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Pennsylvania House of Representatives
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House of Representatives
Session of 2017 - 2018 Regular Session

MEMORANDUM

Posted: January 23, 2017 01:45 PM
From: Representative Thomas P. Murt
To: All House members
Subject: Penalties for Violating the "Do Not Call" List
 
I receive many calls from constituents regarding telemarketers who are not abiding by "do not call" lists. These two pieces of legislation are intended to deter telemarketers from ignoring the lists as well as increasing the incentive for the Attorney General to enforce the telemarketing laws. Also, the legislation will increase the probability that consumers will report telemarketers by increasing the percentage of fines that are shared with the consumers who file the complaints that lead to prosecution.



Document #1

Introduced as HB838

Description: The first piece of legislation will increase the monetary penalty that may be recovered by the Attorney General for violations of the Unfair Trade Practices and Consumer Protection Law (Act 387 of 1968.) This legislation was previously introduced as HB 169 (Truitt).

This legislation increases the maximum civil penalty for violations of the Unfair Trade Practices Law from $1,000 ($3,000 if the “victim” is 60 years of age or older) to $10,000 ($15,000 if the “victim” is 60 years of age or older.)
 

Document #2

Description: The second piece of legislation will increase the percentage of a civil penalty recovered by the Attorney General for violations of the Telemarketer Registration Act (Act 147 of 1996) that are shared with the person who filed the complaint leading to the civil penalty. This legislation was previously introduced as HB 171 (Truitt).

Under current law, a person whose complaint led to the imposition of a civil penalty pursuant to PA’s telemarketing law will receive 10% (up to a maximum of $100.00.)  My legislation will increase that percentage to 50% and will increase the maximum amount a person may receive to $7,500.00.  I’m hopeful that by increasing the amount of a civil penalty that is shared with persons whose complaints lead to successful prosecutions for violations, the Telemarketer Registration Act will incentivize consumers to take action against unwanted solicitation calls and strengthen enforcement of this law.