Illinois Administrative Code › Title 14 - COMMERCE › Part 300 - RESTRICTED CALL REGISTRY › Subpart A - GENERAL PROVISIONS › Section 300.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following terms as used in this Part shall have the
				  definitions shown:
"Act" means the Restricted Call Registry Act [815 ILCS 402
				  ].
"Commission" means the Illinois Commerce Commission.
"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. (Section 5 of the Act [815 ILCS
				  402/5 ])
"Existing customer" means an individual who has either
				  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 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. (Section 5 of the Act)
"Local exchange telecommunications company" means a local
				  exchange telecommunications carrier certificated by the Illinois Commerce
				  Commission to provide intra-exchange and/or inter-exchange service within the
				  same market service area pursuant to Sections 13-209 and 13-210 of the Public
				  Utilities Act [220 ILCS 5/13-209 and 13 -210].
"Registry" means the Restricted Call Registry established
				  under the Act. (Section 5 of the Act)
"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. (Section 5 of the
				  Act)
"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:
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:
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.
The telephone solicitation is made 30 business days after the
				  last date on which the subscriber consented to be contacted.
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;
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;
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's 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;
by or on behalf of an organization that is exempt from
				  federal income taxation under section 501(c) of the Internal Revenue Code (
				  26 USC
				  501(c) ), but only if the
				  person making the telephone solicitation immediately discloses all of the
				  following information upon making contact with the consumer:
the caller's true first and last name; and
the name, address, and telephone number of the
				  organization;
by or on behalf of an individual licensed under the Real
				  Estate License Act of 2000 [225 ILCS 454 ] or as an insurance producer under
				  the Illinois Insurance Code [215 ILCS 5 ] who either:
is setting or attempting to set a face to face appointment
				  for actions relating to that individual's real estate or insurance business;
				  or
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
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 (
				  47
				  USC 522(5) ), or providers
				  of information services as defined by Title 47, section 153(20) of the United
				  States Code (
				  47
				  USC 153(20) ). (Section 5 of
				  the Act)