State of Illinois
92nd General Assembly
Legislation

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92_HB0176

 
                                              LRB9201785RCcdA

 1        AN ACT concerning telephone solicitation.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    No-Call Database Act.

 6        Section 5. Definitions. As used in this Act:
 7        (a)  "Caller identification  service"  means  a  type  of
 8    telephone  service  that permits telephone subscribers to see
 9    the telephone number of incoming telephone calls;
10        (b)  "Residential subscriber"  means  a  person  who  has
11    subscribed  to  residential  telephone  service  from a local
12    exchange company or the other persons living or residing with
13    the person;
14        (c)  "Telephone    solicitation"    means    any    voice
15    communication over a telephone line  from  a  live  operator,
16    through  the  use of ADAD equipment or by other means for the
17    purpose  of  encouraging  the  purchase  or  rental  of,   or
18    investment  in,  property,  goods,  or services, but does not
19    include communications:
20             (1)  By or on behalf of any person  or  entity  with
21        whom  a  residential subscriber has a current business or
22        personal relationship;
23             (2)  By or on behalf of an  entity  organized  under
24        Section  501(c)(3)  of the United States Internal Revenue
25        Code, while the entity is  engaged  in  fund  raising  to
26        support  the  charitable purpose for which the entity was
27        established provided that  a  bona  fide  member  of  the
28        exempt organization makes the voice communication;
29             (3)  By  or  on  behalf  of  any entity over which a
30        federal agency has regulatory  authority  to  the  extent
31        that:
 
                            -2-               LRB9201785RCcdA
 1                  (A)  Subject  to  the  authority, the entity is
 2             required  to  maintain   a   license,   permit,   or
 3             certificate to sell or provide the merchandise being
 4             offered through telemarketing; and
 5                  (B)  The  entity  is required by law or rule to
 6             develop and maintain a no-call list.

 7        Section 10. Attorney General. The Office of the  Attorney
 8    General  shall receive telemarketing complaints by means of a
 9    toll-free telephone number, by a notice  in  writing,  or  by
10    electronic   means.  Complaints  against  entities  that  are
11    licensed, certificated, or permitted and whose  telemarketing
12    practices  are  regulated by the same State or federal agency
13    and which agency has rules regulating telemarketing practices
14    shall be forwarded for investigation by  the  Office  of  the
15    Attorney General to the agency. All other complaints shall be
16    handled by the Office of the Attorney General.

17        Section  15.  Telephone  solicitation.  Beginning July 1,
18    2002, no person or entity shall make or cause to be made  any
19    telephone   solicitation   to   the  telephone  line  of  any
20    residential subscriber in this State who has given notice  to
21    the  Secretary  of  State,  in  accordance with rules adopted
22    under Section 20, of the subscriber's objection to  receiving
23    telephone solicitations.

24        Section 20. Database.
25        (a)  The  Secretary  of State shall establish and provide
26    for the  operation  of  a  database  to  compile  a  list  of
27    telephone  numbers  of  residential subscribers who object to
28    receiving telephone solicitations.  The  Secretary  of  State
29    shall  have  the  database in operation no later than July 1,
30    2002.
31        (b)  No later than January  1,  2002,  the  Secretary  of
 
                            -3-               LRB9201785RCcdA
 1    State  shall  adopt  rules  governing  the establishment of a
 2    State no-call database as  he  or  she  deems  necessary  and
 3    appropriate  to  fully  implement  this  Act. The rules shall
 4    include those that:
 5             (1)  Specify the methods by which  each  residential
 6        subscriber  may  give notice to the Secretary of State or
 7        its contractor of his or her objection to  receiving  the
 8        solicitations  or   revocation of the notice. There shall
 9        be no cost to the subscriber for joining the database;
10             (2)  Specify the length of time for which  a  notice
11        of  objection  shall  be  effective  and  the effect of a
12        change of telephone number on the notice;
13             (3)  Specify the methods by which the objections and
14        revocations shall be collected and added to the database;
15             (4)  Specify the methods  by  which  any  person  or
16        entity  desiring  to  make  telephone  solicitations will
17        obtain access  to  the  database  as  required  to  avoid
18        calling  the telephone numbers of residential subscribers
19        included in the database, including the cost assessed  to
20        that person or entity for access to the database; and
21             (5)  Specify  the  other  matters  relating  to  the
22        database that the Secretary of State deems desirable.
23        (c)  If the Federal Communications Commission establishes
24    a   single   national   database   of  telephone  numbers  of
25    subscribers who object to receiving  telephone  solicitations
26    under  Title  47  U.S.C., Section 227(c)(3), the Secretary of
27    State shall include that part of the single national database
28    that relates to Illinois in the  database  established  under
29    this Section.
30        (d)  Information  contained  in  the database established
31    under this Section shall be used  only  for  the  purpose  of
32    compliance   with  Section  15  and  this  Section  or  in  a
33    proceeding or action under Section 25. The information is not
34    a public record under the Freedom of Information Act.
 
                            -4-               LRB9201785RCcdA
 1        (e)  In April, July, October, and January of  each  year,
 2    the  Secretary of State shall obtain subscription listings of
 3    consumers in this State who have arranged to be  included  on
 4    any  national  do-not-call  list  and  add those names to the
 5    State do-not-call list.

 6        Section 25. Relief.
 7        (a)  The  Attorney  General  may   initiate   proceedings
 8    relating   to  a  knowing  violation  or  threatened  knowing
 9    violation of Section 15. The proceedings may include, without
10    limitation, an injunction, a civil penalty up to a maximum of
11    $5,000 for each knowing violation, and additional  relief  in
12    any   circuit   court.     The  Attorney  General  may  issue
13    investigative demands, issue subpoenas, administer oaths, and
14    conduct hearings in the course of investigating  a  violation
15    of Section 15.
16        (b)  Any  person who has received more than one telephone
17    solicitation within any 12-month period by or  on  behalf  of
18    the  same  person  or  entity  in violation of Section 15 may
19    either:
20             (1)  Bring an action to enjoin the violation;
21             (2)  Bring an action to recover for actual  monetary
22        loss  from  the  knowing  violation  or  to receive up to
23        $5,000 in damages for each knowing  violation,  whichever
24        is greater; or
25             (3)  Bring  both  the  actions under clauses (1) and
26        (2) of this subsection (b).
27        (c)  It is a defense in any action or proceeding  brought
28    under  this  Section  that  the defendant has established and
29    implemented,  with  due  care,   reasonable   practices   and
30    procedures  to effectively prevent telephone solicitations in
31    violation of Section 15.
32        (d)  No action or proceeding may be  brought  under  this
33    Section:
 
                            -5-               LRB9201785RCcdA
 1             (1)  More than 2 years after the person bringing the
 2        action knew or should have known of the occurrence of the
 3        alleged violation; or
 4             (2)  More  than 2 years after the termination of any
 5        proceeding or action arising out of the same violation or
 6        violations by the State of Illinois, whichever is later.
 7        (e)  A circuit court of this State may exercise  personal
 8    jurisdiction  over  any nonresident or his or her executor or
 9    administrator as to an action  or  proceeding  authorized  by
10    this Section in the manner otherwise provided by law.
11        (f)  The remedies, duties, prohibitions, and penalties of
12    this  Act  are not exclusive and are in addition to all other
13    causes of action, remedies, and penalties provided by law.
14        (g)  No  provider  of  telephone  caller   identification
15    service  shall  be  held  liable for violations of Section 15
16    committed by other persons or entities.
17        (h)  This Section is operative on and after July 1, 2001.

18        Section 30. Advisory group. The Secretary  of  State  and
19    the  Attorney  General  shall  establish  an  advisory  group
20    composed  of  government  entities,  local telecommunications
21    companies, businesses, and senior citizen and other community
22    advocates to  compile  and  promote  a  list  of  educational
23    literature  to  help  consumers understand their options with
24    regard to telephone solicitations.  The  Secretary  of  State
25    shall  work  with local exchange telecommunications companies
26    to disseminate to their residential  subscribers  information
27    about  the  availability  of  and  instructions  about how to
28    request educational literature from the Secretary  of  State.
29    The  Secretary  of State may enter into agreements with those
30    companies for the purpose of dissemination of the educational
31    literature. The Secretary of State shall include  on  his  or
32    her  Internet  web  site information that informs residential
33    subscribers of their rights to be placed on  a  no-call  list
 
                            -6-               LRB9201785RCcdA
 1    and the various methods, including notice to the Secretary of
 2    State,  of  placing  their  names  on  this no-call list. The
 3    Secretary of State shall have this literature  developed  for
 4    dissemination to the public no later than January 1, 2002.

 5        Section  99.  Effective date.  This Act takes effect upon
 6    becoming law.

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