THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY REICHLEY, AUMENT, BAKER, BOYD, CALTAGIRONE, EVERETT, FLECK, GEIST, GILLESPIE, HAHN, M.K. KELLER, MAJOR, MILLER, MILNE, MUNDY, O'NEILL, ROSS, VEREB AND VULAKOVICH, FEBRUARY 14, 2011

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 14, 2011  

AN ACT

Amending the act of December 16, 2002 (P.L.1810, No.222),

entitled "An act prohibiting certain facsimiles, commercial

electronic transmissions and the use of text, graphic or

image messaging systems of wireless telephone systems to

transmit unsolicited commercial messages; imposing penalties;

authorizing the blocking of commercial electronic mail by

interactive computer service; and providing for the powers of

the Attorney General," further prohibiting unsolicited or

misleading commercial or electronic mail messages and

facsimiles.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3 of the act of December 16, 2002

(P.L.1810, No.222), known as the Unsolicited Telecommunication

Advertisement Act, is amended by adding a subsection to read:

Section 3.  Prohibition of unsolicited or misleading commercial

electronic mail messages and faxes.

* * *

(c)  Telephone fax machines.--No person may fax or conspire

with another person to fax a commercial electronic mail message

to a telephone fax machine unless the person has been granted

prior express invitation or permission to fax the commercial

electronic mail message, as evidenced by a signed, written

statement that includes the telephone number for the telephone

fax machine to which any commercial electronic mail message may

be sent and clearly indicates the recipient's consent to receive

the commercial electronic mail message from the person.

Section 2.  This act shall take effect in 60 days.