GEO-KARIS-RADOGNO-NOLAND-PETKA-OBAMA, LIGHTFORD, SYVERSON, DELEO, LINK, WALSH,L, PARKER AND DEMUZIO. (MOORE,ANDREA-GARRETT-DART-O'CONNOR-MITCHELL,BILL) New Act 30 ILCS 105/5.490 new 815 ILCS 413/Act rep. Creates the Telemarketing Registration and Fraud Prevention Act. Requires telemarketers to register with the Attorney General, obtain a surety bond, and maintain certain business records. Requires telemarketers to disclose certain information within the first 60 seconds of any telemarketing call and provides that no telemarketing transaction is complete until the consumer returns a signed, written contract to the telemarketer. Provides that it is an unlawful act or practice and a violation of the Act to call a person on a do not call list. Itemizes actions of a telemarketer that are unlawful and abusive and a violation of the Act. Provides that the Attorney General may enforce violations of the Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides for criminal penalties for violations of certain provisions. Provides for a private right of action for a violation of the Act. Authorizes the Attorney General to promulgate rules to implement the Act. Creates the Attorney General Telemarketing Fraud Enforcement Fund to be funded by registration fees and used for administration, enforcement, and educational activities related to the Act. Amends the State Finance Act to add the fund. Repeals the Telephone Solicitations Act. SENATE AMENDMENT NO. 1. Deletes reference to: 30 ILCS 105/5.490 new 815 ILCS 413/Act rep. Deletes everything. Reinserts only the short title of the Act as introduced. SENATE AMENDMENT NO. 2. Adds reference to: 30 ILCS 105/5.490 new 815 ILCS 413/Act rep. Deletes everything. Reinserts provisions similar to the bill as introduced. Provides that those exempt from the coverage of the Act as "telemarketers" for purposes of registration are also exempt from the bond requirement under the Act. Adds to the list of those exempt, an insurance company licensed under the Illinois Insurance Code, a licensee under the Consumer Installment Loan Act, and a public utility or its subsidiary, affiliate, or agent or other business regulated by the Illinois Commerce Commission under the Public Utilities Act. Replaces the provisions requiring a signed written contract by a consumer before a telemarketing solicitation shall be deemed final with provisions requiring the telemarketer to mail written confirmation of the sale within 10 days after the sale. Adds as acts and practices not covered under this Act, certain calls initiated by a consumer in response to a direct mail solicitation and calls related to the personal service relationship between a retail business and a consumer who has had or has a business relationship with the retailer. Provides that the use of the funds in the Telemarketing Fraud Enforcement Fund is subject to appropriation. Makes other changes. HOUSE AMENDMENT NO. 1. Deletes the definition of "solicitation". Removes provisions defining the term "telemarketer" based on who receives telephone calls. Adds, as an entity not included as a telemarketer for purposes of registration and bonding, a person, partnership, association, corporation, or any other entity licensed under the Residential Mortgage License Act of 1987. In provisions requiring the telemarketer to disclose the total cost to purchase, receive, or use a consumer good or service, provides that for offers of consumer credit products subject to the federal Truth in Lending Act and Regulation Z, compliance with the disclosure requirements under the Truth in Lending Act and Regulation Z shall constitute compliance with this requirement of the Act. Removes certain acts and practices from the list of those not covered under the Act and inserts a new one. Removes provisions regarding a private right of action. HOUSE AMENDMENT NO. 2. Removes provisions stating that the list of those exempt from the registration and bonding provisions of the Act are excluded as "telemarketers". Removes from the exemption from the registration and bonding provisions businesses regulated by the Illinois Commerce Commission under the Public Utilities Act other than a public utility or its subsidiary, affiliate, or agent. Provides that compliance with the federal Telephone Consumer Protection Act of 1991 or rules promulgated pursuant to that Act constitutes compliance with the "do not call list" provisions and certain abusive acts and practices provisions. Includes as acts and practices not covered by this Act (i) telephone calls in which the product is sold pursuant to a form contract filed with a State regulatory agency pursuant to Illinois law, and (ii) telephone solicitations made pursuant to provisions of the Illinois Securities Law of 1953 related to telephone solicitations. Removes a number of provisions from the list of those for which a violation is a Class 4 felony. Adds a provision regarding private rights of action. Makes other changes. HOUSE AMENDMENT NO. 4. Provides that the provisions regarding the "do not call list" do not apply to a supervised financial organization or a parent, subsidiary, or affiliate of a supervised financial organization until July 1, 2001. Provides that the provisions regarding written confirmation of a telemarketing sale do not apply to a supervised financial organization or a parent, subsidiary, or affiliate of a supervised financial organization. 99-02-17 S FIRST READING 99-02-17 S REFERRED TO SENATE RULES COMMITTEE RULES 99-02-18 S ASSIGNED TO COMMITTEE EXECUTIVE 99-02-18 S ADDED AS A CHIEF CO-SPONSOR RADOGNO 99-02-18 S ADDED AS A CHIEF CO-SPONSOR NOLAND 99-02-18 S ADDED AS A CHIEF CO-SPONSOR PETKA 99-02-23 S ADDED AS A CHIEF CO-SPONSOR OBAMA 99-02-24 S ADDED AS A CO-SPONSOR LIGHTFORD 99-02-26 S HELD IN COMMITTEE 99-03-01 S ADDED AS A CO-SPONSOR BOWLES 99-03-04 S POSTPONED 99-03-04 S ADDED AS A CO-SPONSOR SYVERSON 99-03-10 S ADDED AS A CO-SPONSOR DELEO 99-03-10 S ADDED AS A CO-SPONSOR LINK 99-03-11 S POSTPONED 99-03-18 S AMENDMENT NO. 01-EXECUTIVE S 99-03-18 S ADOPTED 99-03-18 S DO PASS AS AMENDED 011-000-000 SEXC 99-03-18 S PLACED ON CALENDAR ORDER OF 2ND READING 99-03-19 99-03-24 S ADDED AS A CO-SPONSOR WALSH,L 99-03-24 S FILED WITH SECRETARY 99-03-24 S AMENDMENT NO. 02-GEO-KARIS 99-03-24 S AMENDMENT REFERRED TO SRUL 99-03-24 S AMENDMENT NO. 02-GEO-KARIS 99-03-24 S RULES REFERS TO SEXC 99-03-24 S AMENDMENT NO. 02-GEO-KARIS 99-03-24 S BE ADOPTED SEXC/011-000-000 99-03-24 S SECOND READING 99-03-24 S AMENDMENT NO. 02-GEO-KARIS 99-03-24 S ADOPTED 99-03-24 S PLACED ON CALENDAR ORDER OF 3RD READING 99-03-25 99-03-24 S ADDED AS A CO-SPONSOR PARKER 99-03-25 S ADDED AS A CO-SPONSOR DEMUZIO 99-03-25 S THIRD READING - PASSED 056-000-000 99-03-26 H ARRIVE IN HOUSE 99-03-26 H HOUSE SPONSOR GARRETT 99-03-26 H ALTERNATE PRIMARY SPONSOR CHANGED TO MOORE,ANDREA 99-03-26 H ADDED AS A JOINT SPONSOR GARRETT 99-03-26 H FIRST READING 99-03-26 H REFERRED TO HOUSE RULES COMMITTEE RULES 99-04-14 H ASSIGNED TO COMMITTEE JUD-CIVIL LAW 99-04-14 H ADDED AS A JOINT SPONSOR DART 99-04-15 H ADDED AS A JOINT SPONSOR O'CONNOR 99-04-15 H ADDED AS A JOINT SPONSOR MITCHELL,BILL 99-04-28 H AMENDMENT NO. 01-JUD-CIVIL LAW H 99-04-28 H ADOPTED 99-04-28 H DO PASS AMENDED/SHORT DEBATE 011-000-000 HJUA 99-04-28 H PLACED CALENDAR 2ND READING-SHORT DEBATE 99-05-04 H SECOND READING-SHORT DEBATE 99-05-04 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 99-05-11 H RECALLED TO SECOND READING-SHORT DEBATE 99-05-11 H AMENDMENT NO. 02-MOORE,ANDREA 99-05-11 H AMENDMENT REFERRED TO HRUL 99-05-11 H AMENDMENT NO. 03-MOORE,ANDREA 99-05-11 H AMENDMENT REFERRED TO HRUL 99-05-11 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 99-05-13 H AMENDMENT NO. 02-MOORE,ANDREA 99-05-13 H RULES REFERS TO HJUA 99-05-13 H AMENDMENT NO. 03-MOORE,ANDREA 99-05-13 H RULES REFERS TO HJUA 99-05-13 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 99-05-14 H AMENDMENT NO. 02-MOORE,ANDREA 99-05-14 H RECOMMENDS BE ADOPTED HJUA/010-000-000 99-05-14 H AMENDMENT NO. 03-MOORE,ANDREA 99-05-14 H RECOMMENDS BE ADOPTED HJUA/007-000-001 99-05-14 H AMENDMENT NO. 02-MOORE,ANDREA 99-05-14 H ADOPTED 99-05-14 H AMENDMENT NO. 03-MOORE,ANDREA 99-05-14 H LOST 99-05-14 H 3RD RDING DEADLINE 99-05-14 H EXTENDED - 5/21/99 99-05-14 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 99-05-18 H RECALLED TO SECOND READING-SHORT DEBATE 99-05-18 H AMENDMENT NO. 04-MOORE,ANDREA 99-05-18 H AMENDMENT REFERRED TO HRUL 99-05-18 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 99-05-19 H AMENDMENT NO. 04-MOORE,ANDREA 99-05-19 H RECOMMENDS BE ADOPTED HRUL 99-05-19 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE 99-05-20 H AMENDMENT NO. 04-MOORE,ANDREA 99-05-20 H ADOPTED 99-05-20 H PLCD CAL ORDER 3RD READING-SHORT DEBATE 99-05-21 H 3RD RDING DEADLINE 99-05-21 H EXTENDED - 5/31/99 99-05-21 H CALENDAR ORDER 3RD READING-SHORT DEBATE 99-05-31 H RE-REFERRED TO RULES COMM/RULE 19(A) RULES HRUL 01-01-09 S SESSION SINE DIE END OF INQUIRY Full Text Bill Summary