THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GROVE, AUMENT, BOYD, CALTAGIRONE, CLYMER, D. COSTA, CUTLER, FLECK, GEIST, GINGRICH, HAHN, HARRIS, HENNESSEY, HESS, KAUFFMAN, M. K. KELLER, KNOWLES, KORTZ, MARSICO, MILLARD, MILLER, MILNE, MOUL, PICKETT, PYLE, ROAE, STEVENSON, SWANGER, TALLMAN, VULAKOVICH, WAGNER, MURT, BOBACK, KAVULICH, ELLIS AND FARRY, JANUARY 26, 2011

AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 4, 2011   

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 to

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include text messages, for unlawful acts and penalties and

for unwanted telephone solicitation calls prohibited.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "telephone solicitation call"

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:

* * *

"Electronic wireless communications device."  A handheld

electronic device that permits the user to send or receive

electronic communications. The term does not include a voice-

activated global positioning or navigation system affixed to a

vehicle.

* * *

"Telephone call."  A call made in the form of an audible

communication or text message.

"Telephone solicitation call."  A telephone 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.

"Text message."  A written communication consisting of words

typed or entered on a keypad of a telephone or electronic

wireless communication communications device and sent

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electronically.

Section 2.  Section 5(a)(2) of the act is amended and the

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subsection is amended by adding a paragraph to read:

Section 5.  Unlawful acts and penalties.

(a)  Acts enumerated.--The following acts are prohibited:

* * *

(2)  Initiating an outbound [telephone call] audible

communication to a person when that person previously has

stated that he or she does not wish to receive an outbound

telephone call made by or on behalf of the seller whose goods

or services are being offered. A seller or telemarketer will

not be liable for violating the provisions of this paragraph

if:

(i)  he has established and implemented written

procedures to comply with this paragraph;

(ii)  he has trained his personnel in the procedures;

(iii)  the seller or the telemarketer acting on

behalf of the seller has maintained and recorded lists of

persons who may not be contacted; and

(iv)  any subsequent call is the result of error.

(2.1)  Initiating an outbound text message to a person

when that person previously has stated that he or she does

not wish to receive an outbound text message made by or on

behalf of the seller whose goods or services are being

offered. A seller or telemarketer will not be liable for

violating the provisions of this paragraph if:

(i)  he has established and implemented written

procedures to comply with this paragraph;

(ii)  he has trained his personnel in the procedures;

(iii)  the seller or the telemarketer acting on

behalf of the seller has maintained and recorded lists of

persons who may not be contacted; and

(iv)  any subsequent text message is the result of

error.

* * *

Section 3.  Section 5.2(c) of the act, amended September 12,

2003 (P.L.105, No.22), is amended to read:

Section 5.2.  Unwanted telephone solicitation calls prohibited.

* * *

(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] or until the subscriber requests to have his

telephone number removed from the list.

* * *

Section 4 2.  This act shall take effect June 1, 2012, or

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immediately, whichever is later.