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
5unwanted telephone solicitation calls.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. The definitions of "do-not-call list,"
9"established business relationship" and "telephone solicitation
10call" in section 2 of the act of December 4, 1996 (P.L.911, 
11No.147), known as the Telemarketer Registration Act, amended
12September 12, 2003 (P.L.105, No.22), are amended to read:

13Section 2. Definitions.

14The following words and phrases when used in this act shall
15have the meanings given to them in this section unless the
16context clearly indicates otherwise:

17* * *

18"Do-not-call list." A list of residential, business or

1wireless telephone subscribers who have notified the list
2administrator of their desire not to receive telephone
3solicitation calls.

4"Established business relationship." A prior or existing
5relationship formed by a voluntary two-way communication between
6a person or entity and a residential, business or wireless
7telephone subscriber, with or without an exchange of
8consideration, on the basis of an inquiry, application, purchase
9or transaction by the residential, business or wireless
10telephone subscriber regarding products or services offered by
11such persons or entity. In regard to an inquiry, the person or
12entity shall obtain the consent of a residential, business or
13wireless telephone subscriber to continue the business
14relationship beyond the initial inquiry.

15* * *

16"Telephone solicitation call." A call made to a residential, 
17business or wireless telephone subscriber for the purpose of
18soliciting the sale of any consumer goods or services or for the
19purpose of obtaining information that will or may be used for
20the direct solicitation of a sale of consumer goods or services
21or an extension of credit for that purpose. The term does not
22include a call made to a residential, business or wireless
23telephone consumer:

24(1) In response to an express request of the residential
25or wireless telephone consumer.

26(2) In reference to an existing debt, contract, payment
27or performance.

28(3) With whom the telemarketer has an established
29business relationship within the past 12 months preceding the
30call.

1(4) On behalf of an organization granted tax-exempt
2status under section 501(c)(3), (5) or (8) of the Internal
3Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et
4seq.) or a veterans organization chartered by the Congress of
5the United States and or its duly appointed foundation.

6(5) On behalf of a political candidate or a political
7party.

8Section 2. Section 5.2 of the act, amended September 12, 
92003 (P.L.105, No.22), is amended to read:

10Section 5.2. Unwanted telephone solicitation calls prohibited.

11(a) General rule.--No telemarketer shall initiate or cause
12to be initiated a telephone solicitation call to a residential
13or business telephone number of a residential or business
14telephone subscriber who does not wish to receive telephone
15solicitation calls and has caused his name, address and
16telephone number to be enrolled on a do-not-call list maintained
17by the list administrator. This prohibition shall be effective
1830 days after a quarterly do-not-call list is issued by the list
19administrator which first contains a residential or business
20telephone subscriber's name, address and residential or business
21telephone number. In the event that the Federal Trade Commission
22and/or the Federal Communications Commission establish a
23national No Call Registry, the Director of the Bureau of
24Consumer Protection in the Office of Attorney General is
25authorized to release to the list administrator of such national
26No Call Registry sufficient data to include all those
27residential or business telephone subscribers currently enrolled
28on the do-not-call list and any residential or business
29telephone subscribers who subsequently enroll with the Bureau of
30Consumer Protection in the Office of Attorney General. Prior to

1releasing any such data to a national No Call Registry, the
2Bureau of Consumer Protection in the Office of Attorney General
3shall provide those residential or business telephone
4subscribers currently enrolled with the opportunity to remove
5their information from the do-not-call list.

6(b) Listings.--Telemarketers making telephone solicitation
7calls shall quarterly obtain listings of residential, business
8or wireless telephone subscribers in this Commonwealth who have
9arranged to have their names, addresses and telephone numbers
10enrolled on the list administrator's do-not-call list or shall
11utilize a service provider who has quarterly obtained and will
12use such listings.

13(c) Duration.--A listing on a do-not-call list shall be
14maintained for a minimum of five years from the date of the
15enrollment or until the telephone number is no longer valid for
16the residential, business or wireless telephone subscriber,
17whichever occurs first.

18(d) Fee limitation.--No list administrator may impose a fee
19for copies of a do-not-call list which exceeds the costs
20incurred by the list administrator in the production,
21preparation and distribution of that list or at a fee authorized
22by 16 CFR 310.8 (relating to [severability] fee for access to 
23the National Do Not Call Registry).

24(e) Affirmative defense.--A telemarketer is not in violation
25of this section if all of the following are satisfied:

26(1) He has established and implemented written
27procedures 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
30maintained and recorded lists of residential, business or

1wireless 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
4the Office of Attorney General with a copy of each quarterly do-
5not-call list.

6(g) Restrictions on use of do-not-call list.--No
7telemarketer shall use a list administrator's do-not-call list
8for any purpose other than to remove residential, business or
9wireless telephone subscribers from telephone sales call lists.

10(h) Disclosure to residential, business or wireless
11telephone subscribers.--Each local exchange telephone company,
12competitive local exchange telephone company, long-distance
13interexchange carrier company, Internet service provider that
14provides telephone service and affiliated companies providing
15telecommunications billing service shall clearly notify its
16residential, business or wireless telephone subscribers in this
17Commonwealth of their ability to contact the list administrator
18which accepts individual names, addresses and telephone numbers
19of persons who do not wish to receive telephone solicitation
20calls. The method of notification shall include, but not be
21limited to, placing the notice in billing statements mailed to
22residential, business and wireless subscribers and publication
23of notice in the consumer information pages of a local telephone
24directory of general circulation. The notification shall specify
25the methods by which residential, business and wireless
26subscribers may place their names on the do-not-call list and
27how often renewal is necessary.

28(i) Contract.--If the Bureau of Consumer Protection has not
29entered into a contract with a list administrator within 90 days
30of the effective date of this section after a good faith effort

1to do so, the bureau may contract with any nonprofit
2organization to carry out the provisions of this section.

3(j) Identification.--No telemarketer shall fail to provide a
4residential, business or wireless telephone subscriber with the
5name of the caller, the name of the person or entity on whose
6behalf the call is being made and, upon request, a telephone
7number or address at which the person or entity may be
8contacted. If a telemarketer makes a solicitation using an
9artificial or prerecorded voice message transmitted by an
10autodialer or prerecorded message player which placed the
11telephone solicitation call, the telephone number may not be a
12900 number or any other number for which charges exceed local or
13long-distance transmission charges.

14(k) Investigation, enforcement and reporting.--

15(1) The Bureau of Consumer Protection in the Office of
16Attorney General shall investigate any complaints received
17concerning violations of this section. If, after
18investigating any complaint, the Attorney General finds that
19there has been a violation of this section, the Attorney
20General may bring an action to impose a civil penalty and to
21seek other relief, including injunctive relief, under the act
22of December 17, 1968 (P.L.1224, No.387), known as the Unfair
23Trade Practices and Consumer Protection Law.

24(2) The Attorney General shall remit 10% of any civil
25penalty collected under this section to the person filing the
26complaint leading to the civil penalty. In no event, however,
27shall the amount of this remittance exceed $100 for any
28person.

29(3) On or before November 30 of each year, the Attorney
30General shall submit to the General Assembly a report

1detailing investigations and enforcement actions taken under
2this section during the preceding Commonwealth fiscal year.
3The report shall include, but not be limited to, the number
4of complaints received under this section, the nature of
5those complaints, the number of investigations and
6enforcement actions instituted by the Attorney General, a
7summary of the results of those investigations and
8enforcement and the amount of any civil penalties collected.

9Section 3. This act shall take effect in 60 days.