THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GROVE, GILLESPIE, MILLER, MOUL, TALLMAN, BELFANTI, BOYD, BRADFORD, CALTAGIRONE, CLYMER, COHEN, CONKLIN, CREIGHTON, DENLINGER, ELLIS, FLECK, GEIST, GINGRICH, GOODMAN, HAHN, HARHAI, HENNESSEY, HESS, M. KELLER, KNOWLES, LEVDANSKY, MARSHALL, METZGAR, MILLARD, MURT, OLIVER, O'NEILL, PAYNE, PYLE, READSHAW, REICHLEY, ROCK, SIPTROTH, STEVENSON, SWANGER, R. TAYLOR, TRUE, VULAKOVICH AND YOUNGBLOOD, AUGUST 26, 2010

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, AUGUST 26, 2010  

AN ACT

Amending the act of December 4, 1996 (P.L.911, No.147), entitled

"An act providing for registration requirements for

telemarketers and for powers and duties of the Office of

Attorney General," further providing for definitions to

include text messages.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "telephone solicitation call"

in section 2 of the act of December 4, 1996 (P.L.911, No.147),

known as the Telemarketer Registration Act, amended September

12, 2003 (P.L.105, No.22), is amended and the section is amended

by adding definitions to read:

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Electronic wireless communications device."  A handheld

electronic device that permits the user to send or receive

electronic communications. The term does not include a voice-

activated global positioning or navigation system affixed to a

vehicle.

* * *

"Telephone call."  A call made in the form of an audible

communication or text message.

"Telephone solicitation call."  A telephone call made to a

residential or wireless telephone subscriber for the purpose of

soliciting the sale of any consumer goods or services or for the

purpose of obtaining information that will or may be used for

the direct solicitation of a sale of consumer goods or services

or an extension of credit for that purpose. The term does not

include a call made to a residential or wireless telephone

consumer:

(1)  In response to an express request of the residential

or wireless telephone consumer.

(2)  In reference to an existing debt, contract, payment

or performance.

(3)  With whom the telemarketer has an established

business relationship within the past 12 months preceding the

call.

(4)  On behalf of an organization granted tax-exempt

status under section 501(c)(3), (5) or (8) of the Internal

Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et

seq.) or a veterans organization chartered by the Congress of

the United States and or its duly appointed foundation.

(5)  On behalf of a political candidate or a political

party.

"Text message."  A written communication consisting of words

typed or entered on a keypad of a telephone or electronic

wireless communication and sent electronically.

Section 2.  This act shall take effect in 60 days.