Full Text of SB2225 102nd General Assembly
SB2225eng 102ND GENERAL ASSEMBLY
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Telephone Solicitations Act is amended by
changing Sections 5 and 15 as follows:
(815 ILCS 413/5)
For purposes of this Act:
"Caller ID" means the display to the recipient
of the call
of the caller's telephone number or identity.
"Emergency telephone number" means any telephone number
or calls a fire department, law enforcement
agency, ambulance, hospital,
medical center, poison control
center, rape crisis center, suicide prevention
service, the 911 emergency access number provided by law
enforcement agencies and police departments.
"Spoof" or "spoofing" means to deliberately falsify the
information transmitted on a caller ID display to disguise an
identity or phone number.
(1) A person who has subscribed to telephone service
from a telephone
(2) Other persons living or residing with the
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"Telephone solicitation" means any communication through
the use of
by live operators
for soliciting the
sale of goods or services.
(Source: P.A. 95-331, eff. 8-21-07.)
(815 ILCS 413/15)
Method of operation.
(a) No person shall solicit the sale of goods or services
in this State
by placing a
telephone call during the hours
between 9 p.m. and 8 a.m.
(b) A live operator soliciting the sale of goods or
(1) immediately state his or her name, the name
business or organization being represented, and the
purpose of the call;
(2) inquire at the beginning of the call whether
person called consents to the solicitation; and
(3) if the person called requests to be taken off the
list of the business or organization, the operator
from calling that person again and take all
steps necessary to have that
person's name and telephone
number removed from the contact records of the
organization so that the person will not be contacted
the business or organization.
Section 310.4(b) of the Federal Trade Commission's
Telemarketing Sales Rule shall constitute compliance with
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(b)(3) of this Section.
(b-5) Any telephone call soliciting the sale of goods or
services placed in a manner other than by live operator shall:
(1) immediately state the business or organization
being represented, and the purpose of the call;
(2) prompt the person called to confirm whether the
person consents to solicitation, either by audio
confirmation or selection of a number on the phone; and
(3) if the person called does not consent to
solicitation, refrain from calling that person again and
take all steps necessary to have that person's name and
telephone number removed from the contact records of the
business or organization so that the person will not be
contacted again by the business or organization.
Compliance with Section 310.4(b) of the Federal Trade
Commission's Telemarketing Sales Rule shall constitute
compliance with subsection (b-5)(3) of this Section.
(c) A person
, business, or organization
may not solicit
the sale of goods or services by telephone in
a manner that
impedes the function of any caller ID when the telephone
solicitor's service or equipment is capable of allowing the
display of the
solicitor's telephone number.
(d) A person, business, or organization may not spoof a
caller's information or otherwise cause misleading information
to be transmitted to a recipient's caller ID or to otherwise
misrepresent the origin of a telemarketing call, unless the
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person, business or organization has a right to use the name
and the phone number displayed.
(Source: P.A. 90-541, eff. 6-1-98; 91-182, eff. 1-1-00.)