HB4990 103RD GENERAL ASSEMBLY

LRB103 35595 SPS 65668 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4990

Introduced 2/8/2024, by Rep. Ryan Spain

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2EEEE new

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice within the meaning of the Act for a telecommunications carrier, in connection with any telecommunications service or voice over Internet protocol service, to transmit through any caller identification service misleading or inaccurate caller identification information. Provides that the Attorney General shall create and maintain a website that allows persons in the State who were transmitted misleading or inaccurate caller identification information through a telecommunications service or voice over Internet protocol service to report the incident to the Attorney General. Provides that the Attorney General shall use the information collected on the website to enforce the provision. Sets forth exceptions to the provision.

A BILL FOR

AN ACT concerning business.

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

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2EEEE as follows:

(815 ILCS 505/2EEEE new)

Sec. 2EEEE. Telecommunications carriers; misleading or inaccurate caller identification.

(a) As used in this Section:

"Caller identification information" means the name, telephone number, or other identifying data of the person or entity originating a call using a telecommunications service or voice over Internet protocol service.

"Caller identification service" means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or voice over Internet protocol service. "Caller identification service" includes automatic number identification services.

"Telecommunications carrier" has the same meaning ascribed to that term in Section 13-202 of the Public Utilities Act.

(b) It is an unlawful practice within the meaning of this Act for a telecommunications carrier, in connection with any telecommunications service or voice over Internet protocol service, to transmit through any caller identification service misleading or inaccurate caller identification information.

(c) The Attorney General shall create and maintain a website that allows persons in this State who were transmitted misleading or inaccurate caller identification information through a telecommunications service or voice over Internet protocol service to report the incident to the Attorney General. The website shall collect, at a minimum, the following information in connection with a report:

(1) the person's name;

(2) the person's location;

(3) the person's telecommunication's carrier; and

(4) a description of the content of the call.

The Attorney General shall use the information collected under this subsection to enforce the provisions of this Section.

(d) This Section does not apply to:

(1) any blocking of caller identification information;

(2) any authorized activity of a municipal, State, or federal law enforcement agency;

(3) any authorized activity of a federal intelligence or security agency; or

(4) any duly authorized process server that is used in connection with a civil, criminal, administrative, or arbitral proceeding, including the service of process, the investigation in anticipation of litigation, the execution or enforcement of judgments, or compliance with the orders of any court.