Law / United States / 
Illinois
Illinois Telephone Solicitations Act
In force.
A telephone contact rule binding private bodies.
- Criminal exposure
- No
- Private right of action
- Yes
- Obligation class
- Consent, Disclosure, Prohibition
As of .
What it requires
- 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.
Who enforces it
Enforcement body
A private civil action under 815 ILCS 413/25(d); the Illinois Attorney General, treating a violation as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.
What this law does
The Act governs a telephone solicitation, defined as a communication through the use of a telephone by live operators for soliciting the sale of goods or services. It bars soliciting a sale by a telephone call between 9 p.m. and 8 a.m., and requires the live operator to state immediately their name, the name of the business or organization represented, and the purpose of the call, and to ask at the outset whether the called person consents to the solicitation.
It is a violation to continue a live-operator solicitation without the called party's consent, or to call an emergency telephone number. If the called person asks to be taken off the caller's contact list, the operator must not call again and the business must remove the person's name and number from its contact records, though compliance with the Federal Trade Commission's Telemarketing Sales Rule do-not-call provision satisfies this duty.
A telephone solicitor may not impede a called party's caller ID display when its equipment is capable of transmitting it. A telephone solicitor may 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.
The Act does not apply to a telecommunications carrier, or to a bank, trust company, savings and loan association, credit union, licensed consumer installment lender, licensed insurer, or licensed real estate broker, or their affiliates, subsidiaries, employees, or agents.
It also does not apply to a call made by an autodialer, which the Automatic Telephone Dialers Act separately governs, or to a call made by a registered securities dealer, investment adviser, or salesperson acting within the scope of that registration, though every call must still comply with the caller-ID rule.
A customer injured by a violation may sue for three times actual damages plus costs and attorney's fees, and the Attorney General may separately enforce the Act as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.
When LexLint raises it
When your app profile says your app sends automated outreach.