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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BROWNE, TARTAGLIONE, ORIE, YAW, FONTANA, RAFFERTY, GREENLEAF, M. WHITE, ALLOWAY, COSTA, SOLOBAY, D. WHITE, WAUGH, WOZNIAK, BOSCOLA, STACK, PILEGGI, FERLO, SMUCKER AND PIPPY, FEBRUARY 11, 2011 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, FEBRUARY 11, 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 definitions and for |
5 | unwanted telephone solicitation calls. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. The definitions of "do-not-call list," |
9 | "established business relationship," and "telephone solicitation |
10 | call" in section 2 of the act of December 4, 1996 (P.L.911, No. |
11 | 147), known as the Telemarketer Registration Act, amended |
12 | September 12, 2003 (P.L.105, No.22), are amended to read: |
13 | Section 2. Definitions. |
14 | The following words and phrases when used in this act shall |
15 | have the meanings given to them in this section unless the |
16 | context clearly indicates otherwise: |
17 | * * * |
18 | "Do-not-call list." A list of residential, business or |
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1 | wireless telephone subscribers who have notified the list |
2 | administrator of their desire not to receive telephone |
3 | solicitation calls. |
4 | "Established business relationship." A prior or existing |
5 | relationship formed by a voluntary two-way communication between |
6 | a person or entity and a residential, business or wireless |
7 | telephone subscriber, with or without an exchange of |
8 | consideration, on the basis of an inquiry, application, purchase |
9 | or transaction by the residential, business or wireless |
10 | telephone subscriber regarding products or services offered by |
11 | such persons or entity. In regard to an inquiry, the person or |
12 | entity shall obtain the consent of a residential, business or |
13 | wireless telephone subscriber to continue the business |
14 | relationship beyond the initial inquiry. |
15 | * * * |
16 | "Telephone solicitation call." A call made to a residential, |
17 | business or wireless telephone subscriber for the purpose of |
18 | soliciting the sale of any consumer goods or services or for the |
19 | purpose of obtaining information that will or may be used for |
20 | the direct solicitation of a sale of consumer goods or services |
21 | or an extension of credit for that purpose. The term does not |
22 | include a call made to a residential, business or wireless |
23 | telephone 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 5.2 of the act, amended September 12, |
9 | 2003 (P.L.105, No.22), is amended to read: |
10 | Section 5.2. Unwanted telephone solicitation calls prohibited. |
11 | (a) General rule.--No telemarketer shall initiate or cause |
12 | to be initiated a telephone solicitation call to a residential |
13 | or business telephone number of a residential or business |
14 | telephone subscriber who does not wish to receive telephone |
15 | solicitation calls and has caused his name, address and |
16 | telephone number to be enrolled on a do-not-call list maintained |
17 | by the list administrator. This prohibition shall be effective |
18 | 30 days after a quarterly do-not-call list is issued by the list |
19 | administrator which first contains a residential or business |
20 | telephone subscriber's name, address and residential or business |
21 | telephone number. In the event that the Federal Trade Commission |
22 | and/or the Federal Communications Commission establish a |
23 | national No Call Registry, the Director of the Bureau of |
24 | Consumer Protection in the Office of Attorney General is |
25 | authorized to release to the list administrator of such national |
26 | No Call Registry sufficient data to include all those |
27 | residential or business telephone subscribers currently enrolled |
28 | on the do-not-call list and any residential or business |
29 | telephone subscribers who subsequently enroll with the Bureau of |
30 | Consumer Protection in the Office of Attorney General. Prior to |
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1 | releasing any such data to a national No Call Registry, the |
2 | Bureau of Consumer Protection in the Office of Attorney General |
3 | shall provide those residential or business telephone |
4 | subscribers currently enrolled with the opportunity to remove |
5 | their information from the do-not-call list. |
6 | (b) Listings.--Telemarketers making telephone solicitation |
7 | calls shall quarterly obtain listings of residential, business |
8 | or wireless telephone subscribers in this Commonwealth who have |
9 | arranged to have their names, addresses and telephone numbers |
10 | enrolled on the list administrator's do-not-call list or shall |
11 | utilize a service provider who has quarterly obtained and will |
12 | use such listings. |
13 | (c) Duration.--A listing on a do-not-call list shall be |
14 | maintained for a minimum of five years from the date of the |
15 | enrollment or until the telephone number is no longer valid for |
16 | the residential, business or wireless telephone subscriber, |
17 | whichever occurs first. |
18 | (d) Fee limitation.--No list administrator may impose a fee |
19 | for copies of a do-not-call list which exceeds the costs |
20 | incurred by the list administrator in the production, |
21 | preparation and distribution of that list or at a fee authorized |
22 | by 16 CFR 310.8 (relating to [severability] fee for access to |
23 | the National Do Not Call Registry). |
24 | (e) Affirmative defense.--A telemarketer is not in violation |
25 | of this section if all of the following are satisfied: |
26 | (1) He has established and implemented written |
27 | procedures to comply with this section. |
28 | (2) He has trained his personnel in the procedures. |
29 | (3) The telemarketer acting on behalf of the seller has |
30 | maintained and recorded lists of residential, business or |
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1 | wireless telephone subscribers who may not be contacted. |
2 | (4) Any subsequent call is the result of error. |
3 | (f) Attorney General.--The list administrator shall provide |
4 | the Office of Attorney General with a copy of each quarterly do- |
5 | not-call list. |
6 | (g) Restrictions on use of do-not-call list.--No |
7 | telemarketer shall use a list administrator's do-not-call list |
8 | for any purpose other than to remove residential, business or |
9 | wireless telephone subscribers from telephone sales call lists. |
10 | (h) Disclosure to residential, business or wireless |
11 | telephone subscribers.--Each local exchange telephone company, |
12 | competitive local exchange telephone company, long-distance |
13 | interexchange carrier company, Internet service provider that |
14 | provides telephone service and affiliated companies providing |
15 | telecommunications billing service shall clearly notify its |
16 | residential, business or wireless telephone subscribers in this |
17 | Commonwealth of their ability to contact the list administrator |
18 | which accepts individual names, addresses and telephone numbers |
19 | of persons who do not wish to receive telephone solicitation |
20 | calls. The method of notification shall include, but not be |
21 | limited to, placing the notice in billing statements mailed to |
22 | residential, business and wireless subscribers and publication |
23 | of notice in the consumer information pages of a local telephone |
24 | directory of general circulation. The notification shall specify |
25 | the methods by which residential, business and wireless |
26 | subscribers may place their names on the do-not-call list and |
27 | how often renewal is necessary. |
28 | (i) Contract.--If the Bureau of Consumer Protection has not |
29 | entered into a contract with a list administrator within 90 days |
30 | of the effective date of this section after a good faith effort |
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1 | to do so, the bureau may contract with any nonprofit |
2 | organization to carry out the provisions of this section. |
3 | (j) Identification.--No telemarketer shall fail to provide a |
4 | residential, business or wireless telephone subscriber with the |
5 | name of the caller, the name of the person or entity on whose |
6 | behalf the call is being made and, upon request, a telephone |
7 | number or address at which the person or entity may be |
8 | contacted. If a telemarketer makes a solicitation using an |
9 | artificial or prerecorded voice message transmitted by an |
10 | autodialer or prerecorded message player which placed the |
11 | telephone solicitation call, the telephone number may not be a |
12 | 900 number or any other number for which charges exceed local or |
13 | long-distance transmission charges. |
14 | (k) Investigation, enforcement and reporting.-- |
15 | (1) The Bureau of Consumer Protection in the Office of |
16 | Attorney General shall investigate any complaints received |
17 | concerning violations of this section. If, after |
18 | investigating any complaint, the Attorney General finds that |
19 | there has been a violation of this section, the Attorney |
20 | General may bring an action to impose a civil penalty and to |
21 | seek other relief, including injunctive relief, under the act |
22 | of December 17, 1968 (P.L.1224, No.387), known as the Unfair |
23 | Trade Practices and Consumer Protection Law. |
24 | (2) The Attorney General shall remit 10% of any civil |
25 | penalty collected under this section to the person filing the |
26 | complaint leading to the civil penalty. In no event, however, |
27 | shall the amount of this remittance exceed $100 for any |
28 | person. |
29 | (3) On or before November 30 of each year, the Attorney |
30 | General shall submit to the General Assembly a report |
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1 | detailing investigations and enforcement actions taken under |
2 | this section during the preceding Commonwealth fiscal year. |
3 | The report shall include, but not be limited to, the number |
4 | of complaints received under this section, the nature of |
5 | those complaints, the number of investigations and |
6 | enforcement actions instituted by the Attorney General, a |
7 | summary of the results of those investigations and |
8 | enforcement and the amount of any civil penalties collected. |
9 | Section 3. This act shall take effect in 60 days. |
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