Bill Text: IL HB5593 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Telephone Solicitations Act. Provides that a live operator soliciting the sale of goods or services shall immediately state the name and telephone number (rather than the name) of the business or organization being represented. Provides that a live operator shall disclose his or her mailing address and the business or organization being represented on any website owned or operated by the live operator and on any written communications to a customer. Provides that the provisions of the Act shall not apply to a live operator who makes a residential marketing telephone call in response to a customer's telephone call or contact with the website of the business or organization being represented if the customer affirmatively requests a follow-up telephone call or other contact from the business or organization being represented. Provides that specified violations of the Act are a Class C misdemeanor.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-04-05 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB5593 Detail]

Download: Illinois-2023-HB5593-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5593 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED:
815 ILCS 413/15
815 ILCS 413/20
815 ILCS 413/25
Amends the Telephone Solicitations Act. Provides that a live operator soliciting the sale of goods or services shall immediately state the name and telephone number (rather than the name) of the business or organization being represented. Provides that a live operator shall disclose his or her mailing address and the business or organization being represented on any website owned or operated by the live operator and on any written communications to a customer. Provides that the provisions of the Act shall not apply to a live operator who makes a residential marketing telephone call in response to a customer's telephone call or contact with the website of the business or organization being represented if the customer affirmatively requests a follow-up telephone call or other contact from the business or organization being represented. Provides that specified violations of the Act are a Class C misdemeanor.
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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 15, 20, and 25 as follows:
(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.
(b) A live operator soliciting the sale of goods or
services shall:
(1) immediately state his or her name, the name 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 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

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again by the business or organization. Compliance with
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-5) A live operator described in subsection (b) shall
disclose his or her mailing address and the business or
organization being represented on any website owned or
operated by the live operator and on any written
communications to a customer.
(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.
(Source: P.A. 90-541, eff. 6-1-98; 91-182, eff. 1-1-00.)
(815 ILCS 413/20)
Sec. 20. Exemptions.
(a) Except as provided in subsection (b), the provisions
of this Act shall not apply to telephone calls made by an
autodialer. The provisions of this Act do not apply to
telephone calls made by a person who is a registered dealer,
registered investment adviser, or registered salesperson under
Section 8 of the Illinois Securities Law of 1953 or who is
registered as a broker-dealer, registered representative, or
salesperson of a broker-dealer under the federal securities

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laws, when performing acts within the scope of that
registration. The provisions of this Act shall not apply to a
live operator who makes a residential marketing telephone call
in response to a customer's telephone call or contact with the
website of the business or organization being represented if
the customer affirmatively requests a follow-up telephone call
or other contact from the business or organization being
represented.
(b) Notwithstanding the provisions of subsection (a), all
telephone calls must be made in compliance with the
requirements of subsection (c) of Section 15.
(Source: P.A. 91-182, eff. 1-1-00.)
(815 ILCS 413/25)
Sec. 25. Violations.
(a) It is a violation of this Act to make or cause to be
made telephone calls to any emergency telephone number as
defined in Section 5 of this Act. It is a violation of this Act
to make or cause to be made telephone calls in a manner that
does not comply with Section 15.
(b) It is a violation of this Act to continue with a
solicitation placed by a live operator without the consent of
the called party.
(c) It is an unlawful act or practice and a violation of
this Act for any person engaged in telephone solicitation to
obtain or submit for payment a check, draft, or other form of

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