Bill
HB 2435
Illinois prohibits autodialed commercial calls unless consent or a business relationship exists, and grants a private $500-per-violation damages remedy with stronger enforcement.
Summary
This bill amends the Illinois Telephone Solicitations Act to broadly restrict commercial telephone solicitations made using automatic dialing systems (autodialers), voicemail drops, or computer programs that mimic live operators. It makes autodialed commercial calls unlawful unless the recipient has expressly consented (or there is an existing business relationship). The measure also strengthens enforcement by creating a private right of action (statutory damages) and by treating Telephone Solicitation Act violations as unlawful practices under the Illinois Consumer Fraud and Deceptive Business Practices Act.
Key purposes and intent
- Reduce unwanted robocalls and automated commercial solicitations to Illinois telephone subscribers.
- Provide consumers a clear statutory remedy and expand Attorney General enforcement tools.
- Align the definition of autodialers with the federal Telephone Consumer Protection Act (TCPA, 47 U.S.C. §227).
Major provisions
- Definition: “Automatic telephone dialing system” adopts the TCPA definition; includes sending voicemail or artificial-voice messages directly to a recipient.
- Prohibition: No person may initiate a commercial telephone solicitation in Illinois via an autodialer, voicemail drop, or computer program that mimics a human operator unless:
- The called person has expressly consented to be contacted that way, or
- There is an existing business relationship.
- Consent rules:
- Express consent may be withdrawn at any time in the same manner it was given.
- Consent is not transferable or assignable to another party.
- In some bill versions, consent is valid for one year (explicitly stated in earlier drafts).
- Live operator requirements: operators must identify themselves and their organization, state the purpose, ask for consent at call start, and promptly honor opt-out requests (remove number from contact records).
- Caller ID: callers may not block or otherwise impede recipient Caller ID when their systems can provide a number.
- Exemptions: calls or alerts made through emergency numbers; by federal, state, or local government or officials acting in capacity; (in some drafts) certain exempt nonprofits, licensed healthcare providers, public utilities or calls otherwise permitted by law; regulated securities-related calls retain limited exemptions but must still comply with disclosure/consent rules.
- Enforcement and remedies:
- Private right of action: a person who receives an autodialed solicitation in violation may recover $500 per violation (plus costs and reasonable attorney fees). Other violations allow recovery of actual damages (or treble damages in some contexts) and attorney fees.
- Attorney General: violations are unlawful practices under the Consumer Fraud Act; AG may seek relief and damages on behalf of consumers.
- The bill adds Telephone Solicitations Act violations explicitly to the list of unlawful practices in the Consumer Fraud Act (new statutory cross-references).
Who is affected
- Businesses and call centers that use autodialers, predictive dialers, automated voicemail sends, or AI-driven call-mimicking systems for commercial solicitations.
- Telemarketing firms, debt collectors, and other commercial callers who currently rely on autodialing technology.
- Consumers/telephone subscribers gain statutory damages and stronger protections.
- Government agencies, certain healthcare providers, public utilities, and some nonprofits may be exempt as specified.
Procedural status and timeline highlights
- Introduced: Feb 5, 2025.
- Passed Illinois House (third reading) — April 9, 2025 (113–0).
- Transmitted to/received in Senate: April 10, 2025; assigned to committees (Energy & Public Utilities; Assignments) and placed on Senate calendar.
- Senate Floor Amendment No. 1 filed May 21, 2025 (Sen. Elgie R. Sims, Jr.); other amendments considered.
- Multiple co-sponsors and amendments added through May–June 2025; most recent recorded co-sponsor addition: Sen. Meg Loughran Cappel (June 4, 2025).
- Note: earlier versions of HB 2435 (in the packet) briefly contained unrelated Arizona statutory text regarding homelessness and a state audit; that language was subsequently replaced by the Telephone Solicitations Act amendments.
Potential impacts and considerations
- Likely reduction in autodialed commercial calls to Illinois numbers; increased compliance costs for businesses that use autodialing technology (consent recording, opt-out processing, system changes).
- Overlap with federal TCPA: businesses will need to navigate both federal and state requirements; potential legal challenges regarding preemption or duplicative regulation could arise.
- Expands Attorney General enforcement tools and creates a substantial private statutory damages remedy ($500 per violation), increasing litigation risk for noncompliant callers.
Compiled from official sources — confirm details with the bill’s official record.
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