State of Illinois
92nd General Assembly

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 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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