An Act amending the act of December 4, 1996 (P.L.911, No.147), known as the Telemarketer Registration Act, further providing for definitions, for registration requirement, for unlawful acts and penalties, for blocking of caller identification and other telemarketing screening products or services prohibited, for unwanted telephone solicitation calls prohibited, for violations and for investigation.

HOUSE AMENDED
PRIOR PRINTER'S NOS. 1144, 1159, 1286 PRINTER'S NO. 1649
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 992
Session of
2025
INTRODUCED BY BROOKS, MARTIN, BROWN, TARTAGLIONE, HUTCHINSON,
HAYWOOD, COMITTA, BARTOLOTTA, FONTANA, LAUGHLIN, SANTARSIERO,
COSTA, KANE, MILLER AND PISCIOTTANO, SEPTEMBER 5, 2025
AS REPORTED FROM COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY
AND UTILITIES, HOUSE OF REPRESENTATIVES, AS AMENDED,
APRIL 28, 2026
AN ACT
Amending the act of December 4, 1996 (P.L.911, No.147), entitled
"An act providing for registration requirements for
telemarketers and for powers and duties of the Office of
Attorney General," further providing for definitions, for
registration requirement, for unlawful acts and penalties,
for blocking of caller identification and other telemarketing
screening products or services prohibited, for unwanted
telephone solicitation calls prohibited, for violations and
for investigation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "consumer goods and services,"
"do-not-call list, "list administrator," "robocall,"
"telemarketer," "telemarketing," "telemarketing business" and
"telephone solicitation call" in section 2 of the act of
December 4, 1996 (P.L.911, No.147), known as the Telemarketer
Registration Act, are amended and the section is amended by
adding definitions to read:
Section 2. Definitions.
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The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Consumer goods and services." Real or personal property or
services used for personal, family or household purposes,
including the rental of, or the investment in, property, goods
or services.
"Do-not-call list." A list of residential, business or
wireless telephone subscribers who have notified the list
administrator of their desire not to receive telephone
[solicitation calls] solicitations.
* * *
"List administrator." A nonprofit organization, as
designated by contract entered into by the Director of the
Bureau of Consumer Protection in the Office of Attorney General,
that accepts individual names, addresses and telephone numbers
of persons who do not wish to receive telephone [solicitation
calls] solicitations and that has been in existence for ten or
more years. In the event that the Federal Trade Commission
and/or Federal Communications Commission establish a unified
national No Call Registry for the purpose of providing consumers
with protection from receiving unwanted telephone [solicitation
calls] solicitations similar to the protection provided in this
act, then the Director of the Bureau of Consumer Protection in
the Office of Attorney General may enter into an agreement to
utilize the services of the administrator of any such national
No Call Registry in lieu of using any nonprofit organization.
* * *
"Prior express written consent." A written agreement
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executed between a called party and a seller that authorizes the
seller to initiate or cause to be initiated a telephone
solicitation to the called party, including a robocall or text
message. For purposes of this definition, the agreement shall
meet all of the following criteria:
(1) Identifies the telephone number to which the called
party authorizes the calls or messages.
(2) Contains a clear and conspicuous disclosure that, by
executing the agreement, the called party consents to receive
telephone solicitations from the seller, including a robocall
or text message.
(3) S tates that the consent is not a condition of
purchasing property or consumer goods or services.
(4) Is signed by the called party, which may include an
electronic or digital signature consistent with the
requirements under 15 U.S.C. Ch. 96 (relating to electronic
signatures in global and national commerce).
* * *
"Robocall." A telephone solicitation [call made to a large
number of people, using a computerized autodialer, to deliver a
prerecorded telemarketing message.] that uses an automated
dialing system to deliver prerecorded or artificial voice calls
or messages.
"Telemarketer." Any person or business which, in connection
with telemarketing, initiates or receives telephone calls [to or
from a consumer] or messages to or from a residential, business
or wireless telephone subscriber in this Commonwealth, or when
the person or business acting in connection with telemarketing
is located within this Commonwealth when such calls or messages
are initiated or received. [For purposes of registration under
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section 3(a), "telemarketer" does not include any of the
following:
(1) A person or business soliciting sales through a
catalog which:
(i) Contains a written description or illustration
and price of each of the goods or services offered for
sale.
(ii) Includes the business address of the seller.
(iii) Includes at least 24 pages of written material
or illustration.
(iv) Is distributed in more than one state.
(v) Has been issued not less frequently than once a
year.
(vi) Has an annual circulation of not less than
250,000 consumers.
(2) A person or business soliciting without the intent
to complete and who does not complete the sales presentation
during the telephone solicitation, but completes the sales
presentation at a later face-to-face meeting between the
solicitor and the prospective purchaser, or who offers to
send the purchaser descriptive literature and does not
require payment prior to the purchaser's review of the
descriptive literature. However, if a seller, directly
following a telephone solicitation, causes an individual
whose primary purpose it is to go to the prospective
purchaser to collect the payment, this exemption does not
apply.
(3) A book, video or record club or contractual plan or
agreement:
(i) under which the seller provides the consumer
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with a form which the consumer may use to instruct the
seller not to ship the offered merchandise;
(ii) which is regulated by the Federal Trade
Commission trade regulation concerning "use of negative
option plans by sellers in commerce"; or
(iii) which provides for the sale of books, records
or videos which are not covered under subparagraph (i) or
(ii), including continuity plans, subscription
arrangements, standing order arrangements, supplements
and series arrangements under which the seller
periodically ships merchandise to a consumer who has
consented in advance to receive such merchandise on a
periodic basis.
(4) A person or business conducting a business-to-
business sale where the selling business has been operating
continuously for at least three years under the same business
name and has at least 50% of its dollar volume consisting of
a repeat sales to existing businesses.
(5) A person or business engaged in a business or
occupation which is licensed by, certificated by or
registered with a Federal or Commonwealth agency while acting
within the scope of the business for which licensure,
certification or registration is required.
(6) Any of the following organizations unless a
professional fundraising counsel or a professional solicitor,
who is neither registered nor exempt from registration under
this act, is utilized:
(i) Educational institutions, the curricula of which
in whole or in part are registered with or approved by
the Department of Education, either directly or by
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acceptance of accreditation by an accrediting body
recognized by the Department of Education, and any
auxiliary associations, foundations and support groups
which are directly responsible to educational
institutions.
(ii) Hospitals which are subject to regulation by
the Department of Health or the Department of Public
Welfare and the hospital foundation, if any, which is an
integral part thereof.
(iii) Public nonprofit library organizations which
receive financial aid from State and municipal
governments and file an annual fiscal report with the
State Library System.
(iv) Senior citizen centers and nursing homes which
are nonprofit and charitable and which have been granted
tax-exempt status under the Internal Revenue Code of 1986
(Public Law 99-514, 26 U.S.C. § 1 et seq.).
(v) Bona fide parent/teacher associations or
parent/teacher organizations as recognized in a notarized
letter from the school district in which they are
located.
(vi) Any corporation established by an act of
Congress of the United States that is required by Federal
law to submit annual reports of its activities to
Congress containing itemized accounts of all receipts and
expenditures after being fully audited by the Department
of Defense.
(vii) Any charitable organization which receives
contributions of $25,000 or less annually.
(7) A person or business soliciting business from
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prospective purchasers who have previously purchased from the
business enterprise for which the person is calling where the
business enterprise has been operating continuously for at
least three years under the same business name.
(8) A person or business primarily soliciting the sale
of a newspaper, magazine or other periodical of general
circulation where the business which publishes the newspaper,
magazine or other periodical of general circulation has been
operating continuously for at least two years under the same
business name; the person soliciting is an employee of the
publisher or an employee of an agent of the publisher and the
person soliciting discloses the following during the initial
contact: the total costs to purchase, receive or use and the
quantity of the newspapers, magazines or other periodicals of
general circulation that are the subject of the sales offer.
For the purposes of this paragraph, the term "agent" means a
person or business which has entered into a written agreement
directly with the publisher.
(9) A person or business, or an agent of such person or
business, which has been operating for at least two years a
retail business establishment in this Commonwealth under the
same name as that used in connection with telemarketing and
both of the following occur on a continuing basis:
(i) Either products are displayed and offered for
sale or services are offered for sale and provided at the
business establishment.
(ii) A majority of the seller's business involves
buyers obtaining such products or services at the
seller's location. For the purposes of this paragraph,
the term "agent" means a person or business which has
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entered into a written agreement directly with the retail
business establishment.
(10) Any person or business which has been providing
telemarketing services continuously for at least five years
under the same ownership and control and who derives 75% of
its gross telemarketing sales revenues from contracts with
persons or businesses exempted in this section.
(11) A person or business soliciting the sale of food or
produce if the solicitation is not intended to result and
does not result in a sale which costs the purchaser in excess
of $500 where the person or business selling the food or
produce has been operating continuously for at least two
years under the same business name.
(12) An issuer or subsidiary of an issuer that has a
class of securities which is subject to section 12 of the
Securities Exchange Act of 1934 (48 Stat. 881, 15 U.S.C. §
78l) and which is either registered or exempt from
registration under paragraph A, B, C, E, F, G or H of
subsection (g)(2) of that section.]
"Telemarketing." A plan, program or campaign which is
conducted to induce the purchase of consumer goods or services
or to solicit contributions for any charitable purpose,
charitable promotion or for or on behalf of any charitable
organization by use of one or more telephones and which involves
more than one telephone solicitation call or message. TELEPHONE
[CALL.] SOLICITATION. For purposes of this act, the terms
"charitable purpose," "charitable promotion," "charitable
organization," "professional fundraising counsel," "professional
solicitor" and "solicitation" have the meanings as defined in
the act of December 19, 1990 (P.L.1200, No.202), known as the
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Solicitation of Funds for Charitable Purposes Act.
"Telemarketing business." [A business entity that is or has
engaged in the business of telephone solicitations and employs
at least one telemarketer.] A person or business that is or has
engaged in the business of telemarketing.
["Telephone solicitation call." A call made to a
residential, business or wireless telephone subscriber for the
purpose of soliciting the sale of any consumer goods or services
or for the purpose of obtaining information that will or may be
used for the direct solicitation of a sale of consumer goods or
services or an extension of credit for that purpose. The term
does not include a call made to a residential, business or
wireless telephone consumer:
(1) In response to an express request of the
residential, business or wireless telephone consumer.
(2) In reference to an existing debt, contract, payment
or performance.
(3) With whom the telemarketer has an established
business relationship within the past 12 months preceding the
call.
(4) On behalf of an organization granted tax-exempt
status under section 501(c)(3), (5) or (8) of the Internal
Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et
seq.) or a veterans organization chartered by the Congress of
the United States and or its duly appointed foundation.
(5) On behalf of a political candidate or a political
party.]
"Telephone solicitation." A telephone call, voicemail,
ringless voicemail or text message made to a residential,
business or wireless telephone subscriber for the purpose of
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soliciting the sale of consumer goods or services, or for the
purpose of obtaining information that will or may be used for
the direct solicitation of the sale of consumer goods or
services or an extension of credit for that purpose. The term
does not include a call or message made to a residential,
business or wireless telephone subscriber:
(1) In response to the prior express written consent of
the subscriber.
(2) In reference to an existing debt, contract, payment
or performance.
(3) With whom the seller or telemarketer has an
established business relationship within the past 12 months
preceding the call.
(4) On behalf of an organization granted tax-exempt
status under 26 U.S.C. § 501(c)(3), (5) or (8) (relating to
exemption from tax on corporations, certain trusts, etc.) or
a veterans organization chartered by the Congress of the
United States and its duly appointed foundation.
(5) On behalf of a political candidate or a political
party.
Section 2. Section 3(a) and (b) of the act are amended and
the section is amended by adding a subsection to read:
Section 3. Registration requirement.
(a) [General rule] Requirement.--In addition to any other
requirements imposed by law, a telemarketer or the telemarketing
business which employs the telemarketer [is] shall be required
to register with the Office of Attorney General at least 30 days
prior to offering for sale consumer goods or services through
any medium. This section [will] shall not apply[, however, to
persons or businesses] to a person or business licensed by or
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registered with a Federal or Commonwealth agency or to a person
or business specified under subsection (b.1). Notwithstanding
any other provision of this act, any business which provides
telemarketing services to other entities and has been under the
same ownership and control for less than five years shall
register under this section.
(b) Unlawful conduct.--It shall be unlawful for [any] a
telemarketer to initiate a telephone call [to or receive a
telephone call from a consumer in connection with the purchase
of consumer goods] or message to, or to receive a telephone call
or message from, a residential, business or wireless telephone
subscriber in this Commonwealth in connection with the purchase
of consumer goods or services unless the telemarketer or the
telemarketing business which employs the telemarketer is
registered with the Office of Attorney General.
(b.1) Exemptions from registration.--The following shall not
be required to register under this section:
(1) A person or business soliciting sales through a
catalog that meets all of the following criteria:
(i) Contains a written description or illustration
and the price of each good or service offered for sale.
(ii) Includes the business address of the seller.
(iii) Includes at least 24 pages of written material
or illustrations.
(iv) Is distributed in more than one state.
(v) Is issued at least once a year.
(vi) Has an annual circulation of not less than
250,000 consumers.
(2) A person or business soliciting without the intent
to complete, and that does not complete, the sales
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presentation during the telephone solicitation, but completes
the sales presentation at a later face-to-face meeting with
the prospective purchaser, or offers to send descriptive
literature and does not require payment before the purchaser
reviews the literature. This paragraph shall not apply if,
directly after a telephone solicitation, the seller causes an
individual whose primary purpose is to collect payment to go
to the purchaser for that purpose.
(3) A book, video or record club or contractual plan or
agreement:
(i) under which the seller provides the purchaser
with a form the purchaser may use to instruct the seller
not to ship the offered merchandise;
(ii) that is regulated under the Federal Trade
Commission's trade regulation rule concerning the use of
negative option plans by sellers in commerce under 16 CFR
Pt. 425 (relating to rule concerning recurring
subscriptions and other negative option programs); or
(iii) that provides for the sale of books, records
or videos not covered under subparagraph (i) or (ii),
including continuity plans, subscription arrangements,
standing order arrangements, supplements and series
arrangements under which the seller periodically ships
merchandise to a purchaser who has consented in advance
to receive the merchandise on a periodic basis.
(4) A person or business conducting a
business-to-business sale if the selling business has
operated continuously for at least three years under the same
business name and at least 50% of its dollar volume consists
of repeat sales to existing businesses.
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(5) A person or business engaged in a business or
occupation licensed by, certificated by or registered with a
Federal or Commonwealth agency while acting within the scope
of the business for which licensure, certification or
registration is required.
(6) Any of the following organizations unless a
professional fundraising counsel or professional solicitor
who is neither registered nor exempt from registration under
this act is used:
(i) An educational institution, the curriculum of
which, in whole or in part, is registered with or
approved by the Department of Education, either directly
or by acceptance of accreditation by an accrediting body
recognized by the Department of Education, and any
auxiliary association, foundation or support group
directly responsible to the educational institution.
(ii) A hospital subject to regulation by the
Department of Health or the Department of Human Services
and the hospital foundation, if any, that is an integral
part of the hospital.
(iii) A public nonprofit library organization that
receives financial aid from the Commonwealth or a
municipal government and files an annual fiscal report
with the State Library System.
(iv) A senior citizen center or nursing home that is
nonprofit and charitable and has been granted tax-exempt
status under 26 U.S.C. § 501(c)(3), (5) or (8) (relating
to exemption from tax on corporations, certain trusts,
etc.).
(v) A bona fide parent-teacher association or
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parent-teacher organization recognized by the school
district in which it is located in a notarized letter.
(vi) A corporation established by an act of Congress
that is required by Federal law to submit annual reports
of its activities to the Congress of the United States,
including itemized accounts of all receipts and
expenditures, after being fully audited by the Department
of Defense.
(vii) A charitable organization receiving $25,000 or
less in contributions annually.
(7) A person or business soliciting from prospective
purchasers who have previously purchased from the business
enterprise on whose behalf the person is calling, if the
business enterprise has operated continuously for at least
three years under the same business name.
(8) A person or business primarily soliciting the sale
of a newspaper, magazine or other periodical of general
circulation if the publishing business has operated
continuously for at least two years under the same business
name, the solicitor is an employee of the publisher or of an
agent of the publisher and the solicitor discloses during the
initial contact the total cost to purchase, receive or use
and the quantity of the newspapers, magazines or other
periodicals that are the subject of the sales offer. As used
in this paragraph, the term "agent" means a person or
business that has entered into a written agreement directly
with the publisher.
(9) A person or business, or an agent of the person or
business, that has operated a retail business establishment
in this Commonwealth for at least two years under the same
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name used in connection with telemarketing if:
(i) products are displayed and offered for sale or
services are offered for sale and provided at the
business establishment; and
(ii) a majority of the seller's business involves
buyers obtaining products or services at the seller's
location. As used in this paragraph, the term "agent"
means a person or business that has entered into a
written agreement directly with the retail business
establishment.
(10) A person or business providing telemarketing
services continuously for at least five years under the same
ownership and control and deriving 75% of its gross
telemarketing sales revenue from contracts with persons or
businesses exempt under this section.
(11) A person or business soliciting the sale of food or
produce if the solicitation is not intended to result and
does not result in a sale costing the purchaser more than
$500, and the person or business has operated continuously
for at least two years under the same business name.
(12) An issuer or subsidiary of an issuer that has a
class of securities subject to 15 U.S.C. § 78l (relating to
registration requirements for securities) and is registered
or exempt from registration under 15 U.S.C. § 78l(g)(2)(A),
(B), (C), (E), (F), (G) or (H).
(13) A PERSON OR BUSINESS THAT IS NOT ENGAGED IN
TELEMARKETING BECAUSE THE CALLS OR MESSAGES INITIATED BY THE
PERSON OR BUSINESS DO NOT MEET THE REQUIREMENTS OF TELEPHONE
SOLICITATION.
* * *
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Section 3. Section 5(a)(1), (2), (5), (6), (7), (8), (9) and
(10) and (c)(1), (2), (3) and (4) of the act are amended and
subsection (a) is amended by adding paragraphs to read:
Section 5. Unlawful acts and penalties.
(a) Acts enumerated.--The following acts are prohibited:
(1) [Conducting telemarketing [after 9 p.m. or before 8
a.m.] or otherwise initiating INITIATING or causing to be
initiated a telephone solicitation on a Sunday or after 7
p.m. or before 9 a.m.
(2) Initiating [an outbound telephone call, including a
robocall, to a person when the person previously has stated
that the person does not wish to receive an outbound
telephone call made by or on behalf of the seller whose goods
or services are being offered.] or causing to be initiated an
outbound telephone solicitation, including a robocall, to a
residential, business or wireless subscriber when the
subscriber previously has stated that the subscriber does not
wish to receive a telephone solicitation made by or on behalf
of the seller or telemarketer. FOR TELEPHONE SOLICITATION
TEXT MESSAGES, THE PERSON MAY STATE THE INTENT TO STOP
RECEIVING TELEPHONE SOLICITATION TEXT MESSAGES BY RESPONDING
"STOP," "QUIT," "END," "REVOKE," "OPT OUT," "CANCEL" OR
"UNSUBSCRIBE" IN REPLY TO AN INCOMING TEXT. A seller or
telemarketer [will] shall not be liable for violating the
provisions of this paragraph if:
(i) [he] the seller or telemarketer has established
and implemented written procedures to comply with this
paragraph;
(ii) [he] the seller or telemarketer has trained his
personnel in the procedures;
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(iii) the seller [or the telemarketer acting on
behalf of the seller] or telemarketer has maintained and
recorded lists of persons who may not be contacted; and
(iv) any subsequent call is the result of error.
* * *
(5) Failing to disclose promptly to any [consumer]
residential, business or wireless telephone subscriber during
the initial telephone contact the purpose of the call, the
name of the telemarketer or telemarketing business and, if
applicable, what the telemarketer or telemarketing business
is selling.
(6) In the case of prize promotions, failing to provide
the odds of winning, advising that no purchase or payment is
necessary to win and identifying restrictions or conditions
on obtaining a prize. In any prize promotion, if the odds are
not calculable in advance, the factors used in calculating
the odds must be disclosed. The no-purchase/no-payment method
of participating in the prize promotion with either
instructions on how to participate or an address or local or
toll-free telephone number to which customers may write or
call for information on how to participate shall be provided.
All material costs or conditions to receive or redeem a prize
that is the subject of the prize promotion must also be
provided. Disclosure under this paragraph must be made prior
to the customer's payment for the consumer goods or services
offered.
(7) Failing to reduce any sale of consumer goods or
services made during a [telemarketing call] telephone
solicitation to a written contract and obtaining the
consumer's signature on the written contract, except as
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provided in subsection (d).
(8) Failing to end a [telemarketing solicitation call
when the consumer indicates he wants to end the call.]
telephone solicitation when a called party indicates the
called party wants to end the call or message.
(9) Engaging in any deceptive or abusive telemarketing
acts or practices in violation of 16 CFR 310 (relating to
telemarketing sales rule)[.], 47 U.S.C. § 227(e) (relating to
restrictions on use of telephone equipment) or any regulation
of the Federal Communications Commission relating to caller
identification requirements.
(10) [Making a telephone solicitation call] Initiating
or causing to be initiated a telephone solicitation or
message on a legal holiday.
(11) Initiating or causing to be initiated a robocall to
any residential, business or wireless telephone line without
the prior express written consent of a called party, unless
the call is initiated for emergency purposes or is otherwise
exempt under this act.
(12) Using or causing to be used any unfair or deceptive
act or practice in an effort to obtain a residential,
business or wireless subscriber's consent to receive
telephone solicitations or messages .
(13) Using or causing to be used any technology or any
synthetic or computer-generated messaging to defraud, deceive
or mislead a residential, business or wireless subscriber.
* * *
(c) Contract provisions.--A contract under subsection (a)(7)
shall contain the following information:
(1) The name, address and telephone number of the seller
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and the telemarketer or telemarketing business.
(2) The total price of the consumer goods or services
purchased or rented.
(3) A detailed description of the consumer goods and
services purchased or rented which shall match the oral
description given in the [telemarketing] telephone
solicitation.
(4) Any oral or written representations made during the
[telemarketing] telephone solicitation.
* * *
Section 4. Sections 5.1, 5.2 heading, (a), (b), (e)(1) and
(2), (g), (h) and (l)(1)(i), (ii) and (iii) and (2), 6(b) and
(c) and 9(c) of the act are amended to read:
Section 5.1. Blocking of caller identification and other
telemarketing screening products or services
prohibited.
No telemarketer shall take any action with the primary
intent:
(1) to prevent the transmission of a telemarketer's name
or telephone number or to falsely identify the telemarketer's
name or telephone number to any recipient of a telephone
solicitation [call when the equipment or service used by the
telemarketer is capable of creating and transmitting the
telemarketer's name or telephone number]; or
(2) to circumvent, bypass or disable any product or
service used by the residential, wireless or business
telephone subscriber to screen telephone calls or messages.
Section 5.2. Unwanted telephone [solicitation calls]
solicitations prohibited.
(a) [General rule] Prohibition.--No telemarketer shall
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initiate or cause to be initiated a telephone solicitation
[call] to a telephone number of a residential, wireless or
business telephone subscriber who does not wish to receive
telephone [solicitation calls] solicitations and has caused
[his] the subscriber's name, address and telephone number to be
enrolled on a do-not-call list maintained by the list
administrator. This prohibition shall be effective 30 days after
a quarterly do-not-call list is issued by the list administrator
which first contains a residential, wireless or business
telephone subscriber's name, address and residential, wireless
or business telephone number. In the event that the Federal
Trade Commission and/or the Federal Communications Commission
establish a national No Call Registry, the Director of the
Bureau of Consumer Protection in the Office of Attorney General
is authorized to release to the list administrator of such
national No Call Registry sufficient data to include all those
residential, wireless and business telephone subscribers
currently enrolled on the do-not-call list and any residential,
wireless or business telephone subscribers who subsequently
enroll with the Bureau of Consumer Protection in the Office of
Attorney General. Prior to releasing any such data to a national
No Call Registry, the Bureau of Consumer Protection in the
Office of Attorney General shall provide those residential,
wireless and business telephone subscribers currently enrolled
with the opportunity to remove their information from the do-
not-call list.
(b) Listings.--Telemarketers making telephone [solicitation
calls] solicitations shall quarterly obtain listings of
residential, business and wireless telephone subscribers in this
Commonwealth who have arranged to have their names, addresses
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and telephone numbers enrolled on the list administrator's do-
not-call list or shall utilize a service provider who has
quarterly obtained and will use such listings.
* * *
(e) Affirmative defense.--A telemarketer is not in violation
of this section if all of the following are satisfied:
(1) [He] The telemarketer has established and
implemented written procedures to comply with this section.
(2) [He] The telemarketer has trained [his] the
telemarketer's personnel in the procedures.
* * *
(g) Restrictions on use of do-not-call list.--No person or
business, telemarketer or otherwise shall use a list
administrator's do-not-call list for any purpose other than to
remove residential, business or wireless telephone subscribers
from telephone [sales call] solicitation lists.
(h) Disclosure to residential, business or wireless
telephone subscribers.--Each local exchange telephone company,
competitive local exchange telephone company, long-distance
interexchange carrier company, Internet service provider that
provides telephone service and affiliated companies providing
telecommunications billing service shall clearly notify its
residential, business or wireless telephone subscribers in this
Commonwealth of their ability to contact the list administrator
which accepts individual names, addresses and telephone numbers
of persons who do not wish to receive telephone [solicitation
calls] solicitations. The method of notification shall include,
but not be limited to, placing the notice in billing statements
mailed to residential, business and wireless subscribers and
publication of notice in the consumer information pages of a
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local telephone directory of general circulation. The
notification shall specify the methods by which residential,
business and wireless subscribers may place their names on the
do-not-call list and how often renewal is necessary.
* * *
(l) Robocall requirements.--
(1) A telemarketer or telemarketing business that uses
robocalls:
(i) Shall establish a procedure, consistent with the
requirements under subparagraph (ii), for a called
[person] party to opt out of receiving future telephone
[solicitation calls] solicitations from that telemarketer
or telemarketing business and be immediately taken off
the telemarketer's call list.
(ii) Shall provide notice to a called number, at the
beginning of the call, stating how a called [person]
party can opt out of receiving future telephone
[solicitation calls] solicitations from that telemarketer
or telemarketing business. Immediate opt out shall be
available through an automated, interactive voice-
activated or key-press-activated opt-out mechanism for
the called [person] party to make a do-not-call request,
including brief explanatory instructions on how to use
the opt-out mechanism, within two seconds of disclosing
the name of the caller and the name of the person or
entity on whose behalf the call is being made. The called
[person] party shall be able to opt out throughout the
duration of the call.
(iii) May not require a called [person's] party's
written consent as a condition to opt out of future
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telemarketing calls.
* * *
(2) When a robocall is left on an answering machine or a
voicemail service, the message must provide a toll-free
telephone number that enables the called [person] party to
call back at a later time and connect directly to the
automated, interactive voice-activated or key-press-activated
opt-out mechanism and automatically record the called
[person's] party's number to the do-not-call list of the
telemarketer or telemarketing business.
Section 6. Violations.
* * *
[(b) Second or subsequent offense.--Upon a second or
subsequent violation of this act, the Office of Attorney General
may seek revocation of registration or the right to conduct
telemarketing in this Commonwealth.
(c) Procedure.--All actions of the Office of Attorney
General under this act shall be taken subject to the right of
notice, hearing and adjudication and the right of appeal
therefrom in accordance with 2 Pa.C.S. (relating to
administrative law and procedure).]
Section 9. Investigation.
* * *
(c) Confidentiality.--Any testimony taken or material
produced shall be kept confidential by the Attorney General
except to the extent [he] the Attorney General may use
information in a judicial proceeding or if the disclosure is
authorized by the court for good cause shown or confidentiality
is waived by the person being investigated and by the person who
has testified, answered interrogatories or produced materials.
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Section 5. This act shall take effect in 90 days.
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