PRINTER'S NO. 429
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY GOODMAN, CALTAGIRONE, CARROLL, D. COSTA, DEAN, DUNBAR, FABRIZIO, FARRY, GABLER, GIBBONS, GILLEN, GROVE, HALUSKA, HARHAI, KNOWLES, MCGEEHAN, NEILSON, SANTARSIERO, TRUITT AND WHITE, JANUARY 29, 2013
REFERRED TO COMMITEE ON STATE GOVERNMENT, JANUARY 29, 2013
1Amending the act of December 4, 1996 (P.L.911, No.147), entitled
2"An act providing for registration requirements for
3telemarketers and for powers and duties of the Office of
4Attorney General," further providing for definitions and for
5registration requirement; and providing for unwanted
6automatic political calls.
9Section 1. The definition of "list administrator" in section
102 of the act of December 4, 1996 (P.L.911, No.147), known as the
11Telemarketer Registration Act, amended September 12, 2003
12(P.L.105, No.22), is amended and the section is amended by
13adding definitions to read:
14Section 2. Definitions.
5(1) A candidate as defined in section 102(a) of the act
6of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania
7Election Code; a party as defined in section 102(n) of the
8Pennsylvania Election Code; or a political body as defined in
9section 102(p) of the Pennsylvania Election Code.
15* * *
16"List administrator." [A nonprofit] An organization, as
17designated by contract entered into by the Director of the
18Bureau of Consumer Protection in the Office of Attorney General,
19that accepts individual names, addresses and telephone numbers
20of persons who do not wish to receive telephone solicitation
21calls and that has been in existence for ten or more years. In
22the event that the Federal Trade Commission and/or Federal
23Communications Commission establish a unified national No Call
24Registry for the purpose of providing consumers with protection
25from receiving unwanted telephone solicitation calls similar to
26the protection provided in this act, then the Director of the
27Bureau of Consumer Protection in the Office of Attorney General
28may enter into an agreement to utilize the services of the
29administrator of any such national No Call Registry in lieu of
30using [any nonprofit] an organization.
1* * *
2Section 2. Section 3 of the act is amended to read:
3Section 3. Registration requirement.
4(a) General rule.--In addition to any other requirements
5imposed by law, a telemarketer or the telemarketing business
6which employs the telemarketer is required to register with the
7Office of Attorney General at least 30 days prior to offering
8for sale consumer goods or services through any medium. This
9section will not apply, however, to persons or businesses
10licensed by or registered with a Federal or Commonwealth agency
11or to a person or business conducting telemarketing exclusively
12through the use of automatic political calls. Notwithstanding
13any other provision of this act, any business which provides
14telemarketing services to other entities and has been under the
15same ownership and control for less than five years shall
16register under this section.
17(b) Unlawful conduct.--It shall be unlawful for any
18telemarketer to initiate a telephone call to or receive a
19telephone call from a consumer in connection with the purchase
20of consumer goods or services unless the telemarketer or the
21telemarketing business which employs the telemarketer is
22registered with the Office of Attorney General.
25Section 3. The act is amended by adding a section to read:
26Section 5.3. Unwanted automatic political calls.
27(a) General rule.--
1political call to a residential or wireless telephone number
2of a telephone subscriber who does not wish to receive
3automatic political calls and has caused the subscriber's
4name, address and telephone number to be enrolled on a do-
5not-call list for automatic political calls maintained by a
10(3) The list under paragraph (1) shall be completed six
11months after the effective date of this section. The list
12administrator shall transmit a notice of completion to the
13Legislative Reference Bureau for publication in the
20(6) If the Office of Attorney General does not serve as
21the list administrator for purposes of this subsection, the
22list administrator shall provide the list under paragraph (1)
23to the Office of Attorney General on a biannual basis.
24(b) Exceptions.--Subsection (a)(1) shall not apply to a call
25on behalf of a political candidate, political party or political
26body made by an individual and not by an automatic dialing-
30(1) obtain on a biannual basis a listing of residential
20(g) Violation.--A violation of this section shall constitute
21an unlawful act under section 3 of the act of December 17, 1968
22(P.L.1224, No.387), known as the Unfair Trade Practices and
23Consumer Protection Law.
24Section 4. This act shall take effect immediately.