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
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