Notes

Manual voice calls to non-DNC numbers require prior express consent. MUST register with IL AG and post $25,000 bond. Scrub against BOTH Illinois Restricted Call Registry AND federal DNC. Calling hours 8 AM to 9 PM. Must identify yourself, company, and purpose. Illinois layers multiple statutes: ITSA (civil), RCRA (DNC + private action), ICFA (consumer fraud), and criminal automated calling statute. The aggregate liability per unauthorized call in Illinois is among the highest in the nation.

ATDS Definition

Illinois defines automated telephone equipment under 720 ILCS 5/17-52 to include any device that can store or produce telephone numbers and dial them, or deliver prerecorded messages. This is broadly aligned with the pre-Duguid federal standard and arguably broader than the post-Duguid interpretation.

Exemptions

EBR exemption for manual calls. Licensed professionals may have additional exemptions. Registration with IL AG required.

Statute

815 ILCS 305/; 815 ILCS 402/; 720 ILCS 5/17-52

Notes

SMS marketing to Illinois consumers requires prior express written consent. The RCRA private right of action ($500/violation) and BIPA (if voice/biometric data is involved) create massive litigation exposure. FCC one-to-one consent rule (Jan 2025) compounds the risk. Illinois is one of the most litigated states for SMS marketing claims.

ATDS Definition

Automated text messaging platforms fall under Illinois's automated telephone solicitation provisions. The RCRA and ITSA apply to text messages as commercial solicitations. BIPA may apply if text-based systems capture biometric data.

Exemptions

Transactional texts to existing customers may be exempt from solicitation rules but not from BIPA.

Statute

815 ILCS 305/; 815 ILCS 402/; 740 ILCS 14/

Notes

AI voice calls in Illinois are EXTREMELY HIGH RISK. You need: (1) Prior express written consent for the automated call itself; (2) Separate BIPA consent if your AI system captures or analyzes voiceprints (written, informed consent disclosing purpose and retention); (3) Registration with the IL AG and $25,000 bond. BIPA's $1,000-$5,000 per violation with no aggregate cap, combined with criminal automated calling penalties and RCRA private right of action, makes Illinois the most dangerous state in the country for AI voice outreach without comprehensive consent.

ATDS Definition

AI-generated voice calls trigger MULTIPLE Illinois statutes: (1) Automated calling restrictions under 720 ILCS 5/17-52; (2) Telemarketing rules under ITSA; (3) BIPA if the AI system captures, stores, or analyzes voiceprints or biometric identifiers from call participants. Illinois is the highest-risk state for AI voice outreach.

Statute

815 ILCS 305/; 720 ILCS 5/17-52; 740 ILCS 14/

Notes

Prerecorded messages to Illinois consumers require prior express written consent. Criminal liability (Class B misdemeanor) plus civil penalties (AG: $50,000; private: $500/call). Must identify caller and provide callback number within 30 seconds. Prohibited to emergency lines and healthcare facilities.

ATDS Definition

Prerecorded messages are explicitly covered by the criminal automated calling statute (720 ILCS 5/17-52) and the ITSA. Class B misdemeanor plus civil penalties.

Exemptions

Emergency and government notifications may be exempt.

Statute

815 ILCS 305/; 720 ILCS 5/17-52

Notes

RVM is not specifically addressed in Illinois statute, but the broad ATDS and prerecorded message definitions likely cover it. Given the CRIMINAL penalties for unauthorized automated calls plus the RCRA private right of action plus potential BIPA exposure, Illinois is among the worst states for unauthorized RVM. Treat as requiring prior express written consent.

ATDS Definition

Ringless voicemail is not explicitly addressed but falls under the automated calling and prerecorded message provisions. The broad definitions in Illinois statutes capture RVM.

Statute

815 ILCS 305/; 720 ILCS 5/17-52

Notes

MMS marketing follows the same rules as SMS in Illinois. Prior express written consent required. RCRA private right of action applies.

ATDS Definition

MMS messages are treated identically to SMS under Illinois law. Commercial multimedia messages trigger the same consent requirements.

Exemptions

Same exemptions as SMS.

Statute

815 ILCS 305/; 815 ILCS 402/

Notes

Fax advertising follows federal TCPA rules. Illinois ICFA may apply to deceptive content in fax solicitations.

ATDS Definition

Fax communications are governed by federal TCPA and the Junk Fax Prevention Act. Illinois does not have a separate state fax statute, but ICFA applies to deceptive fax solicitations.

Exemptions

EBR exemption under federal law with opt-out notice on each fax.

Statute

815 ILCS 505/; 47 U.S.C. § 227