101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5097

 

Introduced 2/18/2020, by Rep. Dave Severin

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 413/5
815 ILCS 413/15

    Amends the Telephone Solicitations Act. Bans the practice of call spoofing. Provides that call spoofing is the practice of failing to transmit or cause be transmitted the true telephone number.


LRB101 18136 JLS 67576 b

 

 

A BILL FOR

 

HB5097LRB101 18136 JLS 67576 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Telephone Solicitations Act is amended by
5changing Sections 5 and 15 as follows:
 
6    (815 ILCS 413/5)
7    Sec. 5. Definitions. For purposes of this Act:
8    "Caller ID" means the display to the recipient of the call
9of the caller's telephone number or identity.
10    "Call spoofing" means the practice of failing to transmit
11or cause to be transmitted the true telephone number and, if
12made available by the telemarketer's carrier, the name of the
13telemarketer to any caller identification service in use by a
14recipient of a telemarketing call; however, the name of the
15seller or charitable organization of behalf of which a
16telemarketing call is placed and the seller' or charitable
17organizations' telephone number that is answered during
18regular business hours may be substituted for the name and
19phone number used in, or billed for, making the call and not be
20"call spoofing".
21    "Emergency telephone number" means any telephone number
22which accesses or calls a fire department, law enforcement
23agency, ambulance, hospital, medical center, poison control

 

 

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1center, rape crisis center, suicide prevention center, rescue
2service, the 911 emergency access number provided by law
3enforcement agencies and police departments.
4    "Subscriber" means:
5        (1) A person who has subscribed to telephone service
6    from a telephone company; or
7        (2) Other persons living or residing with the
8    subscribing person.
9    "Telephone solicitation" means any communication through
10the use of a telephone by live operators for soliciting the
11sale of goods or services.
12(Source: P.A. 95-331, eff. 8-21-07.)
 
13    (815 ILCS 413/15)
14    Sec. 15. Method of operation.
15    (a) No person shall solicit the sale of goods or services
16in this State by placing a telephone call during the hours
17between 9 p.m. and 8 a.m.
18    (b) A live operator soliciting the sale of goods or
19services shall:
20        (1) immediately state his or her name, the name of the
21    business or organization being represented, and the
22    purpose of the call; and
23        (2) inquire at the beginning of the call whether the
24    person called consents to the solicitation; and
25        (3) if the person called requests to be taken off the

 

 

HB5097- 3 -LRB101 18136 JLS 67576 b

1    contact list of the business or organization, the operator
2    must refrain from calling that person again and take all
3    steps necessary to have that person's name and telephone
4    number removed from the contact records of the business or
5    organization so that the person will not be contacted again
6    by the business or organization. Compliance with Section
7    310.4(b) of the Federal Trade Commission's Telemarketing
8    Sales Rule shall constitute compliance with this
9    subsection (b)(3) of this Section.
10    (c) A person may not solicit the sale of goods or services
11by telephone in a manner that impedes the function of any
12caller ID when the telephone solicitor's service or equipment
13is capable of allowing the display of the solicitor's telephone
14number.
15    (d) A person may not make or cause to be made any telephone
16solicitation in a manner that incorporates the practice of call
17spoofing.
18(Source: P.A. 90-541, eff. 6-1-98; 91-182, eff. 1-1-00.)