Bill Text: PA HB247 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for definitions.

Spectrum: Moderate Partisan Bill (Republican 32-5)

Status: (Engrossed - Dead) 2011-06-29 - Referred to CONSUMER PROTECTION AND PROFESSIONAL LICENSURE [HB247 Detail]

Download: Pennsylvania-2011-HB247-Introduced.html

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PRINTER'S NO. 198
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 247 Session of2011
INTRODUCED BY GROVE, AUMENT, BOYD, CALTAGIRONE, CLYMER, D. COSTA, CUTLER, FLECK, GEIST, GINGRICH, HAHN, HARRIS, HENNESSEY, HESS, KAUFFMAN, M.K. KELLER, KNOWLES, KORTZ, MARSICO, MILLARD, MILLER, MILNE, MOUL, PICKETT, PYLE, ROAE, STEVENSON, SWANGER, TALLMAN, VULAKOVICH AND WAGNER, JANUARY 26, 2011
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 26, 2011
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 to
include text messages, for unlawful acts and penalties and
for unwanted telephone solicitation calls prohibited.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "telephone solicitation call"
in section 2 of the act of December 4, 1996 (P.L.911, No.147),
known as the Telemarketer Registration Act, amended September
12, 2003 (P.L.105, No.22), is amended and the section is amended
by adding definitions to read:
Section 2. Definitions.
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:
* * *
"Electronic wireless communications device." A handheld
electronic device that permits the user to send or receive
electronic communications. The term does not include a voice-
activated global positioning or navigation system affixed to a
vehicle.
* * *
"Telephone call." A call made in the form of an audible
communication or text message.
"Telephone solicitation call." A telephone call made to a
residential 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 or wireless telephone
consumer:
(1) In response to an express request of the residential
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.
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"Text message." A written communication consisting of words
typed or entered on a keypad of a telephone or electronic
wireless communication and sent electronically.
Section 2. Section 5(a)(2) of the act is amended and the
subsection is amended by adding a paragraph to read:
Section 5. Unlawful acts and penalties.
(a) Acts enumerated.--The following acts are prohibited:
* * *
(2) Initiating an outbound [telephone call] audible
communication to a person when that person previously has
stated that he or she does not wish to receive an outbound
telephone call made by or on behalf of the seller whose goods
or services are being offered. A seller or telemarketer will
not be liable for violating the provisions of this paragraph
if:
(i) he has established and implemented written
procedures to comply with this paragraph;
(ii) he has trained his personnel in the procedures;
(iii) the seller or the telemarketer acting on
behalf of the seller has maintained and recorded lists of
persons who may not be contacted; and
(iv) any subsequent call is the result of error.
(2.1) Initiating an outbound text message to a person
when that person previously has stated that he or she does
not wish to receive an outbound text message made by or on
behalf of the seller whose goods or services are being
offered. A seller or telemarketer will not be liable for
violating the provisions of this paragraph if:
(i) he has established and implemented written
procedures to comply with this paragraph;
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(ii) he has trained his personnel in the procedures;
(iii) the seller or the telemarketer acting on
behalf of the seller has maintained and recorded lists of
persons who may not be contacted; and
(iv) any subsequent text message is the result of
error.
* * *
Section 3. Section 5.2(c) of the act, amended September 12,
2003 (P.L.105, No.22), is amended to read:
Section 5.2. Unwanted telephone solicitation calls prohibited.
* * *
(c) Duration.--A listing on a do-not-call list shall be
maintained [for a minimum of five years from the date of the
enrollment or] until the telephone number is no longer valid for
the residential or wireless telephone subscriber[, whichever
occurs first] or until the subscriber requests to have his
telephone number removed from the list.
* * *
Section 4. This act shall take effect June 1, 2012, or
immediately, whichever is later.
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