Bill Text: IL SB3340 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Creates the Telemarketing Disclosure and Privacy Act. Provides that telemarketers may not interfere with the operation of a caller identification device or service. Provides for the Illinois Commerce Commission to impose an administrative penalty not to exceed $1,000 for each violation. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3340 Detail]

Download: Illinois-2019-SB3340-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3340 Introduced 2/11/2020, by Sen. Dan McConchie SYNOPSIS AS INTRODUCED:
New Act
Creates the Telemarketing Disclosure and Privacy Act. Provides that telemarketers may not interfere with the operation of a caller identification device or service. Provides for the Illinois Commerce Commission to impose an administrative penalty not to exceed $1,000 for each violation. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Telemarketing Disclosure and Privacy Act.
Section 5. Definitions. As used in this Act:
"Caller identification information" means the name,
telephone number, or other identifying data of the person or
entity originating a call using a telecommunications service or
voice over Internet protocol (VoIP).
"Caller identification service" means any service or
device designed to provide the user of the service or device
with the telephone number or other information regarding the
origination of a call made using a telecommunications service
or VoIP service. This term includes automatic number
identification services.
"Telemarketer" means a person who makes or causes to be
made a telemarketing call.
"Telemarketing call" means an unsolicited telephone call
made to:
(1) solicit a sale of a consumer good or service;
(2) solicit an extension of credit for a consumer good
or service; or

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(3) obtain information that may be used to solicit a
sale of a consumer good or service or to extend credit for
the sale.
Section 10. Circumvention of caller identification
prohibited.
(a) A telemarketer may not:
(1) interfere with or circumvent the capability of a
caller identification service or device to access or
provide to the recipient of the telemarketing call any
information regarding the call that the service or device
is capable of providing;
(2) fail to provide caller identification information
in a manner that is accessible by a caller identification
service or device, if the telemarketer is capable of
providing the information in that manner; or
(3) cause misleading information to be transmitted to a
recipient's caller identification service or device or to
otherwise misrepresent the origin of a telemarketing call.
(b) A telemarketer does not violate this Section if the
telemarketer substitutes the name and telephone number of the
person on whose behalf the call is made for the telemarketer's
name and telephone number.
Section 15. Enforcement. The Illinois Commerce Commission
shall receive and investigate complaints concerning violations

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of this Act and may impose an administrative penalty not to
exceed $1,000 for each violation.
Section 99. Effective date. This Act takes effect upon
becoming law.