PRIOR PRINTER'S NO. 974
PRINTER'S NO. 1761
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
764
Session of
2019
INTRODUCED BY BROOKS, GORDNER, BROWNE, BARTOLOTTA, FOLMER,
HUTCHINSON, KILLION, STEFANO, K. WARD, BLAKE, BREWSTER,
FARNESE, LEACH, SCHWANK, TARTAGLIONE, YUDICHAK, COLLETT,
MASTRIANO, A. WILLIAMS AND DINNIMAN, JUNE 14, 2019
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL
LICENSURE, AS AMENDED, JUNE 9, 2020
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, for
unlawful acts and penalties and for unwanted telephone
solicitation calls prohibited.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of December 4, 1996
(P.L.911, No.147), known as the Telemarketer Registration Act,
is amended by adding definitions 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:
"Caller identification information." Information provided by
a caller identification service regarding the telephone number
of, or other information regarding the origin of, a call made
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using a communications service, including a telecommunications ,
broadband or Interconnected Voice over Internet Protocol
service.
"Caller ID spoofing." The practice of using an application
or other technology in connection with a communications service,
including a telecommunications, broadband or Interconnected
Voice over Internet Protocol service, to knowingly cause
KNOWINGLY CAUSING, DIRECTLY OR INDIRECTLY, any caller
identification service to transmit false INACCURATE or
misleading caller identification information to an individual A
PERSON OR ENTITY receiving a call.
"CALLER IDENTIFICATION SERVICE." ANY SERVICE OR DEVICE
DESIGNATED TO PROVIDE THE USER OF THE SERVICE OR DEVICE WITH THE
TELEPHONE NUMBER OF, OR OTHER INFORMATION REGARDING THE
ORIGINATION OF, A CALL MADE USING A TELECOMMUNICATIONS SERVICE
OR INTERCONNECTED VOICE OVER INTERNET SERVICE PROTOCOL SERVICE.
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"Robocall." A telephone solicitation call made to a large
number of people, using a computerized autodialer , to deliver OR
a prerecorded telemarketing message . THAT IS NOT SUBJECT TO THE
PROVISIONS OF 16 CFR 310.4 (RELATING TO ABUSIVE TELEMARKETING
ACTS OR PRACTICES).
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Section 2. Section 5(a) 5(A)(1) of the act is amended AND
THE SUBSECTION IS AMENDED by adding a paragraph to read:
Section 5. Unlawful acts and penalties.
(a) Acts enumerated.--The following acts are prohibited:
(1) CONDUCTING TELEMARKETING AFTER [9] 8 P.M. OR BEFORE
8 A.M.
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(10) (11) Making a robocall after 8 p.m. or before 8
a.m.
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Section 3. Section 5.2 of the act is amended by adding a
subsection to read:
Section 5.2. Unwanted telephone solicitation calls prohibited.
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(j.1) Caller ID spoofing.--A person OR ENTITY may not
perform ENGAGE, DIRECTLY OR INDIRECTLY, IN caller ID spoofing
when contacting another individual in FROM OR TO ANY PERSON OR
ENTITY IN this Commonwealth with the intent to defraud, harass
or cause harm to or wrongfully obtain anything of value from
another. This subsection does not apply to any of the following:
(1) The blocking of caller identification information.
(2) A Federal, State or local law enforcement agency.
(3) A Federal intelligence or security agency.
(4) A COURT ORDER THAT SPECIFICALLY AUTHORIZES THE USE
OF CALLER IDENTIFICATION MANIPULATION.
(4) (5) A communications service provider, including a
telecommunications , broadband or Interconnected Voice over
Internet Protocol service provider, that is:
(i) Acting in the communications service provider's
capacity as an intermediary for the transmission of
telephone service between the caller and the recipient.
(ii) Providing or configuring a service or service
feature as requested by the customer.
(iii) Acting in a manner that is authorized or
required by applicable law.
(iv) Engaging in other conduct that is necessary to
provide service.
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Section 4. This act shall take effect in 60 days.
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