HB5395 101ST GENERAL ASSEMBLY

LRB101 16625 JLS 66009 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5395

Introduced , by Rep. Lindsay Parkhurst - Tony McCombie - Avery Bourne - Grant Wehrli - Amy Grant

SYNOPSIS AS INTRODUCED:

815 ILCS 305/5	from Ch. 134, par. 105
815 ILCS 305/15	from Ch. 134, par. 115
815 ILCS 305/30	from Ch. 134, par. 130

Amends the Automatic Telephone Dialers Act. Redefines "recorded message" to mean any artificial or recorded communication that includes or introduces an advertisement or constitutes telemarketing without live voice interaction (rather than any taped communication soliciting the sale of goods or services without live voice interaction). Prohibits an autodialer from providing inaccurate caller ID information in violation of a specified federal law and regulations of the Federal Communications Commission. Provides that it is a violation of the Act to play a recorded message (rather than a prerecorded message) placed by an autodialer without the (i) prior express consent of the called party or (ii) the prior express written consent of the called party if the call is a call that delivers a health care message made by, or on behalf of, a covered entity or its business associate as those terms are defined in a specified provision of the Health Insurance Portability and Accountability Act of 1996. Defines "telemarketing" and "prior express written consent".

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 Automatic Telephone Dialers Act is amended by changing Sections 5, 15, and 30 as follows:

(815 ILCS 305/5) (from Ch. 134, par. 105)

Sec. 5. Definitions. For purpose of this Act:

(a) "Autodialer" or "Autodialer System" means any telephone dialing or accessing device, machine, computer or system capable of storing telephone numbers which is programmed to sequentially or randomly access the stored telephone numbers in order to automatically connect a telephone with a recorded message, the term does not include any device associated with a burglar alarm system, voice message system or fire alarm system.

(b) "Emergency Telephone Number" means any telephone number which accesses or calls a fire department, law enforcement agency, ambulance, hospital, medical center, poison control center, rape crisis center, suicide prevention center, rescue service, the 911 emergency access number provided by law enforcement agencies and police departments.

(c) "Recorded Message" means any artificial or recorded taped communication that includes or introduces an advertisement or constitutes telemarketing soliciting the sale of goods or services without live voice interaction.

(d) "Voice Messaging System" means any message delivery service which utilizes an autodialer to deliver non-commercial messages to domestic and international recipients.

(e) "Subscriber" means:

(1) A person who has subscribed to telephone service from a telephone company; or

(2) Other persons living or residing with the subscribing person.

(f) "Caller ID" means the display to the recipient of the call the caller's telephone number or identity.

(g) "Telemarketing" means the initiation of a telephone call or message, that is transmitted to any person, for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.

(h) "Prior express written consent" has the meaning ascribed to that term in 47 CFR 64.1200(f)(8).

(Source: P.A. 91-182, eff. 1-1-00.)

(815 ILCS 305/15) (from Ch. 134, par. 115)

Sec. 15. Method of operation.

(a) No person shall operate an autodialer in this State to place a telephone call during the hours between 9 p.m. and 9 a.m.

(b) All autodialers operated within the State of Illinois shall disconnect within 30 seconds after termination of the call by the subscriber or the autodialer. Where disconnection in 30 seconds is technically not feasible, the autodialer shall utilize a live operator who shall:

(1) state his name, the name, address and telephone number of the business or organization being represented and the purpose of the call; and

(2) inquire at the beginning of the call whether the person called consents to hear the prerecorded message.

(c) An autodialer shall not be used to dial numbers determined by successively increasing or decreasing integers.

(d) An autodialer may not be operated in a manner that impedes the function of any caller ID when the telephone solicitor's service or equipment is capable of allowing the display of the solicitor's telephone number, or that provides inaccurate caller ID information in violation of 47 U.S.C. 227(e) and the rules of the Federal Communications Commission implementing 47 U.S.C. 227(e).

(Source: P.A. 91-182, eff. 1-1-00.)

(815 ILCS 305/30) (from Ch. 134, par. 130)

Sec. 30. Violations.

(a) It is a violation of this Act to make or cause to be made telephone calls utilizing an autodialer to any emergency telephone number as defined in Section 5. It is a violation of this Act to make or cause to be made telephone calls utilizing an autodialer in a manner that does not comply with Section 15.

(b) It is a violation of this Act to play a recorded prerecorded message placed by an autodialer without (i) the prior express written consent of the called party or (ii) the prior express consent of the called party if the call is a call that delivers a health care message made by, or on behalf of, a covered entity or its business associate as those terms are defined in the Health Insurance Portability and Accountability Act of 1996 at 45 CFR 160.103.

(c) Enforcement by customer. Any customer injured by a violation of this Act may bring an action for the recovery of damages. Judgment may be entered for 3 times the amount at which the actual damages are assessed, plus costs and reasonable attorney fees.

(c-5) In addition to the damages authorized under subsection (c), a consumer may obtain statutory damages in the amount of $500 per violation.

(d) Enforcement by Attorney General. Violation of any of the provisions of this Act is an unlawful practice under Section 2Z of the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties and authority granted to the Attorney General by that Act shall be available to him for the enforcement of this Act. In any action brought by the Attorney General to enforce this Act, the court may order that persons who incurred actual damages be awarded the amount at which actual damages are assessed. In addition to actual damages, a court may order that each person who received a call in violation of this Act be awarded statutory damages in the amount of $500 per violation.

(Source: P.A. 98-546, eff. 8-26-13.)