Public Act 0546 98TH GENERAL ASSEMBLY

SB2136 Enrolled LRB098 06596 WGH 36639 b

Public Act 098-0546

AN ACT concerning business.

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

Section 5. The Automatic Telephone Dialers Act is amended by changing Section 30 and by adding Section 22 as follows:

(815 ILCS 305/22 new)

Sec. 22. Recordkeeping.

(a) A person who operates an autodialer to communicate a commercial message shall maintain a list of all telephone numbers called.

(b) A person who operates an autodialer to communicate a commercial message shall maintain records to sufficiently document any exemption claimed under Section 20 of this Act.

(815 ILCS 305/30) (from Ch. 134, par. 130)

Sec. 30. Violations.

(a) It is a violation of this Act to make or cause to be made telephone calls utilizing an autodialer to any emergency telephone number as defined in Section 5. It is a violation of this Act to make or cause to be made telephone calls utilizing an autodialer in a manner that does not comply with Section 15.

(b) It is a violation of this Act to play a prerecorded message placed by an autodialer without the consent of the called party.

(c) 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.

(c-5) In addition to the damages authorized under subsection (c), a consumer may obtain statutory damages in the amount of $500 per violation.

(d) Enforcement by Attorney General. Violation of any of the provisions of this Act is an unlawful practice under Section 2Z of 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 persons who incurred actual damages be awarded the amount at which actual damages are assessed. In addition to actual damages, a court may order that each person who received a call in violation of this Act be awarded statutory damages in the amount of $500 per violation.

(Source: P.A. 91-182, eff. 1-1-00.)

Section 10. The Restricted Call Registry Act is amended by adding Sections 45 and 50 as follows:

(815 ILCS 402/45 new)

Sec. 45. Recordkeeping.

(a) A person who makes or causes to be made calls to communicate a commercial message subject to this Act shall maintain a list of all telephone numbers called.

(b) A person who makes or causes to be made calls to communicate a commercial message subject to this Act shall maintain records to sufficiently document any exemption claimed under Section 40 of this Act for a period of 24 months from the date the call is made.

(815 ILCS 402/50 new)

Sec. 50. Enforcement by residential subscriber.Any residential subscriber who receives a call in violation of this Act may bring an action for the recovery of damages. In addition to actual damages, if any, the subscriber may obtain statutory damages in the amount of $500 per violation. No action or proceeding may be brought more than one year after (1) the person bringing the action knew or should have known of the alleged violation or (2) the termination of any proceeding or action brought pursuant to Section 35 that arises out of the same violation.

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

Effective Date: 8/26/2013