Bill Amendment: IL SB2573 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: AUTODIALER-CALLER ID-CONSENT

Status: 2019-01-09 - Session Sine Die [SB2573 Detail]

Download: Illinois-2017-SB2573-Senate_Amendment_001.html

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Sen. Dave Syverson

Filed: 3/14/2018

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AMENDMENT TO SENATE BILL 2573
AMENDMENT NO. ______. Amend Senate Bill 2573 by replacing
everything after the enacting clause with the following:
"Section 5. The Automatic Telephone Dialers Act is amended
by changing Sections 5, 15, and 30 as follows:
(815 ILCS 305/5) (from Ch. 134, par. 105)
Sec. 5. Definitions. For purpose of this Act:
(a) "Autodialer" or "Autodialer System" means any
telephone dialing or accessing device, machine, computer or
system capable of storing telephone numbers which is programmed
to sequentially or randomly access the stored telephone numbers
in order to automatically connect a telephone with a recorded
message, the term does not include any device associated with a
burglar alarm system, voice message system or fire alarm
system.
(b) "Emergency Telephone Number" means any telephone

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number which accesses or calls a fire department, law
enforcement agency, ambulance, hospital, medical center,
poison control center, rape crisis center, suicide prevention
center, rescue service, the 911 emergency access number
provided by law enforcement agencies and police departments.
(c) "Recorded Message" means any artificial or recorded
taped communication that includes or introduces an
advertisement or constitutes telemarketing soliciting the sale
of goods or services without live voice interaction.
(d) "Voice Messaging System" means any message delivery
service which utilizes an autodialer to deliver non-commercial
messages to domestic and international recipients.
(e) "Subscriber" means:
(1) A person who has subscribed to telephone service
from a telephone company; or
(2) Other persons living or residing with the
subscribing person.
(f) "Caller ID" means the display to the recipient of the
call the caller's telephone number or identity.
(g) "Telemarketing" means the initiation of a telephone
call or message, that is transmitted to any person, for the
purpose of encouraging the purchase or rental of, or investment
in, property, goods, or services.
(h) "Prior express written consent" has the meaning
ascribed to that term in 47 CFR 64.1200(f)(8).
(Source: P.A. 91-182, eff. 1-1-00.)

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(815 ILCS 305/15) (from Ch. 134, par. 115)
Sec. 15. Method of operation.
(a) No person shall operate an autodialer in this State to
place a telephone call during the hours between 9 p.m. and 9
a.m.
(b) All autodialers operated within the State of Illinois
shall disconnect within 30 seconds after termination of the
call by the subscriber or the autodialer. Where disconnection
in 30 seconds is technically not feasible, the autodialer shall
utilize a live operator who shall:
(1) state his name, the name, address and telephone
number of the business or organization being represented
and the purpose of the call; and
(2) inquire at the beginning of the call whether the
person called consents to hear the prerecorded message.
(c) An autodialer shall not be used to dial numbers
determined by successively increasing or decreasing integers.
(d) An autodialer may not be operated in a manner that
impedes the function of any caller ID when the telephone
solicitor's service or equipment is capable of allowing the
display of the solicitor's telephone number, or that provides
inaccurate caller ID information in violation of 47 U.S.C.
222(e) and the rules of the Federal Communications Commission
implementing 47 U.S.C. 222(e).
(Source: P.A. 91-182, eff. 1-1-00.)

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(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 recorded
prerecorded message placed by an autodialer without the (i)
prior express written consent of the called party or (ii) the
prior express written consent of the called party if the call
is made by or on behalf of a tax-exempt nonprofit organization
or is a call that delivers a health care message made by, or on
behalf of, a covered entity or its business associate as those
terms are defined in the Health Insurance Portability and
Accountability Act of 1996 at 45 CFR 160.103.
(c) (Blank). 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) (Blank). 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

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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. 98-546, eff. 8-26-13.)".