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91_SB0349ham002
LRB9101743SMdvam09
1 AMENDMENT TO SENATE BILL 349
2 AMENDMENT NO. . Amend Senate Bill 349, AS AMENDED,
3 in Section 10, by replacing "For purposes of registration and
4 bonding under Sections 15 and 20, "telemarketer" does not
5 include any of the following:" with the following:
6 "The following persons are exempt from registration and
7 bonding under Sections 15 and 20:"; and
8 in Section 10, subdivision (11), by replacing "partner" with
9 "provider"; and
10 in Section 10, subdivision (11), after "radio
11 telecommunication service provider", by inserting "or its
12 agents"; and
13 in Section 10, subdivision (20), by deleting ", or other
14 business"; and
15 in Section 25, subsection (a), after "the following records",
16 by inserting "pertaining to and in connection with
17 telemarketing"; and
18 in Section 25, subdivision (a)(1), after "materials", by
19 inserting "used in connection with telemarketing"; and
20 in Section 30, subsection (b), by deleting the following:
21 "or provides any financial or payment information to a
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1 telemarketer"; and
2 in Section 30, by replacing subdivision (b)(3) with the
3 following:
4 "(3) All material conditions to purchase the consumer
5 goods or services that are the subject of the telemarketing
6 solicitation."; and
7 in Section 30, subdivision (b)(5), after "In any prize
8 promotion", by inserting "offered through telemarketing"; and
9 in Section 35, after "Rule", by inserting the following:
10 "or the federal Telephone Consumer Protection Act of 1991 or
11 rules promulgated pursuant to that Act"; and
12 in Section 40, subdivision (d)(3), by replacing "within 30
13 days" with "within 60 days"; and
14 in Section 45, by replacing subdivision (2) with the
15 following:
16 "(2) Telephone calls initiated by a consumer."; and
17 in Section 45, by inserting after subdivision (4) the
18 following:
19 "(5) Telephone calls in which the product is sold
20 pursuant to a form contract filed with a State regulatory
21 agency pursuant to Illinois law.
22 (6) Telephone solicitations made pursuant to Section 8b
23 of the Illinois Securities Law of 1953."; and
24 in Section 50, subdivision (a)(10), after the period, by
25 inserting the following:
26 "It is not an unlawful act or practice under this Act if a
27 person obtains or submits for payment a check, draft, or
28 other form of negotiable paper drawn on a person's checking,
29 savings, bond, or other account if the consumer gives express
30 authorization and the check, draft, or other form of
31 negotiable paper is in the amount of $75 or less and is
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1 obtained or submitted for payment only once in any 60 day
2 period."; and
3 in Section 55, subdivision (3), before the period, by
4 inserting the following:
5 "; however, a telemarketer is not liable for violating this
6 subsection if it is in compliance with the Federal Trade
7 Commission's Telemarketing Sales Rule or the federal
8 Telephone Consumer Protection Act of 1991 or rules
9 promulgated pursuant to that Act"; and
10 by replacing Section 65 with the following:
11 "Section 65. Criminal penalties. A knowing violation of
12 Section 15 or 20 is a Class 4 felony.
13 Section 67. Private right of action. Nothing in this
14 Act shall be construed to grant to any person a private right
15 of action for damages for a violation of this Act nor shall
16 any person have a private right of action for damages under
17 Section 10a of the Consumer Fraud and Deceptive Business
18 Practices Act for a violation of this Act, except that a
19 consumer may bring a private action under this Act if a
20 telemarketer or seller violates Section 35. The remedies
21 shall be the same as those under the federal Telephone
22 Consumer Protection Act of 1991.".