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PRINTER'S NO. 300
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
387
Session of
2015
INTRODUCED BY PILEGGI, FOLMER, AUMENT, BAKER, BOSCOLA, BREWSTER,
FONTANA, GREENLEAF, RAFFERTY, SCHWANK, SMITH, STEFANO,
TARTAGLIONE, TEPLITZ, VOGEL, VULAKOVICH, WAGNER, WARD, YAW
AND YUDICHAK, FEBRUARY 3, 2015
REFERRED TO STATE GOVERNMENT, FEBRUARY 3, 2015
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 and for
registration requirement; and providing for unwanted
automatic political calls.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "list administrator" 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:
" Automatic dialing-announcing device. " A device that selects
and dials telephone numbers and that, working alone or in
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conjunction with other equipment, disseminates a prerecorded or
synthesized voice message to the telephone number called.
" Automatic political call. " The use of an automatic dialing-
announcing device on behalf of any of the following:
(1) A candidate as defined in section 102(a) of the act
of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
Election Code; a party as defined in section 102(n) of the
Pennsylvania Election Code; or a political body as defined in
section 102(p) of the Pennsylvania Election Code.
(2) A political committee as defined in section 1621(h)
of the Pennsylvania Election Code.
(3) A political organization as defined in section
527(e) of the Internal Revenue Code of 1986 (Public Law 99-
514, 26 U.S.C. § 527(e)).
* * *
"List administrator." [A nonprofit] An organization, as
designated by contract entered into by the Director of the
Bureau of Consumer Protection in the Office of Attorney General,
that accepts individual names, addresses and telephone numbers
of persons who do not wish to receive telephone solicitation
calls and that has been in existence for ten or more years. In
the event that the Federal Trade Commission and/or Federal
Communications Commission establish a unified national No Call
Registry for the purpose of providing consumers with protection
from receiving unwanted telephone solicitation calls similar to
the protection provided in this act, then the Director of the
Bureau of Consumer Protection in the Office of Attorney General
may enter into an agreement to utilize the services of the
administrator of any such national No Call Registry in lieu of
using [any nonprofit] an organization.
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* * *
Section 2. Section 3 of the act is amended to read:
Section 3. Registration requirement.
(a) General rule.--In addition to any other requirements
imposed by law, a telemarketer or the telemarketing business
which employs the telemarketer is required to register with the
Office of Attorney General at least 30 days prior to offering
for sale consumer goods or services through any medium. This
section will not apply, however, to persons or businesses
licensed by or registered with a Federal or Commonwealth agency
or to a person or business conducting telemarketing exclusively
through the use of automatic political calls. Notwithstanding
any other provision of this act, any business which provides
telemarketing services to other entities and has been under the
same ownership and control for less than five years shall
register under this section.
(b) Unlawful conduct.--It shall be unlawful for any
telemarketer to initiate a telephone call to or receive a
telephone call from a consumer in connection with the purchase
of consumer goods or services unless the telemarketer or the
telemarketing business which employs the telemarketer is
registered with the Office of Attorney General.
(c) Penalty.--Failure to register as required by this act
constitutes a misdemeanor of the second degree.
Section 3. The act is amended by adding a section to read:
Section 5.3. Unwanted automatic political calls.
(a) General rule.--
(1) Except as set forth in subsection (b), beginning 30
days after publication of the notice under paragraph (3), a
person may not initiate or cause to be initiated an automatic
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political call to a residential or wireless telephone number
of a telephone subscriber who does not wish to receive
automatic political calls and has caused the subscriber's
name, address and telephone number to be enrolled on a do-
not-call list for automatic political calls maintained by a
list administrator.
(2) The list under paragraph (1) shall be developed and
maintained separately from the list established under section
5.2.
(3) The list under paragraph (1) shall be completed by
September 15, 2016. The list administrator shall transmit a
notice of completion to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin.
(4) A residential telephone subscriber's name shall be
maintained on the list under paragraph (1) as long as the
telephone number is valid for the subscriber.
(5) The Office of Attorney General may serve as the list
administrator for purposes of this subsection.
(6) If the Office of Attorney General does not serve as
the list administrator for purposes of this subsection, the
list administrator shall provide the list under paragraph (1)
to the Office of Attorney General on a biannual basis.
(b) Exceptions.--Subsection (a)(1) shall not apply to a call
on behalf of a political candidate, political party or political
body made by an individual and not by an automatic dialing-
announcing device.
(c) Listings.--A person that makes automatic political calls
shall:
(1) obtain on a biannual basis a listing of residential
or wireless telephone subscribers in this Commonwealth who
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have arranged to have their names, addresses and telephone
numbers enrolled on the list under subsection (a)(1); or
(2) use a service provider who has obtained the list
under subsection (a)(1) in order to restrict the use of
automatic political calls.
(d) Fee limitation.--A list administrator may not impose a
fee for a copy of the list under subsection (a)(1) which
exceeds:
(1) the cost incurred by the list administrator in the
production, preparation and distribution of the list; or
(2) the fee authorized by 16 CFR § 310.8(c) (relating to
fee for access to the National Do Not Call Registry).
(e) Restriction.--A person may not use the list under
subsection (a)(1) for any purpose other than to remove a
residential or wireless telephone subscriber from a call list.
(f) Investigation, enforcement and reporting.--
Investigation, enforcement and reporting shall be conducted in
accordance with section 5.2(k).
(g) Violation.--A violation of this section shall constitute
an unlawful act under section 3 of the act of December 17, 1968
(P.L.1224, No.387) , known as the Unfair Trade Practices and
Consumer Protection Law.
Section 4. This act shall take effect immediately.
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