A01952
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
236
Session of
2021
INTRODUCED BY BROOKS, TARTAGLIONE, STEFANO, MARTIN, BARTOLOTTA,
GORDNER, HUTCHINSON, COLLETT, YUDICHAK, BROWNE, PITTMAN,
LANGERHOLC AND KANE, FEBRUARY 16, 2021
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 16, 2021
AN ACT
Amending the act of December 4, 1996 (P.L.911, No.147), entitled
"An act providing for registration requirements for
telemarketers and for powers and duties of the Office of
Attorney General," further providing for definitions, for
unlawful acts and penalties and for unwanted telephone
solicitation calls prohibited.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "robocall" in section 2 of the
act of December 4, 1996 (P.L.911, No.147), known as the
Telemarketer Registration Act, added October 4, 2019 (P.L.447,
No.73), is amended and the section is amended by adding
definitions 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:
* * *
"Caller ID spoofing." Knowingly causing, directly or
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indirectly, any caller identification service to transmit
inaccurate or misleading caller identification information to a
person or entity receiving a call.
"Caller identification information." Information provided by
a caller identification service regarding the telephone number
of, or other information regarding the origin of, a call made
using a communications service, including a telecommunications
or Interconnected Voice over Internet Protocol service.
"Caller identification service." Any service or device
designated to provide the user of the service or device with the
telephone number of, or other information regarding the
origination of, a call made using a telecommunications service
or interconnected voice over internet service protocol service.
* * *
"Legal holiday." As defined in 5 U.S.C. ยง 6103(a) (relating
to holidays) on the effective date of this definition.
* * *
"Robocall." [A telephone solicitation call made to a large
number of people, using a computerized autodialer, to deliver a
prerecorded telemarketing message.] A telephone solicitation
using a computerized autodialer or a prerecorded telemarketing
message that is not subject to the provisions of 16 CFR 310.4
(relating to abusive telemarketing acts or practices).
* * *
Section 2. Section 5(a)(1) of the act is amended and the
subsection is amended by adding a paragraph to read:
Section 5. Unlawful acts and penalties.
(a) Acts enumerated.--The following acts are prohibited:
(1) Conducting telemarketing after [9] 8 p.m. or before
8 a.m.
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* * *
(11) Making a robocall after 8 p.m. or before 8 a.m.
* * *
Section 3. Section 5.2 of the act is amended by adding a
subsection to read:
Section 5.2. Unwanted telephone solicitation calls prohibited.
* * *
(j.1) Caller ID spoofing.--A person or entity may not
engage, directly or indirectly, in caller ID spoofing from or to
any person or entity in this Commonwealth with the intent to
defraud, cause harm to or wrongfully obtain anything of value
from another. This subsection does not apply to any of the
following:
(1) The blocking of caller identification information.
(2) A Federal, State or local law enforcement agency.
(3) A Federal intelligence or security agency.
(4) A court order that specifically authorizes the use
of caller identification manipulation.
(5) A communications service provider, including a
telecommunications or Interconnected Voice over Internet
Protocol service provider, that is:
(i) Acting in the communications service provider's
capacity as an intermediary for the transmission of
telephone service between the caller and the recipient.
(ii) Providing or configuring a service or service
feature as requested by the customer.
(iii) Acting in a manner that is authorized or
required by applicable law.
(iv) Engaging in other conduct that is necessary to
provide service.
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* * *
Section 4. This act shall take effect in 60 days.
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