Illinois General Assembly - Full Text of SB2573
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Full Text of SB2573  100th General Assembly



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1    AN ACT concerning regulation.
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 Sections 5, 15, and 30 as follows:
6    (815 ILCS 305/5)  (from Ch. 134, par. 105)
7    Sec. 5. Definitions. For purpose of this Act:
8    (a) "Autodialer" or "Autodialer System" means any
9telephone dialing or accessing device, machine, computer or
10system capable of storing telephone numbers which is programmed
11to sequentially or randomly access the stored telephone numbers
12in order to automatically connect a telephone with a recorded
13message, the term does not include any device associated with a
14burglar alarm system, voice message system or fire alarm
16    (b) "Emergency Telephone Number" means any telephone
17number which accesses or calls a fire department, law
18enforcement agency, ambulance, hospital, medical center,
19poison control center, rape crisis center, suicide prevention
20center, rescue service, the 911 emergency access number
21provided by law enforcement agencies and police departments.
22    (c) "Recorded Message" means any artificial or recorded
23taped communication that includes or introduces an



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1advertisement or constitutes telemarketing soliciting the sale
2of goods or services without live voice interaction.
3    (d) "Voice Messaging System" means any message delivery
4service which utilizes an autodialer to deliver non-commercial
5messages to domestic and international recipients.
6    (e) "Subscriber" means:
7        (1) A person who has subscribed to telephone service
8    from a telephone company; or
9        (2) Other persons living or residing with the
10    subscribing person.
11    (f) "Caller ID" means the display to the recipient of the
12call the caller's telephone number or identity.
13    (g) "Telemarketing" means the initiation of a telephone
14call or message, that is transmitted to any person, for the
15purpose of encouraging the purchase or rental of, or investment
16in, property, goods, or services.
17    (h) "Prior express written consent" has the meaning
18ascribed to that term in 47 CFR 64.1200(f)(8).
19(Source: P.A. 91-182, eff. 1-1-00.)
20    (815 ILCS 305/15)  (from Ch. 134, par. 115)
21    Sec. 15. Method of operation.
22    (a) No person shall operate an autodialer in this State to
23place a telephone call during the hours between 9 p.m. and 9
25    (b) All autodialers operated within the State of Illinois



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1shall disconnect within 30 seconds after termination of the
2call by the subscriber or the autodialer. Where disconnection
3in 30 seconds is technically not feasible, the autodialer shall
4utilize a live operator who shall:
5        (1) state his name, the name, address and telephone
6    number of the business or organization being represented
7    and the purpose of the call; and
8        (2) inquire at the beginning of the call whether the
9    person called consents to hear the prerecorded message.
10    (c) An autodialer shall not be used to dial numbers
11determined by successively increasing or decreasing integers.
12    (d) An autodialer may not be operated in a manner that
13impedes the function of any caller ID when the telephone
14solicitor's service or equipment is capable of allowing the
15display of the solicitor's telephone number, or that provides
16inaccurate caller ID information in violation of 47 U.S.C.
17222(e) and the rules of the Federal Communications Commission
18implementing 47 U.S.C. 222(e).
19(Source: P.A. 91-182, eff. 1-1-00.)
20    (815 ILCS 305/30)  (from Ch. 134, par. 130)
21    Sec. 30. Violations.
22    (a) It is a violation of this Act to make or cause to be
23made telephone calls utilizing an autodialer to any emergency
24telephone number as defined in Section 5. It is a violation of
25this Act to make or cause to be made telephone calls utilizing



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1an autodialer in a manner that does not comply with Section 15.
2    (b) It is a violation of this Act to play a recorded
3prerecorded message placed by an autodialer without the (i)
4prior express written consent of the called party or (ii) the
5prior express written consent of the called party if the call
6is made by or on behalf of a tax-exempt nonprofit organization
7or is a call that delivers a health care message made by, or on
8behalf of, a covered entity or its business associate as those
9terms are defined in the Health Insurance Portability and
10Accountability Act of 1996 at 45 CFR 160.103.
11    (c) Enforcement by customer. Any customer injured by a
12violation of this Act may bring an action for the recovery of
13damages. Judgment may be entered for 3 times the amount at
14which the actual damages are assessed, plus costs and
15reasonable attorney fees.
16    (c-5) In addition to the damages authorized under
17subsection (c), a consumer may obtain statutory damages in the
18amount of $500 per violation.
19    (d) Enforcement by Attorney General. Violation of any of
20the provisions of this Act is an unlawful practice under
21Section 2Z of the Consumer Fraud and Deceptive Business
22Practices Act. All remedies, penalties and authority granted to
23the Attorney General by that Act shall be available to him for
24the enforcement of this Act. In any action brought by the
25Attorney General to enforce this Act, the court may order that
26persons who incurred actual damages be awarded the amount at



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1which actual damages are assessed. In addition to actual
2damages, a court may order that each person who received a call
3in violation of this Act be awarded statutory damages in the
4amount of $500 per violation.
5(Source: P.A. 98-546, eff. 8-26-13.)