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| | SB0160 Engrossed | | LRB103 27007 SPS 53374 b |
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| 1 | | AN ACT concerning business.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Telephone Solicitations Act is amended by |
| 5 | | changing Sections 5 and 15 as follows:
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| 6 | | (815 ILCS 413/5)
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| 7 | | Sec. 5. Definitions. For purposes of this Act:
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| 8 | | "Caller ID" means the display to the recipient
of the call |
| 9 | | of the caller's telephone number or identity.
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| 10 | | "Emergency telephone number" means any telephone number |
| 11 | | which
accesses
or calls a fire department, law enforcement |
| 12 | | agency, ambulance, hospital,
medical center, poison control |
| 13 | | center, rape crisis center, suicide prevention
center, rescue |
| 14 | | service, the 911 emergency access number provided by law
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| 15 | | enforcement agencies and police departments.
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| 16 | | "Spoof" or "spoofing" means to deliberately falsify the |
| 17 | | information transmitted on a caller ID display to disguise an |
| 18 | | identity or phone number. |
| 19 | | "Subscriber" means:
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| 20 | | (1) A person who has subscribed to telephone service |
| 21 | | from a telephone
company; or
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| 22 | | (2) Other persons living or residing with the |
| 23 | | subscribing person.
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| 1 | | "Telephone solicitation" means any communication through |
| 2 | | the use of
a
telephone by live operators for soliciting the |
| 3 | | sale of goods or services.
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| 4 | | (Source: P.A. 95-331, eff. 8-21-07.)
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| 5 | | (815 ILCS 413/15)
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| 6 | | Sec. 15. Method of operation.
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| 7 | | (a) No person shall solicit the sale of goods or services |
| 8 | | in this State
by placing a
telephone call during the hours |
| 9 | | between 9 p.m. and 8 a.m.
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| 10 | | (b) A live operator soliciting the sale of goods or |
| 11 | | services shall:
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| 12 | | (1) immediately state his or her name, the name
of
the |
| 13 | | business or organization being represented, and the |
| 14 | | purpose of the call;
and
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| 15 | | (2) inquire at the beginning of the call whether
the |
| 16 | | person called consents to the solicitation; and
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| 17 | | (3) if the person called requests to be taken off the |
| 18 | | contact
list of the business or organization, the operator |
| 19 | | must refrain
from calling that person again and take all |
| 20 | | steps necessary to have that
person's name and telephone |
| 21 | | number removed from the contact records of the
business or |
| 22 | | organization so that the person will not be contacted |
| 23 | | again by
the business or organization.
Compliance with |
| 24 | | Section 310.4(b) of the Federal Trade Commission's
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| 25 | | Telemarketing Sales Rule shall constitute compliance with |
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| 1 | | this paragraph subsection
(b)(3) of this Section.
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| 2 | | (b-5) Any telephone call soliciting the sale of goods or |
| 3 | | services placed in a manner other than by live operator shall: |
| 4 | | (1) immediately state the business or organization |
| 5 | | being represented and the purpose of the call; |
| 6 | | (2) prompt the person called to confirm whether the |
| 7 | | person consents to solicitation, either by audio |
| 8 | | confirmation or selection of a number on the phone; and |
| 9 | | (3) if the person called does not consent to |
| 10 | | solicitation, refrain from calling that person again and |
| 11 | | take all steps necessary to have that person's name and |
| 12 | | telephone number removed from the contact records of the |
| 13 | | business or organization so that the person will not be |
| 14 | | contacted again by the business or organization. |
| 15 | | Compliance with Section 310.4(b) of the Federal Trade |
| 16 | | Commission's Telemarketing Sales Rule shall constitute |
| 17 | | compliance with this paragraph. |
| 18 | | (c) A person, business, or organization may not solicit |
| 19 | | the sale of goods or services by telephone in
a manner that |
| 20 | | impedes the function of any caller ID when the telephone
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| 21 | | solicitor's service or equipment is capable of allowing the |
| 22 | | display of the
solicitor's telephone number. |
| 23 | | (d) A person, business, or organization may not spoof a |
| 24 | | caller's information or otherwise cause misleading information |
| 25 | | to be transmitted to a recipient's caller ID or to otherwise |
| 26 | | misrepresent the origin of a telemarketing call, unless the |