State of Illinois
92^nd General Assembly
Legislation

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92_HB0916eng

 
HB0916 Engrossed                               LRB9201196DHmg

 1        AN ACT in relation to business transactions.

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

 4        Section 5.  The Telephone Solicitations Act is amended by
 5    changing Section 25 as follows:

 6        (815 ILCS 413/25)
 7        Sec. 25.  Violations.
 8        (a)  It is a violation of this Act to make or cause to be
 9    made  telephone  calls  to  any emergency telephone number as
10    defined in Section 5 of this Act. It is a violation  of  this
11    Act  to  make or cause to be made telephone calls in a manner
12    that does not comply with Section 15.
13        (b)  It is a violation of this Act  to  continue  with  a
14    solicitation placed by a live operator without the consent of
15    the called party.
16        (c)  It is an unlawful act or practice and a violation of
17    this  Act for any person engaged in telephone solicitation to
18    obtain or submit for payment a check, draft, or other form of
19    negotiable paper drawn on a person's  checking,  savings,  or
20    other  account  or  on  a  bond  without the person's express
21    written consent.
22        (d)  Enforcement by customer. Any customer injured  by  a
23    violation of this Act may bring an action for the recovery of
24    damages.  Judgment  may  be entered for 3 times the amount at
25    which  the  actual  damages  are  assessed,  plus  costs  and
26    reasonable attorney fees.
27        (e)  Enforcement by Attorney General. Violation of any of
28    the provisions of this Act  is  an  unlawful  practice  under
29    Section  2Z  of  the  Consumer  Fraud  and Deceptive Business
30    Practices Act. All remedies, penalties, and authority granted
31    to the Attorney General by that Act shall be available to him
 
HB0916 Engrossed            -2-                LRB9201196DHmg
 1    or her for the enforcement of this Act. In any action brought
 2    by the Attorney General to enforce this Act,  the  court  may
 3    order that persons who incurred actual damages be awarded the
 4    amount at which actual damages are assessed.
 5    (Source: P.A. 91-182, eff. 1-1-00; 91-761, eff. 1-1-01.)

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