PRINTER'S NO. 323
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
381
Session of
2023
INTRODUCED BY BROOKS, STEFANO, LANGERHOLC, BARTOLOTTA, BREWSTER,
KANE, LAUGHLIN, TARTAGLIONE, COMITTA, SANTARSIERO,
CAPPELLETTI, COSTA AND HUTCHINSON, FEBRUARY 21, 2023
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 21, 2023
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, 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 "robocall" in section 2 of the
act of December 4, 1996 (P.L.911, No.147), known as the
Telemarketer Registration Act, 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:
* * *
"Caller ID spoofing." Knowingly causing, directly or
indirectly, a caller identification service to transmit
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inaccurate or misleading caller identification information to a
person or entity receiving a call.
"Caller identification information." Information provided by
a caller identification service regarding the telephone number
of, or other information regarding the origin of, a call made
using a communications service, including a telecommunications
or Interconnected Voice over Internet Protocol service.
"Caller identification service." A service or device
designated to provide the user of the service or device with the
telephone number of, or other information regarding the
origination of, a call made using a telecommunications service
or Interconnected Voice over Internet Protocol service.
* * *
"Robocall." [A telephone solicitation call made to a large
number of people, using a computerized autodialer, to deliver a
prerecorded telemarketing message.] A telephone solicitation
using a computerized autodialer or a prerecorded telemarketing
message that is not subject to the provisions of 16 CFR 310.4
(relating to abusive telemarketing acts or practices).
* * *
Section 2. Section 5(a)(1) and (10) of the act are amended
and the subsection is amended by adding a paragraph to read:
Section 5. Unlawful acts and penalties.
(a) Acts enumerated.--The following acts are prohibited:
(1) Conducting telemarketing after [9] 8 p.m. or before
8 a.m.
* * *
(10) Making a telephone solicitation call on a legal
holiday as defined in 5 U.S.C. ยง 6103(a) (relating to
holidays) as of the effective date of paragraph (11).
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(11) Making a robocall after 8 p.m. or before 8 a.m.
* * *
Section 3. Section 5.2 of the act is amended by adding a
subsection to read:
Section 5.2. Unwanted telephone solicitation calls prohibited.
* * *
(j.1) Caller ID spoofing.--
(1) A person or entity may not engage, directly or
indirectly, in caller ID spoofing from or to another person
or entity in this Commonwealth with the intent to defraud,
cause harm to or wrongfully obtain anything of value from the
other person or entity.
(2) Paragraph (1) does not apply to any of the
following:
(i) The blocking of caller identification
information.
(ii) A Federal, State or local law enforcement
agency.
(iii) A Federal intelligence or security agency.
(iv) A court order that specifically authorizes the
use of caller identification manipulation.
(v) A communications service provider, including a
telecommunications or Interconnected Voice over Internet
Protocol service provider, that is:
(A) acting in the communications service
provider's capacity as an intermediary for the
transmission of telephone service between the caller
and the recipient;
(B) providing or configuring a service or
service feature as requested by the customer;
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(C) acting in a manner that is authorized or
required by applicable law; or
(D) engaging in other conduct that is necessary
to provide service.
* * *
Section 4. This act shall take effect in 60 days.
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