State of Illinois
91st General Assembly

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SB349 Engrossed                               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
SB349 Engrossed             -2-               LRB9101743SMdvA
 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.  "Telemarketing"  does  not
30    include political fundraising.

31        Section  10.   Exemptions.   For purposes of registration
32    and bonding under Sections 15 and 20, "telemarketer" does not
33    include any of the following:
SB349 Engrossed             -3-               LRB9101743SMdvA
 1        (1)  Any securities, commodities, or investment  brokers,
 2    dealers,  or investment advisers or associates of securities,
 3    commodities, or investment brokers,  dealers,  or  investment
 4    advisers subject to license or registration by the Securities
 5    and   Exchange   Commission,   the  National  Association  of
 6    Securities Dealers, or any other self regulatory organization
 7    as defined by 15 U.S.C. 78l, or by an agency of this State or
 8    any other state, who are soliciting within the scope of their
 9    license or registration.
10        (2)  A person engaged in solicitation  for  a  religious,
11    charitable,  political,  educational,  or other noncommercial
12    purpose; a  person  soliciting  for  a  domestic  or  foreign
13    nonprofit  corporation  that  is registered with the Illinois
14    Secretary of State; or the Illinois Attorney General's Office
15    under the Charitable Trust Act.
16        (3)  A business making a sale to another business.
17        (4)  A  person  that  solicits  sales   by   periodically
18    publishing   and   delivering   a  catalog  of  the  person's
19    merchandise to prospective purchasers, if the catalog:
20             (A)  Contains a written description or  illustration
21        of each item offered for sale; and
22             (B)  Includes  the  business  or home address of the
23        person soliciting the sale.
24        (5)  A person who solicits contracts for  maintenance  or
25    repair of goods previously purchased from that person or from
26    the person on whose behalf the solicitation is made.
27        (6)  A  person  soliciting a transaction regulated by the
28    Commodity  Futures  Trading  Commission  if  the  person   is
29    registered or temporarily licensed with the Commodity Futures
30    Trading Commission under the Commodity Exchange Act (7 U.S.C.
31    1  et  seq.), and the person's registration or license is not
32    expired, suspended, or revoked.
33        (7)  A  supervised  financial  organization  or   parent,
34    subsidiary,   or   affiliate   of   a   supervised  financial
SB349 Engrossed             -4-               LRB9101743SMdvA
 1    organization, or a licensee under  the  Consumer  Installment
 2    Loan Act.
 3        (8)  A  person  licensed  as  an insurance producer under
 4    Article XXXI of the Illinois Insurance Code.
 5        (9)  An insurance company  licensed  under  the  Illinois
 6    Insurance Code.
 7        (10)  A  person  soliciting the sale of services provided
 8    by a satellite or cable television system authorized  by  the
 9    federal  government or this State to provide services in this
10    State.
11        (11)  A telecommunications carrier or its  subsidiary  or
12    agent,  or other business, regulated by the Illinois Commerce
13    Commission under Article XIII of the  Public  Utilities  Act,
14    including  but not limited to a telecommunications carrier as
15    defined at Section 13-202 of  the  Public  Utilities  Act;  a
16    federally  licensed cellular telephone service partner or its
17    agents; or a radio telecommunication service provider.
18        (12)  A person soliciting business  from  consumers  that
19    have   an   existing   business  relationship  with  or  have
20    previously purchased from the business enterprise  for  which
21    the person is soliciting.
22        (13)  A  person operating a retail business establishment
23    under the same name as that used in the solicitation:
24             (A)  Whose  goods  or  services  are  displayed  and
25        offered for sale at the business establishment; and
26             (B)  A  majority  of  whose  business  involves  the
27        consumer obtaining the goods or services at the  business
28        establishment.
29        (14)  A  person  soliciting for the sale of a magazine or
30    newspaper of general circulation.
31        (15)  An issuer or a subsidiary  of  an  issuer  that  is
32    authorized to offer securities for sale in this State.
33        (16)  A seller who offers:
34             (A)  A  book,  video, record, multimedia club offer,
SB349 Engrossed             -5-               LRB9101743SMdvA
 1        contractual plan, or arrangement  along  with  which  the
 2        seller provides the consumer with a form the consumer may
 3        use  to  instruct  the  seller  not  to  ship the offered
 4        merchandise;
 5             (B)  A book, video, record, multimedia  club  offer,
 6        contractual  plan,  or  arrangement  that is regulated by
 7        Part 425  of  the  Federal  Trade  Commission  regulation
 8        concerning the use of negative option plans by sellers in
 9        commerce (16 CFR 425); or
10             (C)  Books, records, videos, multimedia products, or
11        other goods for sale that are not covered by subdivisions
12        (A) or (B) of this item (16), including continuity plans,
13        subscription  arrangements,  standing order arrangements,
14        single sales, supplements, or series  arrangements  under
15        which  the  seller  periodically  ships  merchandise to a
16        consumer who has consented  in  advance  to  receive  the
17        merchandise on a periodic basis.
18        (17)  A  real  estate  salesperson  or broker licensed by
19    this State.
20        (18)  Any person that has  provided  telemarketing  sales
21    services  under  the  same  business  name as, and derives at
22    least  50%  of  gross  telemarketing  sales   revenues   from
23    contracts  with,  persons  exempted  under  this Section from
24    registration requirements.
25        (19)  A person  soliciting  the  sale  of  food  or  food
26    products  if the solicitation is not intended to and does not
27    result in a sale in excess of $100 to a single address.
28        (20)  A public utility or its subsidiary,  affiliate,  or
29    agent,  or  other business regulated by the Illinois Commerce
30    Commission under the Public Utilities Act.

31        Section 15.  Registration of telemarketers.
32        (a)   No person shall act as  a  seller  or  telemarketer
33    without  first  having  registered with the Attorney General.
SB349 Engrossed             -6-               LRB9101743SMdvA
 1    The initial application for registration  shall  be  made  at
 2    least  60  days  prior to offering consumer goods or services
 3    and an application for renewal shall be  made  on  an  annual
 4    basis thereafter.
 5        (b)     The   Attorney   General's  Office  shall  charge
 6    reasonable application and renewal fees for administration of
 7    the registration requirements pursuant to this Section.   All
 8    fees  collected  under this Section shall be deposited in the
 9    State  Treasury   in  the   special   fund   known   as   the
10    Telemarketing  Fraud  Enforcement Fund and shall be used only
11    for the purposes described in Section 75.  The certificate of
12    registration or registration renewal shall  expire  one  year
13    after  the  date  on which it is issued.  The application and
14    renewal fees and process shall  be  established  through  the
15    promulgation   of   a   rule   pursuant   to   the   Illinois
16    Administrative Procedure Act.
17        (c)    The  application for a certificate of registration
18    or  renewal  shall  include,  but  not  be  limited  to,  the
19    following information:
20             (1)  The true name, date of birth, driver's  license
21        number,  social  security  number  or  tax identification
22        number,  business  address,  and  home  address  of   the
23        applicant (post office boxes or commercial mail receiving
24        agencies  are  not  permitted), including each name under
25        which  the  applicant  intends  to  engage  in  telephone
26        solicitations.
27             (2)  Each business or occupation engaged in  by  the
28        applicant  during  the  2 years immediately preceding the
29        date of the application, and the location  of  each  such
30        business or occupation.
31             (3)  Whether,  in  a court of competent jurisdiction
32        in this State, any other state, or the United States, any
33        principal or manager has been convicted of,  has  pleaded
34        guilty  to,  has  entered a plea of no contest for, or is
SB349 Engrossed             -7-               LRB9101743SMdvA
 1        being  prosecuted  by  indictment  or   information   for
 2        racketeering,   any   violation   of   state  or  federal
 3        securities law, or a theft offense.
 4             (4)  Whether, in any jurisdiction,  there  has  been
 5        entered  against the applicant an injunction, a temporary
 6        restraining  order,  or  a  final  judgment   or   order,
 7        including  an  agreed  judgment or order, an assurance of
 8        voluntary compliance, or any similar instrument,  in  any
 9        civil  or  administrative  action involving fraud, theft,
10        racketeering,   embezzlement,   fraudulent    conversion,
11        misappropriation  of property, or any consumer protection
12        law or telemarketing law, or  if  there  is  any  pending
13        litigation against the applicant involving these matters.
14             (5)  Whether, in any jurisdiction, the applicant has
15        been  arrested  for,  has  been convicted of, has pleaded
16        guilty to, has entered a plea of no  contest  to,  or  is
17        being  prosecuted  by  indictment  or  information  for a
18        felony and, if so, the nature of the felony.
19             (6)  Whether in a court of competent jurisdiction of
20        this State, any other state, or the  United  States,  the
21        applicant  has  been convicted of, has pleaded guilty to,
22        has entered a  plea  of  no  contest  for,  or  is  being
23        prosecuted by indictment or information for engaging in a
24        pattern of corrupt activity, racketeering, a violation of
25        federal  or  state  securities law, or a theft offense as
26        defined in Section 16-1 of the Criminal Code of  1961  or
27        in similar law of any other state or the United States.
28             (7)  Whether  the  applicant, at any time during the
29        previous 7 years, has filed for bankruptcy, been adjudged
30        bankrupt, or been reorganized because of insolvency.
31             (8)  The true name, current home  address,  date  of
32        birth,  social  security  number, and all others by which
33        known or previously known, of each of the following:
34                  (A)  Each principal officer,  director,  owner,
SB349 Engrossed             -8-               LRB9101743SMdvA
 1             or  partner  of the applicant, and each other person
 2             participating in or responsible for  the  management
 3             of the applicant's business.
 4                  (B)  Each   office   manager  or  other  person
 5             principally responsible for each location from which
 6             the applicant will do business.
 7             (9)  The name and address of every institution where
 8        banking or any other monetary transactions  are  done  by
 9        the seller.
10             (10)  A   copy   of   all   scripts,   outlines,  or
11        presentation  material  the  applicant  will  require  or
12        suggest be used by a salesperson when soliciting as  well
13        as  all sales information to be provided by the applicant
14        to a purchaser in connection with any solicitation.

15        Section 20.  Surety bond.
16        (a)  No person shall act as a telemarketer without having
17    first obtained a surety bond issued by a surety company  that
18    holds a certificate of authority to do business in this State
19    issued  by  the  Department  of  Insurance under the Illinois
20    Insurance  Code.   With  regard  to  the  surety  bond,   the
21    following conditions must be met before a person may act as a
22    telemarketer:
23             (1)  A  copy  of  the  bond  must  be filed with the
24        Attorney General.
25             (2)  The bond must be in favor of any person, and of
26        the State for the benefit of any person, that is  injured
27        by violation of this Act or a rule adopted under this Act
28        pursuant to the Illinois Administrative Procedure Act.
29             (3)  The bond must be in the amount of $100,000.
30             (4)  The  bond  must be maintained and in effect for
31        at least 2 years after the date on which the telemarketer
32        ceases to engage in telephone solicitations.
33        (b)  Any person making  a  claim  against  the  bond  for
SB349 Engrossed             -9-               LRB9101743SMdvA
 1    violation  of any provision of this Act or rule adopted under
 2    this Act may maintain a civil action against the telemarketer
 3    and the surety company.  The surety company  is  liable  only
 4    for  damages  awarded  under Section 70 and is not liable for
 5    attorney's fees awarded  under  Section  70.   The  aggregate
 6    liability  of  the surety company to all persons injured by a
 7    telemarketer's violation of this Act  shall  not  exceed  the
 8    amount of the bond.
 9        (c)  The  registration  of any telemarketer shall be void
10    upon termination of the bond of the surety company or loss of
11    the bond unless, prior to such termination, a  new  bond  has
12    been  filed  with the Attorney General's Office.  The surety,
13    for any cause, may cancel the  bond  upon  giving  a  60  day
14    written  notice  to  the  telemarketer  and  to  the Attorney
15    General.  Unless the bond is  replaced  by  that  of  another
16    surety  before  the  expiration  of  the  60  day  notice  of
17    cancellation,  the  registration of the telemarketer shall be
18    treated as lapsed.  For 2 years after the cancellation  takes
19    effect,  a  person  may  make  a claim against the bond for a
20    violation that occurred while the bond was in effect.
21        (d)  Any person required under this Act to  file  a  bond
22    with  a  registration  application  may  file, in lieu of the
23    bond, a certificate of deposit, in cash or  government  bond,
24    in the amount of $100,000.
25        (e)  The   Attorney   General   shall   hold   the  cash,
26    certificate of deposit, or government bond for 2  years  from
27    the  period  the  telemarketing business ceases to operate or
28    registration lapses in order to pay out claims  made  against
29    the telemarketing business during its period of operation.

30        Section 25.  Record keeping requirements.
31        (a)  Any  telemarketer  shall  keep,  for  a period of 24
32    months from the date the record is  produced,  the  following
33    records:
SB349 Engrossed             -10-              LRB9101743SMdvA
 1             (1)  All   substantially  different  advertisements,
 2        brochures, and other promotional materials.
 3             (2)  The name and last known address of  each  prize
 4        recipient  and  the  prize  awarded  for  prizes that are
 5        represented to have a value of $25 or more.
 6             (3)  The  name  and  last  known  address  of   each
 7        consumer,  the goods or services purchased, the date such
 8        goods or services  were  shipped  or  provided,  and  the
 9        amount paid by the consumer for the goods or services.
10             (4)  The  name,  last  known home address, telephone
11        number,  and  job  title  for  all  current  and   former
12        employees directly involved in telephone sales.
13             (5)  All   written   confirmations  required  to  be
14        provided or received under this Act.
15        (b)  In the event of any dissolution  or  termination  of
16    the   telemarketer's   business,   the   principal   of  that
17    telemarketer shall maintain all  records  as  required  under
18    this Section.  In the event of any sale, assignment, or other
19    change  in  ownership of the seller's business, the purchaser
20    shall maintain all records required under this Section.

21        Section 30.  Mandatory disclosures.
22        (a)  The telemarketer shall disclose promptly  and  in  a
23    clear and conspicuous manner to a consumer during a telephone
24    solicitation:
25             (1)  The identity of the seller.
26             (2)  That  the  purpose of the call is to sell goods
27        or services.
28             (3)  The nature of the goods or services.
29        (b)  Before a consumer pays for  the  goods  or  services
30    offered  for  sale  or  provides  any  financial  or  payment
31    information   to   a  telemarketer,  the  telemarketer  shall
32    disclose, clearly and conspicuously, the  following  material
33    information:
SB349 Engrossed             -11-              LRB9101743SMdvA
 1             (1)  The total cost to purchase, receive, or use the
 2        consumer  goods  or  services that are the subject of the
 3        telemarketing communication.
 4             (2)  The quantity of the consumer goods or  services
 5        that are the subject of the telemarketing solicitation.
 6             (3)  All   material  restrictions,  limitations,  or
 7        conditions to purchase,  receive,  or  use  the  consumer
 8        goods   or   services   that   are  the  subject  of  the
 9        telemarketing solicitation.
10             (4)  All material aspects of the nature or terms  of
11        the  telemarketer's  refund,  cancellation,  exchange, or
12        repurchase policies.
13             (5)  In any prize promotion:
14                  (A)  A statement of all material conditions  to
15             receive or redeem the prize.
16                  (B)  The  odds of receiving a prize, and if the
17             odds are not calculable in advance, the factors  and
18             methods used in calculating the odds.
19                  (C)  A clear statement that the consumer is not
20             required  to  make  any  purchase  to win a prize or
21             participate in  the  prize  promotion,  including  a
22             statement  that  the consumer is not required to pay
23             any shipping or handling costs.
24                  (D)  A     clear     explanation     of     the
25             no-purchase/no-payment method  of  participating  in
26             the prize promotion.

27        Section  35.  Do not call list.  It is an unlawful act or
28    practice and violation of this Act for  any  telemarketer  to
29    initiate   a   telephone   solicitation  to  a  consumer  who
30    previously has requested the  telemarketer  to  refrain  from
31    calling  the  consumer.   Compliance with Section 310.4(b) of
32    the Federal Trade Commission's Telemarketing Sales Rule shall
33    constitute compliance with this Section.
SB349 Engrossed             -12-              LRB9101743SMdvA
 1        Section 40.  Written confirmation.
 2        (a)  Except as provided in subsection (c), (d), and  (e),
 3    the  telemarketer  shall  furnish  the  consumer, in the same
 4    language as that principally used in the sales  presentation,
 5    a written confirmation.
 6        (b)  The  written confirmation furnished under subsection
 7    (a) shall be mailed using first class mail, postage  prepaid,
 8    no  later  than  10  days  after the telemarketing sale.  The
 9    written confirmation shall be in 12 point type;  shall  be  a
10    separate   document   for   the  purpose  of  confirming  the
11    telemarketing  sale;  and   shall   contain   the   following
12    information:
13             (1)  The name and address of the seller.
14             (2)  The  total  costs to purchase, receive, or use,
15        and the quantity of, any goods or services that  are  the
16        subject of the sale.
17             (3)  All   material  restrictions,  limitations,  or
18        conditions to purchase, receive,  or  use  the  goods  or
19        services that are the subject of the sale.
20             (4)  If  the  seller  has  a  policy  of  not making
21        refunds,  cancellations,  exchanges,  or  repurchases,  a
22        statement  informing  the  customer  that  this  is   the
23        seller's  policy; or, if the seller or telemarketer makes
24        a representation about a refund, cancellation,  exchange,
25        or  repurchase  policy, a statement of all material terms
26        and conditions of the policy.
27             (5)  A toll-free number to call should the  consumer
28        wish to cancel the telemarketing sale.
29        (c)  A  written  confirmation  is  not  required  if  the
30    telemarketing sale is regulated by  other laws of the State.
31        (d)  A  sale  is  not subject to the requirements of this
32    Section if the seller, at a minimum, has a policy of:
33             (1)  accepting returns  or  cancelling  services  in
34        connection  with the return of unused and undamaged goods
SB349 Engrossed             -13-              LRB9101743SMdvA
 1        or cancelled services for a period of  not  less  than  7
 2        days  after  the  date  of  delivery  to the consumer and
 3        providing a cash refund for a cash purchase or issuing  a
 4        credit  for a credit purchase applied to the account that
 5        was debited;
 6             (2)  disclosing  the  seller's  refund  and   return
 7        policy  to  the  consumer  by  telephone  or  in  writing
 8        included  with  advertising  or  promotional material, or
 9        with the delivery of the goods or services; and
10             (3)  restoring payments or issuing credits  pursuant
11        to  subdivision  (d)(1), within 30 days after the date on
12        which the seller receives the returned goods or notice of
13        cancellation of services.   A  seller  who  discloses  in
14        writing   that   a   sale  is  subject  to  "satisfaction
15        guaranteed", "free inspection", "a no risk guarantee", or
16        similar words or phrases shall be considered to have  met
17        the  review  and return for refund policy requirements of
18        this subsection.
19        (e)  A  written  confirmation  is  not  required  if  the
20    telemarketing sale results in a written  contract  signed  by
21    the consumer.

22        Section  45.   Acts  and practices not covered under this
23    Act.  The following acts and practices are not covered  under
24    this Act:
25        (1)  Telephone  calls  in  which  the  sale  of  goods or
26    services is not completed, and payment  or  authorization  of
27    payment   is   not   required,  until  after  a  face-to-face
28    presentation by the seller.
29        (2)  Telephone calls initiated by a consumer that are not
30    the result of any telephone solicitation by a telemarketer.
31        (3)  Telephone calls made by an autodialer as defined  in
32    the Automatic Telephone Dialers Act.
33        (4)  Telephone  calls initiated by a consumer in response
SB349 Engrossed             -14-              LRB9101743SMdvA
 1    to a direct mail solicitation  that  clearly,  conspicuously,
 2    and  truthfully  discloses all material information listed in
 3    subsection (b) of Section 30 for  any  item  offered  in  the
 4    direct   mail  solicitation;  provided,  however,  that  this
 5    exemption does not apply to calls initiated by a consumer  in
 6    response  to  a  direct  mail  solicitation relating to prize
 7    promotions,  investment  opportunities,  goods  or   services
 8    described  in  subdivisions (a)(9) and (a)(12) of Section 50,
 9    or direct mail solicitations that guarantee  or  represent  a
10    high  likelihood  of  success  in  obtaining or arranging for
11    extensions of credit, if payment of  a  fee  is  required  in
12    advance of obtaining the extension of credit.
13        (5)  Telephone  calls initiated by a consumer in response
14    to an advertisement through any media, other than direct mail
15    solicitations; provided however, that this exemption does not
16    apply to calls initiated by a  consumer  in  response  to  an
17    advertisement relating to investment opportunities, goods, or
18    services  described  in  subdivisions  (a)(9)  and (a)(12) of
19    Section 50, or advertisements that guarantee or  represent  a
20    high  likelihood  of  success  in  obtaining or arranging for
21    extensions of credit, if payment of  a  fee  is  required  in
22    advance of obtaining the extension of credit.
23        (6)  Telephone   calls   made   by  a  collection  agency
24    registered with the  Department  of  Professional  Regulation
25    under the Illinois Collection Agency Act.
26        (7)  Telephone  calls  related  to  the  personal service
27    relationship between a retail business  establishment  and  a
28    consumer who has had or has a business relationship with that
29    retailer.

30        Section 50.  Unlawful acts or practices.
31        (a)  It is an unlawful act or practice and a violation of
32    this  Act  for  any  telemarketer  to engage in the following
33    conduct:
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 1             (1)  To obtain  a  certificate  of  registration  or
 2        registration  renewal  through  any  false  or fraudulent
 3        representation or make any material misrepresentation  in
 4        any registration or registration renewal application.
 5             (2)  To  fail  to  maintain  a  valid certificate of
 6        registration or registration renewal.
 7             (3)  To provide inaccurate or incomplete information
 8        to the Attorney General when making an application for  a
 9        certificate of registration or registration renewal.
10             (4)  To  misrepresent that a person is registered or
11        that a person has a valid certificate number.
12             (5)  To misrepresent, directly  or  by  implication,
13        any of the following information:
14                  (A)  The  total  cost  to purchase, receive, or
15             use, and the quantity of, any goods or services that
16             are the subject of a solicitation.
17                  (B)  A  material  restriction,  limitation,  or
18             condition to purchase,  receive,  or  use  goods  or
19             services that are the subject of a solicitation.
20                  (C)  A  material  aspect  of  the  performance,
21             efficacy,  nature,  or  characteristics  of goods or
22             services that are the subject of a solicitation.
23                  (D)  A material aspect of the nature  or  terms
24             of  the  seller's refund, cancellation, exchange, or
25             repurchase policies.
26                  (E)  A material aspect of  a  prize  promotion,
27             including,  but  not  limited  to, the odds of being
28             able to receive a prize, the nature of a prize,  the
29             actual  number of each prize to be awarded or given,
30             or that  a  purchase  or  payment  of  any  kind  is
31             required  to  win  a prize or participate in a prize
32             promotion.
33                  (F)  A  material  aspect   of   an   investment
34             opportunity,  including,  but  not limited to, risk,
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 1             liquidity, earnings potential, or profitability.
 2                  (G)  The  telemarketer's  affiliation  with  or
 3             endorsement  by  any   government   or   third-party
 4             organization.
 5             (6)  To  make  a  false  or  misleading statement to
 6        induce a consumer to pay for goods or services.
 7             (7)  To fail to notify the Attorney  General  within
 8        15  days if, in a court of competent jurisdiction of this
 9        State or any  other  state  or  the  United  States,  the
10        telemarketer is convicted of, pleads guilty to, or enters
11        a  plea of no contest for a felony, engaging in a pattern
12        of corrupt activity, racketeering, a violation of federal
13        or state securities law, or a theft offense.
14             (8)  To advertise or represent that registration  as
15        a telemarketer is an endorsement or approval by the State
16        or any governmental agency of the State.
17             (9)  To  request  or  receive  payment of any fee or
18        consideration for goods or services represented to remove
19        derogatory information from or improve a person's  credit
20        history, credit record, or credit rating until:
21                  (A)  The  time  frame in which the telemarketer
22             has represented all of the goods or services will be
23             provided to that person has expired; and
24                  (B)  The telemarketer has provided  the  person
25             with  documentation in the form of a consumer report
26             from a consumer reporting agency demonstrating  that
27             the promised results have been achieved, such report
28             having  been  issued  more  than  6 months after the
29             results were achieved.
30             (10)  Obtain or submit for payment a  check,  draft,
31        or  other  form  of  negotiable paper drawn on a person's
32        checking, savings, bond, or  other  account  without  the
33        consumer's express written authorization.
34             (11)  To  procure  the  services of any professional
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 1        delivery, courier, or other  pick-up  service  to  obtain
 2        immediate  receipt and possession of a consumer's payment
 3        unless:
 4                  (A)  Such service is requested by the consumer;
 5             and
 6                  (B)  The  consumer  is  actually  afforded   an
 7             opportunity  to  inspect the goods or services prior
 8             to payment.
 9             (12)  To request or receive payment in advance  from
10        a  consumer  to recover or otherwise aid in the return of
11        money or any other item lost by the consumer in  a  prior
12        telemarketing transaction.
13             (13)  To   misrepresent  the  requirements  of  this
14        Section.
15             (14)  To assist,  support,  or  provide  substantial
16        assistance  to  any telemarketer when the seller knows or
17        should know that the telemarketer is engaged in  any  act
18        or practice which violates this Section or Section 30.
19             (15)  To  make  or cause to be made a telephone call
20        to any emergency telephone number.
21             (16)  To request or receive payment of  any  fee  or
22        consideration  in  advance  of  obtaining a loan or other
23        extension of credit when the seller or  telemarketer  has
24        guaranteed or represented a high likelihood of success in
25        obtaining  or  arranging  a  loan  or  other extension of
26        credit for a consumer.

27        Section 55.  Abusive acts and  practices  unlawful  under
28    this  Act. It is an abusive telemarketing act or practice and
29    a violation of this Act for any telemarketer to engage in the
30    following conduct:
31             (1)  Threaten, intimidate, or use profane or obscene
32        language.
33             (2)  Engage any person  repeatedly  or  continuously
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 1        with  behavior  a  reasonable  person  would  deem  to be
 2        annoying, abusive, or harassing.
 3             (3)  Initiate an outbound telephone call to a person
 4        when that person previously has stated  that  he  or  she
 5        does  not wish to receive an outbound telephone call made
 6        on behalf of the telemarketer whose goods or services are
 7        being offered in compliance with Section 35.
 8             (4)  Engage in telemarketing to a person's residence
 9        at any time other than between 8 a.m. and  9  p.m.  local
10        time,  Monday  through  Sunday,  at  the  called person's
11        location.

12        Section 60.  Enforcement by Attorney General.   Violation
13    of  any of the provisions of this Act is an unlawful practice
14    under the Consumer Fraud  and  Deceptive  Business  Practices
15    Act.   All  remedies, penalties, and authority granted to the
16    Attorney General by that Act shall be available  to  him  for
17    the enforcement of this Act.

18        Section  65.  Criminal penalties.  A knowing violation of
19    Section 15, 20, 25, 30, 35, 40,  50,  or  55  is  a  Class  4
20    felony.

21        Section 70.  Private right of action.
22        (a)    Any  person who suffers actual damages as a result
23    of a violation of this Act committed by any other person  may
24    bring  an  action  against  that  person.   The court, in its
25    discretion, may award actual economic damages  or  any  other
26    relief which the court deems proper.
27        (b)   Such action may be commenced in the county in which
28    the  person  against  whom  it  is  brought  resides, has his
29    principal place of business, or is doing business, or in  the
30    county  where  the  transaction or any substantial portion of
31    the transaction occurred.
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 1        (c)   In any  action  brought  by  a  person  under  this
 2    Section,   the   court  may  grant  injunctive  relief  where
 3    appropriate and may award, in addition to the relief provided
 4    in this Section, reasonable attorney's fees and costs to  the
 5    prevailing party.
 6        (d)    Upon commencement of any action brought under this
 7    Section, the plaintiff shall mail a copy of the complaint  or
 8    other  initial  pleading  to  the  Attorney General and, upon
 9    entry of any judgment or order in the action,  shall  mail  a
10    copy of the judgment or order to the Attorney General.
11        (e)    Any action for damages under this Section shall be
12    forever barred unless commenced  within  3  years  after  the
13    cause  of  action accrued; provided that, whenever any action
14    is brought by the Attorney General or a State's Attorney  for
15    a  violation  of  this  Act,  the  running  of the statute of
16    limitations, with respect to every private  right  of  action
17    for  damages which is based in whole or in part on any matter
18    complained of in  the  action  by  the  Attorney  General  or
19    State's  Attorney,  shall be suspended during the pendency of
20    the action, and for one year thereafter.

21        Section 75.  Telemarketing Fraud Enforcement Fund.  There
22    is hereby created in the State Treasury the Attorney  General
23    Telemarketing  Fraud  Enforcement  Fund.  The State Treasurer
24    shall deposit in the fund registration fees paid pursuant  to
25    this  Act.   Subject to appropriation by the legislature, the
26    Attorney General shall use the monies in  the  fund  for  the
27    administration and enforcement of the program of registration
28    established  in  this Act and also for educational activities
29    that advance the purposes of this Act.

30        Section 80.  Rules.  The Attorney General may  promulgate
31    any  rules  necessary  to implement this Act, pursuant to the
32    Illinois Administrative Procedure Act, which rules shall have
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 1    the force of law.

 2        Section 85.  Construction of  Act.   This  Act  shall  be
 3    liberally construed to effect its purposes.

 4        Section  905.  The State Finance Act is amended by adding
 5    Section 5.490 as follows:

 6        (30 ILCS 105/5.490 new)
 7        Sec. 5.490.  The  Attorney  General  Telemarketing  Fraud
 8    Enforcement Fund.

 9        (815 ILCS 413/Act rep.)
10        Section   910.    The   Telephone  Solicitations  Act  is
11    repealed.

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