Bill Text: IL SB0160 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Amends the Telephone Solicitations Act. Provides that a person, business, or organization may not spoof a caller's information or otherwise misrepresent the origin of a telemarketing call unless the person, business, or organization has the right to use the name and phone number displayed. Requires telephone solicitations placed in a manner other than by a live operator to immediately disclose their identity and the purpose of the call and prompt the recipient of the call to consent to the solicitation. Defines terms.
Spectrum: Moderate Partisan Bill (Democrat 39-6)
Status: (Engrossed) 2024-03-06 - Added as Co-Sponsor Sen. Tom Bennett [SB0160 Detail]
Download: Illinois-2023-SB0160-Engrossed.html
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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 |
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1 | person, business, or organization has a right to use the name | ||||||
2 | and the phone number displayed.
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3 | (Source: P.A. 90-541, eff. 6-1-98; 91-182, eff. 1-1-00.)
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