SB2136 EngrossedLRB098 06596 WGH 36639 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 Automatic Telephone Dialers Act is amended  
5by changing Section 30 and  by adding Section 22 as follows:
 
6    (815 ILCS 305/22 new)
7    Sec. 22. Recordkeeping.
8    (a) A person who operates an autodialer to communicate a 
9commercial message shall maintain a list of all telephone 
10numbers called.
11    (b) A person who operates an autodialer to communicate a 
12commercial message shall maintain records to sufficiently 
13document any exemption claimed under Section 20 of this Act.
 



14    (815 ILCS 305/30)  (from Ch. 134, par. 130)



15    Sec. 30. Violations. 

16    (a) It is a violation of this Act to make or cause to be

17made
telephone calls utilizing an autodialer to any emergency 
18telephone number
as defined in Section 5.
It is a violation of 
19this Act to make or cause to be made telephone calls
utilizing 
20an autodialer in a manner that does not comply with Section 15.

21    (b) It is a violation of this Act to play a
prerecorded

22message placed by an autodialer without the consent of the 
 
 
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1called party.

2    (c) Enforcement by customer. Any customer injured by a 
3violation of this
Act may bring an action for the recovery of 
4damages. Judgment may be
entered for 3 times the amount at 
5which the actual damages are assessed,
plus costs and 
6reasonable attorney fees.

7    (c-5) In addition to the damages authorized under 
8subsection (c), a consumer may obtain statutory damages in the 
9amount of $500 per violation. 
10    (d) Enforcement by Attorney General. Violation of any of 
11the provisions
of this Act is an unlawful practice under 
12Section 2Z of the Consumer
Fraud
and Deceptive Business 
13Practices Act. All remedies, penalties and authority
granted to 
14the Attorney General by that Act shall be available to him for

15the enforcement of this Act. In any action brought by the 
16Attorney General
to enforce this Act, the court may order that 
17persons who incurred actual
damages be awarded the amount at 
18which actual damages are assessed. In addition to actual 
19damages, a court may order that each person who received a call 
20in violation of this Act be awarded statutory damages in the 
21amount of $500 per violation. 

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

 
23    Section 10. The Restricted Call Registry Act is amended  by 
24adding Sections 45 and 50 as follows:
 
 
 
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1    (815 ILCS 402/45 new)
2    Sec. 45. Recordkeeping.
3    (a) A person who makes or causes to be made calls to 
4communicate a commercial message subject to this Act shall 
5maintain a list of all telephone numbers called.
6    (b) A person who makes or causes to be made calls to 
7communicate a commercial message subject to this Act shall 
8maintain records to sufficiently document any exemption 
9claimed under Section 40 of this Act.
 
10    (815 ILCS 402/50 new)
11    Sec. 50. Enforcement by subscriber. Any subscriber who 
12receives a call in violation of this Act may bring an action 
13for the recovery of damages. In addition to actual damages, if 
14any, the subscriber may obtain statutory damages in the amount 
15of $500 per violation.
 
 
16    Section 99. Effective date. This Act takes effect upon 
17becoming law.