PRINTER'S NO. 299
No. 276 Session of 2005
INTRODUCED BY PRESTON, BAKER, BALDWIN, BARRAR, BEBKO-JONES,
BELARDI, BISHOP, BOYD, BUNT, BUXTON, CALTAGIRONE, CAPPELLI,
CAUSER, COSTA, CRAHALLA, CREIGHTON, CURRY, DALEY, DeLUCA,
DENLINGER, EACHUS, J. EVANS, FABRIZIO, FAIRCHILD, FICHTER,
FLICK, FRANKEL, FREEMAN, GEORGE, GINGRICH, GOODMAN, GRUCELA,
HARHAI, HARPER, HARRIS, HERSHEY, HICKERNELL, JAMES, JOSEPHS,
W. KELLER, KOTIK, LaGROTTA, LEACH, LEDERER, LEH, MACKERETH,
MANN, McCALL, McGEEHAN, MELIO, METCALFE, MUNDY, NAILOR,
O'NEILL, PALLONE, PETRARCA, PICKETT, PISTELLA, PYLE, RAMALEY,
READSHAW, REICHLEY, ROONEY, SAINATO, SCAVELLO, SCHRODER,
STABACK, SURRA, TANGRETTI, THOMAS, TIGUE, WALKO, WOJNAROSKI,
YOUNGBLOOD AND LEVDANSKY, FEBRUARY 8, 2005
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 8, 2005
AN ACT
1 Prohibiting unauthorized disclosure of wireless telephone
2 information.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Unauthorized disclosure of wireless telephone
6 information.
7 (a) General rule.--It shall be unlawful for any wireless
8 telecommunications provider doing business in this Commonwealth
9 to provide any personal consumer data, including, but not
10 limited to, wireless telephone numbers and the consumers' names
11 and addresses to any third party for purposes of inclusion in a
12 public directory without the written consent of the consumer.
13 (b) Contract requirement.--It is a violation of this section
1 if a wireless telecommunications provider service agreement
2 requires a consumer to pay a fee in order for the consumer's
3 personal data to be unlisted in any public directory.
4 (c) Violations.--The Attorney General shall investigate any
5 complaints received regarding violations of this section. If the
6 Attorney General finds there has been a violation of this
7 section, the Attorney General shall bring an action to impose a
8 civil penalty and/or to seek other relief, including injunctive
9 relief, under the act of December 17, 1968 (P.L.1224, No.387),
10 known as the Unfair Trade Practices and Consumer Protection Law.
11 (d) Exceptions.--This section shall not apply to required
12 disclosures under the act of July 9, 1990 (P.L.340, No.78),
13 known as the Public Safety Emergency Telephone Act, the act of
14 December 4, 1996 (P.L.911, No.147), known as the Telemarketer
15 Registration Act, or any other Federal or State law or court
16 order.
17 Section 2. Effective date.
18 This act shall take effect in 60 days.
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