Bill Text: IL SB2136 | 2013-2014 | 98th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Makes a technical change in a Section concerning the short title.

Spectrum: Bipartisan Bill

Status: (Passed) 2013-08-26 - Public Act . . . . . . . . . 98-0546 [SB2136 Detail]

Download: Illinois-2013-SB2136-Engrossed.html

---

SB2136 Engrossed LRB098 06596 WGH 36639 b
AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Automatic Telephone Dialers Act is amended
by changing Section 30 and by adding Section 22 as follows:
(815 ILCS 305/22 new)
Sec. 22. Recordkeeping.
(a) A person who operates an autodialer to communicate a
commercial message shall maintain a list of all telephone
numbers called.
(b) A person who operates an autodialer to communicate a
commercial message shall maintain records to sufficiently
document any exemption claimed under Section 20 of this Act.
(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 prerecorded
message placed by an autodialer without the consent of the

SB2136 Engrossed - 2 - LRB098 06596 WGH 36639 b
called party.
(c) 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) 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
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. 91-182, eff. 1-1-00.)
Section 10. The Restricted Call Registry Act is amended by
adding Sections 45 and 50 as follows:

SB2136 Engrossed - 3 - LRB098 06596 WGH 36639 b
(815 ILCS 402/45 new)
Sec. 45. Recordkeeping.
(a) A person who makes or causes to be made calls to
communicate a commercial message subject to this Act shall
maintain a list of all telephone numbers called.
(b) A person who makes or causes to be made calls to
communicate a commercial message subject to this Act shall
maintain records to sufficiently document any exemption
claimed under Section 40 of this Act.
(815 ILCS 402/50 new)
Sec. 50. Enforcement by subscriber. Any subscriber who
receives a call in violation of this Act may bring an action
for the recovery of damages. In addition to actual damages, if
any, the subscriber may obtain statutory damages in the amount
of $500 per violation.
Section 99. Effective date. This Act takes effect upon
becoming law.