Illinois Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

Overview

Illinois regulates telephone marketing through three statutes, each enforced through the Consumer Fraud and Deceptive Business Practices Act (CFA), 815 ILCS 505:

• Automatic Telephone Dialers Act (ATDA), 815 ILCS 305. Covers automated calls that deliver recorded sales messages. It:
• bars autodialer calls between 9 p.m. and 9 a.m.;
• requires prompt disconnection;
• prohibits dialing numbers in successively increasing or decreasing order;
• prohibits playing a prerecorded message without the called party's consent;
• gives injured customers treble damages, attorney fees, and 500 dollars in statutory damages per violation.
• Telephone Solicitations Act (ITSA), 815 ILCS 413. Covers live-operator sales calls. It:
• bars calls between 9 p.m. and 8 a.m.;
• requires the operator to identify himself or herself and the business, state the purpose, and ask at the outset whether the person consents to the solicitation;
• requires honoring removal requests;
• prohibits interfering with caller ID;
• gives injured customers treble actual damages and fees.
• Internet Caller Identification Act, 815 ILCS 517. Prohibits displaying false caller ID through Internet phone equipment.

Illinois no longer has a state do-not-call registry. The Restricted Call Registry Act, 815 ILCS 402, was repealed by Public Act 100-621, effective July 20, 2018. The federal National Do Not Call Registry governs.

The Attorney General enforces all three statutes through the CFA, with civil penalties up to 50,000 dollars.

The two calling statutes divide the field: the ITSA "shall not apply to telephone calls made by an autodialer," except its caller ID rule. 815 ILCS 413/20(a). Federal decisions applying the two statutes show that this division affects how claims are pleaded.

Key statutes table

Detailed provisions

Do-not-call

No state registry. The Illinois Compiled Statutes list the Restricted Call Registry Act, 815 ILCS 402, as "Repealed by P.A. 100-621." Illinois relies on the National Do Not Call Registry, enforced under 47 U.S.C. § 227(c) and the Federal Trade Commission's (FTC) Telemarketing Sales Rule (TSR), 16 C.F.R. Part 310.

Company-specific removal. For live calls, "if the person called requests to be taken off the contact list of the business or organization, the operator must refrain from calling that person again and take all steps necessary to have that person's name and telephone number removed from the contact records of the business or organization so that the person will not be contacted again by the business or organization." 815 ILCS 413/15(b)(3).

The statute provides a federal safe harbor: "Compliance with Section 310.4(b) of the Federal Trade Commission's Telemarketing Sales Rule shall constitute compliance with this subsection (b)(3) of this Section." Id.

The Illinois text has no time limit. On its face, a removal request bars further calls permanently, unless the TSR compliance safe harbor applies. The federal rule requires that a do-not-call request "must be honored for 5 years from the time the request is made." 47 C.F.R. § 64.1200(d)(6).

Registration and bond

No Illinois telemarketer registration or bond requirement was identified.

Calling hours

Illinois has two different windows:

• Autodialers: "No person shall operate an autodialer in this State to place a telephone call during the hours between 9 p.m. and 9 a.m." 815 ILCS 305/15(a).
• Live solicitations: "No person shall solicit the sale of goods or services in this State by placing a telephone call during the hours between 9 p.m. and 8 a.m." 815 ILCS 413/15(a).

The autodialer window starts one hour later than the federal 8 a.m. start. 47 C.F.R. § 64.1200(c)(1). Neither Illinois statute states whose local time controls. The federal rule uses "local time at the called party's location." Id.

Call frequency

Illinois sets no numeric limit on call frequency. The removal duty in 815 ILCS 413/15(b)(3) and the consent requirements limit repeat contacts.

Automated dialing compared with Facebook v. Duguid

Definition. "'Autodialer' or 'Autodialer System' means any telephone dialing or accessing device, machine, computer or system capable of storing telephone numbers which is programmed to sequentially or randomly access the stored telephone numbers in order to automatically connect a telephone with a recorded message." 815 ILCS 305/5(a). The term "does not include any device associated with a burglar alarm system, voice message system or fire alarm system." Id.

A "Recorded Message" "means any taped communication soliciting the sale of goods or services without live voice interaction." 815 ILCS 305/5(c).

Comparison with Duguid. In Facebook, Inc. v. Duguid, 592 U.S. 395 (2021), the Supreme Court held that a federal autodialer must use a random or sequential number generator to store or produce numbers. The Illinois definition differs in two ways:

• It may be broader in one respect. It covers a system "capable of storing telephone numbers" that is programmed "to sequentially or randomly access the stored telephone numbers." On its face, it does not require that the numbers be generated randomly or sequentially, so dialing from a stored list in sequential or random order may be enough. No Illinois decision addressing the point was located.
• It is narrower in another. The system must "automatically connect a telephone with a recorded message" soliciting a sale. On the text, a predictive dialer that connects calls to live agents, without a recorded message, does not appear to be an "autodialer" under the ATDA, though its calls may be subject to the ITSA.

Operating rules. All autodialers operated in Illinois "shall disconnect within 30 seconds after termination of the call by the subscriber or the autodialer." 815 ILCS 305/15(b). Where that is not technically feasible, a live operator must:

• "state his name, the name, address and telephone number of the business or organization being represented and the purpose of the call"; and
• "inquire at the beginning of the call whether the person called consents to hear the prerecorded message." Id.

"An autodialer shall not be used to dial numbers determined by successively increasing or decreasing integers." 815 ILCS 305/15(c).

Consent for prerecorded messages. "It is a violation of this Act to play a prerecorded message placed by an autodialer without the consent of the called party." 815 ILCS 305/30(b). It is also a violation "to make or cause to be made telephone calls utilizing an autodialer to any emergency telephone number as defined in Section 5." 815 ILCS 305/30(a).

Recordkeeping. "A person who operates an autodialer to communicate a commercial message shall maintain a list of all telephone numbers called." 815 ILCS 305/22(a). The operator must also "maintain records to sufficiently document any exemption claimed under Section 20 of this Act." 815 ILCS 305/22(b).

Text messages

Neither the ATDA nor the ITSA mentions text messages. The ATDA's definitions turn on connecting "a telephone with a recorded message," described as a "taped communication." The ITSA covers "any communication through the use of a telephone by live operators." 815 ILCS 413/5.

Federal courts in Illinois have analyzed ATDA claims based on text messages using elements borrowed from TCPA case law, without deciding whether a text is a "recorded message." Coverage of texts under the Illinois statutes is unsettled.

On the federal side, the Seventh Circuit, which includes Illinois, held in July 2026 that 47 U.S.C. § 227(c)(5) does not permit plaintiffs to sue for unwanted text messages. Steidinger v. Blackstone Medical Services, No. 25-2398 (7th Cir. July 14, 2026). That decision binds federal courts in Illinois on the federal do-not-call private action. It does not address the Illinois statutes.

Caller ID

Both calling statutes bar caller ID interference:

• "An autodialer may not be operated in a manner that impedes the function of any caller ID when the telephone solicitor's service or equipment is capable of allowing the display of the solicitor's telephone number." 815 ILCS 305/15(d).
• For live calls: "A person may not solicit the sale of goods or services by telephone in a manner that impedes the function of any caller ID when the telephone solicitor's service or equipment is capable of allowing the display of the solicitor's telephone number." 815 ILCS 413/15(c).

These caller ID rules apply even to calls that are otherwise exempt. 815 ILCS 305/20(b); 815 ILCS 413/20(b), 413/23(b).

Internet caller ID. "No person, other than the recipient of the call, shall use any Internet caller identification equipment or Internet phone equipment in such a manner as to make a number or name, other than the residential or business phone number or legal or business name of the subscriber or registered user of the Internet phone service, appear on a caller identification system of the recipient of the call." 815 ILCS 517/10.

A knowing violation "shall be deemed an unlawful act or practice under the Consumer Fraud and Deceptive Business Practices Act." 815 ILCS 517/15. Unlike the federal Truth in Caller ID Act, 47 U.S.C. § 227(e), which requires intent to defraud, cause harm, or wrongfully obtain anything of value, the Illinois statute requires only a knowing violation.

Disclosures and opt-out

A live operator soliciting the sale of goods or services shall:

(1) immediately state his or her name, the name of the business or organization being represented, and the purpose of the call; and (2) inquire at the beginning of the call whether the person called consents to the solicitation

815 ILCS 413/15(b). "It is a violation of this Act to continue with a solicitation placed by a live operator without the consent of the called party." 815 ILCS 413/25(b).

The consent inquiry at the beginning of the call has no federal counterpart. Federal law requires identification and disclosure of the call's purpose but does not require the caller to ask permission to proceed. 16 C.F.R. § 310.4(d); 47 C.F.R. § 64.1200(d)(4).

Contracts and payment

"It is an unlawful act or practice and a violation of this Act for any person engaged in telephone solicitation to obtain or submit for payment a check, draft, or other form of negotiable paper drawn on a person's checking, savings, or other account or on a bond without the person's express written consent." 815 ILCS 413/25(c).

The Illinois rule requires "express written consent." The TSR accepts other forms of express verifiable authorization, including recorded oral authorization. 16 C.F.R. § 310.3(a)(3). No Illinois cancellation right specific to telephone sales was identified.

Exemptions

ATDA. Except for the caller ID rule, the ATDA "shall not apply" to autodialer calls (815 ILCS 305/20(a)):

• "calls made in response to an express request of the person called";
• "calls made to any person with whom the telephone solicitor has a prior or existing business relationship";
• "a telephone call placed on behalf of any political, charitable, public opinion polling, research survey, or radio or television broadcast rating organization."

The business relationship exemption has no time limit. The federal established business relationship lasts 18 months after a purchase or three months after an inquiry.

ITSA. The ITSA does not apply to telecommunications carriers, "or to any bank, trust company, savings and loan association, credit union, licensee under the Consumer Installment Loan Act, licensed insurer, licensee under the Real Estate License Act of 2000, or any affiliate, subsidiary, employee, or agent of any such entities." 815 ILCS 413/10. It also excludes:

• autodialer calls and registered securities professionals acting within the scope of registration (815 ILCS 413/20(a));
• licensed insurance companies and agents "in relation to existing customers or policyholders" (815 ILCS 413/23(a)).

Private right of action

ATDA. "Any customer injured by a violation of this Act may bring an action for the recovery of damages. Judgment may be entered for 3 times the amount at which the actual damages are assessed, plus costs and reasonable attorney fees." 815 ILCS 305/30(c). "In addition to the damages authorized under subsection (c), a consumer may obtain statutory damages in the amount of $500 per violation." 815 ILCS 305/30(c-5).

ITSA. "Any customer injured by a violation of this Act may bring an action for the recovery of damages. Judgment may be entered for 3 times the amount at which the actual damages are assessed, plus costs and reasonable attorney fees." 815 ILCS 413/25(d). The ITSA has no statutory damages provision.

CFA. "Any person who suffers actual damage as a result of a violation of this Act committed by any other person may bring an action against such person." 815 ILCS 505/10a(a). Under Section 2Z, "Any person who knowingly violates" the ATDA, the ITSA, or the Internet Caller Identification Act, among other statutes, "commits an unlawful practice within the meaning of this Act." 815 ILCS 505/2Z.

Damages

Of the Illinois calling statutes, only the ATDA provides statutory damages: treble actual damages plus "$500 per violation" in statutory damages. Like the TCPA, this is 500 dollars per violation. Unlike the TCPA, it also provides treble actual damages and fees. The ITSA provides only treble actual damages, so a plaintiff without measurable actual damages has little monetary recovery under that statute.

Attorney fees

Both calling statutes allow "costs and reasonable attorney fees." 815 ILCS 305/30(c); 815 ILCS 413/25(d). In a CFA action, the court "may award, in addition to the relief provided in this Section, reasonable attorney's fees and costs to the prevailing party." 815 ILCS 505/10a(c). The TCPA has no fee-shifting provision.

Class action limits

The ATDA, the ITSA, and CFA Section 10a contain no class action bar. Both decisions discussed below were filed as putative class actions asserting TCPA and Illinois claims together.

Statute of limitations

Neither the ATDA nor the ITSA contains its own limitations period. For CFA claims, "Any action for damages under this Section shall be forever barred unless commenced within 3 years after the cause of action accrued." 815 ILCS 505/10a(e). The period is suspended during an Attorney General or State's Attorney action "and for one year thereafter." Id.

No decision was located resolving which limitations period governs standalone ATDA and ITSA claims, or whether the ATDA's statutory damages are a "penalty" subject to a shorter general period. Federal TCPA claims carry a four-year period under 28 U.S.C. § 1658(a).

Attorney General enforcement

A violation of the ATDA "is an unlawful practice under Section 2Z of the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties and authority granted to the Attorney General by that Act shall be available to him for the enforcement of this Act." 815 ILCS 305/30(d). In an Attorney General action, "a court may order that each person who received a call in violation of this Act be awarded statutory damages in the amount of $500 per violation." Id. The ITSA contains a parallel enforcement provision, without statutory damages. 815 ILCS 413/25(e).

Under the CFA, the Attorney General or a State's Attorney may seek injunctions, license revocation, receivership, and restitution. 815 ILCS 505/7(a). The court may impose "a civil penalty in a sum not to exceed $50,000 against any person found by the Court to have engaged in any method, act or practice declared unlawful under this Act." 815 ILCS 505/7(b). If the conduct was "entered into with the intent to defraud," the penalty may reach "$50,000 per violation." Id. An additional penalty "not to exceed $10,000 for each violation" applies where the violation "was committed against a person 65 years of age or older." 815 ILCS 505/7(c).

Federal comparison

Illinois adds four things to federal law:

• an autodialer definition keyed to how stored numbers are accessed, not how they are generated;
• a later 9 a.m. start for autodialed calls;
• a consent inquiry for live calls;
• fee shifting.

For robocalls with recorded sales messages, the ATDA's 500-dollar statutory damages and fee recovery parallel and supplement the TCPA remedy. For live-agent calls, the ITSA requires specific facts about the operator's conduct on the call.

The ATDA and ITSA exclusions interact in a way that matters for pleading. A complaint alleging that calls used an autodialer may support an ATDA or TCPA claim but runs into the ITSA's autodialer exclusion. A complaint alleging live operators supports the ITSA but not the ATDA.

Case law

Moore v. CHW Group, Inc. (N.D. Ill. 2019)

Moore v. CHW Group, Inc., No. 18-CV-6960 (N.D. Ill. July 17, 2019)

The plaintiff alleged repeated home warranty sales calls to his residential line after he asked to be removed, and asserted TCPA and ITSA claims. The court set out the ITSA's live-operator duties under 815 ILCS 413/15(b). It found that the plaintiff "does not identify which, if any calls, during which he was solicited to purchase CHW's services were made by a live operator."

The court also noted that the plaintiff "does not allege whether a live operator requested or failed to ask for his consent to continue a phone call with him." It held: "Without such allegations, Moore fails to state a claim for a violation of ITSA." The ITSA count was dismissed without prejudice.

The decision shows that an ITSA complaint must plead facts about what a live operator said or failed to say on the call, not just that calls were unsolicited.

Showers v. Pelican Investment Holdings Group, LLC (S.D. Ill. 2026)

Showers v. Pelican Investment Holdings Group, LLC, No. 3:23-cv-02864-NJR (S.D. Ill. Jan. 30, 2026)

The plaintiff alleged vehicle service contract solicitation calls to her cell phone, which was on the National Do Not Call Registry. She asserted TCPA and ITSA claims. Defendants moved for judgment on the pleadings.

TCPA ruling. Defendants argued that a cell phone cannot be registered as a residential number. The court, exercising its independent judgment under Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024), concluded that "cell phone users may qualify as 'residential subscribers' whose numbers may be added to the DNC list."

ITSA ruling. The court agreed that the ITSA "shall not apply to telephone calls made by an autodialer." Defendants argued that the plaintiff had pleaded herself out of court by alleging an automatic telephone dialing system. But each defendant had denied that allegation in its answer. "By disputing Plaintiff's claim that they used an ATDS, Defendants put the issue in play." Because the allegation was contested, it could not support judgment on the pleadings, and the motion was denied.

The court noted that evidence of automated dialing developed in discovery could give defendants "a strong argument" against the ITSA claim.

Recent amendments

The ATDA was last amended by P.A. 98-546, effective August 26, 2013. That act added the recordkeeping requirements in Section 22 and the 500-dollar statutory damages in subsections (c-5) and (d) of Section 30. The ITSA's current text reflects P.A. 95-331 (2007) and earlier acts. The Restricted Call Registry Act was repealed by P.A. 100-621, effective July 20, 2018. The source notes in the current Illinois Compiled Statutes show no amendment to the ATDA or ITSA after 2013. P.A. 104-854, effective January 1, 2027, amends CFA Section 2Z for an unrelated Vehicle Code item and leaves the ATDA, ITSA, and Internet Caller Identification Act references in place.

Compliance checklist

• Scrub Illinois numbers, including cell phones, against the National Do Not Call Registry, and do not rely on an argument that cell phones cannot be residential lines.
• Place autodialed recorded-message calls only between 9 a.m. and 9 p.m., and live sales calls only between 8 a.m. and 9 p.m.
• Obtain the called party's consent before playing any prerecorded message by autodialer, and disconnect within 30 seconds after the call ends.
• Never dial numbers in successively increasing or decreasing order, and never autodial emergency numbers.
• Keep a list of every number called with an autodialer and records supporting any claimed exemption.
• Train live agents to state their name, the business name, and the purpose of the call immediately, then ask whether the person consents to the solicitation, and end the solicitation if they do not.
• Honor removal requests on live calls permanently, or align your internal do-not-call program with TSR § 310.4(b) to use the Illinois safe harbor.
• Transmit accurate caller ID on every call, including exempt calls, and never display false caller ID through Internet phone equipment.
• Obtain express written consent before submitting any check or draft drawn on a consumer's account.
• Document whether each campaign is autodialed or live, because that fact determines whether the ATDA or the ITSA applies.

References

• https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2323&ChapterID=67
• https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2349&ChapterID=67
• https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2925&ChapterID=67
• https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2346&ChapterID=67
• https://www.ilga.gov/Legislation/ILCS/Articles?ActID=2356&ChapterID=67
• https://www.govinfo.gov/content/pkg/USCOURTS-ilnd-1_18-cv-06960/pdf/USCOURTS-ilnd-1_18-cv-06960-0.pdf
• https://www.govinfo.gov/content/pkg/USCOURTS-ilsd-3_23-cv-02864/pdf/USCOURTS-ilsd-3_23-cv-02864-1.pdf
• https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310
• https://www.govinfo.gov/content/pkg/USCODE-2023-title47/html/USCODE-2023-title47-chap5-subchapII-partI-sec227.htm

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.