093_HB3669eng HB3669 Engrossed LRB093 11038 MBS 11721 b 1 AN ACT concerning consumer protection. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Restricted Call Registry Act is amended 5 by changing Section 5 as follows: 6 (815 ILCS 402/5) 7 Sec. 5. Definitions.As usedIn this Act: 8 (a) "Residential subscriber" means a person or spouse 9 who has subscribed to either residential telephone service 10 from a local exchange company or public mobile services, as 11 defined by Section 13-214 of the Public Utilities Act, a 12 guardian of the person or the person's spouse, or an 13 individual who has power of attorney from or an authorized 14 agent of the person or the person's spouse. 15 (b) "Established business relationship" means the 16 existence of an oral or written transaction, agreement, 17 contract, or other legal state of affairs involving a person 18 or entity and an existing customer under which both parties 19 have a course of conduct or established pattern of activity 20 for commercial or mercantile purposes and for the benefit or 21 profit of both parties. A pattern of activity does not 22 necessarily mean multiple previous contacts. The established 23 business relationship must exist between the existing 24 customer and the person or entity directly, and does not 25 extend to any related business entity or other business 26 organization of the person or entity or related to the person 27 or entity or the person or entity's agent including but not 28 limited to a parent corporation, subsidiary partnership, 29 company or other corporation or affiliate. 30 (c) "Existing customer" means an individual who has 31 either: HB3669 Engrossed -2- LRB093 11038 MBS 11721 b 1 (1) entered into a transaction, agreement, 2 contract, or other legal state of affairs between a 3 person or entity and a residential subscriber under which 4 the payment or exchange of consideration for any goods or 5 services has taken place within the preceding 18 months 6 or has been arranged to take place at a future time; or 7 (2) opened or maintained a debit account, credit 8 card account, or other credit or discount program offered 9 by or in conjunction with the person or entity and has 10 not requested the person or entity to close such account 11 or terminate such program. 12 (d) "Registry" means the Restricted Call Registry 13 established under this Act. 14 (e) "Telephone solicitation" means any voice 15 communication over a telephone line from a live operator, 16 through the use of an autodialer or autodialer system, as 17 defined in Section 5 of the Automatic Telephone Dialers Act, 18 or by other means for the purpose of encouraging the purchase 19 or rental of, or investment in, property, goods, or services, 20 or for the purposes of soliciting charitable contributions 21 but does not include communications: 22 (1) to any residential subscriber with that 23 subscriber's prior express invitation or permission when 24 a voluntary 2-way communication between a person or 25 entity and a residential subscriber has occurred with or 26 without an exchange of consideration. A telephone 27 solicitation is presumed not to be made at the express 28 request of a subscriber if one of the following occurs, 29 as applicable: 30 (A) The telephone solicitation is made 30 31 business days after the last date on which the 32 subscriber contacted a business with the purpose of 33 inquiring about the potential purchase of goods or 34 services. HB3669 Engrossed -3- LRB093 11038 MBS 11721 b 1 (B) The telephone solicitation is made 30 2 business days after the last date on which the 3 subscriber consented to be contacted. 4 (C) The telephone solicitation is made 30 5 business days after a product or service becomes 6 available where the subscriber has made a request to 7 the business for that product or service that is not 8 then available, and requests a call when the product 9 or service becomes available; 10 (2) by or on behalf of any person or entity with 11 whom a residential subscriber has an established business 12 relationship which has not been terminated in writing by 13 either party and which is related to the nature of the 14 established business relationship; 15 (3) by or on behalf of any person or entity with 16 whom a residential subscriber is an existing customer, 17 unless the customer has stated to the person or entity or 18 the person or entity's agent that he or she no longer 19 wishes to receive the telemarketing sales calls of the 20 person or entity, or unless the nature of the call is 21 unrelated to the established business relationship with 22 the existing customer; 23 (4) by or on behalf of an organization that is 24 exempt from federal income taxation under Section 501(c) 25 of the Internal Revenue Code, but only if the person 26 making the telephone solicitation immediately discloses 27 all of the following information upon making contact with 28 the consumer: 29 (A) the caller's true first and last name; and 30 (B) the name, address, and telephone number of 31 the organization; 32 (5) by or on behalf of an individual licensed under 33 the Real Estate License Act of 2000 or as an insurance 34 producer under the Illinois Insurance Code who either: HB3669 Engrossed -4- LRB093 11038 MBS 11721 b 1 (A) is setting or attempting to set a face to 2 face appointment for actions relating to that 3 individual's real estate or insurance business; or 4 (B) is encouraging or attempting to encourage 5 the purchase or rental of, or investment in, 6 property, goods, or services, which cannot be 7 completed, and for which payment or authorization of 8 payment is not required, until after a written or 9 electronic agreement is signed by the residential 10 subscriber; or 11 (6) until July 1, 2005, by or on behalf of any 12 entity over which the Federal Communications Commission 13 or the Illinois Commerce Commission has regulatory 14 authority to the extent that, subject to that authority, 15 the entity is required to maintain a license, permit, or 16 certificate to sell or provide telecommunications 17 service, as defined in Section 13-203 of the Public 18 Utilities Act, while the entity is engaged in telephone 19 solicitation for inter-exchange telecommunications 20 service, as defined in Section 13-205 of the Public 21 Utilities Act, or local exchange telecommunications 22 service, as defined in Section 13-204 of the Public 23 Utilities Act or to the extent, subject to the regulatory 24 authority of the Federal Communications Commission, the 25 entity is defined by Title 47 Section 522(5) of the 26 United States Code, or providers of information services 27 as defined by Title 47 Section 153(20) of the United 28 States Code. 29 (Source: P.A. 92-795, eff. 8-9-02.)