Sen. Pamela J. Althoff
Filed: 4/19/2013
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 2136




2    AMENDMENT NO. ______. Amend Senate Bill 2136 by replacing 
3everything after the enacting clause with the following:


 
 
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. 

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

2made
telephone calls utilizing an autodialer to any emergency 
3telephone number
as defined in Section 5.
It is a violation of 
4this Act to make or cause to be made telephone calls
utilizing 
5an autodialer in a manner that does not comply with Section 15.

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

7message placed by an autodialer without the consent of the 
8called party.

9    (c) Enforcement by customer. Any customer injured by a 
10violation of this
Act may bring an action for the recovery of 
11damages. Judgment may be
entered for 3 times the amount at 
12which the actual damages are assessed,
plus costs and 
13reasonable attorney fees.

14    (c-5) In addition to the damages authorized under 
15subsection (c), a consumer may obtain statutory damages in the 
16amount of $500 per violation. 
17    (d) Enforcement by Attorney General. Violation of any of 
18the provisions
of this Act is an unlawful practice under 
19Section 2Z of the Consumer
Fraud
and Deceptive Business 
20Practices Act. All remedies, penalties and authority
granted to 
21the Attorney General by that Act shall be available to him for

22the enforcement of this Act. In any action brought by the 
23Attorney General
to enforce this Act, the court may order that 
24persons who incurred actual
damages be awarded the amount at 
25which actual damages are assessed. In addition to actual 
26damages, a court may order that each person who received a call 
 
 
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1in violation of this Act be awarded statutory damages in the 
2amount of $500 per violation. 

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

 
4    Section 10. The Restricted Call Registry Act is amended  by 
5adding Sections 45 and 50 as follows:
 
6    (815 ILCS 402/45 new)
7    Sec. 45. Recordkeeping.
8    (a) A person who makes or causes to be made calls to 
9communicate a commercial message subject to this Act shall 
10maintain a list of all telephone numbers called.
11    (b) A person who makes or causes to be made calls to 
12communicate a commercial message subject to this Act shall 
13maintain records to sufficiently document any exemption 
14claimed under Section 40 of this Act.
 
15    (815 ILCS 402/50 new)
16    Sec. 50. Enforcement by subscriber. Any subscriber who 
17receives a call in violation of this Act may bring an action 
18for the recovery of damages. In addition to actual damages, if 
19any, the subscriber may obtain statutory damages in the amount 
20of $500 per violation.
 
 
21    Section 99. Effective date. This Act takes effect upon 
22becoming law.".