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92_HB4126 LRB9214961ACcd 1 AN ACT concerning telephone solicitations. 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 Telephone Solicitation Consumer Listing Act. 6 Section 5. Definitions. As used in this Act: 7 "Commission" means the Illinois Commerce Commission. 8 "Consumer" means a residential telephone subscriber who 9 is an actual or a prospective purchaser, lessee, or recipient 10 of consumer goods or services or donor to a charitable 11 organization. 12 "Consumer goods or services" means any of the following: 13 (1) Tangible or intangible personal property or real 14 property that is normally used for personal, family, or 15 household purposes. 16 (2) Property intended to be attached to or 17 installed on real property without regard to whether it 18 is attached or installed. 19 (3) Services related to property described in items 20 (1) or (2). 21 (4) Credit cards or the extension of credit. 22 "Doing business in Illinois" means making telephone sales 23 calls to consumers located in Illinois whether the telephone 24 sales calls are made from a location in Illinois or outside 25 Illinois. 26 "Fund" refers to the Consumer Protection Telephone 27 Solicitation Fund. 28 "Listing" refers to the no telephone sales solicitation 29 listing published by the Commission that lists the names of 30 persons who do not wish to receive telephone sales calls. 31 "Telephone number" means a residential telephone number. -2- LRB9214961ACcd 1 "Telephone sales call" means a telephone call made to a 2 consumer for any of the following purposes: 3 (1) Solicitation of a sale of consumer goods or 4 services. 5 (2) Solicitation of a charitable contribution. 6 (3) Obtaining information that will or may be used 7 for the direct solicitation of a sale of consumer goods 8 or services or an extension of credit for such purposes. 9 "Telephone sales call" includes a call made by use of 10 automated dialing or recorded message devices. 11 "Telephone solicitor" means an individual, a firm, an 12 organization, a partnership, an association, or a 13 corporation, including affiliates and subsidiaries, doing 14 business in Illinois. 15 Section 10. Application of Act. 16 (a) This Act does not apply to any of the following: 17 (1) A telephone call made in response to an express 18 request of the person called. 19 (2) A telephone call made primarily in connection 20 with an existing debt or contract for which payment or 21 performance has not been completed at the time of the 22 call. 23 (3) A telephone call made on behalf of a charitable 24 organization that is exempt from federal income taxation 25 under Section 501 of the Internal Revenue Code, but only 26 if all of the following apply: 27 (A) The telephone call is made by a volunteer 28 or an employee of the charitable organization. 29 (B) The telephone solicitor who makes the 30 telephone call immediately discloses upon making 31 contact with the consumer the solicitor's true first 32 and last name and the name, address, and telephone 33 number of the charitable organization. -3- LRB9214961ACcd 1 (4) A telephone call made by an individual licensed 2 under the Real Estate License Act of 2000 if the sale of 3 goods or services is not completed and the payment or 4 authorization of payment is not required until after a 5 face to face sales presentation by the seller. 6 (5) A telephone call made by an individual licensed 7 as an insurance producer under the Illinois Insurance 8 Code when the individual is soliciting an application for 9 insurance or negotiating a policy of insurance on behalf 10 of an insurer. 11 (6) A telephone call soliciting the sale of a 12 newspaper of general circulation, but only if the 13 telephone call is made by a volunteer or an employee of 14 the newspaper. 15 (b) This Act does not relieve a person from complying 16 with any other applicable law. 17 Section 15. Listing. 18 (a) The Commission shall establish, maintain, and 19 publish a quarterly listing of telephone numbers of Illinois 20 consumers who request not to be solicited by telephone. 21 (b) The telephone number of a consumer shall be placed 22 on the listing if the consumer requests to be added to the 23 listing according to a procedure approved by the Commission. 24 (c) The listing shall be updated upon receipt of a 25 request from a consumer. 26 (d) A telephone solicitor may obtain a copy of the 27 listing upon request of the telephone solicitor as provided 28 in this Section. 29 (e) The Commission shall establish a fee to be paid by a 30 telephone solicitor for obtaining a copy of the listing. The 31 fee established under this subsection (e) may not exceed the 32 amount necessary to cover the cost of providing the listing 33 to telephone solicitors. -4- LRB9214961ACcd 1 Section 20. Contract for listing. 2 (a) The Commission may contract with an agent to perform 3 the Commission's duties under Section 15 of this Act if both 4 (i) the agent has demonstrated experience in maintaining a 5 national no sales solicitation calls listing and (ii) the 6 contract requires the vendor to provide the listing in a 7 printed hard copy format and any other format offered at a 8 cost that does not exceed the production cost of the format 9 offered. 10 (b) If the Commission enters into a contract under this 11 Section, the Commission must retain the ultimate authority 12 for approval of the procedures for establishment, 13 maintenance, and publication of the listing and establishing 14 fees required by subsection (e) of Section 15 of this Act. 15 Section 25. Duties of the Commission. 16 (a) The Commission shall investigate complaints received 17 concerning violations of this Act. 18 (b) The Commission shall notify Illinois residents of 19 the rights and duties created by this Act. 20 (c) The Commission shall, after June 30 and before 21 October 1 of each year, report to the General Assembly on the 22 following: 23 (1) For the fiscal year ending June 30, 2003, the 24 expenses incurred by the Commission in establishing the 25 listing. 26 (2) The total amount of fees deposited in the Fund 27 during the most recent fiscal year. 28 (3) The expenses incurred by the Commission in 29 maintaining and promoting the listing during the most 30 recent fiscal year. 31 (4) The projected budget required by the Commission 32 to comply with this Act during the current fiscal year. 33 (5) Any other expenses incurred by the Commission -5- LRB9214961ACcd 1 in complying with this Act during the most recent fiscal 2 year. 3 (6) The total number of consumers on the listing at 4 the end of the most recent fiscal year. 5 (7) The number of new consumers added to the 6 listing during the most recent fiscal year. 7 (8) The number of consumers removed from the 8 listing for any reason during the most recent fiscal 9 year. 10 Section 30. The Consumer Protection Telephone 11 Solicitation Fund. 12 (a) The Consumer Protection Telephone Solicitation Fund 13 is created as a special fund in the State treasury for the 14 purpose of the administration of this Act and shall be used, 15 subject to appropriation, exclusively for this purpose. 16 (b) The Commission shall administer the Fund. 17 (c) The Commission shall deposit all revenue received 18 under this Act in the fund. 19 Section 35. Rules. The Commission may adopt any rules 20 necessary for the implementation of this Act. 21 Section 40. Prohibited acts. 22 (a) A telephone solicitor may not make or cause to be 23 made a telephone sales call to a telephone number if that 24 telephone number appears in the most current quarterly 25 listing published by the Commission. 26 (b) A telephone solicitor or person who obtains consumer 27 information that includes telephone numbers shall exclude the 28 telephone numbers that appear on the Commission's most 29 current listing. This subsection does not apply to a person 30 obtaining consumer information for inclusion in directory 31 assistance and telephone directories sold by telephone -6- LRB9214961ACcd 1 companies. 2 (c) A telephone solicitor who fails to comply with any 3 provision of this Section commits a deceptive act that is 4 actionable by the Attorney General under this Act. 5 Section 45. Remedies. In an action under this Act, the 6 Attorney General may obtain any or all of the following: 7 (1) An injunction to enjoin future violations of 8 Section 40 of this Act. 9 (2) A civil penalty of not more than $10,000 for 10 the first violation and not more than $25,000 for each 11 subsequent violation. For purposes of this item (2), each 12 telephone call in violation of Section 40 of this Act is 13 considered a separate violation. 14 (3) All money the defendant obtained through 15 violation of Section 40 of this Act. 16 (4) The Attorney General's reasonable costs in the 17 investigation of the deceptive act and maintaining the 18 action. 19 (5) Reasonable attorney's fees. 20 (6) Costs of the action. 21 Section 50. Voiding of contract. In an action under this 22 Act, the court may void or limit the application of contracts 23 or clauses resulting from deceptive acts and order 24 restitution to be paid to an aggrieved consumer. 25 Section 55. Statute of limitations. An action brought 26 under this Act may not be brought more than 2 years after the 27 occurrence of the deceptive act. 28 Section 900. The State Finance Act is amended by adding 29 Section 5.570 as follows: -7- LRB9214961ACcd 1 (30 ILCS 105/5.570 new) 2 Sec. 5.570. The Consumer Protection Telephone 3 Solicitation Fund. 4 Section 999. Effective date. This Act takes effect upon 5 becoming law.
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