(815 ILCS 402/40)
Sec. 40. Exemption.
(a) A person or entity may not be held liable for violating this Act if:
(1) the person or entity has obtained copies of the
Registry and updates in compliance with this Act and has established and implemented written policies and procedures related to the requirements of this Act;
(2) the person or entity has trained its personnel in
the requirements of this Act;
(3) the person or entity maintains records
demonstrating compliance with subdivisions (1) and (2) of this Section and the requirements of this Act; and
(4) any subsequent telephone solicitation is the
result of unintentional error.
(b) A person or entity that has entered into a contract with another person or entity to make telephone solicitations on its behalf is not liable for a violation of this Act by the person or entity making telephone solicitations under the contract if the person or entity on whose behalf the telephone solicitations were made has provided written notification to the person or entity making telephone solicitations under the contract that it is necessary to comply with the provisions of this Act when making telephone solicitations.
(Source: P.A. 92-795, eff. 8-9-02; 93-49, eff. 6-30-03.)
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Last modified: February 18, 2015