State of Illinois
92nd General Assembly
Legislation

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92_HB0916ham001











                                           LRB9201196DHmbam01

 1                     AMENDMENT TO HOUSE BILL 916

 2        AMENDMENT NO.     .  Amend House Bill 916 as follows:

 3    on page 1, by replacing lines 1 and 2 with the following:
 4        "AN ACT in relation to business transactions."; and

 5    by replacing lines 5 through 31 with the following:

 6        "Section 5.  The Telephone Solicitations Act  is  amended
 7    by changing Section 25 as follows:

 8        (815 ILCS 413/25)
 9        Sec. 25.  Violations.
10        (a)  It is a violation of this Act to make or cause to be
11    made  telephone  calls  to  any emergency telephone number as
12    defined in Section 5 of this Act. It is a violation  of  this
13    Act  to  make or cause to be made telephone calls in a manner
14    that does not comply with Section 15.
15        (b)  It is a violation of this Act  to  continue  with  a
16    solicitation placed by a live operator without the consent of
17    the called party.
18        (c)  It is an unlawful act or practice and a violation of
19    this  Act for any person engaged in telephone solicitation to
20    obtain or submit for payment a check, draft, or other form of
21    negotiable paper drawn on a person's  checking,  savings,  or
 
                            -2-            LRB9201196DHmbam01
 1    other  account  or  on  a  bond  without the person's express
 2    written consent.
 3        (d)  Enforcement by customer. Any customer injured  by  a
 4    violation of this Act may bring an action for the recovery of
 5    damages.  Judgment  may  be entered for 3 times the amount at
 6    which  the  actual  damages  are  assessed,  plus  costs  and
 7    reasonable attorney fees.
 8        (e)  Enforcement by Attorney General. Violation of any of
 9    the provisions of this Act  is  an  unlawful  practice  under
10    Section  2Z  of  the  Consumer  Fraud  and Deceptive Business
11    Practices Act. All remedies, penalties, and authority granted
12    to the Attorney General by that Act shall be available to him
13    or her for the enforcement of this Act. In any action brought
14    by the Attorney General to enforce this Act,  the  court  may
15    order that persons who incurred actual damages be awarded the
16    amount at which actual damages are assessed.
17    (Source:  P.A.  91-182,  eff. 1-1-00; 91-761, eff. 1-1-01.)";
18    and

19    by deleting page 2.

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