Bill Text: IL SB3754 | 2019-2020 | 101st General Assembly | Introduced

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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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3754 Detail]

Download: Illinois-2019-SB3754-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3754 Introduced 2/14/2020, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED:
815 ILCS 413/5
815 ILCS 413/15
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.
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A BILL FOR
SB3754 LRB101 16341 JLS 65717 b
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 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, rescue
service, the 911 emergency access number provided by law
enforcement agencies and police departments.
"Spoof" or "spoofing" means to deliberately falsify the
information transmitted on a caller ID display to disguise an
identity or phone number.
"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.

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"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.
(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 Section
310.4(b) of the Federal Trade Commission's Telemarketing
Sales Rule shall constitute compliance with this

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subsection (b)(3) of this Section.
(b-5) Any telephone call soliciting the sale of goods or
services placed in a manner other than by live operator shall:
(1) immediately state the business or organization
being represented, and the purpose of the call;
(2) prompt the person called to confirm whether the
person consents to solicitation, either by audio
confirmation or selection of a number on the phone; and
(3) if the person called does not consent to
solicitation, the business or organization 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 Section 310.4(b) of the
Federal Trade Commission's Telemarketing Sales Rule shall
constitute compliance with subsection (b-5)(3) of this
Section.
(c) A person, business, or organization 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.
(d) A person, business, or organization may not spoof a
caller's information or otherwise cause misleading information
to be transmitted to a recipient's caller ID or to otherwise

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misrepresent the origin of a telemarketing call, unless the
person, business or organization has a right to use the name
and the phone number displayed.
(Source: P.A. 90-541, eff. 6-1-98; 91-182, eff. 1-1-00.)