Sec. 10. Rules applicable to the pay-per-call industry.

650 words·~3 min read·/il/chapter-815/act-520/10

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Each sponsor engaged in furnishing any live, recorded, or recorded-interactive audio text information services including, but not limited to, "900" numbers and "976" numbers shall utilize advertising that accurately describes the message content, terms, conditions, and price of the offered service in a clear and understandable manner in all print, broadcast, or telephone advertising and announcements promoting their offers including:

(1)The charges for the offer per call or per minute.

(2)Any geographic, time of day, or other limitations on the availability of the offer.

(3)A requirement that callers under 12 years of age must request parental or adult

guardian permission before calling to hear the offer.

(4)Display the charges in broadcast advertising with the telephone numbers and a voice

announcement of the charges during the course of the commercials.

(5)Repeated voice announcements of these charges at regular intervals for commercials

in excess of 2 minutes.

(6)Charges for all subsequent calls if the program refers to and requires another

pay-per-call.

(b)The sponsor shall provide a minimum of 12 seconds of delayed timing for information charges and price disclosure message. If the delayed timing period is exceeded, a consumer shall be billed from the time of the initial connection, and transport charges shall be billed to the information provider from the time of the initial connection. If the consumer disconnects the call within the delayed timing period, no information charge shall be billed to the caller. During the delayed timing period, the sponsor shall inform the consumer of all of the following:

(1)An accurate description of the service that will be provided to the caller.

(2)An accurate summation of the cost of the service including, but not limited to, all

of the following:

(A)The initial flat rate charge, if any.

(B)The per minute charge, if any.

(C)The maximum per call charge.

(3)That, if the caller disconnects the call within the delayed timing period, the

consumer will not be charged for the call.

(4)Before the end of the delayed timing period, that the billing will commence after a

stated period of not less than 3 seconds.

(c)This information shall be provided at the beginning of every call and at least 3 seconds shall be allowed at the end of the message within the delayed timing period for the consumer to hang up without being charged. An introductory message, however, is not required if the cost of the call is $1 or less per minute or the total potential cost of the call is $5 or less, or if the call is related to polling services, asynchronous technology or political fundraising.

(d)Games of chance must, at a minimum, meet the following criteria:

(1)The game must be operated as a means of promoting goods or services other than the

game itself.

(2)A no-purchase alternative method of participating must be available that provides

all entrants, including non-purchasers and pay-per-call users, with an equal chance of winning.

(3)The prize may not be financed from the proceeds of the program sponsor's billed

charges.

(4)The prize amount or value is not dependent on the number of entries received.

(e)Game programs billed as pay-per-call shall include in the official rules and, in all broadcasts and print advertising of the game, a complete statement that includes all of the following:

(1)Declares no purchase is necessary to play for free or that an alternate means of

entry is provided.

(2)Lists the sponsor's name, starting and closing dates, any age restrictions for the

participants, and availability of complete official rules.

(3)Provides callers with sufficient information to participate fully in the game.

(f)The provisions of subsections

(d)and

(e)of this Section do not apply to any game of chance sponsored directly or indirectly by the Department of the Lottery.