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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SOLOBAY, CALTAGIRONE, COHEN, CREIGHTON, DONATUCCI, GIBBONS, GOODMAN, GROVE, GRUCELA, HARKINS, MAHONEY, McILVAINE SMITH, M. O'BRIEN, O'NEILL, SIPTROTH, SONNEY, SWANGER, WANSACZ AND WHITE, JANUARY 30, 2009 |
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| REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 30, 2009 |
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| AN ACT |
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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 defining "telephone solicitation |
5 | call." |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. The definition of "telephone solicitation call" |
9 | in section 2 of the act of December 4, 1996 (P.L.911, No.147), |
10 | known as the Telemarketer Registration Act, amended September |
11 | 12, 2003 (P.L.105, No.22), is amended to read: |
12 | Section 2. Definitions. |
13 | The following words and phrases when used in this act shall |
14 | have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | * * * |
17 | "Telephone solicitation call." A call made to a residential |
18 | or wireless telephone subscriber for the purpose of soliciting |
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1 | the sale of any consumer goods or services or for the purpose of |
2 | obtaining information that will or may be used for the direct |
3 | solicitation of a sale of consumer goods or services or an |
4 | extension of credit for that purpose. The term does not include |
5 | a call made to a residential or wireless telephone consumer: |
6 | (1) In response to an express request of the residential |
7 | or wireless telephone consumer. |
8 | (2) In reference to an existing debt, contract, payment |
9 | or performance. |
10 | (3) With whom the telemarketer has an established |
11 | business relationship within the past 12 months preceding the |
12 | call. |
13 | (4) On behalf of an organization granted tax-exempt |
14 | status under section 501(c)(3), (5) or (8) of the Internal |
15 | Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et |
16 | seq.) or a veterans organization chartered by the Congress of |
17 | the United States and or its duly appointed foundation[.] |
18 | unless such organization has contracted with or otherwise |
19 | engaged a for-profit entity to make calls to residential or |
20 | wireless telephone subscribers for a purpose described in |
21 | this definition. |
22 | (5) On behalf of a political candidate or a political |
23 | party. |
24 | Section 2. This act shall take effect in 60 days. |
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