Mini-TCPA in effectLast verified 2026-10-07

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.

At a glance
Statute815 ILCS 305 (Automatic Telephone Dialers Act); 815 ILCS 413 (Telephone Solicitations Act)↗
Consent standardPrior express consent↗
Stricter than federalYes↗
Private right of actionYes↗
Statutory damages$500 / violation↗
Covers text messagesNo↗
Cure periodNot yet verified
The federal layerApplies in every state
Delayed
Revocation must apply across all unrelated matters
An opt-out on one subject applies to all unrelated marketing
2027-01-31↗
In effect
Revocation by any reasonable method; no exclusive means
Honor within 10 business days, by any reasonable method
2025-04-11↗
Vacated
One-to-one consent for lead generators
Struck down by the Eleventh Circuit
2025-01-24↗
What’s different here

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) ↗

Compliance checklistFederal baseline
01Consent language names the calling party, not “our partners”
02Checkbox unchecked by default and unbundled from terms
03Opt-outs accepted by any reasonable method, not STOP only
04Suppression propagates across voice, SMS, and email
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