PRINTER'S NO. 853
No. 790 Session of 1999
INTRODUCED BY O'PAKE, MELLOW, BELAN, STAPLETON, BODACK, MUSTO,
WOZNIAK, EARLL, COSTA, BOSCOLA, SCHWARTZ AND STOUT,
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.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 5(a) of the act of December 4, 1996
9 (P.L.911, No.147), known as the Telemarketer Registration Act,
10 is amended by adding paragraphs to read:
11 Section 5. Unlawful acts and penalties.
12 (a) Acts enumerated.--The following acts are prohibited:
13 * * *
14 (9) Procuring or using a commercial delivery, courier or
15 other pickup service to obtain a payment before the consumer
16 is provided a full opportunity to inspect the goods.
17 (10) Knowingly providing commercial delivery, courier or
18 other pickup services or bank services to assist a
1 telemarketer to violate paragraph (3) or (9).
2 (11) Deliberately misrepresenting any material fact
3 relating to a solicitation, including the portion to be paid
4 to the charitable organization or purpose.
5 (12) Soliciting a contribution without clearly and
6 conspicuously disclosing before a donation is made or
7 authorized that the solicitor is being paid by the charitable
8 organization or purpose and how the potential contributor may
9 obtain information on the percentage of donations to the
10 subject charity that is spent on fundraising.
11 * * *
12 Section 2. This act shall take effect in 60 days.
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