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Minor changes for state's Restricted Call Registry

November 22, 2010
Effective Oct. 1, telephone solicitors who call numbers that appear on the Illinois Restricted Call Registry face fines of $1,000 for the first violation and $2,500 for a second or subsequent violation, with each violation constituting a separate and distinct offense. The state regulation resembles the federal Telemarketing Sales Rule, maintained by the Federal Trade Commission, although the time periods in which calls are permitted vary slightly. Between the two, the shorter time period always must be honored in Illinois: The state regulation contains a list of factors to consider when determining whether a violation has occurred, as well as a limitations period. However, the regulation also contains what amounts to be a safe harbor provision: No entity shall be held in violation of the act is (1) the entity has obtained and updated copies of the Registry and has implemented written policies and procedures with respect to the Act's requirements; (2) personnel have received training with respect to the Act; (3) the entity maintains records related to compliance with the Act; and (4) any subsequent violation is the result of unintentional error. Telemarketers must download an updated Do-Not-Call list within one month of any telemarketing call.