Pennsylvania SB 992: 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.

Bill Text

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 wr