State of Illinois
92nd General Assembly

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 1        AN ACT  to  amend  the  Telephone  Solicitations  Act  by
 2    changing Section 25.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Telephone Solicitations Act is amended by
 6    changing Section 25 as follows:

 7        (815 ILCS 413/25)
 8        Sec. 25.  Violations.
 9        (a)  It is a violation of this Act to make or cause to be
10    made telephone calls to any  emergency  telephone  number  as
11    defined  in  Section 5 of this Act. It is a violation of this
12    Act to make or cause to be made telephone calls in  a  manner
13    that does not comply with Section 15.
14        (b)  It  is  a  violation  of this Act to continue with a
15    solicitation placed by a live operator without the consent of
16    the called party.
17        (c)  It is an unlawful act or practice and a violation of
18    this Act for any person engaged in telephone solicitation  to
19    obtain or submit for payment a check, draft, or other form of
20    negotiable  paper  drawn  on a person's checking, savings, or
21    other account or on  a  bond  without  the  person's  express
22    written consent.
23        (c-1)  Subsection  (c)  of this Section does not apply to
24    the following:
25             (1)  a   publicly   traded   corporation   that   is
26        registered with the Securities and Exchange Commission or
27        the Secretary of State or any subsidiary,  affiliate,  or
28        agent of the corporation;
29             (2)  a   retail  company  whose  parent  company  is
30        registered with the Securities and Exchange Commission or
31        the Secretary of State or any subsidiary,  affiliate,  or
                            -2-                LRB9201197DHmg
 1        agent of the retail company; or
 2             (3)  a sale by an entity or any of its affiliates or
 3        agents,  doing  business as a retailer, soliciting from a
 4        consumer with whom the entity or any of its affiliates or
 5        agents  has  an  existing   business   relationship,   or
 6        soliciting  from  a consumer who has previously purchased
 7        from the retailing entity or its affiliates.
 8        As used in paragraphs (2)  and  (3)  of  this  subsection
 9    (c-1)  only, "retailer" or "retail company" means a person or
10    company  that  maintains  and  operates  a  retail   business
11    establishment  under  the  same  name  as  that  used  in the
12    solicitation (i) whose products or services are displayed and
13    offered for sale at the business location and (ii) a majority
14    of whose business involves consumers obtaining  the  products
15    or services from the business.
16        (d)  Enforcement  by  customer. Any customer injured by a
17    violation of this Act may bring an action for the recovery of
18    damages. Judgment may be entered for 3 times  the  amount  at
19    which  the  actual  damages  are  assessed,  plus  costs  and
20    reasonable attorney fees.
21        (e)  Enforcement by Attorney General. Violation of any of
22    the  provisions  of  this  Act  is an unlawful practice under
23    Section 2Z of  the  Consumer  Fraud  and  Deceptive  Business
24    Practices Act. All remedies, penalties, and authority granted
25    to the Attorney General by that Act shall be available to him
26    for the enforcement of this Act. In any action brought by the
27    Attorney  General  to  enforce  this Act, the court may order
28    that persons who  incurred  actual  damages  be  awarded  the
29    amount at which actual damages are assessed.
30    (Source: P.A. 91-182, eff. 1-1-00; 91-761, eff. 1-1-01.)

31        Section  99.  Effective date.  This Act takes effect upon
32    becoming law.

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