IL HB1043

Amends Criminal Code Section 26-3 to prohibit knowingly sending unsolicited advertising or fund-raising material via facsimile machine without prior permission from the recipient.

Establishes a petty offense with a fine not to exceed $500 for violations of the facsimile advertising prohibition.

Creates civil liability allowing recipients or other damaged persons to bring actions for injunctive relief, recover actual damages or $1,000 per violation (whichever is greater), and recover court costs and attorney's fees.

Permits facsimile advertising to recipients with whom the sender has an established business relationship if the recipient is provided a toll-free number or email to opt out, but the exemption ends if the recipient requests exclusion and the sender continues sending material.

Specifies that criminal prosecution or conviction is not required for civil actions and that national facsimile transmission services must prove the sender contracted for their service to face penalties.