THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SCHRODER, D. COSTA, FABRIZIO, GEORGE, GINGRICH, GOODMAN, GROVE, HORNAMAN, KAVULICH, MILLER, MOUL, MURT, PYLE, ROAE, SWANGER, TRUITT, WATSON AND WHITE, MARCH 4, 2011

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 4, 2011  

AN ACT

Amending the act of December 4, 1996 (P.L.911, No.147), entitled

"An act providing for registration requirements for

telemarketers and for powers and duties of the Office of

Attorney General," further providing for the definitions of

"telemarketing" and "telephone solicitation call" and for

unlawful acts and penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "telemarketing" and "telephone

solicitation call" in section 2 of the act of December 4, 1996

(P.L.911, No.147), known as the Telemarketer Registration Act,

amended September 12, 2003 (P.L.105, No.22), are amended to

read:

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Telemarketing."  A plan, program or campaign which is

conducted to induce the purchase of goods or services or to

solicit contributions for any charitable purpose, charitable

promotion or for or on behalf of any charitable organization,

political party or political candidate by use of one or more

telephones and which involves more than one telephone call. For

purposes of this act, the terms "charitable purpose,"

"charitable promotion," "charitable organization," "professional

fundraising counsel," "professional solicitor" and

"solicitation" have the meanings as defined in the act of

December 19, 1990 (P.L.1200, No.202), known as the Solicitation

of Funds for Charitable Purposes Act.

* * *

"Telephone solicitation call."  A call made to a residential

or wireless telephone subscriber for the purpose of soliciting

the sale of any consumer goods or services or for the purpose of

obtaining information that will or may be used for the direct

solicitation of a sale of consumer goods or services or an

extension of credit for that purpose. The term shall include a

call made to a residential or wireless telephone subscriber for

the purpose of promoting or expressing opposition to any

political candidate or political party. The term does not

include a call made to a residential or wireless telephone

consumer:

(1)  In response to an express request of the residential

or wireless telephone consumer.

(2)  In reference to an existing debt, contract, payment

or performance.

(3)  With whom the telemarketer has an established

business relationship within the past 12 months preceding the

call.

(4)  On behalf of an organization granted tax-exempt

status under section 501(c)(3), (5) or (8) of the Internal

Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et

seq.) or a veterans organization chartered by the Congress of

the United States and or its duly appointed foundation.

[(5)  On behalf of a political candidate or a political

party.]

Section 2.  Section 5(a) of the act is amended by adding a

paragraph to read:

Section 5.  Unlawful acts and penalties.

(a)  Acts enumerated.--The following acts are prohibited:

* * *

(5.1)  In the case of telemarketing on behalf of a

political candidate or a political party, failing to disclose

promptly to any consumer during the initial telephone contact

the name of the individual or organization subsidizing the

telemarketer or telemarketing business for that particular

call.

* * *

Section 3.  This act shall take effect in 90 days.