TELEMARKETER REGISTRATION ACT - AMEND UNWANTED TELEPHONE SOLICITATION
CALLS
Act of Sep. 12, 2003, P.L. 105, No. 22 Cl. 12
Session of 2003
No. 2003-22
HB 276
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
unwanted telephone solicitation calls.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "do-not-call list,"
"established business relationship," "list administrator" and
"telephone solicitation call" in section 2 of the act of
December 4, 1996 (P.L.911, No.147), known as the Telemarketer
Registration Act, added April 2, 2002 (P.L.221, No.24), are
amended and the section is amended by adding a definition 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 or wireless
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 or wireless telephone
subscriber, with or without an exchange of consideration, on the
basis of an inquiry, application, purchase or transaction by the
residential or wireless 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 or wireless 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. 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 organization.
* * *
"Residential telephone subscriber." Any natural person
residing within this Commonwealth at the billing address of any
residential telephone numbers, including both wire line
telephone service numbers and wireless telephone service
numbers.
* * *
"Telephone solicitation call." A 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.
Section 1.1. Section 5(a) of the act is amended by adding a
paragraph to read:
Section 5. Unlawful acts and penalties.
(a) Acts enumerated.--The following acts are prohibited:
* * *
(9) Engaging in any deceptive or abusive telemarketing
acts or practices in violation of 16 CFR 310 (relating to
telemarketing sales rule).
* * *
Section 2. Section 5.2 of the act, added April 2, 2002
(P.L.221, No.24), is amended to read:
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. In the event that the Federal
Trade Commission and/or the Federal Communications Commission
establish a national No Call Registry, the Director of the
Bureau of Consumer Protection in the Office of Attorney General
is authorized to release to the list administrator of such
national No Call Registry sufficient data to include all those
residential telephone subscribers currently enrolled on the Do-
Not-Call List and any residential telephone subscribers who
subsequently enroll with the Bureau of Consumer Protection in
the Office of Attorney General. Prior to releasing any such data
to a national No Call Registry, the Bureau of Consumer
Protection in the Office of Attorney General shall provide those
residential telephone subscribers currently enrolled with the
opportunity to remove their information from the do-not-call
list.
(b) Listings.--Telemarketers making telephone solicitation
calls shall quarterly obtain listings of residential or wireless
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 or wireless 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 or at a fee authorized
by 16 CFR 310.8 (relating to severability).
(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 or wireless
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 or wireless
telephone subscribers from telephone sales call lists.
(h) Disclosure to residential or wireless 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 or wireless 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
residential and wireless 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 residential and wireless 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 or wireless 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 immediately.
APPROVED--The 12th day of September, A. D. 2003.
EDWARD G. RENDELL
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