Rep. Elaine Nekritz
Filed: 3/30/2004
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1 | AMENDMENT TO HOUSE BILL 4432
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2 | AMENDMENT NO. ______. Amend House Bill 4432 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Restricted Call Registry Act is amended by | ||||||
5 | changing Section 5 as follows:
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6 | (815 ILCS 402/5)
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7 | Sec. 5. Definitions
Definitions . As used in this Act:
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8 | (a) "Residential subscriber" means a person or spouse who | ||||||
9 | has subscribed to
either residential telephone service from a | ||||||
10 | local exchange company or public
mobile services, as defined by | ||||||
11 | Section 13-214 of the Public Utilities Act, a
guardian of the | ||||||
12 | person or the person's spouse, or an individual who has power
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13 | of attorney from or an authorized agent of the person or the | ||||||
14 | person's spouse.
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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 or | ||||||
18 | entity and an existing customer under which both parties
have a | ||||||
19 | course of conduct or established pattern of activity for | ||||||
20 | commercial or
mercantile purposes and for the benefit or profit | ||||||
21 | of both parties. A pattern of
activity does not necessarily | ||||||
22 | mean multiple previous contacts. The established
business | ||||||
23 | relationship must exist between the existing customer and the | ||||||
24 | person
or entity directly, and does not extend to any related |
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1 | business entity or other
business organization of the person or | ||||||
2 | entity or related to the person or
entity or the person or | ||||||
3 | entity's agent including but not limited to a parent
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4 | corporation, subsidiary partnership, company or other | ||||||
5 | corporation or affiliate.
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6 | (c) "Existing customer" means an individual who has either:
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7 | (1) entered into a transaction, agreement, contract, | ||||||
8 | or other legal state
of affairs between a person or entity | ||||||
9 | and a residential subscriber under which
the payment or | ||||||
10 | exchange of consideration for any goods or services has | ||||||
11 | taken
place within the preceding 18 months or has been | ||||||
12 | arranged to take place at a
future time; or
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13 | (2) opened or maintained a debit account, credit card | ||||||
14 | account, or other
credit or discount program offered by or | ||||||
15 | in conjunction with the person or
entity and has
not | ||||||
16 | requested the person or entity to close such account or | ||||||
17 | terminate such
program.
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18 | (d) "Registry" means the Restricted Call Registry | ||||||
19 | established under this
Act.
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20 | (e) "Telephone solicitation" means any voice communication | ||||||
21 | over a telephone
line from a live operator, through the use of | ||||||
22 | an autodialer or autodialer
system, as defined in Section 5 of | ||||||
23 | the Automatic Telephone Dialers Act, or by
other means for the | ||||||
24 | purpose of encouraging the purchase or rental of, or
investment | ||||||
25 | in, property, goods, or services, or for the purposes of | ||||||
26 | soliciting
charitable contributions but does not include | ||||||
27 | communications:
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28 | (1) to any residential subscriber with that | ||||||
29 | subscriber's prior express
invitation or permission when a | ||||||
30 | voluntary 2-way communication between a person
or entity | ||||||
31 | and a residential subscriber has occurred with or without | ||||||
32 | an exchange
of consideration. A telephone solicitation is | ||||||
33 | presumed not to be made at the
express request of a | ||||||
34 | subscriber if one of the following occurs, as applicable:
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1 | (A) The telephone solicitation is made 30 business | ||||||
2 | days after the last
date on which the subscriber | ||||||
3 | contacted a business with the purpose of inquiring
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4 | about the potential purchase of goods or services.
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5 | (B) The telephone solicitation is made 30 business | ||||||
6 | days after the last
date on which the subscriber | ||||||
7 | consented to be contacted.
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8 | (C) The telephone solicitation is made 30 business | ||||||
9 | days after a
product or service becomes available where | ||||||
10 | the subscriber has made a request to
the business for | ||||||
11 | that product or service that is not then available, and
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12 | requests a call when the product or service becomes | ||||||
13 | available;
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14 | (2) by or on behalf of any person or entity with whom a | ||||||
15 | residential
subscriber has an established business | ||||||
16 | relationship which has not been
terminated in writing by | ||||||
17 | either party and which is related to the nature of the
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18 | established business relationship;
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19 | (3) by or on behalf of any person or entity with whom a | ||||||
20 | residential
subscriber is an existing customer, unless the | ||||||
21 | customer has stated to the
person or entity or the person | ||||||
22 | or entity's agent that he or she no longer
wishes to | ||||||
23 | receive the telemarketing sales calls of the person or | ||||||
24 | entity, or
unless the nature of the call is unrelated to | ||||||
25 | the established business
relationship with the existing | ||||||
26 | customer;
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27 | (4) by or on behalf of an organization that is exempt
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28 | from federal income taxation under Section 501(c) of the | ||||||
29 | Internal Revenue Code,
but only if the person making the | ||||||
30 | telephone solicitation immediately discloses
all of the | ||||||
31 | following information upon making contact with the | ||||||
32 | consumer:
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33 | (A) the caller's true first and last name; and
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34 | (B) the name, address, and telephone number of the
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1 | organization;
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2 | (5) by or on behalf of an individual licensed under the | ||||||
3 | Real Estate
License Act of 2000 or as an insurance producer | ||||||
4 | under the Illinois Insurance
Code who either:
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5 | (A) is setting or attempting to set a face to face | ||||||
6 | appointment for
actions relating to that individual's | ||||||
7 | real estate or insurance business; or
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8 | (B) is encouraging or attempting to encourage the | ||||||
9 | purchase or rental of,
or investment in, property, | ||||||
10 | goods, or services, which cannot be completed, and
for | ||||||
11 | which payment or authorization of payment is not | ||||||
12 | required, until after a
written or electronic | ||||||
13 | agreement is signed by the residential subscriber; or
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14 | (6) until July 1, 2005, by or on behalf of any entity
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15 | over which the Federal Communications Commission or the | ||||||
16 | Illinois
Commerce Commission has regulatory authority to | ||||||
17 | the extent that,
subject to that authority, the entity is | ||||||
18 | required to maintain a
license, permit, or certificate to | ||||||
19 | sell or provide
telecommunications service, as defined in | ||||||
20 | Section 13-203 of the
Public Utilities Act, while the | ||||||
21 | entity is engaged in telephone
solicitation for | ||||||
22 | inter-exchange telecommunications service, as
defined in | ||||||
23 | Section 13-205 of the Public Utilities Act, or local
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24 | exchange telecommunications service, as defined in Section | ||||||
25 | 13-204
of the Public Utilities Act
or to the extent, | ||||||
26 | subject to the regulatory authority of
the Federal | ||||||
27 | Communications Commission, the entity is defined by Title | ||||||
28 | 47
Section 522(5) of the United States Code, or providers | ||||||
29 | of information services
as defined by Title 47 Section | ||||||
30 | 153(20) of the United States Code.
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31 | (Source: P.A. 92-795, eff. 8-9-02.)".
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