Duty LXD-1600
Sends automated outreach, in Illinois
Illinois Electronic Mail Actsince 4 lines
815 ILCS 511 · Read the law's page
- Do not initiate, or cause to be initiated, an unsolicited commercial email (one to a recipient with whom you have no prior or existing business or personal relationship, sent without their request or express consent) that uses a third party's Internet domain name without permission, otherwise misrepresents its point of origin or transmission path, or contains false or misleading information in the subject line.
- Establish a toll-free number or a valid sender-operated return email address the recipient of an unsolicited commercial email can use to ask you to stop, and do not sell or transfer the address of anyone who has made that request.
- Begin the subject line of every unsolicited commercial email with ADV:, or with ADV:ADLT where the message concerns goods, services or credit that only a person 18 or older may obtain.
- These duties apply where the message is delivered to an Illinois resident through an email service provider's service or equipment located in Illinois.
Personal Information Protection Act, safe disposal of personal informationsince 4 lines
815 ILCS 530/40 (P.A. 97-483, eff. ) · Read the law's page
- This binds any person, including a natural person, a corporation, another legal entity, a unit of local government, or the State of Illinois or one of its agencies, that disposes of materials containing personal information about an Illinois resident, except a financial institution regulated under Gramm-Leach-Bliley Act Title V or a person subject to the disposal rule at 15 U.S.C. 1681w.
- Dispose of paper records containing personal information by redacting, burning, pulverizing, or shredding them, and destroy or erase electronic media containing personal information, so the information cannot practicably be read or reconstructed.
- As a third party contracted by a person to dispose of the materials, implement and monitor compliance with policies and procedures that prohibit unauthorized access to, acquisition of, or use of personal information during collection, transportation, and disposal.
- A violation carries a civil penalty of up to $100 per individual whose information was improperly disposed of, capped at $50,000 per instance of improper disposal, imposed by the Attorney General after notice and an opportunity to be heard; Section 20 separately deems a violation of this Act an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act, opening the Attorney General's and a private plaintiff's remedies under 815 ILCS 505/7 and 505/10a as well.
Personal Information Protection Act, data security dutysince 2 lines
815 ILCS 530/45 (P.A. 99-503, eff. ) · Read the law's page
- Implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification, or disclosure.
- Require, by contract, that any party to whom personal information is disclosed also implement and maintain reasonable security measures over it.
- This binds any data collector, including a government agency, a public or private university, or a privately or publicly held corporation, that owns, licenses, maintains, or stores records containing personal information about an Illinois resident.
- A data collector already subject to and compliant with Gramm-Leach-Bliley Act Title V standards, or with a state or federal law that requires greater protection, is deemed to comply with this duty.
- There is no dedicated penalty for this section; a violation is deemed an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act, exposing a violator to a private action for actual damages and attorneys' fees under 815 ILCS 505/10a and to an Attorney General action for injunctive relief and a civil penalty of up to $50,000, or up to $50,000 per violation where the court finds intent to defraud, under 815 ILCS 505/7.
Illinois Automatic Telephone Dialers Actin force5 lines
815 ILCS 305 · Read the law's page
- Do not play a prerecorded sales message placed by an autodialer without the called party's consent.
- Do not operate an autodialer, a device that stores telephone numbers and dials them sequentially or randomly to connect a call with a recorded sales message, to place a call between 9 p.m. and 9 a.m., or to call an emergency telephone number.
- Disconnect within 30 seconds after the call ends; if that is not technically feasible, have a live operator state their name, the name, address, and telephone number of the business or organization represented, and the purpose of the call, and ask at the outset whether the called person consents to hear the prerecorded message.
- Do not use an autodialer to dial numbers by successively increasing or decreasing digits, and do not operate it in a way that impedes a called party's caller ID display when your equipment can display your number.
- None of these duties except the caller-ID rule applies to a call made at the called person's express request, to a person you have a prior or existing business relationship with, or for a political, charitable, public-opinion-polling, research-survey, or broadcast-rating organization.
Illinois Telephone Solicitations Actin force6 lines
815 ILCS 413 · Read the law's page
- Do not solicit a sale by a telephone call between 9 p.m. and 8 a.m., or call an emergency telephone number.
- As a live operator, immediately state your name, the name of the business or organization you represent, and the purpose of the call, ask at the outset whether the called person consents to the solicitation, and do not continue without that consent.
- If the called person asks to be taken off your contact list, do not call that person again and remove their name and number from your contact records; complying with the Federal Trade Commission's Telemarketing Sales Rule do-not-call provision satisfies this duty.
- Do not solicit in a way that impedes a called party's caller ID display when your equipment can display your number.
- Do not obtain or submit for payment a check, draft, or other negotiable paper drawn on a person's account or bond without that person's express written consent.
- These duties, except the caller-ID rule, do not reach a call made by an autodialer (the Automatic Telephone Dialers Act governs it) or by a registered securities professional acting within that registration, and none reaches a telecommunications carrier or a bank, credit union, licensed lender, insurer or real estate licensee, or their affiliates and agents.