PRINTER'S NO. 2492
No. 1905 Session of 2003
INTRODUCED BY T. STEVENSON, BELFANTI, BENNINGHOFF, CAPPELLI,
DeLUCA, FICHTER, FREEMAN, GEIST, GERGELY, GOODMAN, GRUCELA,
HARHAI, HARHART, HERSHEY, HORSEY, HUTCHINSON, LEDERER,
LEVDANSKY, McNAUGHTON, R. MILLER, MUNDY, MUSTIO, NAILOR,
PRESTON, READSHAW, REICHLEY, RUBLEY, SCHRODER, E. Z. TAYLOR,
TIGUE, WALKO, WANSACZ, WATSON AND YOUNGBLOOD, AUGUST 5, 2003
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, AUGUST 5, 2003
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," further providing for definitions and for
5 unlawful acts and penalties.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 2 of the act of December 4, 1996
9 (P.L.911, No.147), known as the Telemarketer Registration Act,
10 is amended by adding a definition to read:
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Advocacy push poll." A paid telephone survey or
16 telemarketing calling campaign conducted by a telemarketer that
17 attempts to sway public policy interests by referencing an
1 elected Federal, State or local official, candidate, group of
2 candidates or political party when:
3 (1) The survey or campaign fails to make demographic
4 inquiries on a relevant subset of the population consistent
5 with standard polling industry practices.
6 (2) The telemarketer does not collect or tabulate survey
7 results.
8 (3) The telemarketer prefaces a question regarding
9 support for or opposition to a candidate, political party or
10 Federal, State or local elected official on the basis of an
11 untrue statement.
12 (4) The telemarketer incites the recipient of the call
13 to make personal contact to a Federal, State or local elected
14 official for the purpose of suppressing or changing the
15 voting position of the Federal, State or local elected
16 official on public policy matters.
17 * * *
18 Section 2. Section 5(a) of the act is amended by adding a
19 paragraph to read:
20 Section 5. Unlawful acts and penalties.
21 (a) Acts enumerated.--The following acts are prohibited:
22 * * *
23 (9) Contacting residential telephone subscribers in this
24 Commonwealth for the purposes of conducting an advocacy push
25 poll between the hours of 9 p.m. and 8 a.m. or failing to
26 disclose promptly to any consumer during an advocacy push
27 poll the purpose of the call, the name of the telemarketer or
28 telemarketing business and what issue the telemarketer or
29 telemarketing business is advocating.
30 * * *
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1 Section 3. This act shall take effect immediately.
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