HB 3555

Abstract

Creates the Junk Mail Opt-Out List Act. Makes legislative declarations. Defines terms including bulk mailer, junk mail, and postal patron. Provides that by July 1, 2020, the Attorney General shall establish and provide for the operation of the Illinois Junk Mail Opt-Out List, containing the addresses of postal patrons who have given notice that they do not wish to receive junk mail. Provides that no person shall send junk mail to a postal patron who has registered for the Opt-Out List. Provides that any person who wishes to send junk mail shall consult the Opt-Out List each calendar quarter. Provides that mail sent by a small business, a political entity, or a charitable entity exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or by a business to its customers, is not junk mail. Provides that the civil penalties for violations are set on a sliding scale. Provides that the State does not have any liability to a person for any failures in enforcement of the Act. Provides that the Attorney General shall provide by rule for fees on a sliding scale for persons and entities that want to send junk mail, but who will honor the List. Provides for: referral and investigation of complaints; inclusion in the Opt-Out List; violations; remedies; exemptions; and other matters. Creates the Junk Mail Opt-Out List Fund as a special fund, provides that fees and civil penalties shall be deposited into the Fund and that moneys in the Fund shall be used for implementation, administration, and enforcement of the new Act, and amends the State Finance Act to list the new Fund as a special fund. Effective immediately.