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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 4, 2011 |
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| AN ACT |
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1 | Amending the act of December 4, 1996 (P.L.911, No.147), entitled |
2 | "An act providing for registration requirements for |
3 | telemarketers and for powers and duties of the Office of |
4 | Attorney General," further providing for the definitions of |
5 | "telemarketing" and "telephone solicitation call" and for |
6 | unlawful acts and penalties. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. The definitions of "telemarketing" and "telephone |
10 | solicitation call" in section 2 of the act of December 4, 1996 |
11 | (P.L.911, No.147), known as the Telemarketer Registration Act, |
12 | amended September 12, 2003 (P.L.105, No.22), are amended to |
13 | read: |
14 | Section 2. Definitions. |
15 | The following words and phrases when used in this act shall |
16 | have the meanings given to them in this section unless the |
17 | context clearly indicates otherwise: |
18 | * * * |
19 | "Telemarketing." A plan, program or campaign which is |
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1 | conducted to induce the purchase of goods or services or to |
2 | solicit contributions for any charitable purpose, charitable |
3 | promotion or for or on behalf of any charitable organization, |
4 | political party or political candidate by use of one or more |
5 | telephones and which involves more than one telephone call. For |
6 | purposes of this act, the terms "charitable purpose," |
7 | "charitable promotion," "charitable organization," "professional |
8 | fundraising counsel," "professional solicitor" and |
9 | "solicitation" have the meanings as defined in the act of |
10 | December 19, 1990 (P.L.1200, No.202), known as the Solicitation |
11 | of Funds for Charitable Purposes Act. |
12 | * * * |
13 | "Telephone solicitation call." A call made to a residential |
14 | or wireless telephone subscriber for the purpose of soliciting |
15 | the sale of any consumer goods or services or for the purpose of |
16 | obtaining information that will or may be used for the direct |
17 | solicitation of a sale of consumer goods or services or an |
18 | extension of credit for that purpose. The term shall include a |
19 | call made to a residential or wireless telephone subscriber for |
20 | the purpose of promoting or expressing opposition to any |
21 | political candidate or political party. The term does not |
22 | include a call made to a residential or wireless telephone |
23 | consumer: |
24 | (1) In response to an express request of the residential |
25 | or wireless telephone consumer. |
26 | (2) In reference to an existing debt, contract, payment |
27 | or performance. |
28 | (3) With whom the telemarketer has an established |
29 | business relationship within the past 12 months preceding the |
30 | call. |
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1 | (4) On behalf of an organization granted tax-exempt |
2 | status under section 501(c)(3), (5) or (8) of the Internal |
3 | Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et |
4 | seq.) or a veterans organization chartered by the Congress of |
5 | the United States and or its duly appointed foundation. |
6 | [(5) On behalf of a political candidate or a political |
7 | party.] |
8 | Section 2. Section 5(a) of the act is amended by adding a |
9 | paragraph to read: |
10 | Section 5. Unlawful acts and penalties. |
11 | (a) Acts enumerated.--The following acts are prohibited: |
12 | * * * |
13 | (5.1) In the case of telemarketing on behalf of a |
14 | political candidate or a political party, failing to disclose |
15 | promptly to any consumer during the initial telephone contact |
16 | the name of the individual or organization subsidizing the |
17 | telemarketer or telemarketing business for that particular |
18 | call. |
19 | * * * |
20 | Section 3. This act shall take effect in 90 days. |
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