An Overview of Solicitation Laws
Types of solicitation laws and rules are designed to protect by regulating door-to-door solicitations, requiring permits for those who solicit, and restricting when and where people can solicit.
The City of Chicago has many rules and regulations about door-to-door solicitation, as do most municipalities. Most solicitation laws are in place to protect residents and clients from aggressive and intrusive door-to-door solicitation. This is significantly important for the protection of consumers. The laws often prohibit door-to-door solicitation on Sunday and holidays. Solicitation is allowed by court decision, which serves an important purpose, but with the protections granted by the local ordinances.
While most municipalities prohibit solicitation without a permit, some communities in the Chicago area have allowed all door-to-door solicitors . Some, but not all of these have been deemed unconstitutional. There are numerous pending cases challenging these ordinances.
Many Illinois communities require a permit to solicit, often alleging that the permit is for identification purposes and/or to curb aggressive door-to-door solicitation.
Door-to-door solicitation of business usually requires a permit from the local municipality to help protect its citizens. The same can be said for solicitations of residential and commercial individuals and entities. It is important to first research the local laws addressing solicitation before beginning to solicit in a different municipality than where a business is located. Many may be surprised to find that their usual solicitation methods are not under local law, and permits are not available for their marketing techniques.
The Obligation for Solicitors to Register
In addition to licensing or registration at the local level, many jurisdictions impose registration requirements on solicitors at the state level. Persons engaging in door-to-door solicitation in Illinois must be licensed or registered at the state level as door-to-door solicitors. They must also carry a registration card when engaged in door-to-door solicitation. Registration can be done with the Secretary of State or the city, town, village, or county clerk, or other local officers authorized to perform such duties under 815 ILCS 510/27.
Applicants seeking a state license to solicit door-to-door during the hours of a permitted day must pay a nonrefundable fee of $50 payable to the Secretary of State by check or money order and submit the application to the Secretary of State. (Local ordinances may also require a fee for local licensing or registration). If the applicant fails to provide or makes an error in the information required on the application, then the Secretary of State may deny approval of the application until such time that the applicant resubmits the application correcting the errors or omissions. Once approved, the Secretary of State shall on behalf of the applicant issue, at no further cost, a door-to-door solicitor license that must be carried by door-to-door solicitors during their hours of soliciting on properties. Any person dishonestly presenting an expired, suspended, canceled, or revoked license is violating the Act. The Department of Professional Regulation will administer the application process.
Restrictions and Rules Governing Solicitation
Time Restrictions or Quiet Hours:
The Village Code in Arlington Heights (Chapter 17, Section 170.04) outlines the hours when solicitation is permitted. No person shall engage in door-to-door solicitation between the hours of 8:00 p.m. and 9:00 a.m.
Identification or Licensing:
Solicitors in Lincolnshire are required to obtain a permit from the Local Police Department that includes proof of insurance and a criminal background check (Village Ordinance 12-5-C-4). While other cities, such as Chicago, do not require any kind of local permit for soliciting.
No Solicit or "Do Not Knock" Zones:
Some homeowners associations and neighborhoods in Barrington Hills have made national news after sending cease and desist letters or suing door-to-door solicitors who persist despite the community’s restrictions. -See "Neighborhoods Aren’t Putting Up With Door-to-Door Solicitors".
In Bolingbrook, an ordinance states that "any person, firm, corporation or other entity that desires to engage in door-to-door solicitation on property owned by another must first obtain the permission of the owner of the property," and that failure to do so damages the homeowner to the amount of $250 for each offense. (Village Ordinance 78-58). To further ensure that all solicitor comply with this rule, Bolingbrook no longer requires permits for door-to-door solicitors.
Residents’ and Property Owners’ Rights
Residents, homeowners and apartment dwellers are within their rights to post "No Solicitation Without Permission" signs on their property. Whether a resident decides to allow door-to-door solicitors on her property is generally not enforceable in Illinois so long as they do not use unlawful or deceptive practices. In other words, door-to-door solicitors are entitled to rise to the door and clamor for the resident’s attention.
What is enforceable though are the physical barriers that residents use to stop problems before they start. One such barrier that prevents door-to-door solicitation is a "for sale" sign or "no trespassing" sign posted near the door. A resident may also refuse to open the door or speak with a door-to-door solicitor.
Door-to-door solicitors are required to respect "No Solicitation" signs. Failure to do so places this type of behavior in the category of unlawful or deceptive.
Beyond the desire to exercise legally protected rights, many residents often experience harassment when faced with pesky door-to-door solicitors. If you are regularly badgered by such salespeople, you may be able to stop the behavior legally.
If the solicitor is becoming bothersome and pressuring you to buy or try out a product or service, you may be able to file a complaint. The Illinois Attorney General has a Consumer Fraud Hotline at 1-800-386-5438, where residents may report unwanted and unlawful shielding in their neighborhood.
Once you file a complaint, the office will send you a packet with information on the alleged violation. The AG’s office will then conduct an investigation into the complaint to determine if any enforcement action should be taken.
Another step you may take is to report the solicitor and the company with whom they are affiliated to the Better Business Bureau. The offending company will likely wish to rectify the situation to preserve marketing opportunities. Perhaps the solicitor will be temporarily disavowed until some sort of training or reprimand can be made.
You may also want to file a report with your local police department. In addition to noting the situation, this may help the police recognize problematic salespeople who often work in packs to shield large areas.
All of these options are well within the legal rights of residents, homeowners and apartment dwellers. There are few consumer behaviors that are not either legal or illegal. In the case of unsanctioned door-to-door solicitation, residents may find their rights infringed upon but, thanks to door-to-door solicitation laws in Illinois, they can use these parameters to guide their own behavior.
Fines for Violating Solicitation Laws
Failure to comply with the solicitation laws in Illinois may result in various legal repercussions for solicitors. Deceptive or dishonest practices, such as misrepresenting their identity or the purpose of their solicitation, can lead to criminal charges under the Illinois Criminal Code and, in some cases, civil action.
Individuals found guilty of violating the Illinois Consumer Fraud and Deceptive Business Practices Act or the Illinois Mechanics Lien Act could face criminal charges and large fines. Solicitors could also face civil action , like court-mandated restitution to victims.
The City of Chicago Office of the Inspector General (OIG) investigates claims made against solicitors. If the claim is substantiated, the OIG will refer the matter to the City of Chicago Department of Business Affairs and Consumer Protection. Solicitors eventually may lose their license or permit.
If solicitors are related to an unlicensed or unregistered company, the company not only won’t be able to pursue debt collection, but the violator could face a fine of at least $5,000. A second offense will result in double the fine.
Safe and Legal Solicitation Guidelines
A few best practices can help ensure interactions are safe and legal. Solicitors:
Every solicitor must comply with the three "no solicitation" rules. That is, he or she must: 1) not solicit on a property where "no soliciting" signs are clearly posted, 2) comply with any local ordinance that prohibits soliciting on certain properties, and 3) comply with any "do not knock" registry requirements. Failing to do this means you may no longer be welcome to solicit in that area. When compiling your lists of prospects, make sure you exclude those that have requested you not visit their property, as well as those that have no-soliciting signs, "no trespassing" signs, and those in communities with no-soliciting ordinances.
Aside from these basic rules, allowing cold calls—and cold knocks—is a solid way to increase sales without raising the ire of residents. When prospecting, consider cold calls first. They are not only legal, but they are also the most effective means of making first contact with a prospect. We recommend calling on them first after having exhausted all other resources. While some states, such as California, call for no-knock privileges during business hours, in Illinois, there are no restrictions on when you can knock on a door.
Keep in mind that when talking to members of the community, you want to focus your efforts on referrals. So even if you are not legally obligated to comply with the no-soliciting rules, doing so will generate more referrals. Pick an industrious salesperson to knock on doors and who does not mind asking prospects for introductions to their neighbors. This gives prospects the chance to ask questions and receive your answers face-to-face, which they will appreciate. And it helps you overcome the natural resistance people have to what they perceive to be an unwelcome disturbance. After all, your solicitor is not just trying to sell something to the prospect, but also to the prospect’s neighbors, who may be potential customers as well.
Residents:
The "no soliciting" rules are where non-profits tend to step in it more than the for-profits. Non-profit companies often mistakenly believe that since they do not intend to profit from the products and services they provide, the do-not-solicit rules do not apply to them. This is not the case. In fact, it is those companies that donate a significant portion of their sales to charity that are most likely to get slapped with violations of local ordinances. This is because municipal ordinances usually contain language that prohibits door-to-door solicitations even if "only a portion" of the proceeds go to charity. There is a fine line between a charity selling goods through a third party and the third party just doing business and giving a portion of the profits to charity. If you do not want to collect evidence to prosecute such a charity, add a "not for profit" clause to your agreement with them.
Commonly Asked Questions
Frequently Asked Questions about Door-to-Door Solicitor Laws in Illinois
I have a "No Soliciting" sign on my front door. Why am I being solicited?
"A No Soliciting" sign may or may not be sufficient to deter a solicitor from knocking on your door. Generally speaking, someone coming to your door who is selling a product or service for their own personal gain is considered a "solicitor." If they are indeed coming to your home to sell a product or service, then they are violating the law.
In some cases, salespeople may claim that they are there to provide information about a product or service and/or are not selling a product when in fact they are. In this situation, a person can become annoyed and may have trouble determining if they are considered a "solicitor" or not.
The law does not prevent you from speaking with an individual who may be soliciting you. However, you should exercise caution and only open the door after determining who it is. If you choose to open the door and then determine that the person is a solicitor seeking to sell something, you may tell that person to leave and they must comply.
What if the solicitor refuses to leave my property?
If the solicitor will not leave your property, they are violating the law. The law states that a solicitor shall not refuse to leave after being requested to leave by the occupant of a house or business or his or her agent. A person may call the police if a solicitor will not leave their property; however, not all police departments will respond to a call such as this .
How do I file a complaint against an aggressive solicitor?
If you experience an aggressive solicitor that refuses to leave or attempts to sell a product or service against the law when asked to leave, you may first contact your local police department to file a complaint, but many police departments will not respond to this type of call. You may also choose to call the state attorney general’s office or your local county department of consumer affairs to file a complaint.
Are there any penalties for solicitors who violate the law?
Yes. Violating the law is considered a Class A Misdemeanor. The fine for violating the law is $150 for a first offense and $250 for every subsequent offense.
How do I obtain a license to solicit?
A license is required to solicit. The requirements for obtaining a license are outlined in the Illinois Municipal Code, Section 4-4-310. Many localities require a prospective solicitor to apply for a license with the municipality; some require a fee. The provisions of the Insurance Producer Licensing Act, found at 215 ILCS 5/500-1 et seq., provide that an insurance producer’s license is valid in every city, county and municipality in Illinois. An insurance producer’s license does not exempt an insurance producer from the obligation to apply for a soliciting license with the municipality or to pay the required application fee. Information about obtaining a license to solicit can be obtained through either your local county clerk’s office or your municipality’s website.