PRINTER'S NO. 808
No. 717 Session of 2005
INTRODUCED BY GEORGE, BELARDI, BELFANTI, FABRIZIO, FAIRCHILD,
FRANKEL, GRUCELA, HERSHEY, LEVDANSKY, MANN, McILHATTAN,
SAINATO, SHANER, THOMAS, TIGUE AND WALKO, MARCH 1, 2005
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 1, 2005
AN ACT
1 Amending the act of December 17, 1968 (P.L.1224, No.387),
2 entitled "An act prohibiting unfair methods of competition
3 and unfair or deceptive acts or practices in the conduct of
4 any trade or commerce, giving the Attorney General and
5 District Attorneys certain powers and duties and providing
6 penalties," further defining "unfair methods of competition"
7 and "unfair or deceptive acts or practices."
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 2(4)(xvii) of the act of December 17,
11 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and
12 Consumer Protection Law, reenacted and amended November 24, 1976
13 (P.L.1166, No.260) and amended December 4, 1996 (P.L.906,
14 No.146), is amended to read:
15 Section 2. Definitions.--As used in this act.
16 * * *
17 (4) "Unfair methods of competition" and "unfair or deceptive
18 acts or practices" mean any one or more of the following:
19 * * *
20 (xvii) Making solicitations for sales of goods or services
1 over the telephone or by electronic means without first clearly,
2 affirmatively and expressly stating:
3 (A) the identity of the seller;
4 (B) that the purpose of the [call] communication is to sell
5 goods or services;
6 (C) the nature of the goods or services; [and]
7 (D) that no purchase or payment is necessary to be able to
8 win a prize or participate in a prize promotion if a prize
9 promotion is offered. This disclosure must be made before or in
10 conjunction with the description of the prize to the person
11 called. If requested by that person, the telemarketer must
12 disclose the no-purchase/no-payment entry method for the prize
13 promotion; and
14 (E) that no purchase or payment may be accepted from a bank
15 or credit union checking or savings account for an offer or
16 implied offer to assist the consumer in qualifying for,
17 researching or providing information about public or private
18 grants or programs except when the offer is made by a government
19 agency or its authorized agent.
20 * * *
21 Section 2. This act shall take effect in 60 days.
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