73 P.S. § 2245
§ 2245. Unlawful acts and penalties
(a)
ACTS ENUMERATED.-- The following acts are prohibited:
(1)
Conducting telemarketing after 9 p.m. or before 8 a.m.
(2)
Initiating an outbound telephone call 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.
(3)
Obtaining or submitting for payment a check, draft or other form of negotiable paper drawn on a
person's checking, savings, share or similar account without the person's express verifiable authorization.
Such authorization shall be deemed verifiable if any of the following means are employed:
(i)
Express written authorization by the customer, which may include the customer's signature on the
negotiable instrument.
(ii)
Express oral authorization which is tape recorded and made available upon request to the customer's
bank and customer and which evidences clearly both the customer's authorization of payment for the goods and
services that are the subject of the sales offer and the customer's receipt of all of the following
information:
(A)
The date of the draft or drafts.
(B)
The amount of the draft or drafts.
(D)
The number of draft payments, if more than one.
(E)
A telephone number for customer inquiry that is answered during normal business hours.
(F)
The date of the customer's oral authorization.
(G)
A statement that the transaction is one for which the customer may receive a full refund by
returning undamaged and unused consumer goods within ten days after receiving them or by sending a
cancellation of service notice to the telemarketer or telemarketing business within five days after the
transaction and that a refund shall be processed within 30 days after receiving the returned goods or
cancellation from the customer. The statement required by this clause need not be provided to the consumer
orally by telephone if it is provided in writing with advertising, promotional material or with delivery of
the goods or services. A seller who discloses in writing that a sale is made or provided "SATISFACTION
GUARANTEED," with "FREE INSPECTION" or "NO RISK GUARANTEE" with similar words or phrases shall be deemed to
meet the requirements of the review and return for refund policy set forth in this clause.
(iii)
Written confirmation of the transaction, sent to the customer prior to submission for payment of
the customer's check, draft or other form of negotiable paper, which includes:
(A)
all of the information contained in subparagraph (ii); and
(B)
the procedures by which the customer can obtain a cancellation of the transaction from the seller
or telemarketer in the event that confirmation is inaccurate.
(4)
Requesting or receiving payment of any fee or consideration from a person for goods or services
represented to recover or otherwise assist in the return of money or any other item of value paid for by or
promised to that person in a previous telemarketing transaction until seven business days after such money or
other item is delivered to that person. This provision shall not apply to goods or services provided to a
person by a licensed attorney.
(5)
Failing to disclose promptly to any consumer during the initial telephone contact the purpose of the
call, the name of the telemarketer or telemarketing business and 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 goods or services offered.
(7)
Failing to reduce any sale of goods or services made during a telemarketing call to a written contract
and obtaining the consumer's signature on the written contract, except as provided in subsection (d).
(8)
Failing to end a telemarketing solicitation call when the consumer indicates he wants to end the call.
(9)
Engaging in any deceptive or abusive telemarketing acts or practices in violation of 16 CFR 310
(relating to telemarketing sales rule).
(b)
RECORDKEEPING.-- Telemarketers who are required to make verifiable authorizations under subsection
(a)(3) shall keep such records for at least 24 months.
(a)(3) shall keep such records for at least 24 months.
(c)
CONTRACT PROVISIONS.-- A contract under subsection (a)(7) shall contain the following information:
(1)
The name, address and telephone number of the telemarketer or telemarketing business.
(2)
The total price of the consumer goods or services purchased.
(3)
A detailed description of the consumer goods and services purchased which shall match the oral
description given in the telemarketing solicitation.
(4)
Any oral or written representations made during the telemarketing solicitation.
(5)
A statement that reads "You are not obligated to pay any money unless you sign this contract and return
it to the seller."
(d)
EXCEPTION.-- A signed, written contract is not needed if any of the following apply:
(1)
The contractual sale is regulated under other laws of this Commonwealth.
(2)
The transaction was made as a result of prior negotiations by the consumer and telemarketer or
telemarketing business, where the consumer visited a merchant operating a retail business establishment in a
permanent location where consumer goods are displayed or offered for sale on a continuing basis.
(3)
All of the following apply:
(i)
The transaction is one for which the consumer may receive a full refund upon the return of undamaged
and unused consumer goods within ten days of receipt of the consumer goods or upon sending a cancellation of
consumer service notice to the telemarketer or telemarketing business within five days of the transaction.
(ii)
The return and refund policy is disclosed to the consumer orally by telephone or in writing with the
advertising, promotional material or with delivery of the goods or services. A seller who discloses in writing
that a sale is made or provided "SATISFACTION GUARANTEED," with "FREE INSPECTION" or "NO RISK GUARANTEE" or
with similar words or phrases shall be deemed to meet the requirements of the review and return policy set
forth in this subparagraph.
(iii)
The refund is processed within 30 days of receipt of the returned consumer goods or upon receipt of
the cancellation of the consumer.
(4)
The transaction is a result of the consumer examining an advertisement, sample, brochure or catalog of
the telemarketer or telemarketing business which contains the name, address and telephone number of the
telemarketer or telemarketing business, a description of the goods or services and any limitations or
restrictions that apply to the offer.
(5)
The transaction is a sale or solicitation made by or on behalf of a bona fide charitable organization
which is tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C.
§ 1).
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