PRINTER'S NO. 2228
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1406
Session of
2015
INTRODUCED BY BROWNE, NOVEMBER 16, 2016
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
NOVEMBER 16, 2016
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 definitions and for
unwanted telephone solicitation calls.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "do-not-call list,"
"established business relationship" 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:
* * *
"Do-not-call list." A list of residential, business or
wireless telephone subscribers who have notified the list
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administrator of their desire not to receive telephone
solicitation calls.
"Established business relationship." A prior or existing
relationship formed by a voluntary two-way communication between
a person or entity and a residential, business or wireless
telephone subscriber, with or without an exchange of
consideration, on the basis of an inquiry, application, purchase
or transaction by the residential, business or wireless
telephone subscriber regarding products or services offered by
such persons or entity. In regard to an inquiry, the person or
entity shall obtain the consent of a residential, business or
wireless telephone subscriber to continue the business
relationship beyond the initial inquiry.
* * *
"Telephone solicitation call." A call made to a residential,
business 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 does not
include a call made to a residential, business 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
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status under section 501(c)(3), (5) or (8) of the Internal
Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. ยง 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 5.2 of the act, amended September 12,
2003 (P.L.105, No.22), is amended to read:
Section 5.2. Unwanted telephone solicitation calls prohibited.
(a) General rule.--No telemarketer shall initiate or cause
to be initiated a telephone solicitation call to a residential
or business telephone number of a residential or business
telephone subscriber who does not wish to receive telephone
solicitation calls and has caused his name, address and
telephone number to be enrolled on a do-not-call list maintained
by the list administrator. This prohibition shall be effective
30 days after a quarterly do-not-call list is issued by the list
administrator which first contains a residential or business
telephone subscriber's name, address and residential or business
telephone number. In the event that the Federal Trade Commission
and/or the Federal Communications Commission establish a
national No Call Registry, the Director of the Bureau of
Consumer Protection in the Office of Attorney General is
authorized to release to the list administrator of such national
No Call Registry sufficient data to include all those
residential or business telephone subscribers currently enrolled
on the do-not-call list and any residential or business
telephone subscribers who subsequently enroll with the Bureau of
Consumer Protection in the Office of Attorney General. Prior to
releasing any such data to a national No Call Registry, the
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Bureau of Consumer Protection in the Office of Attorney General
shall provide those residential or business telephone
subscribers currently enrolled with the opportunity to remove
their information from the do-not-call list.
(b) Listings.--Telemarketers making telephone solicitation
calls shall quarterly obtain listings of residential, business
or wireless telephone subscribers in this Commonwealth who have
arranged to have their names, addresses and telephone numbers
enrolled on the list administrator's do-not-call list or shall
utilize a service provider who has quarterly obtained and will
use such listings.
(c) Duration.--A listing on a do-not-call list shall be
maintained for a minimum of five years from the date of the
enrollment or until the telephone number is no longer valid for
the residential, business or wireless telephone subscriber,
whichever occurs first.
(d) Fee limitation.--No list administrator may impose a fee
for copies of a do-not-call list which exceeds the costs
incurred by the list administrator in the production,
preparation and distribution of that list or at a fee authorized
by 16 CFR 310.8 (relating to [severability] fee for access to
the National Do Not Call Registry).
(e) Affirmative defense.--A telemarketer is not in violation
of this section if all of the following are satisfied:
(1) He has established and implemented written
procedures to comply with this section.
(2) He has trained his personnel in the procedures.
(3) The telemarketer acting on behalf of the seller has
maintained and recorded lists of residential, business or
wireless telephone subscribers who may not be contacted.
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(4) Any subsequent call is the result of error.
(f) Attorney General.--The list administrator shall provide
the Office of Attorney General with a copy of each quarterly do-
not-call list.
(g) Restrictions on use of do-not-call list.--No
telemarketer shall use a list administrator's do-not-call list
for any purpose other than to remove residential, business or
wireless telephone subscribers from telephone sales call lists.
(h) Disclosure to residential, business or wireless
telephone subscribers.--Each local exchange telephone company,
competitive local exchange telephone company, long-distance
interexchange carrier company, Internet service provider that
provides telephone service and affiliated companies providing
telecommunications billing service shall clearly notify its
residential, business or wireless telephone subscribers in this
Commonwealth of their ability to contact the list administrator
which accepts individual names, addresses and telephone numbers
of persons who do not wish to receive telephone solicitation
calls. The method of notification shall include, but not be
limited to, placing the notice in billing statements mailed to
residential, business and wireless subscribers and publication
of notice in the consumer information pages of a local telephone
directory of general circulation. The notification shall specify
the methods by which residential, business and wireless
subscribers may place their names on the do-not-call list and
how often renewal is necessary.
(i) Contract.--If the Bureau of Consumer Protection has not
entered into a contract with a list administrator within 90 days
of the effective date of this section after a good faith effort
to do so, the bureau may contract with any nonprofit
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organization to carry out the provisions of this section.
(j) Identification.--No telemarketer shall fail to provide a
residential, business or wireless telephone subscriber with the
name of the caller, the name of the person or entity on whose
behalf the call is being made and, upon request, a telephone
number or address at which the person or entity may be
contacted. If a telemarketer makes a solicitation using an
artificial or prerecorded voice message transmitted by an
autodialer or prerecorded message player which placed the
telephone solicitation call, the telephone number may not be a
900 number or any other number for which charges exceed local or
long-distance transmission charges.
(k) Investigation, enforcement and reporting.--
(1) The Bureau of Consumer Protection in the Office of
Attorney General shall investigate any complaints received
concerning violations of this section. If, after
investigating any complaint, the Attorney General finds that
there has been a violation of this section, the Attorney
General may bring an action to impose a civil penalty and to
seek other relief, including injunctive relief, under the act
of December 17, 1968 (P.L.1224, No.387), known as the Unfair
Trade Practices and Consumer Protection Law.
(2) The Attorney General shall remit 10% of any civil
penalty collected under this section to the person filing the
complaint leading to the civil penalty. In no event, however,
shall the amount of this remittance exceed $100 for any
person.
(3) On or before November 30 of each year, the Attorney
General shall submit to the General Assembly a report
detailing investigations and enforcement actions taken under
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this section during the preceding Commonwealth fiscal year.
The report shall include, but not be limited to, the number
of complaints received under this section, the nature of
those complaints, the number of investigations and
enforcement actions instituted by the Attorney General, a
summary of the results of those investigations and
enforcement and the amount of any civil penalties collected.
Section 3. This act shall take effect in 60 days.
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