73 P.S. § 2245.2
§ 2245.2. Unwanted telephone solicitation calls prohibited
(a)
GENERAL RULE.-- No telemarketer shall initiate or cause to be initiated a telephone solicitation call
to a residential telephone number of a residential telephone subscriber who does not wish to receive telephone
solicitation calls and has caused his 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 telephone subscriber's
name, address and residential 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 telephone subscribers
currently enrolled on the Do-Not-Call List and any residential 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 telephone subscribers currently enrolled with the opportunity to remove their information
from the do-not-call list.
(b)
LISTINGS.-- Telemarketers making telephone solicitation calls shall quarterly obtain listings of
residential or wireless telephone subscribers in this Commonwealth who have arranged to have their names,
addresses 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.
(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date of the enrollment or until the telephone number is no longer valid for the residential or wireless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.
(d)
FEE LIMITATION.-- No list administrator may impose a fee for copies of a do-not-call list which exceeds
the costs incurred by the list administrator in the production, preparation and distribution of that list or
at a fee authorized by 16 CFR 310.8 (relating to severability).
(e)
AFFIRMATIVE DEFENSE.-- A telemarketer is not in violation of this section if all of the following are
satisfied:
(1)
He has established and implemented written procedures to comply with this section.
(2)
He has trained his personnel in the procedures.
(3)
The telemarketer acting on behalf of the seller has maintained and recorded lists of residential or
wireless telephone subscribers who may not be contacted.
(4)
Any subsequent call is the result of error.
(f)
ATTORNEY GENERAL.-- The list administrator shall provide the Office of Attorney General with a copy of
each quarterly do-not-call list.
(g)
RESTRICTIONS ON USE OF DO-NOT-CALL LIST.-- No telemarketer shall use a list administrator's do-not-call
list for any purpose other than to remove residential or wireless telephone subscribers from telephone sales
call lists.
(h)
DISCLOSURE TO RESIDENTIAL 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 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. The method of notification shall include, but not be
limited to, placing the notice in billing statements mailed to residential and wireless subscribers and
publication of notice in the consumer information pages of a local telephone directory of general circulation.
The notification shall specify the methods by which residential and wireless subscribers may place their names
on the do-not- call list and how often renewal is necessary.
(i)
CONTRACT.-- If the Bureau of Consumer Protection has not entered into a contract with a list
administrator within 90 days of the effective date of this section after a good faith effort to do so, the
bureau may contract with any nonprofit organization to carry out the provisions of this section.
(j)
IDENTIFICATION.-- No telemarketer shall fail to provide a residential or wireless telephone subscriber
with the name of the caller, the name of the person or entity on whose behalf the call is being made and, upon
request, a telephone number or address at which the person or entity may be contacted. If a telemarketer makes
a solicitation using an artificial or prerecorded voice message transmitted by an autodialer or prerecorded
message player which placed the telephone solicitation call, the telephone number may not be a 900 number or
any other number for which charges exceed local or long-distance transmission charges.
(k)
INVESTIGATION, ENFORCEMENT AND REPORTING.--
(1)
The Bureau of Consumer Protection in the Office of Attorney General shall investigate any complaints
received concerning violations of this section. If, after investigating any complaint, the Attorney General
finds that there has been a violation of this section, the Attorney General may bring an action to impose a
civil penalty and to seek other relief, including injunctive relief, under the act of December 17, 1968 (P.L.
1224, No. 387), known as the Unfair Trade Practices and Consumer Protection Law.
(2)
The Attorney General shall remit 10% of any civil penalty collected under this section to the person
filing the complaint leading to the civil penalty. In no event, however, shall the amount of this remittance
exceed $ 100 for any person.
(3)
On or before November 30 of each year, the Attorney General shall submit to the General Assembly a
report detailing investigations and enforcement actions taken under this section during the preceding
Commonwealth fiscal year. The report shall include, but not be limited to, the number of complaints received
under this section, the nature of those complaints, the number of investigations and enforcement actions
instituted by the Attorney General, a summary of the results of those investigations and enforcement and the
amount of any civil penalties collected.
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