Illinois TCPA and telemarketing law
Illinois has its own telemarketing statute with a private right of action. Its consent standard is stricter than the current federal one.
| Statute | 815 ILCS 305 (Automatic Telephone Dialers Act); 815 ILCS 413 (Telephone Solicitations Act) | ↗ |
| Consent standard | Prior express consent | ↗ |
| Stricter than federal | Yes | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | $500 / violation | ↗ |
| Covers text messages | No | ↗ |
| Cure period | Not yet verified |
Illinois has two telemarketing statutes. The Automatic Telephone Dialers Act (815 ILCS 305) covers autodialers that connect a telephone with a recorded sales message. It bans calls between 9 p.m. and 9 a.m. and makes it a violation to play a prerecorded message without the called party's consent. The Telephone Solicitations Act (815 ILCS 413) covers live-operator sales calls: the caller must identify the business and the purpose of the call, ask at the start whether the person consents, and stop if they do not. Both Acts reach voice calls, not texts.
Under both Acts, any injured customer can sue and recover three times actual damages plus costs and attorney fees. The autodialer Act adds statutory damages of $500 per violation. Violations of either Act are unlawful practices under the Consumer Fraud Act, enforceable by the Attorney General.
Source: 815 ILCS 305 (Automatic Telephone Dialers Act); 815 ILCS 413 (Telephone Solicitations Act) ↗