Bill Text: IL HB5566 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Telephone Solicitations Act. Provides that no person shall solicit the sale of goods or services in the State by placing a telephone call more than 3 times to the same person during a 24-hour period. Provides that no person shall make a telephone solicitation, including a call made through automated dialing or a recorded message, by intentionally altering the voice of the caller in an attempt to disguise or conceal the identity of the caller in order to: (1) defraud, confuse, or financially or otherwise injure the called party; or (2) obtain personal information from the called party that may be used in a fraudulent or unlawful manner. Provides that a person shall not make or cause to be made, or attempt to make or cause to be made, a telephone call soliciting the sale of goods or services to a person in the State unless the person soliciting the sale of goods or services is registered with or employed by a person who is registered with the Secretary of State. Sets forth registration requirements and authorizes the Secretary of State to adopt rules to implement and administer the provision. Makes changes to definitions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB5566 Detail]

Download: Illinois-2023-HB5566-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5566 Introduced 2/9/2024, by Rep. Matt Hanson SYNOPSIS AS INTRODUCED:
815 ILCS 413/5
815 ILCS 413/15
815 ILCS 413/16 new
Amends the Telephone Solicitations Act. Provides that no person shall solicit the sale of goods or services in the State by placing a telephone call more than 3 times to the same person during a 24-hour period. Provides that no person shall make a telephone solicitation, including a call made through automated dialing or a recorded message, by intentionally altering the voice of the caller in an attempt to disguise or conceal the identity of the caller in order to: (1) defraud, confuse, or financially or otherwise injure the called party; or (2) obtain personal information from the called party that may be used in a fraudulent or unlawful manner. Provides that a person shall not make or cause to be made, or attempt to make or cause to be made, a telephone call soliciting the sale of goods or services to a person in the State unless the person soliciting the sale of goods or services is registered with or employed by a person who is registered with the Secretary of State. Sets forth registration requirements and authorizes the Secretary of State to adopt rules to implement and administer the provision. Makes changes to definitions.
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A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Telephone Solicitations Act is amended by
changing Sections 5 and 15 and by adding Section 16 as follows:
(815 ILCS 413/5)
Sec. 5. Definitions. For purposes of this Act:
"Caller ID" means the display to the recipient of the call
of the caller's telephone number or identity.
"Emergency telephone number" means any telephone number
which accesses or calls a fire department, law enforcement
agency, ambulance, hospital, medical center, poison control
center, rape crisis center, suicide prevention center
(including the 9-8-8 suicide and crisis lifeline), rescue
service, and the 911 emergency access number provided by law
enforcement agencies and police departments.
"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; or .
(3) Other persons who receive telephone service under
a subscription agreement entered into by a subscribing

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person.
"Telephone solicitation" means any communication through
the use of a telephone by live operators for soliciting the
sale of goods or services.
(Source: P.A. 95-331, eff. 8-21-07.)
(815 ILCS 413/15)
Sec. 15. Method of operation.
(a) No person shall solicit the sale of goods or services
in this State by placing a telephone call during the hours
between 9 p.m. and 8 a.m. or more than 3 times to the same
person during a 24-hour period.
(b) A live operator soliciting the sale of goods or
services shall:
(1) immediately state his or her name, the name 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 the solicitation; and
(3) if the person called requests to be taken off the
contact list of the business or organization, the operator
must refrain from calling that person again and take all
steps necessary to have that person's name and telephone
number removed from the contact records of the business or
organization so that the person will not be contacted
again by the business or organization. Compliance with

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Section 310.4(b) of the Federal Trade Commission's
Telemarketing Sales Rule shall constitute compliance with
this subsection (b)(3) of this Section.
(c) A person may not solicit the sale of goods or services
by telephone 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, including, but not limited to, the use of
any technology or method which displays a telephone number or
name not associated with the telephone solicitor or
intentionally designed to misrepresent the telephone
solicitor's identity.
(d) No person shall make a telephone solicitation,
including a call made through automated dialing or a recorded
message, by intentionally altering the voice of the caller in
an attempt to disguise or conceal the identity of the caller in
order to:
(1) defraud, confuse, or financially or otherwise
injure the called party; or
(2) obtain personal information from the called party
that may be used in a fraudulent or unlawful manner.
(Source: P.A. 90-541, eff. 6-1-98; 91-182, eff. 1-1-00.)
(815 ILCS 413/16 new)
Sec. 16. Registration required for telephone solicitors.
(a) A person shall not make or cause to be made, or attempt

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to make or cause to be made, a telephone call soliciting the
sale of goods or services to a person in this State unless the
person soliciting the sale of goods or services is registered
with or employed by a person who is registered with the
Secretary of State.
(b) Every person who makes telephone calls soliciting the
sale of goods, including a person whose residence or principal
place of business is located outside of this State, shall
annually register with the Secretary of State. Application for
registration shall be on a form prescribed by the Secretary of
State and shall include the name and address of the applicant
and any other information that the Secretary of State shall
designate by rule. The application shall be accompanied by a
reasonable fee, set by the Secretary of State in an amount
sufficient to offset the Secretary of State's expenses
incurred in administering the provisions of this Section.
(c) After providing notice and the opportunity to be
heard, the Secretary of State may refuse to issue or renew or
revoke any registration for a violation of the provisions of
this Act. A refusal or revocation shall not be made except upon
reasonable notice to, and opportunity to be heard by, the
applicant or registrant. The Secretary of State may suspend a
registration for a reasonable period of time or assess a civil
penalty instead of suspension at the discretion of the
Secretary of State.
(d) The Secretary of State shall adopt rules to implement

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