Full Text of SB1132 103rd General Assembly
SB1132sam001 103RD GENERAL ASSEMBLY | Sen. Tom Bennett Filed: 4/10/2024 | | 10300SB1132sam001 | | LRB103 05574 SPS 70478 a |
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| 1 | | AMENDMENT TO SENATE BILL 1132
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1132 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Telephone Solicitations Act is amended by | 5 | | changing Sections 5 and 15 as follows: | 6 | | (815 ILCS 413/5) | 7 | | Sec. 5. Definitions. For purposes of this Act: | 8 | | "Caller ID" means the display to the recipient of the call | 9 | | of the caller's telephone number or identity. | 10 | | "Emergency telephone number" means any telephone number | 11 | | which accesses or calls a fire department, law enforcement | 12 | | agency, ambulance, hospital, medical center, poison control | 13 | | center, rape crisis center, suicide prevention center, rescue | 14 | | service, the 911 emergency access number provided by law | 15 | | enforcement agencies and police departments. | 16 | | "Spoof" or "spoofing" means to deliberately falsify the |
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| 1 | | information transmitted on a caller ID display to disguise an | 2 | | identity or phone number. | 3 | | "Subscriber" means: | 4 | | (1) A person who has subscribed to telephone service | 5 | | from a telephone company; or | 6 | | (2) Other persons living or residing with the | 7 | | subscribing person. | 8 | | "Telephone solicitation" means any communication through | 9 | | the use of a telephone by live operators for soliciting the | 10 | | sale of goods or services. | 11 | | (Source: P.A. 95-331, eff. 8-21-07.) | 12 | | (815 ILCS 413/15) | 13 | | Sec. 15. Method of operation. | 14 | | (a) No person shall solicit the sale of goods or services | 15 | | in this State by placing a telephone call during the hours | 16 | | between 9 p.m. and 8 a.m. | 17 | | (b) A live operator soliciting the sale of goods or | 18 | | services shall: | 19 | | (1) immediately state his or her name, the name of the | 20 | | business or organization being represented, and the | 21 | | purpose of the call; and | 22 | | (2) inquire at the beginning of the call whether the | 23 | | person called consents to the solicitation; and | 24 | | (3) if the person called requests to be taken off the | 25 | | contact list of the business or organization, the operator |
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| 1 | | must refrain from calling that person again and take all | 2 | | steps necessary to have that person's name and telephone | 3 | | number removed from the contact records of the business or | 4 | | organization so that the person will not be contacted | 5 | | again by the business or organization. Compliance with | 6 | | Section 310.4(b) of the Federal Trade Commission's | 7 | | Telemarketing Sales Rule shall constitute compliance with | 8 | | this paragraph subsection (b)(3) of this Section . | 9 | | (b-5) Any telephone call soliciting the sale of goods or | 10 | | services placed in a manner other than by live operator shall: | 11 | | (1) immediately state the business or organization | 12 | | being represented and the purpose of the call; | 13 | | (2) prompt the person called to confirm whether the | 14 | | person consents to solicitation, either by audio | 15 | | confirmation or selection of a number on the phone; and | 16 | | (3) if the person called does not consent to | 17 | | solicitation, refrain from calling that person again and | 18 | | take all steps necessary to have that person's name and | 19 | | telephone number removed from the contact records of the | 20 | | business or organization so that the person will not be | 21 | | contacted again by the business or organization. | 22 | | Compliance with Section 310.4(b) of the Federal Trade | 23 | | Commission's Telemarketing Sales Rule shall constitute | 24 | | compliance with this paragraph. | 25 | | (c) A person , business, or organization may not solicit | 26 | | the sale of goods or services by telephone in a manner that |
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| 1 | | impedes the function of any caller ID when the telephone | 2 | | solicitor's service or equipment is capable of allowing the | 3 | | display of the solicitor's telephone number. | 4 | | (d) A person, business, or organization may not spoof a | 5 | | caller's information or otherwise cause misleading information | 6 | | to be transmitted to a recipient's caller ID or to otherwise | 7 | | misrepresent the origin of a telemarketing call, unless the | 8 | | person, business, or organization has a right to use the name | 9 | | and the phone number displayed. | 10 | | (Source: P.A. 90-541, eff. 6-1-98; 91-182, eff. 1-1-00.)". |
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