91st General Assembly
Summary of SB0349
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Senate Sponsors:
GEO-KARIS-RADOGNO-NOLAND-PETKA-OBAMA, LIGHTFORD, 
   SYVERSON, DELEO, LINK, WALSH,L, PARKER AND DEMUZIO.

House Sponsors:
MOORE,ANDREA-GARRETT-DART-O'CONNOR-MITCHELL,BILL

Short description: 
TELEMARKETING REGISTRATION ACT                                             

Synopsis of Bill as introduced:
        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.                                          
 
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   3     SENATE -   2


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