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