PRINTER'S NO. 223
No. 215 Session of 2003
INTRODUCED BY GREENLEAF, LEMMOND, RAFFERTY, RHOADES, KASUNIC,
KITCHEN, WOZNIAK AND SCHWARTZ, FEBRUARY 6, 2003
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
FEBRUARY 6, 2003
AN ACT
1 Amending the act of December 4, 1996 (P.L.911, No.147), entitled
2 "An act providing for registration requirements for
3 telemarketers and for powers and duties of the Office of
4 Attorney General," further providing for definitions and for
5 unwanted telephone solicitation calls.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The definitions of "Do-not-call list,"
9 "Established business relationship," and "Telephone solicitation
10 call" in section 2 of the act of December 4, 1996 (P.L.911,
11 No.147), known as the Telemarketer Registration Act, added April
12 2, 2002 (P.L.221, No.24), are amended to read:
13 Section 2. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 * * *
18 "Do-not-call list." A list of residential, business or
19 wireless telephone subscribers who have notified the list
1 administrator of their desire not to receive telephone
2 solicitation calls.
3 "Established business relationship." A prior or existing
4 relationship formed by a voluntary two-way communication between
5 a person or entity and a residential, business or wireless
6 telephone subscriber, with or without an exchange of
7 consideration, on the basis of an inquiry, application, purchase
8 or transaction by the residential, business or wireless
9 telephone subscriber regarding products or services offered by
10 such persons or entity. In regard to an inquiry, the person or
11 entity shall obtain the consent of a residential, business or
12 wireless telephone subscriber to continue the business
13 relationship beyond the initial inquiry.
14 * * *
15 "Telephone solicitation call." A call made to a residential,
16 business or wireless telephone subscriber for the purpose of
17 soliciting the sale of any consumer goods or services or for the
18 purpose of obtaining information that will or may be used for
19 the direct solicitation of a sale of consumer goods or services
20 or an extension of credit for that purpose. The term does not
21 include a call made to a residential, business or wireless
22 telephone consumer:
23 (1) In response to an express request of the
24 residential, business or wireless telephone consumer.
25 (2) In reference to an existing debt, contract, payment
26 or performance.
27 (3) With whom the telemarketer has an established
28 business relationship within the past 12 months preceding the
29 call.
30 (4) On behalf of an organization granted tax-exempt
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1 status under section 501(c)(3), (5) or (8) of the Internal
2 Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et
3 seq.) or a veterans organization chartered by the Congress of
4 the United States and or its duly appointed foundation.
5 (5) On behalf of a political candidate or a political
6 party.
7 Section 2. Section 5.2 of the act, added April 2, 2002
8 (P.L.221, No.24), is amended to read:
9 Section 5.2. Unwanted telephone solicitation calls prohibited.
10 (a) General rule.--No telemarketer shall initiate or cause
11 to be initiated a telephone solicitation call to a residential,
12 business or wireless telephone number of a residential, business
13 or wireless telephone subscriber who does not wish to receive
14 telephone solicitation calls and has caused his name, address
15 and telephone number to be enrolled on a do-not-call list
16 maintained by the list administrator. This prohibition shall be
17 effective 30 days after a quarterly do-not-call list is issued
18 by the list administrator which first contains a residential,
19 business or wireless telephone subscriber's name, address and
20 residential, business or wireless telephone number.
21 (b) Listings.--Telemarketers making telephone solicitation
22 calls shall quarterly obtain listings of residential, business
23 or wireless telephone subscribers in this Commonwealth who have
24 arranged to have their names, addresses and telephone numbers
25 enrolled on the list administrator's do-not-call list or shall
26 utilize a service provider who has quarterly obtained and will
27 use such listings.
28 (c) Duration.--A listing on a do-not-call list shall be
29 maintained for a minimum of five years from the date of the
30 enrollment or until the telephone number is no longer valid for
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1 the residential, business or wireless telephone subscriber,
2 whichever occurs first.
3 (d) Fee limitation.--No list administrator may impose a fee
4 for copies of a do-not-call list which exceeds the costs
5 incurred by the list administrator in the production,
6 preparation and distribution of that list.
7 (e) Affirmative defense.--A telemarketer is not in violation
8 of this section if all of the following are satisfied:
9 (1) He has established and implemented written
10 procedures to comply with this section.
11 (2) He has trained his personnel in the procedures.
12 (3) The telemarketer acting on behalf of the seller has
13 maintained and recorded lists of residential, business or
14 wireless telephone subscribers who may not be contacted.
15 (4) Any subsequent call is the result of error.
16 (f) Attorney General.--The list administrator shall provide
17 the Office of Attorney General with a copy of each quarterly do-
18 not-call list.
19 (g) Restrictions on use of do-not-call list.--No
20 telemarketer shall use a list administrator's do-not-call list
21 for any purpose other than to remove residential, business or
22 wireless telephone subscribers from telephone sales call lists.
23 (h) Disclosure to residential, business or wireless
24 telephone subscribers.--Each local exchange telephone company,
25 competitive local exchange telephone company, long-distance
26 interexchange carrier company, Internet service provider that
27 provides telephone service and affiliated companies providing
28 telecommunications billing service shall clearly notify its
29 residential, business or wireless telephone subscribers in this
30 Commonwealth of their ability to contact the list administrator
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1 which accepts individual names, addresses and telephone numbers
2 of persons who do not wish to receive telephone solicitation
3 calls. The method of notification shall include, but not be
4 limited to, placing the notice in billing statements mailed to
5 residential, business and wireless subscribers and publication
6 of notice in the consumer information pages of a local telephone
7 directory of general circulation. The notification shall specify
8 the methods by which residential, business and wireless
9 subscribers may place their names on the do-not-call list and
10 how often renewal is necessary.
11 (i) Contract.--If the Bureau of Consumer Protection has not
12 entered into a contract with a list administrator within 90 days
13 of the effective date of this section after a good faith effort
14 to do so, the bureau may contract with any nonprofit
15 organization to carry out the provisions of this section.
16 (j) Identification.--No telemarketer shall fail to provide a
17 residential, business or wireless telephone subscriber with the
18 name of the caller, the name of the person or entity on whose
19 behalf the call is being made and, upon request, a telephone
20 number or address at which the person or entity may be
21 contacted. If a telemarketer makes a solicitation using an
22 artificial or prerecorded voice message transmitted by an
23 autodialer or prerecorded message player which placed the
24 telephone solicitation call, the telephone number may not be a
25 900 number or any other number for which charges exceed local or
26 long-distance transmission charges.
27 (k) Investigation, enforcement and reporting.--
28 (1) The Bureau of Consumer Protection in the Office of
29 Attorney General shall investigate any complaints received
30 concerning violations of this section. If, after
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1 investigating any complaint, the Attorney General finds that
2 there has been a violation of this section, the Attorney
3 General may bring an action to impose a civil penalty and to
4 seek other relief, including injunctive relief, under the act
5 of December 17, 1968 (P.L.1224, No.387), known as the Unfair
6 Trade Practices and Consumer Protection Law.
7 (2) The Attorney General shall remit 10% of any civil
8 penalty collected under this section to the person filing the
9 complaint leading to the civil penalty. In no event, however,
10 shall the amount of this remittance exceed $100 for any
11 person.
12 (3) On or before November 30 of each year, the Attorney
13 General shall submit to the General Assembly a report
14 detailing investigations and enforcement actions taken under
15 this section during the preceding Commonwealth fiscal year.
16 The report shall include, but not be limited to, the number
17 of complaints received under this section, the nature of
18 those complaints, the number of investigations and
19 enforcement actions instituted by the Attorney General, a
20 summary of the results of those investigations and
21 enforcement and the amount of any civil penalties collected.
22 Section 3. This act shall take effect in 60 days.
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