PRINTER'S NO. 866
No. 797 Session of 1999
INTRODUCED BY O'PAKE, BODACK, WAGNER, COSTA, KUKOVICH, MUSTO,
WAUGH, STAPLETON, TILGHMAN, KASUNIC AND MELLOW,
APRIL 12, 1999
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
APRIL 12, 1999
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 unlawful acts and
5 penalties and for violations.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 2 of the act of December 4, 1996
9 (P.L.991, No.147), known as the Telemarketer Registration Act,
10 is amended by adding a definition to read:
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Automatic dialing-announcing device." Any automatic
16 equipment capable of storing telephone numbers to be called; or
17 a random or sequential number generator capable of producing
18 numbers to be called and, alone or in conjunction with other
1 equipment, disseminating a prerecorded message to numbers
2 called.
3 * * *
4 Section 2. Section 5(a) of the act is amended by adding a
5 paragraph to read:
6 Section 5. Unlawful acts and penalties.
7 (a) Acts enumerated.--The following acts are prohibited:
8 * * *
9 (2.1) Placing any telemarketing call through an
10 automatic dialing-announcing device unless:
11 (i) accompanied by an initial unrecorded, natural
12 voice announcement stating the nature of the call, and
13 the name, address and telephone number of the business
14 organization or entity represented in the call;
15 (ii) consented to by the caller; and
16 (iii) the device is immediately disconnected from
17 the telephone line when the call is terminated by either
18 party.
19 * * *
20 Section 3. Section 6 of the act is amended to read:
21 Section 6. Violations.
22 (a) General rule.--A person who violates section 5 commits a
23 common nuisance, and, upon conviction, shall be sentenced to pay
24 a fine of not more than $1,000 per incident.
25 [(a)] (b) Other law.--A violation of this act is also a
26 violation of the act of December 17, 1968 (P.L.1224, No.387),
27 known as the Unfair Trade Practices and Consumer Protection Law.
28 [(b)] (c) Second or subsequent offense.--Upon a second or
29 subsequent violation of this act, the Office of Attorney General
30 may seek revocation of registration or the right to conduct
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1 telemarketing in this Commonwealth.
2 [(c)] (d) Procedure.--All actions of the Office of Attorney
3 General under this act shall be taken subject to the right of
4 notice, hearing and adjudication and the right of appeal
5 therefrom in accordance with 2 Pa.C.S. (relating to
6 administrative law and procedure).
7 Section 4. This act shall take effect in 60 days.
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