 when that person previously has stated that he or she
11 does not wish to receive an outbound telephone call made
12 on behalf of the telemarketer whose goods or services are
13 being offered.
14 (4) Engage in telemarketing to a person's residence
15 at any time other than between 8 a.m. and 9 p.m. local
16 time, Monday through Sunday, at the called person's
17 location.
18 Section 60. Enforcement by Attorney General. Violation
19 of any of the provisions of this Act is an unlawful practice
20 under the Consumer Fraud and Deceptive Business Practices
21 Act. All remedies, penalties, and authority granted to the
22 Attorney General by that Act shall be available to him for
23 the enforcement of this Act.
24 Section 65. Criminal penalties. A knowing violation of
25 Section 15, 20, 25, 30, 35, 40, 50, or 55 is a Class 4
26 felony.
27 Section 70. Private right of action.
28 (a) Any person who suffers actual damages as a result
29 of a violation of this Act committed by any other person may
30 bring an action against that person. The court, in its
31 discretion, may award actual economic damages or any other
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1 relief which the court deems proper.
2 (b) Such action may be commenced in the county in which
3 the person against whom it is brought resides, has his
4 principal place of business, or is doing business, or in the
5 county where the transaction or any substantial portion of
6 the transaction occurred.
7 (c) In any action brought by a person under this
8 Section, the court may grant injunctive relief where
9 appropriate and may award, in addition to the relief provided
10 in this Section, reasonable attorney's fees and costs to the
11 prevailing party.
12 (d) Upon commencement of any action brought under this
13 Section, the plaintiff shall mail a copy of the complaint or
14 other initial pleading to the Attorney General and, upon
15 entry of any judgment or order in the action, shall mail a
16 copy of the judgment or order to the Attorney General.
17 (e) Any action for damages under this Section shall be
18 forever barred unless commenced within 3 years after the
19 cause of action accrued; provided that, whenever any action
20 is brought by the Attorney General or a State's Attorney for
21 a violation of this Act, the running of the statute of
22 limitations, with respect to every private right of action
23 for damages which is based in whole or in part on any matter
24 complained of in the action by the Attorney General or
25 State's Attorney, shall be suspended during the pendency of
26 the action, and for one year thereafter.
27 Section 75. Telemarketing Fraud Enforcement Fund. There
28 is hereby created in the State Treasury the Attorney General
29 Telemarketing Fraud Enforcement Fund. The State Treasurer
30 shall deposit in the fund registration fees paid pursuant to
31 this Act. The Attorney General shall use the monies in the
32 fund for the administration and enforcement of the program of
33 registration established in this Act and also for educational
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1 activities that advance the purposes of this Act.
2 Section 80. Rules. The Attorney General may promulgate
3 any rules necessary to implement this Act, which rules shall
4 have the force of law.
5 Section 85. Construction of Act. This Act shall be
6 liberally construed to effect its purposes.
7 Section 905. The State Finance Act is amended by adding
8 Section 5.490 as follows:
9 (30 ILCS 105/5.490 new)
10 Sec. 5.490. The Attorney General Telemarketing Fraud
11 Enforcement Fund.
12 (815 ILCS 413/Act rep.)
13 Section 910. The Telephone Solicitations Act is
14 repealed.