H0820B1811A02709 SFR:JMT 06/27/15 #90 A02709
AMENDMENTS TO HOUSE BILL NO. 820
Sponsor: REPRESENTATIVE FARRY
Printer's No. 1811
Amend Bill, page 1, line 4, by inserting after "for"
definitions, for
Amend Bill, page 1, lines 9 through 15; page 2, lines 1
through 3; by striking out all of said lines on said pages and
inserting
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 a definition 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:
* * *
"Robocall." A telephone solicitation call made to a large
number of people, using a computerized autodialer, to deliver a
prerecorded telemarketing message.
* * *
Section 2. Section 5(a)(2) of the act is amended and the
section is amended by adding a paragraph to read:
Section 5. Unlawful acts and penalties.
(a) Acts enumerated.--The following acts are prohibited:
* * *
(2) Initiating an outbound telephone call, including a
robocall, to a person when that person previously has stated
that he or she does not wish to receive an outbound telephone
call made by or on behalf of the seller whose goods or
services are being offered. A seller or telemarketer will not
be liable for violating the provisions of this paragraph if:
(i) he has established and implemented written
procedures to comply with this paragraph;
(ii) he has trained his personnel in the procedures;
(iii) the seller or the telemarketer acting on
behalf of the seller has maintained and recorded lists of
persons who may not be contacted; and
(iv) any subsequent call is the result of error.
* * *
2015/90SFR/HB0820A02709 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
(10) Conducting telemarketing on a legal holiday.
* * *
Section 3. Section 5.2(c) and (j) of the act, amended
September 12, 2003 (P.L.105, No.22), are amended and the section
is amended by adding a subsection to read:
Amend Bill, page 2, by inserting between lines 12 and 13
(j) Identification.--No telemarketer shall fail to provide a
residential 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] a robocall, the telephone number may not be a
900 number or any other number for which charges exceed local or
long-distance transmission charges.
* * *
(l) Robocall requirements.--
(1) A telemarketer or telemarketing business that uses
robocalls:
(i) Shall establish a procedure, consistent with the
requirements under subparagraph (ii), for a called person
to opt out of receiving future telephone solicitation
calls from that telemarketer or telemarketing business
and be immediately taken off the telemarketer ' s call
list.
(ii) Shall provide notice to a called number, at the
beginning of the call, stating how a called person can
opt out of receiving future telephone solicitation calls
from that telemarketer or telemarketing business.
Immediate opt out shall be available through an
automated, interactive voice-activated or key press-
activated opt-out mechanism for the called person to make
a do-not-call request, including brief explanatory
instructions on how to use the opt out mechanism, within
two seconds of disclosing the name of the caller and the
name of the person or entity on whose behalf the call is
being made. The called person shall be able to opt out
throughout the duration of the call.
(iii) May not require a called person's written
consent as a condition to opt out of future telemarketing
calls.
(iv) May not consider the action of opting out as
the creation of an established business relationship.
(2) When a robocall is left on an answering machine or a
voice mail service, the message must provide a toll-free
telephone number that enables the called person to call back
at a later time and connect directly to the automated,
2015/90SFR/HB0820A02709 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
interactive voice-activated or key press-activated opt-out
mechanism and automatically record the called person's number
to the do-not-call list of the telemarketer or telemarketing
business.
Amend Bill, page 2, line 13, by striking out "3" and
inserting
4
2015/90SFR/HB0820A02709 - 3 -
1
2
3
4
5
6
7