1Amending the act of December 4, 1996 (P.L.911, No.147), entitled
2"An act providing for registration requirements for
3telemarketers and for powers and duties of the Office of
4Attorney General," further providing for definitions and for
5unwanted telephone solicitation calls.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. The definitions of "do-not-call list," 
9"established business relationship" and "telephone solicitation 
10call" in section 2 of the act of December 4, 1996 (P.L.911, 
11No.147), known as the Telemarketer Registration Act, amended 
12September 12, 2003 (P.L.105, No.22), are amended to read:

13Section 2. Definitions.

14The following words and phrases when used in this act shall
15have the meanings given to them in this section unless the
16context clearly indicates otherwise:

17* * *

18"Do-not-call list." A list of residential, business or 
19wireless telephone subscribers who have notified the list
 

1administrator of their desire not to receive telephone 
2solicitation calls.

3"Established business relationship." A prior or existing 
4relationship formed by a voluntary two-way communication between 
5a person or entity and a residential, business or wireless 
6telephone subscriber, with or without an exchange of 
7consideration, on the basis of an inquiry, application, purchase 
8or transaction by the residential, business or wireless 
9telephone subscriber regarding products or services offered by 
10such persons or entity. In regard to an inquiry, the person or 
11entity shall obtain the consent of a residential, business or 
12wireless telephone subscriber to continue the business 
13relationship beyond the initial inquiry.

14* * *

15"Telephone solicitation call." A call made to a residential, 
16business or wireless telephone subscriber for the purpose of 
17soliciting the sale of any consumer goods or services or for the 
18purpose of obtaining information that will or may be used for 
19the direct solicitation of a sale of consumer goods or services 
20or an extension of credit for that purpose. The term does not 
21include a call made to a residential, business or wireless 
22telephone consumer:

23(1) In response to an express request of the residential
24or wireless telephone consumer.

25(2) In reference to an existing debt, contract, payment
26or performance.

27(3) With whom the telemarketer has an established
28business relationship within the past 12 months preceding the
29call.

30(4) On behalf of an organization granted tax-exempt
 

1status under section 501(c)(3), (5) or (8) of the Internal 
2Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et 
3seq.) or a veterans organization chartered by the Congress of 
4the United States and or its duly appointed foundation.

5(5) On behalf of a political candidate or a political
6party.

7Section 2. Section 5.2 of the act, amended September 12, 
82003 (P.L.105, No.22), is amended to read:

9Section 5.2. Unwanted telephone solicitation calls prohibited.

10(a) General rule.--No telemarketer shall initiate or cause
11to be initiated a telephone solicitation call to a residential
12or business telephone number of a residential or business
13telephone subscriber who does not wish to receive telephone
14solicitation calls and has caused his name, address and
15telephone number to be enrolled on a do-not-call list maintained
16by the list administrator. This prohibition shall be effective
1730 days after a quarterly do-not-call list is issued by the list
18administrator which first contains a residential or business
19telephone subscriber's name, address and residential or business
20telephone number. In the event that the Federal Trade Commission
21and/or the Federal Communications Commission establish a
22national No Call Registry, the Director of the Bureau of
23Consumer Protection in the Office of Attorney General is
24authorized to release to the list administrator of such national
25No Call Registry sufficient data to include all those
26residential or business telephone subscribers currently enrolled
27on the do-not-call list and any residential or business
28telephone subscribers who subsequently enroll with the Bureau of
29Consumer Protection in the Office of Attorney General. Prior to
30releasing any such data to a national No Call Registry, the

1Bureau of Consumer Protection in the Office of Attorney General
2shall provide those residential or business telephone
3subscribers currently enrolled with the opportunity to remove
4their information from the do-not-call list.

5(b) Listings.--Telemarketers making telephone solicitation
6calls shall quarterly obtain listings of residential, business
7or wireless telephone subscribers in this Commonwealth who have
8arranged to have their names, addresses and telephone numbers
9enrolled on the list administrator's do-not-call list or shall
10utilize a service provider who has quarterly obtained and will
11use such listings.

12(c) Duration.--A listing on a do-not-call list shall be
13maintained for a minimum of five years from the date of the
14enrollment or until the telephone number is no longer valid for
15the residential, business or wireless telephone subscriber,
16whichever occurs first.

17(d) Fee limitation.--No list administrator may impose a fee
18for copies of a do-not-call list which exceeds the costs
19incurred by the list administrator in the production,
20preparation and distribution of that list or at a fee authorized
21by 16 CFR 310.8 (relating to [severability] fee for access to 
22the National Do Not Call Registry).

23(e) Affirmative defense.--A telemarketer is not in violation
24of this section if all of the following are satisfied:

25(1) He has established and implemented written
26procedures to comply with this section.

27(2) He has trained his personnel in the procedures.

28(3) The telemarketer acting on behalf of the seller has
29maintained and recorded lists of residential, business or
30wireless telephone subscribers who may not be contacted.

1(4) Any subsequent call is the result of error.

2(f) Attorney General.--The list administrator shall provide
3the Office of Attorney General with a copy of each quarterly do-
4not-call list.

5(g) Restrictions on use of do-not-call list.--No
6telemarketer shall use a list administrator's do-not-call list
7for any purpose other than to remove residential, business or
8wireless telephone subscribers from telephone sales call lists.

9(h) Disclosure to residential, business or wireless
10telephone subscribers.--Each local exchange telephone company,
11competitive local exchange telephone company, long-distance
12interexchange carrier company, Internet service provider that
13provides telephone service and affiliated companies providing
14telecommunications billing service shall clearly notify its
15residential, business or wireless telephone subscribers in this
16Commonwealth of their ability to contact the list administrator
17which accepts individual names, addresses and telephone numbers
18of persons who do not wish to receive telephone solicitation
19calls. The method of notification shall include, but not be
20limited to, placing the notice in billing statements mailed to
21residential, business and wireless subscribers and publication
22of notice in the consumer information pages of a local telephone
23directory of general circulation. The notification shall specify
24the methods by which residential, business and wireless
25subscribers may place their names on the do-not-call list and
26how often renewal is necessary.

27(i) Contract.--If the Bureau of Consumer Protection has not
28entered into a contract with a list administrator within 90 days
29of the effective date of this section after a good faith effort
30to do so, the bureau may contract with any nonprofit

1organization to carry out the provisions of this section.

2(j) Identification.--No telemarketer shall fail to provide a
3residential, business or wireless telephone subscriber with the
4name of the caller, the name of the person or entity on whose
5behalf the call is being made and, upon request, a telephone
6number or address at which the person or entity may be
7contacted. If a telemarketer makes a solicitation using an
8artificial or prerecorded voice message transmitted by an
9autodialer or prerecorded message player which placed the
10telephone solicitation call, the telephone number may not be a
11900 number or any other number for which charges exceed local or
12long-distance transmission charges.

13(k) Investigation, enforcement and reporting.--

14(1) The Bureau of Consumer Protection in the Office of 
15Attorney General shall investigate any complaints received 
16concerning violations of this section. If, after 
17investigating any complaint, the Attorney General finds that 
18there has been a violation of this section, the Attorney 
19General may bring an action to impose a civil penalty and to 
20seek other relief, including injunctive relief, under the act 
21of December 17, 1968 (P.L.1224, No.387), known as the Unfair 
22Trade Practices and Consumer Protection Law.

23(2) The Attorney General shall remit 10% of any civil
24penalty collected under this section to the person filing the
25complaint leading to the civil penalty. In no event, however,
26shall the amount of this remittance exceed $100 for any
27person.

28(3) On or before November 30 of each year, the Attorney
29General shall submit to the General Assembly a report
30detailing investigations and enforcement actions taken under

1this section during the preceding Commonwealth fiscal year.
2The report shall include, but not be limited to, the number
3of complaints received under this section, the nature of
4those complaints, the number of investigations and
5enforcement actions instituted by the Attorney General, a
6summary of the results of those investigations and
7enforcement and the amount of any civil penalties collected.

8Section 3. This act shall take effect in 60 days.