PRINTER'S NO. 3132

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 2274 Session of 2003

        INTRODUCED BY SOLOBAY, CAPPELLI, COY, DERMODY, FABRIZIO,
           S. MILLER, PALLONE, ROBERTS, THOMAS, TIGUE AND YOUNGBLOOD,
           DECEMBER 17, 2003

        REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, DECEMBER 17, 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 defining "telephone solicitation
     5     call."

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  The definition of "telephone solicitation call"
     9  in section 2 of the act of December 4, 1996 (P.L.911, No.147),
    10  known as the Telemarketer Registration Act, amended September
    11  12, 2003 (P.L.105, No.22), is amended to read:
    12  Section 2.  Definitions.
    13     The following words and phrases when used in this act shall
    14  have the meanings given to them in this section unless the
    15  context clearly indicates otherwise:
    16     * * *
    17     "Telephone solicitation call."  A call made to a residential
    18  or wireless telephone subscriber for the purpose of soliciting
    19  the sale of any consumer goods or services or for the purpose of

     1  obtaining information that will or may be used for the direct
     2  solicitation of a sale of consumer goods or services or an
     3  extension of credit for that purpose. The term does not include
     4  a call made to a residential or wireless telephone consumer:
     5         (1)  In response to an express request of the residential
     6     or wireless telephone consumer.
     7         (2)  In reference to an existing debt, contract, payment
     8     or performance.
     9         (3)  With whom the telemarketer has an established
    10     business relationship within the past 12 months preceding the
    11     call.
    12         [(4)  On behalf of an organization granted tax-exempt
    13     status under section 501(c)(3), (5) or (8) of the Internal
    14     Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et
    15     seq.) or a veterans organization chartered by the Congress of
    16     the United States and or its duly appointed foundation.]
    17         (5)  On behalf of a political candidate or a political
    18     party.
    19     Section 2.  This act shall take effect in 60 days.








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