PRINTER'S NO. 276
No. 183 Session of 2001
INTRODUCED BY M. BAKER, FICHTER, E. Z. TAYLOR, BENNINGHOFF,
CAPPABIANCA, DeLUCA, FAIRCHILD, FLICK, FREEMAN, GEORGE,
GRUCELA, HALUSKA, HERMAN, HERSHEY, HORSEY, LEDERER,
McILHATTAN, MELIO, READSHAW, ROEBUCK, SATHER, B. SMITH,
TIGUE, WOJNAROSKI, YOUNGBLOOD, BISHOP AND SHANER,
JANUARY 30, 2001
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 30, 2001
AN ACT
1 Amending the act of December 4, 1996 (P.L.911, No.147), entitled
2 "An act providing for registration requirements for
3 telemarketers and for powers and duties of the Office of
4 Attorney General," establishing a Statewide registry for no
5 telemarketing sales calls; and establishing the Consumer
6 Protection Fund.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The title of the act of December 4, 1996
10 (P.L.911, No.147), known as the Telemarketer Registration Act,
11 is amended to read:
12 AN ACT
13 Providing for registration requirements for telemarketers [and];
14 providing for powers and duties of the Office of Attorney
15 General; establishing a State registry for no telemarketing
16 sales calls; and establishing the Consumer Protection Fund.
17 Section 2. Section 2 of the act is amended by adding
18 definitions to read:
1 Section 2. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 * * *
6 "Telemarketing sales call." A telephone call made by a
7 telemarketer to a customer for the purpose of inducing payment
8 or the exchange of any other consideration for any consumer
9 goods and services.
10 "Unsolicited telemarketing sales call." Any telemarketing
11 sales call other than a call made:
12 (1) In response to an express written or verbal request
13 of the customer called.
14 (2) In connection with an established business
15 relationship, which has not been terminated by either party.
16 (3) To an existing customer, unless such customer has
17 stated to the telemarketer that such customer no longer
18 wishes to receive the telemarketing sales calls of such
19 telemarketer.
20 (4) In which the sale of goods and services is not
21 completed, and payment or authorization of payment is not
22 required, until after a face-to-face sales presentation by
23 the telemarketer or a meeting between the telemarketer and
24 customer.
25 Section 3. The act is amended by adding sections to read:
26 Section 4.1. Statewide registry for no telemarketing sales
27 calls.
28 (a) Establishment.--The Office of Attorney General shall
29 establish and maintain a Statewide registry for no telemarketing
30 sales calls which shall contain a list of consumers who do not
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1 wish to receive unsolicited telemarketing sales calls. The
2 Office of Attorney General may contract with a private vendor to
3 establish and maintain the registry, provided the private vendor
4 has maintained national no telemarketing sales calls registries
5 for more than two years and the contract requires the vendor to
6 provide the no telemarketing sales calls registry in a printed
7 hard copy format and in any other format as prescribed by the
8 Office of Attorney General. The registry shall be updated
9 quarterly.
10 (b) Prohibited activity.--No telemarketer or seller may make
11 or cause to be made any unsolicited telemarketing sales call to
12 any consumer more than 30 days after the consumer's name and
13 telephone number or numbers appear on the then current quarterly
14 no telemarketing sales calls registry made available by the
15 Office of Attorney General pursuant to subsection (a).
16 (c) Notice to consumer.--
17 (1) The Office of Attorney General shall provide notice
18 to consumers of the establishment of the no telemarketing
19 sales calls registry. Any consumer who wishes to be included
20 on such listing shall notify the Office of Attorney General
21 by calling a toll-free number provided by the Office of
22 Attorney General, or in any other such manner and at such
23 times as the Office of Attorney General may prescribe which
24 may include notification via the Internet.
25 (2) A consumer on such registry shall be deleted from
26 such registry upon the consumer's written request. The Office
27 of Attorney General shall update such registry not less than
28 quarterly and shall make such registry available to
29 telemarketers for a fee as the Office of Attorney General
30 shall prescribe.
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1 (d) Notice from telemarketers.--Any company that provides
2 local telephone directories to consumers in this Commonwealth
3 shall inform its consumers of the provisions of this section by
4 means of publishing a notice in local telephone directories.
5 (e) Defense.--A person shall not be held liable for
6 violating this section if:
7 (1) The person has obtained a copy of the most current
8 quarterly no telemarketing sales calls registry and has
9 established and implemented written policies and procedures
10 related to the requirements of this section.
11 (2) The person has trained his personnel in the
12 requirements of this section.
13 (3) The person maintains records demonstrating
14 compliance with this section.
15 Section 4.2. Consumer Protection Fund.
16 (a) Establishment.--There is hereby established in the State
17 Treasury a fund to be known as the Consumer Protection Fund.
18 (b) Composition of fund.--The Consumer Protection Fund shall
19 consist of all fees and penalties received by the Office of
20 Attorney General pursuant to section 4.1. Any interest earned by
21 the investment of moneys in the fund shall be credited to the
22 fund and shall be used for the purposes of the fund.
23 (c) Use of fund.--Moneys in the fund shall be appropriated
24 to the Office of Attorney General for the payment of costs of
25 producing and distributing educational materials and conducting
26 educational activities relating to the promotion of the
27 unsolicited telemarketing sales calls registry and all related
28 costs and expenditures incurred in the administration of section
29 4.1.
30 Section 4. This act shall take effect in 60 days.
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