THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SOLOBAY, CALTAGIRONE, COHEN, CREIGHTON, DONATUCCI, GIBBONS, GOODMAN, GROVE, GRUCELA, HARKINS, MAHONEY, McILVAINE SMITH, M. O'BRIEN, O'NEILL, SIPTROTH, SONNEY, SWANGER, WANSACZ AND WHITE, JANUARY 30, 2009

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 30, 2009  

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 defining "telephone solicitation

call."

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 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:

* * *

"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[.]

unless such organization has contracted with or otherwise

engaged a for-profit entity to make calls to residential or

wireless telephone subscribers for a purpose described in

this definition.

(5)  On behalf of a political candidate or a political

party.

Section 2.  This act shall take effect in 60 days.