State of Illinois
92nd General Assembly

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HB0176 Enrolled                               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    Restricted Call Registry Act.

 6        Section 5.  Definitions. As used in this Act:
 7        (a)  "Residential  subscriber"  means  a person or spouse
 8    who has subscribed to residential telephone  service  from  a
 9    local  exchange  company,  a  guardian  of  the person or the
10    person's spouse, or an individual who has power  of  attorney
11    from  or  an  authorized  agent of the person or the person's
12    spouse.
13        (b)  "Established  business   relationship"   means   the
14    existence  of  an  oral  or  written  arrangement, agreement,
15    contract, or other legal state of affairs between a person or
16    entity and an existing customer under which both parties have
17    a course of conduct or established pattern  of  activity  for
18    commercial  or  mercantile  purposes  and  for the benefit or
19    profit of both  parties.  A  pattern  of  activity  does  not
20    necessarily  mean multiple previous contacts. The established
21    business  relationship  must  exist  between   the   existing
22    customer  and  the  person  or  entity directly, and does not
23    extend to any  related  business  entity  or  other  business
24    organization of the person or entity or related to the person
25    or  entity  or the person or entity's agent including but not
26    limited to  a  parent  corporation,  subsidiary  partnership,
27    company or other corporation or affiliate.
28        (c)  "Existing  customer"  means  an  individual  who has
29    either:
30             (1)  entered   into   a   transaction,    agreement,
31        contract,  or  other  legal  state  of  affairs between a
HB0176 Enrolled             -2-               LRB9201785RCcdA
 1        person or entity and a residential subscriber under which
 2        the payment or exchange of consideration for any goods or
 3        services has taken place within the preceding  18  months
 4        or has been arranged to take place at a future time; or
 5             (2)  opened  or  maintained  a debit account, credit
 6        card account,  or  other  revolving  credit  or  discount
 7        program  offered  by  the  person  or  entity and has not
 8        requested the person or entity to close such  account  or
 9        terminate such program.
10        (d)  "Registry"   means   the  Restricted  Call  Registry
11    established under this Act.
12        (e)  "Telephone    solicitation"    means    any    voice
13    communication over a telephone line  from  a  live  operator,
14    through  the  use  of  an autodialer or autodialer system, as
15    defined in Section 5 of the Automatic Telephone Dialers  Act,
16    or by other means for the purpose of encouraging the purchase
17    or rental of, or investment in, property, goods, or services,
18    but does not include communications:
19             (1)  to   any   residential   subscriber  with  that
20        subscriber's prior express invitation or permission  when
21        a  voluntary  2-way  communication  between  a  person or
22        entity and a residential subscriber has occurred with  or
23        without an exchange of consideration;
24             (2)  by  or  on  behalf of any person or entity with
25        whom a residential subscriber has an established business
26        relationship which has not been terminated in writing  by
27        either  party  and  which is related to the nature of the
28        established business relationship;
29             (3)  by or on behalf of any person  or  entity  with
30        whom  a  residential  subscriber is an existing customer,
31        unless the customer has stated to the person or entity or
32        the person or entity's agent that he  or  she  no  longer
33        wishes  to  receive  the telemarketing sales calls of the
34        person or entity, or unless the nature  of  the  call  is
HB0176 Enrolled             -3-               LRB9201785RCcdA
 1        unrelated  to  the established business relationship with
 2        the existing customer;
 3             (4)  by or on behalf of an  entity  organized  under
 4        Section   501(c)(3),   501(c)(4),  or  501(c)(6)  of  the
 5        Internal Revenue Code, while the  entity  is  engaged  in
 6        fundraising  to  support the charitable or not-for-profit
 7        purpose for which the entity was established;
 8             (5)  by or on behalf of a  person  licensed  by  the
 9        State  of  Illinois  to carry out a trade, occupation, or
10        profession who either:
11                  (A)  is setting or attempting to set a face  to
12             face   appointment  for  actions  relating  to  that
13             licensed trade,  occupation,  or  profession  within
14             this State; or
15                  (B)  is  encouraging or attempting to encourage
16             the  purchase  or  rental  of,  or  investment   in,
17             property,   goods,  or  services,  which  cannot  be
18             completed, and for which payment or authorization of
19             payment is not required, until after  a  written  or
20             electronic  agreement  is  signed by the residential
21             subscriber; or
22             (6)  until July 1, 2005, by  or  on  behalf  of  any
23        entity  over  which the Federal Communications Commission
24        or  the  Illinois  Commerce  Commission  has   regulatory
25        authority  to the extent that, subject to that authority,
26        the entity is required to maintain a license, permit,  or
27        certificate   to   sell   or  provide  telecommunications
28        service, as defined  in  Section  13-203  of  the  Public
29        Utilities  Act,  while the entity is engaged in telephone
30        solicitation   for   inter-exchange    telecommunications
31        service,  as  defined  in  Section  13-205  of the Public
32        Utilities  Act,  or  local  exchange   telecommunications
33        service,  as  defined  in  Section  13-204  of the Public
34        Utilities Act.
HB0176 Enrolled             -4-               LRB9201785RCcdA
 1        Section 10.  Prohibited calls. Beginning July 1, 2002, no
 2    person or entity may make or cause to be made  any  telephone
 3    solicitation calls to any residential subscriber more than 45
 4    days  after  the residential subscriber's telephone number or
 5    numbers first appear on the Registry.

 6        Section 15.  Complaints. The Illinois Commerce Commission
 7    shall  receive   telephone   solicitation   complaints   from
 8    residential  subscribers  to object to such calls. Complaints
 9    shall be  taken  by  any  means  deemed  appropriate  by  the
10    Illinois  Commerce  Commission. Complaints against persons or
11    entities that are licensed, certificated, or permitted  by  a
12    State  or federal agency shall be forwarded for investigation
13    by the Illinois Commerce Commission to the appropriate agency
14    if the respective agency has the power  to  investigate  such
15    matters.  All  other  complaints shall be investigated by the
16    Illinois Commerce Commission. The standards for referrals and
17    investigations shall be set forth in  rules  adopted  by  the
18    Illinois Commerce Commission.

19        Section 20.  Registry; establishment and maintenance.
20        (a)  The Illinois Commerce Commission shall establish and
21    provide  for  the  operation  of  a Restricted Call Registry,
22    which shall contain  a  list  of  the  telephone  numbers  of
23    residential  subscribers who do not wish to receive telephone
24    solicitation calls.  The  Illinois  Commerce  Commission  may
25    contract  with a private vendor to establish and maintain the
26    Registry if the contract requires the vendor to  provide  the
27    Registry  in  a  printed  hard  copy format, in an electronic
28    format, and in any other format prescribed  by  the  Illinois
29    Commerce Commission.
30        (b)  No  later  than  January  1,  2002,  the    Illinois
31    Commerce  Commission  shall  adopt rules consistent with this
32    Act that the Illinois Commerce Commission deems necessary and
HB0176 Enrolled             -5-               LRB9201785RCcdA
 1    appropriate to fully implement  this  Act.  The  rules  shall
 2    include,  at a minimum, methods by which any person or entity
 3    desiring to make  telephone  solicitation  calls  may  obtain
 4    access to the Registry to avoid calling the telephone numbers
 5    of residential subscribers included in the Registry.
 6        (c)  The  fee  for  obtaining  the  Registry shall be set
 7    forth in rules adopted by the Illinois  Commerce  Commission.
 8    The fee may not exceed $500 annually. All copies requested in
 9    a  printed  hard copy format shall be assessed a per page fee
10    to be determined by rules adopted by  the  Illinois  Commerce
11    Commission.
12        (d)  The  Illinois  Commerce  Commission shall update the
13    Registry and make information in the Registry available on  a
14    quarterly  basis  in  an  electronic  format  and,  if deemed
15    appropriate by the Illinois Commerce Commission,  in  one  or
16    more other formats.
17        (e)  If  the Federal Communications Commission or Federal
18    Trade Commission establishes a single  national  database  of
19    telephone  numbers  of  subscribers  who  object to receiving
20    telephone solicitations under Title 47, Section 227(c)(3)  of
21    the  United  States  Code,  this  State shall discontinue the
22    Registry.
23        (f)  Information in  the  Registry  is  confidential  and
24    shall  be  afforded  reasonable  privacy protection except as
25    necessary for compliance with Sections 10  and  25  and  this
26    Section  or in a proceeding or action under Section 35 or 40.
27    The information is not a public record under the  Freedom  of
28    Information Act.
29        (g)  The  Illinois Commerce Commission shall periodically
30    obtain subscription listings of  residential  subscribers  in
31    this  State  who have arranged to be included in any national
32    do-not-call list and add those names to the Registry.

33        Section 25.  Enrollment.
HB0176 Enrolled             -6-               LRB9201785RCcdA
 1        (a)  The  Illinois  Commerce  Commission  shall   provide
 2    notice to residential subscribers of the establishment of the
 3    Registry.
 4        (b)  The Illinois Commerce Commission shall establish any
 5    method  deemed  appropriate  for  a residential subscriber to
 6    notify the Illinois Commerce Commission that the  residential
 7    subscriber wishes to be included in the Registry.
 8        (c)  There  shall  be no cost to a residential subscriber
 9    for inclusion in the Registry.
10        (d)  A residential subscriber in the  Registry  shall  be
11    deleted  from  the Registry upon the residential subscriber's
12    written request.
13        (e)  Enrollment in the Registry  is  effective  from  the
14    start  of  the quarter following the date of enrollment for a
15    term  of  5  years  or  until  the   residential   subscriber
16    disconnects or changes his or her telephone number, whichever
17    occurs  first.  The residential subscriber is responsible for
18    notifying the Illinois Commerce Commission of any changes  in
19    his or her telephone number. The Illinois Commerce Commission
20    shall  use  its  best  efforts to notify enrolled residential
21    subscribers before the end of the 5-year enrollment  term  of
22    the  option  to re-enroll. Residential subscribers who do not
23    re-enroll before the end of the 5-year term shall be  removed
24    from the Registry.

25        Section  30.  Public  notification. The Illinois Commerce
26    Commission shall work with local exchange  telecommunications
27    companies to disseminate to their customers information about
28    the   availability   of   and   instructions  for  requesting
29    educational literature from the Illinois Commerce Commission.
30    The Illinois Commerce Commission may  enter  into  agreements
31    with those companies for the dissemination of the educational
32    literature.  Telecommunications  companies  shall disseminate
33    the educational literature at least once per year in  both  a
HB0176 Enrolled             -7-               LRB9201785RCcdA
 1    message  contained  in  customers'  bills and a notice in the
 2    information section of all telephone directories  distributed
 3    to customers. The Illinois Commerce Commission shall include,
 4    on  its Internet web site, information to customers regarding
 5    their right to be included in the Registry  and  the  various
 6    methods,   including   notice   to   the   Illinois  Commerce
 7    Commission, of being included in the Registry.  The  Illinois
 8    Commerce  Commission shall have this literature developed for
 9    dissemination to the public no later than March 1, 2002.

10        Section 35.  Violation; relief.
11        (a)  The  Illinois  Commerce  Commission   may   initiate
12    administrative  proceedings  in accordance with rules adopted
13    under this Act relating to a knowing and willful violation of
14    Section 10.
15        (b)  If it is determined after a hearing  that  a  person
16    has  knowingly  and willfully violated one or more provisions
17    of this Section, the Illinois Commerce Commission may  assess
18    a fine not to exceed $2,500 for each violation.
19        (c)  Any  proceeding  conducted  under  this  Section  is
20    subject to the Illinois Administrative Procedure Act.
21        (d)  Nothing in this Section may be construed to restrict
22    any  right that any person may have under any other law or at
23    common law.
24        (e)  No action or proceeding may be  brought  under  this
25    Section:
26             (1)  more  than  one  year after the person bringing
27        the action knew or should have known of the occurrence of
28        the alleged violation; or
29             (2)  more than one year after the termination of any
30        proceeding or action arising out of the same violation or
31        violations by the State of Illinois, whichever is later.
32        (f)  The remedies, duties, prohibition, and penalties  in
33    this  Act  are not exclusive and are in addition to all other
HB0176 Enrolled             -8-               LRB9201785RCcdA
 1    causes of action, remedies, and penalties provided by law.
 2        (g)  There is created in the  State  treasury  a  special
 3    fund  to  be  known as the Restricted Call Registry Fund. All
 4    fees  and  fines  collected   in   the   administration   and
 5    enforcement  of  this  Act  shall be deposited into the Fund.
 6    Moneys in the Fund shall, subject to appropriation,  be  used
 7    by  the  Illinois  Commerce  Commission  for  implementation,
 8    administration, and enforcement of this Act.

 9        Section  40.  Exemption.  A  person  or entity may not be
10    held liable for violating this Act if:
11             (1)  the person or entity has obtained copies of the
12        Registry and each  updated  Registry  from  the  Illinois
13        Commerce  Commission  and has established and implemented
14        written  policies   and   procedures   related   to   the
15        requirements of this Act;
16             (2)  the  person or entity has trained its personnel
17        in the requirements of this Act;
18             (3)  the  person   or   entity   maintains   records
19        demonstrating compliance with subdivisions (1) and (2) of
20        this Section and the requirements of this Act; and
21             (4)  any  subsequent  telephone  solicitation is the
22        result of error.

23        Section 90.  The State Finance Act is amended  by  adding
24    Section 5.545 as follows:

25        (30 ILCS 105/5.545 new)
26        Sec. 5.545.  The Restricted Call Registry Fund.

27        Section  99.  Effective  date. This Act takes effect upon
28    becoming law.

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