TELEMARKETER REGISTRATION ACT - AMEND PROHIBITING UNWANTED TELEPHONE
                            SOLICITATION CALLS
                  Act of Apr. 2, 2002, P.L. 221, No. 24               Cl. 12
                             Session of 2002
                               No. 2002-24

     HB 1469

                                  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," defining "established business
        relationship," "list administrator" and "telephone
        solicitation call"; prohibiting blocking of caller
        identification and other telemarketing screening products or
        services; prohibiting unwanted telephone solicitation calls.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 2 of the act of December 4, 1996
     (P.L.911, No.147), known as the Telemarketer Registration Act,
     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:
        * * *
        "Do-not-call list."  A list of residential telephone
     subscribers who have notified the list administrator of their
     desire not to receive telephone solicitation calls.
        "Established business relationship."  A prior or existing
     relationship formed by a voluntary two-way communication between
     a person or entity and a residential telephone subscriber, with
     or without an exchange of consideration, on the basis of an
     inquiry, application, purchase or transaction by the residential
     telephone subscriber regarding products or services offered by
     such persons or entity. In regard to an inquiry, the person or
     entity shall obtain the consent of a residential telephone
     subscriber to continue the business relationship beyond the
     initial inquiry.
        "List administrator."  A nonprofit 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.
        "Telephone solicitation call."  A call made to a residential
     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 telephone consumer:
            (1)  In response to an express request of the residential
        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.
        Section 2.  The act is amended by adding sections to read:
      Section 5.1.  Blocking of caller identification and other
                    telemarketing screening products or services
                    prohibited.
        No telemarketer shall take any action with the primary
     intent:
            (1)  to prevent the transmission of a telemarketer's name
        or telephone number to any recipient of a telephone
        solicitation call when the equipment or service used by the
        telemarketer is capable of creating and transmitting the
        telemarketer's name or telephone number; or
            (2)  to circumvent, bypass or disable any product or
        service used by the residential telephone subscriber to
        screen telephone calls.
      Section 5.2.  Unwanted telephone solicitation calls prohibited.
        (a)  General rule.--No telemarketer shall initiate or cause
     to be initiated a telephone solicitation call to a residential
     telephone number of a residential telephone subscriber who does
     not wish to receive telephone solicitation calls and has caused
     his name, address and telephone number to be enrolled on a do-
     not-call list maintained by the list administrator. This
     prohibition shall be effective 30 days after a quarterly do-not-
     call list is issued by the list administrator which first
     contains a residential telephone subscriber's name, address and
     residential telephone number.
        (b)  Listings.-- Telemarketers making telephone solicitation
     calls shall quarterly obtain listings of residential telephone
     subscribers in this Commonwealth who have arranged to have their
     names, addresses and telephone numbers enrolled on the list
     administrator's do-not-call list or shall utilize a service
     provider who has quarterly obtained and will use such listings.
        (c)  Duration.--A listing on a do-not-call list shall be
     maintained for a minimum of five years from the date of the
     enrollment or until the telephone number is no longer valid for
     the residential telephone subscriber, whichever occurs first.
        (d)  Fee limitation.--No list administrator may impose a fee
     for copies of a do-not-call list which exceeds the costs
     incurred by the list administrator in the production,
     preparation and distribution of that list.
        (e)  Affirmative defense.--A telemarketer is not in violation
     of this section if all of the following are satisfied:
            (1)  He has established and implemented written
        procedures to comply with this section.
            (2)  He has trained his personnel in the procedures.
            (3)  The telemarketer acting on behalf of the seller has
        maintained and recorded lists of residential telephone
        subscribers who may not be contacted.
            (4)  Any subsequent call is the result of error.
        (f)  Attorney General.--The list administrator shall provide
     the Office of Attorney General with a copy of each quarterly do-
     not-call list.
        (g)  Restrictions on use of do-not-call list.--No
     telemarketer shall use a list administrator's do-not-call list
     for any purpose other than to remove residential telephone
     subscribers from telephone sales call lists.
        (h)  Disclosure to residential telephone subscribers.--Each
     local exchange telephone company, competitive local exchange
     telephone company, long-distance interexchange carrier company,
     Internet service provider that provides telephone service and
     affiliated companies providing telecommunications billing
     service shall clearly notify its residential telephone
     subscribers in this Commonwealth of their ability to contact the
     list administrator which accepts individual names, addresses and
     telephone numbers of persons who do not wish to receive
     telephone solicitation calls. The method of notification shall
     include, but not be limited to, placing the notice in billing
     statements mailed to subscribers and publication of notice in
     the consumer information pages of a local telephone directory of
     general circulation. The notification shall specify the methods
     by which subscribers may place their names on the do-not-call
     list and how often renewal is necessary.
        (i)  Contract.--If the Bureau of Consumer Protection has not
     entered into a contract with a list administrator within 90 days
     of the effective date of this section after a good faith effort
     to do so, the bureau may contract with any nonprofit
     organization to carry out the provisions of this section.
        (j)  Identification.--No telemarketer shall fail to provide a
     residential telephone subscriber with the name of the caller,
     the name of the person or entity on whose behalf the call is
     being made and, upon request, a telephone number or address at
     which the person or entity may be contacted. If a telemarketer
     makes a solicitation using an artificial or prerecorded voice
     message transmitted by an autodialer or prerecorded message
     player which placed the telephone solicitation call, the
     telephone number may not be a 900 number or any other number for
     which charges exceed local or long-distance transmission
     charges.
        (k)  Investigation, enforcement and reporting.--
            (1)  The Bureau of Consumer Protection in the Office of
        Attorney General shall investigate any complaints received
        concerning violations of this section. If, after
        investigating any complaint, the Attorney General finds that
        there has been a violation of this section, the Attorney
        General may bring an action to impose a civil penalty and to
        seek other relief, including injunctive relief, under the act
        of December 17, 1968 (P.L.1224, No.387), known as the Unfair
        Trade Practices and Consumer Protection Law.
            (2)  The Attorney General shall remit 10% of any civil
        penalty collected under this section to the person filing the
        complaint leading to the civil penalty. In no event, however,
        shall the amount of this remittance exceed $100 for any
        person.
            (3)  On or before November 30 of each year, the Attorney
        General shall submit to the General Assembly a report
        detailing investigations and enforcement actions taken under
        this section during the preceding Commonwealth fiscal year.
        The report shall include, but not be limited to, the number
        of complaints received under this section, the nature of
        those complaints, the number of investigations and
        enforcement actions instituted by the Attorney General, a
        summary of the results of those investigations and
        enforcement and the amount of any civil penalties collected.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 2nd day of April, A. D. 2002.

     MARK S. SCHWEIKER