815 ILCS 402/5
§ 815 ILCS 402/5. Definitions
Sec. 5. Definitions. As used in this Act:
(a)
"Residential subscriber" means a person or spouse who has subscribed to either residential telephone
service from a local exchange company or public mobile services, as defined by Section 13-214 of the Public
Utilities Act [220 ILCS 5/13-214], a guardian of the person or the person's spouse, or an individual who has
power of attorney from or an authorized agent of the person or the person's spouse.
(b)
"Established business relationship" means the existence of an oral or written transaction, agreement,
contract, or other legal state of affairs involving a person or entity and an existing customer under which
both parties have a course of conduct or established pattern of activity for commercial or mercantile purposes
and for the benefit or profit of both parties. A pattern of activity does not necessarily mean multiple
previous contacts. The established business relationship must exist between the existing customer and the
person or entity directly, and does not extend to any related business entity or other business organization
of the person or entity or related to the person or entity or the person or entity's agent including but not
limited to a parent corporation, subsidiary partnership, company or other corporation or affiliate.
(c)
"Existing customer" means an individual who has either:
(1)
entered into a transaction, agreement, contract, or other legal state of affairs between a person or
entity and a residential subscriber under which the payment or exchange of consideration for any goods or
services has taken place within the preceding 18 months or has been arranged to take place at a future time;
or
(2)
opened or maintained a debit account, credit card account, or other credit or discount program offered
by or in conjunction with the person or entity and has not requested the person or entity to close such
account or terminate such program.
(d)
"Registry" means the Restricted Call Registry established under this Act.
(e)
"Telephone solicitation" means any voice communication over a telephone line from a live operator, through
the use of an autodialer or autodialer system, as defined in Section 5 of the Automatic Telephone Dialers Act
[815 ILCS 305/5], or by other means for the purpose of encouraging the purchase or rental of, or investment
in, property, goods, or services, or for the purposes of soliciting charitable contributions but does not
include communications:
(1)
to any residential subscriber with that subscriber's prior express invitation or permission when a
voluntary 2-way communication between a person or entity and a residential subscriber has occurred with or
without an exchange of consideration. A telephone solicitation is presumed not to be made at the express
request of a subscriber if one of the following occurs, as applicable:
(A)
The telephone solicitation is made 30 business days after the last date on which the subscriber
contacted a business with the purpose of inquiring about the potential purchase of goods or services.
(B)
The telephone solicitation is made 30 business days after the last date on which the subscriber
consented to be contacted.
(C)
The telephone solicitation is made 30 business days after a product or service becomes available
where the subscriber has made a request to the business for that product or service that is not then
available, and requests a call when the product or service becomes available;
(2)
by or on behalf of any person or entity with whom a residential subscriber has an established business
relationship which has not been terminated in writing by either party and which is related to the nature of
the established business relationship;
(3)
by or on behalf of any person or entity with whom a residential subscriber is an existing customer,
unless the customer has stated to the person or entity or the person or entity's agent that he or she no
longer wishes to receive the telemarketing sales calls of the person or entity, or unless the nature of the
call is unrelated to the established business relationship with the existing customer;
(4)
by or on behalf of an organization that is exempt from federal income taxation under Section 501(c) of
the Internal Revenue Code [26 U.S.C. § 501], but only if the person making the telephone solicitation
immediately discloses all of the following information upon making contact with the consumer:
(A)
the caller's true first and last name; and
(B)
the name, address, and telephone number of the organization;
(5)
by or on behalf of an individual licensed under the Real Estate License Act of 2000 [225 ILCS 454/1-1
et seq.] or as an insurance producer under the Illinois Insurance Code [215 ILCS 5/1 et seq.] who either:
(A)
is setting or attempting to set a face to face appointment for actions relating to that individual's
real estate or insurance business; or
(B)
is encouraging or attempting to encourage the purchase or rental of, or investment in, property,
goods, or services, which cannot be completed, and for which payment or authorization of payment is not
required, until after a written or electronic agreement is signed by the residential subscriber; or
(6)
until July 1, 2005, by or on behalf of any entity over which the Federal Communications Commission or
the Illinois Commerce Commission has regulatory authority to the extent that, subject to that authority, the
entity is required to maintain a license, permit, or certificate to sell or provide telecommunications
service, as defined in Section 13-203 of the Public Utilities Act [220 ILCS 5/13-203], while the entity is
engaged in telephone solicitation for inter-exchange telecommunications service, as defined in Section 13-205
of the Public Utilities Act [220 ILCS 5/13-205], or local exchange telecommunications service, as defined in
Section 13-204 of the Public Utilities Act [220 ILCS 5/13-204] or to the extent, subject to the regulatory
authority of the Federal Communications Commission, the entity is defined by Title 47 Section 522(5) of the
United States Code, or providers of information services as defined by Title 47 Section 153(20) of the United
States Code.
RESTRICTED CALL REGISTRY ACT
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