FRANKS-MCKEON-CURRY,JULIE-FRITCHEY. New Act 30 ILCS 105/5.545 new 815 ILCS 413/Act rep. 815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z 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 promptly and in a clear and conspicuous manner during a telephone solicitation. Requires the telemarketer, within 10 days of a telemarketing sale, to furnish the consumer with written confirmation of the telemarketing sale. 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 (and amends the Consumer Fraud and Deceptive Business Practices Act by adding a cross-reference to the new 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. FISCAL NOTE (Attorney General) Total annual fiscal impact to handle the new Telemarketer Registration Act duties would be $558,000. CORRECTIONAL NOTE (Department of Corrections) There would be no population or cost impact to the Department. HOUSE AMENDMENT NO. 1. Deletes everything after the enacting clause. 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 promptly and in a clear and conspicuous manner and requires the telemarketer to send the consumer written confirmation. 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. Amends the Consumer Fraud and Deceptive Business Practices Act to make a violation of the Telemarketing Registration and Fraud Prevention Act an unlawful practice under that Act. Repeals the Telephone Solicitations Act. FISCAL NOTE, H-AM 1 (Attorney General) There has been no change from the prior fiscal note. FEB-02-2001 H FILED WITH CLERK FEB-05-2001 H FIRST READING FEB-05-2001 H REFERRED TO HOUSE RULES COMMITTEE RULES FEB-06-2001 H ADDED AS A JOINT SPONSOR MCKEON FEB-07-2001 H ASSIGNED TO COMMITTEE CONSUMER PROT FEB-09-2001 H FISCAL NOTE FILED FEB-09-2001 H COMMITTEE CONSUMER PROT FEB-14-2001 H ADDED AS A JOINT SPONSOR CURRY,JULIE FEB-22-2001 H ADDED AS A JOINT SPONSOR FRITCHEY MAR-05-2001 H CORRECTIONAL NOTE FILED MAR-05-2001 H COMMITTEE CONSUMER PROT MAR-14-2001 H AMENDMENT NO. 01-CONSUMER PROT H MAR-14-2001 H ADOPTED MAR-14-2001 H DO PASS AMENDED/SHORT DEBATE 010-000-001 HCON MAR-14-2001 H PLACED CALENDAR 2ND READING-SHORT DEBATE MAR-26-2001 H FISCAL NOTE FILED AS AMENDED BY HOUSE AMEND #1 MAR-26-2001 H CALENDAR ORDER 2ND READING-SHORT DEBATE APR-04-2001 H SECOND READING-SHORT DEBATE APR-04-2001 H HELD ON CAL ORDER 2ND RDG - SHORT DEBATE APR-06-2001 H RE-REFERRED TO RULES COMM/RULE 19(A) RULES HRUL JAN-07-2003 H SESSION SINE DIE END OF INQUIRY Full Text Bill Summary