HOUSE AMENDED
PRIOR PRINTER'S NO. 546 PRINTER'S NO. 2244
No. 522 Session of 1989
INTRODUCED BY GREENLEAF, PECORA, ANDREZESKI, SHUMAKER, WILT,
GREENWOOD, PORTERFIELD, LEWIS, LYNCH AND SALVATORE,
FEBRUARY 13, 1989
AS RE-REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 5, 1990
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting unsolicited commercial
3 telephone calls during certain hours; AND FURTHER PROVIDING <--
4 FOR UNLAWFUL COLLECTION AGENCY PRACTICES.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 5504 of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 5504. Harassment by communication or address.
10 (a) [Offense defined] Misdemeanor.--A person commits a
11 misdemeanor of the third degree if, with intent to harass
12 another, he:
13 (1) makes a telephone call without intent of legitimate
14 communication or addresses to or about such other person any
15 lewd, lascivious or indecent words or language or anonymously
16 telephones another person repeatedly; or
17 (2) makes repeated communications anonymously or at
1 extremely inconvenient hours, or in offensively coarse
2 language.
3 (b) Summary offense.--A person commits a summary offense if
4 he makes or causes to be made an unsolicited commercial
5 telephone call, including calls made using a recording device,
6 received between the hours of 9 p.m. and 9 a.m.
7 (1) An unsolicited commercial telephone call, including
8 calls made using a recording device, is a call made by or on
9 behalf of a person, corporation or association soliciting
10 business, sales or contributions or promoting a product or
11 service or a political, religious or ideological viewpoint.
12 (2) Each violation shall constitute a separate offense.
13 (3) This subsection shall not apply to the following
14 commercial telephone calls:
15 (i) Calls made in response to an express request of
16 the person called.
17 (ii) Calls made to a person with a previous business
18 relationship with the caller or who is personally
19 acquainted with the caller.
20 [(b)] (c) Venue.--Any offense committed under [paragraph
21 (a)(1) of this section] subsection (a)(1) or (b) may be deemed
22 to have been committed at either the place at which the
23 telephone call or calls were made or at the place where the
24 telephone call or calls were received.
25 Section 2. This act shall take effect in 60 days. <--
26 SECTION 2. SECTION 7311(A) AND (B) OF TITLE 18 ARE AMENDED <--
27 AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
28 § 7311. UNLAWFUL COLLECTION AGENCY PRACTICES.
29 (A) [APPEARANCE FOR CREDITOR.--IT IS UNLAWFUL FOR A
30 COLLECTION AGENCY TO APPEAR FOR OR REPRESENT A CREDITOR OR OTHER
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1 PERSON IN ANY PROCEEDING, OR IN ANY ACTION OR PROCEEDING FOR OR
2 GROWING OUT OF THE APPOINTMENT OF A RECEIVER OR TRUSTEE, OR IN
3 CONNECTION WITH AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS, OR
4 TO PRESENT ANY CLAIM OR TO VOTE ON BEHALF OF A CREDITOR, WHETHER
5 AN ASSIGNEE OR TRANSFEREE OF SUCH CLAIM OR BY VIRTUE OF A PROXY
6 OR OTHERWISE, OR TO REPRESENT ANY CREDITOR IN ANY ACTION OR
7 PROCEEDING IN ANY COURT, OR BEFORE ANY JUSTICE OF THE PEACE OR
8 MAGISTRATE, OR TO SOLICIT FROM ANY CREDITOR ANY CLAIM FOR ANY OF
9 THE PURPOSES FORBIDDEN BY THIS SECTION.] ASSIGNMENTS OF
10 CLAIMS.--IT IS LAWFUL FOR A COLLECTION AGENCY, FOR THE PURPOSE
11 OF COLLECTING OR ENFORCING THE PAYMENT THEREOF, TO TAKE AN
12 ASSIGNMENT OF ANY SUCH CLAIM FROM A CREDITOR, IF ALL OF THE
13 FOLLOWING APPLY:
14 (1) THE ASSIGNMENT BETWEEN THE CREDITORS AND COLLECTION
15 AGENCY IS IN WRITING.
16 (2) THE ORIGINAL AGREEMENT BETWEEN THE CREDITOR AND
17 DEBTOR DOES NOT PROHIBIT ASSIGNMENTS.
18 (3) THE COLLECTION AGENCY COMPLIES WITH THE ACT OF
19 DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR
20 TRADE PRACTICES AND CONSUMER PROTECTION LAW, AND WITH THE
21 REGULATIONS PROMULGATED UNDER THAT ACT.
22 (B) [ASSIGNMENTS OF CLAIMS.--IT IS UNLAWFUL FOR A COLLECTION
23 AGENCY, FOR THE PURPOSE OF COLLECTING OR ENFORCING THE PAYMENT
24 THEREOF, DIRECTLY OR INDIRECTLY, TO BUY, TAKE AN ASSIGNMENT OF,
25 OR TO BECOME IN ANY MANNER INTERESTED IN THE BUYING OR TAKING OF
26 AN ASSIGNMENT OF ANY SUCH CLAIM.] APPEARANCE FOR CREDITOR.--IT
27 IS UNLAWFUL FOR A COLLECTION AGENCY TO APPEAR FOR OR REPRESENT A
28 CREDITOR IN ANY MANNER WHATSOEVER, BUT A COLLECTION AGENCY,
29 PURSUANT TO SUBSECTION (A), MAY BRING LEGAL ACTION ON CLAIMS
30 ASSIGNED TO IT AND NOT BE IN VIOLATION OF SUBSECTION (C) IF THE
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1 AGENCY APPEARS BY AN ATTORNEY.
2 (B.1) UNFAIR OR DECEPTIVE COLLECTION METHODS.--IT IS
3 UNLAWFUL FOR A COLLECTOR TO COLLECT ANY AMOUNT, INCLUDING ANY
4 INTEREST, FEE, CHARGE OR EXPENSE INCIDENTAL TO THE PRINCIPAL
5 OBLIGATION, UNLESS SUCH AMOUNT IS EXPRESSLY PROVIDED IN THE
6 AGREEMENT CREATING THE DEBT OR IS PERMITTED BY LAW.
7 * * *
8 SECTION 3. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
9 (1) SECTION 1 (SECTION 5504) SHALL TAKE EFFECT IN 60
10 DAYS.
11 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
12 IMMEDIATELY.
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