The Illinois Automatic Telephone Dialers Act establishes legal standards for automated telephone systems that deliver recorded messages. It restricts certain calling methods, establishes consumer consent requirements, and allows qualifying individuals to pursue financial remedies.
Understanding this law can help Illinois residents recognize potential violations and determine which records may support a complaint.
What Is the Illinois Automatic Telephone Dialers Act?
Illinois enacted the Automatic Telephone Dialers Act to regulate automated equipment that connects telephone calls with recorded messages.
The statute appears in Chapter 815, Act 305, of the Illinois Compiled Statutes.
Its definition of an autodialer focuses on equipment programmed to access stored telephone numbers sequentially or randomly and connect calls with recorded messages.
This distinction matters because not every computerized telephone system qualifies under the statute.
A business using software to connect a customer with a live representative may present different legal issues than a system delivering a prerecorded sales presentation.
Restrictions on Automated Telephone Equipment
Illinois places several operational requirements on covered autodialer systems.
The law prohibits covered calls between 9 p.m. and 9 a.m. It also restricts sequential dialing, interference with available caller identification, and calls to protected emergency numbers.
Another provision addresses disconnection after a call ends. Equipment generally must release the telephone connection within 30 seconds.
Where the equipment cannot meet that requirement, the statute establishes additional conditions involving live-operator identification and permission before a recording plays.
These technical rules help distinguish lawful automated communications from conduct that may violate Illinois requirements.
Why Consent Matters for Recorded Messages
Consent is central to the Illinois statute.
A covered autodialer operator cannot play a prerecorded message without the called party's consent.
Consider a homeowner who receives a recorded sales message from a company the homeowner has never contacted.
If the call uses equipment covered by the statute and the homeowner did not consent, the communication may support a legal claim.
The analysis changes when the recipient previously authorized the communication. The scope of that permission, the caller's identity, and the method of delivery can all matter.
A business relationship alone should not be treated as automatic proof that every type of recorded call is permitted.
Did You Know? Illinois Has Different Calling Hours
Illinois uses different calling-hour restrictions for covered autodialers and live telephone solicitors.
The Automatic Telephone Dialers Act generally prohibits covered calls from 9 p.m. until 9 a.m.
The Telephone Solicitations Act prohibits covered live sales calls from 9 p.m. until 8 a.m.
That one-hour morning difference can affect how a particular call is evaluated.
For example, an automated recorded solicitation received at 8:30 a.m. may raise an Illinois autodialer issue even though the same time would fall outside the live-solicitation statute's prohibited period.
The call's technology and purpose must still satisfy the applicable law.
Financial Remedies Under 815 ILCS 305
Illinois provides a private legal remedy for qualifying autodialer violations.
An injured consumer may recover three times actual damages, along with court costs and reasonable attorney fees.
Section 30 also provides $500 in statutory damages per violation.
These remedies can be significant when a consumer receives repeated unlawful recorded calls.
Suppose a person documents four separate calls that each satisfy the statutory requirements. The statutory-damages component could total $2,000 before considering any other legally available relief.
That figure is an illustration, not a prediction of a court award. Each alleged violation must be established.
Building Evidence of an Autodialer Violation
The strongest evidence often concerns what the recipient actually heard.
A saved voicemail containing a prerecorded sales message can help establish that a recording was used.
A call-history screenshot may establish when the communication occurred. Notes can identify the business, advertised service, and any statements about consent.
It is also useful to document whether the caller used different telephone numbers.
Multiple numbers do not necessarily mean multiple companies are responsible. Identifying the business behind the calls may require additional investigation.
Common Questions Around Illinois Autodialer Laws
Does the Illinois law cover every automated telephone call?
No. The equipment and recorded-message requirements must be considered.
Is a recorded sales call always unlawful?
No. Consent and other statutory conditions affect whether a violation occurred.
Can repeated calls create separate violations?
They may. Each call must be evaluated under the applicable statutory provisions.
Does Illinois allow attorney fees in qualifying claims?
Yes. The Automatic Telephone Dialers Act provides for reasonable attorney fees and costs in qualifying actions.
