815 ILCS 520/ Pay-Per-Call Services Consumer Protection Act.

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

815 ILCS 520/1

(815 ILCS 520/1) (from Ch. 134, par. 151)

Sec. 1.

Short title.

This Act may be cited as the Pay-Per-Call Services Consumer Protection Act.

(Source: P.A. 87-452.)

815 ILCS 520/5

(815 ILCS 520/5) (from Ch. 134, par. 155)

Sec. 5.

Definitions.

As used in this Act, the following terms have
the meanings set forth herein.

"Pay-per-call" means a call made by means of a 10 digit numbering
sequence under which the caller is billed for the call made to a sponsor of
an information program.

"Sponsor" means the provider of an information program that charges a fee
to a caller by a telephone bill.

"Delayed timing of information charges" means a service feature that
delays commencement of billing of charges for a minimum of 12 seconds in
order to provide the information required by subsection (b) of Section 10.

(Source: P.A. 87-452.)

815 ILCS 520/10

(815 ILCS 520/10) (from Ch. 134, par. 160)

Sec. 10.

Rules applicable to the pay-per-call industry.

(a) Each sponsor engaged in furnishing any live, recorded, or
recorded-interactive audio text information services including, but not limited
to, "900" numbers and "976" numbers shall utilize advertising that accurately
describes the message content, terms, conditions, and price of the offered
service in a clear and understandable manner in all print, broadcast, or
telephone advertising and announcements promoting their offers including:

(1) The charges for the offer per call or per minute.

(2) Any geographic, time of day, or other limitations

on the availability of the offer.

(3) A requirement that callers under 12 years of age

must request parental or adult guardian permission before calling to hear the offer.

(4) Display the charges in broadcast advertising with

the telephone numbers and a voice announcement of the charges during the course of the commercials.

(5) Repeated voice announcements of these charges at

regular intervals for commercials in excess of 2 minutes.

(6) Charges for all subsequent calls if the program

refers to and requires another pay-per-call.

(b) The sponsor shall provide a minimum of 12 seconds of delayed timing
for information charges and price disclosure message.  If the delayed
timing period is exceeded, a consumer shall be billed from the time of the
initial connection, and transport charges shall be billed to the
information provider from the time of the initial connection.  If the
consumer disconnects the call within the delayed timing period, no
information charge shall be billed to the caller.  During the delayed
timing period, the sponsor shall inform the consumer of all of the following:

(1) An accurate description of the service that will

be provided to the caller.

(2) An accurate summation of the cost of the service

including, but not limited to, all of the following:

(A) The initial flat rate charge, if any.

(B) The per minute charge, if any.

(C) The maximum per call charge.

(3) That, if the caller disconnects the call within

the delayed timing period, the consumer will not be charged for the call.

(4) Before the end of the delayed timing period, that

the billing will commence after a stated period of not less than 3 seconds.

(c) This information shall be provided at the beginning of every call
and at least 3 seconds shall be allowed at the end of the message within
the delayed timing period for the consumer to hang up without being charged.
An introductory message, however, is not required if the cost of the call
is $1 or less per minute or the total potential cost of the call is $5 or
less, or if the call is related to polling services, asynchronous
technology or political fundraising.

(d) Games of chance must, at a minimum, meet the following criteria:

(1) The game must be operated as a means of promoting

goods or services other than the game itself.

(2) A no-purchase alternative method of participating

must be available that provides all entrants, including non-purchasers and pay-per-call users, with an equal chance of winning.

(3) The prize may not be financed from the proceeds

of the program sponsor's billed charges.

(4) The prize amount or value is not dependent on the

number of entries received.

(e) Game programs billed as pay-per-call shall include in the official
rules and, in all broadcasts and print advertising of the game, a complete
statement that includes all of the following:

(1) Declares no purchase is necessary to play for

free or that an alternate means of entry is provided.

(2) Lists the sponsor's name, starting and closing

dates, any age restrictions for the participants, and availability of complete official rules.

(3) Provides callers with sufficient information to

participate fully in the game.

(f) The provisions of subsections (d) and (e) of this Section do not
apply to any game of chance sponsored directly or indirectly by the
Department of the Lottery.

(Source: P.A. 87-452.)

815 ILCS 520/11

(815 ILCS 520/11) (from Ch. 134, par. 161)

Sec. 11.

Identification of information provider.

The
telecommunication carrier of any pay-per-call telephone information service
must provide, upon verbal or written request, the name, address and
telephone number of the actual provider of information service.

(Source: P.A. 87-452; 87-895.)

815 ILCS 520/15

(815 ILCS 520/15) (from Ch. 134, par. 165)

Sec. 15.

Violations.

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

(b) Enforcement by Attorney General.  Violation of any of the provisions
of this Act is an unlawful practice under the Consumer
Fraud and Deceptive Business Practices Act.  All remedies, penalties, and
authority granted to the Attorney General by that Act shall be available to
him for the enforcement of this Act.  In any action brought by the Attorney
General to enforce this Act, the court may order that person who incurred
actual damages be awarded the amount at which actual damages are assessed.

(Source: P.A. 87-452; 87-895.)

815 ILCS 520/105

(815 ILCS 520/105) (from Ch. 134, par. 195)

Sec. 105.

This Act takes effect on January 1, 1992.

(Source: P.A. 87-452.)