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.

PRIOR PRINTER'S NO.

1144 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1159992 THE2025 GENERALINTRODUCED ASSEMBLYBY OFBROOKS, PENNSYLVANIAMARTIN, SENATEBROWN, BILLTARTAGLIONE, SessionHUTCHINSON, COSTA, KANE AND MILLER, SEPTEMBER 5, 2025UGHLIN, SANTARSIERO, REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, SEPTEMBER 5, 2025 AN ACT Amending the act of No.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 for investigation.tion calls prohibited, for violations and The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

992 2025 INTRODUCED BY BROOKS, MARTIN, BROWN, TARTAGLIONE, HUTCHINSON, COSTA, KANE AND MILLER, SEPTEMBER 5, 2025UGHLIN, SANTARSIERO, SENATOR STEFANO, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS AMENDED, SEPTEMBER 10, 2025 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 for investigation.tion calls prohibited, for violations and The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

* * * "Prior express written consent." A written agreement executed between a called party and a specific and individual 20250SB0992PN115920250SB0992PN1144 - 2 - 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 registration under 20250SB0992PN115920250SB0992PN1144 - 3 - section 3(a), "telemarketer" does not include any of the following:

(i) under which the seller provides the consumer 20250SB0992PN115920250SB0992PN1144 - 4 - with a form which the consumer may use to instruct the seller not to ship the offered merchandise;

(i) Educational institutions, the curricula of which in whole or in part are registered with or approved by the Department of Education, either directly or by 20250SB0992PN115920250SB0992PN1144 - 5 - acceptance of accreditation by an accrediting body recognized by the Department of Education, and any auxiliary associations, foundations and support groups which are directly responsible to educational institutions.

(7) A person or business soliciting business from 20250SB0992PN115920250SB0992PN1144 - 6 - prospective purchasers who have previously purchased from the business enterprise for which the person is calling where the business enterprise has been operating continuously for at least three years under the same business name.

For the purposes of this paragraph, the term "agent" means a person or business which has 20250SB0992PN115920250SB0992PN1144 - 7 - entered into a written agreement directly with the retail business establishment.

For purposes of this act, the terms "charitable purpose," "charitable promotion," "charitable organization," "professional fundraising counsel," "professional solicitor" and "solicitation" have the meanings as defined in the act of December 19, 1990 (P.L.1200, No.202), known as the Solicitation 20250SB0992PN115920250SB0992PN1144 - 8 - of Funds for Charitable Purposes Act.

(5) On behalf of a political candidate or a political party.] "Telephone solicitation." A telephone call, voicemail, ringless voicemail or text message made to a residential, business or wireless telephone subscriber for the purpose of 20250SB0992PN115920250SB0992PN1144 - 9 - soliciting the sale of consumer goods or services, or for the purpose of obtaining information that will or may be used for the direct solicitation of the sale of consumer goods or services or an extension of credit for that purpose.

This section [will] shall not apply[, however, to persons or businesses] to a person or business licensed by or 20250SB0992PN115920250SB0992PN1144 - 10 - registered with a Federal or Commonwealth agency or to a person or business specified under subsection (b.1).

(2) A person or business soliciting without the intent to complete, and that does not complete, the sales 20250SB0992PN115920250SB0992PN1144 - 11 - presentation during the telephone solicitation, but completes the sales presentation at a later face-to-face meeting with the prospective purchaser, or offers to send descriptive literature and does not require payment before the purchaser reviews the literature.

20250SB0992PN115920250SB0992PN1144 - 12 - (5) A person or business engaged in a business or occupation licensed by, certificated by or registered with a Federal or Commonwealth agency while acting within the scope of the business for which licensure, certification or registration is required.

(v) A bona fide parent-teacher association or 20250SB0992PN115920250SB0992PN1144 - 13 - parent-teacher organization recognized by the school district in which it is located in a notarized letter.

(9) A person or business, or an agent of the person or business, that has operated a retail business establishment in this Commonwealth for at least two years under the same 20250SB0992PN115920250SB0992PN1144 - 14 - name used in connection with telemarketing if:

20250SB0992PN115920250SB0992PN1144 - 15 - (a) Acts enumerated.--The following acts are prohibited:

<-- (2) Initiating [an outbound telephone call, including a robocall, to a person when the person previously has stated that the person does not wish to receive an outbound telephone call made by or on behalf of the seller whose goods or services are being offered.] or causing to be initiated an outbound telephone solicitation, including a robocall, to a residential, business or wireless subscriber when the subscriber previously has stated that the subscriber does not wish to receive a telephone solicitation made by or on behalf of the seller or telemarketer.

* * * (5) Failing to disclose promptly to any [consumer] residential, business or wireless telephone subscriber during the initial telephone contact the purpose of the call, the 20250SB0992PN115920250SB0992PN1144 - 16 - name of the telemarketer or telemarketing business and, if applicable, what the telemarketer or telemarketing business is selling.

§ 227(e) (relating to 20250SB0992PN115920250SB0992PN1144 - 17 - restrictions on use of telephone equipment) or any regulation of the Federal Communications Commission relating to caller identification requirements.

(4) Any oral or written representations made during the 20250SB0992PN115920250SB0992PN1144 - 18 - [telemarketing] telephone solicitation.

This prohibition shall be effective 30 days after a quarterly do-not-call list is issued by the list administrator 20250SB0992PN115920250SB0992PN1144 - 19 - which first contains a residential, wireless or business telephone subscriber's name, address and residential, wireless or business telephone number.

20250SB0992PN115920250SB0992PN1144 - 20 - (2) [He] The telemarketer has trained [his] the telemarketer's personnel in the procedures.

20250SB0992PN115920250SB0992PN1144 - 21 - (i) Shall establish a procedure, consistent with the requirements under subparagraph (ii), for a called [person] party to opt out of receiving future telephone [solicitation calls] solicitations from that telemarketer or telemarketing business and be immediately taken off the telemarketer's call list.

* * * (2) When a robocall is left on an answering machine or a voicemail service, the message must provide a toll-free telephone number that enables the called [person] party to call back at a later time and connect directly to the automated, interactive voice-activated or key-press-activated opt-out mechanism and automatically record the called 20250SB0992PN115920250SB0992PN1144 - 22 - [person's] party's number to the do-not-call list of the telemarketer or telemarketing business.

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