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.

HOUSE AMENDED PRIOR PRINTER'S NOS.

1144, 11591159, 1286 PRINTER'S NO.

12861649 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

992 2025 INTRODUCEDINTHAYWOOD, BYCOMITTA, BROOKS,BARTOLOTTA, MARTIN,FONTANA, BROWN,LAUGHLIN, TARTAGLIONE,SANTARSIERO, HUTCHINSON, COSTA, KANE, MILLER AND PISCIOTTANO, SEPTEMBER 5, 2025RSIERO,2025 AS AMENDEDAND ONUTILITIES, THIRDHOUSE CONSIDERATION,OF OCTOBERREPRESENTATIVES, AS AMENDED,NOLOGY APRIL 28, 20252026 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 unwantedunwantedketing telephone solicitation calls prohibited, for violations and for investigation.

* * * "Prior express written consent." A written agreement 20250SB0992PN1649 - 2 - executed between a called party and a specific and individual <-- seller that authorizes the seller to initiate or cause to be 20250SB0992PN1286 - 2 - initiated a telephone solicitation to the called party, including a robocall or text message.

(4) Is signed and dated by the called party, which may <-- include an electronic or digital signature consistent with the requirements under 15 U.S.C.

[For purposes of registration under 20250SB0992PN1649 - 3 - section 3(a), "telemarketer" does not include any of the 20250SB0992PN1286 - 3 - following:

(i) under which the seller provides the consumer 20250SB0992PN1649 - 4 - with a form which the consumer may use to instruct the 20250SB0992PN1286 - 4 - 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 20250SB0992PN1649 - 5 - acceptance of accreditation by an accrediting body 20250SB0992PN1286 - 5 - 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 20250SB0992PN1649 - 6 - prospective purchasers who have previously purchased from the 20250SB0992PN1286 - 6 - 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 20250SB0992PN1649 - 7 - entered into a written agreement directly with the retail 20250SB0992PN1286 - 7 - business establishment.

ForTELEPHONE purposes<-- of[CALL.] thisSOLICITATION. 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 of Funds for Charitable Purposes Act.

20250SB0992PN1286For -purposes 8of -this "Telemarketingact, business."the [Aterms business"charitable entitypurpose," that"charitable ispromotion," or"charitable hasorganization," engaged"professional infundraising thecounsel," business"professional ofsolicitor" telephoneand solicitations"solicitation" andhave employsthe atmeanings leastas onedefined telemarketer.]in Athe personact orof businessDecember that19, is1990 or(P.L.1200, hasNo.202), engagedknown inas the business20250SB0992PN1649 - 8 - Solicitation of telemarketing.Funds for Charitable Purposes Act.

"Telemarketing business." [A business entity that is or has engaged in the business of telephone solicitations and employs at least one telemarketer.] A person or business that is or has engaged in the business of telemarketing.

(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 20250SB0992PN1649 - 9 - soliciting the sale of consumer goods or services, or for the 20250SB0992PN1286 - 9 - 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 20250SB0992PN1649 - 10 - registered with a Federal or Commonwealth agency or to a person 20250SB0992PN1286 - 10 - 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 20250SB0992PN1649 - 11 - presentation during the telephone solicitation, but completes 20250SB0992PN1286 - 11 - 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.

20250SB0992PN1649 - 12 - (5) A person or business engaged in a business or 20250SB0992PN1286 - 12 - 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 20250SB0992PN1649 - 13 - parent-teacher organization recognized by the school 20250SB0992PN1286 - 13 - 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 20250SB0992PN1649 - 14 - name used in connection with telemarketing if:

20250SB0992PN1286 - 14 - (i) products are displayed and offered for sale or services are offered for sale and provided at the business establishment;

*(13) *A *PERSON SectionOR 3.BUSINESS THAT IS NOT ENGAGED IN <-- TELEMARKETING BECAUSE THE CALLS OR MESSAGES INITIATED BY THE PERSON OR BUSINESS DO NOT MEET THE REQUIREMENTS OF TELEPHONE SOLICITATION.

* * * 20250SB0992PN1649 - 15 - Section 3.

20250SB0992PN1286 - 15 - (1) Conducting[Conducting telemarketing [after 9 p.m.

or before 8 <-- a.m.] or otherwise initiating INITIATING or causing to be <-- initiated a telephone solicitation on a Sunday or after 7 p.m.

FOR TELEPHONE SOLICITATION <-- TEXT MESSAGES, THE PERSON MAY STATE THE INTENT TO STOP RECEIVING TELEPHONE SOLICITATION TEXT MESSAGES BY RESPONDING "STOP," "QUIT," "END," "REVOKE," "OPT OUT," "CANCEL" OR "UNSUBSCRIBE" IN REPLY TO AN INCOMING TEXT.

20250SB0992PN1649 - 16 - (iii) the seller [or the telemarketer acting on behalf of the seller] or telemarketer has maintained and recorded lists of persons who may not be contacted;

* * * (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 name of the telemarketer or telemarketing business and, if 20250SB0992PN1286 - 16 - applicable, what the telemarketer or telemarketing business is selling.

(7) Failing to reduce any sale of consumer goods or services made during a [telemarketing call] telephone solicitation to a written contract and obtaining the consumer's signature on the written contract, except as 20250SB0992PN1649 - 17 - provided in subsection (d).

§ 227(e) (relating to restrictions on use of telephone equipment) or any regulation 20250SB0992PN1286 - 17 - of the Federal Communications Commission relating to caller identification requirements.

(10) [Making a telephone solicitation call] Initiating or causing to be initiated a telephone solicitation or <-- message on a legal holiday.

<-- (13) Using or causing to be used any technology or any synthetic or computer-generated messaging to defraud, deceive or mislead a residential, business or wireless subscriber.

(1) The name, address and telephone number of the seller 20250SB0992PN1649 - 18 - and the telemarketer or telemarketing business.

20250SB0992PN1286 - 18 - * * * Section 4.

(a) [General rule] Prohibition.--No telemarketer shall 20250SB0992PN1649 - 19 - initiate or cause to be initiated a telephone solicitation [call] to a telephone number of a residential, wireless or business telephone subscriber who does not wish to receive telephone [solicitation calls] solicitations and has caused [his] the subscriber's 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, wireless or business 20250SB0992PN1286 - 19 - telephone subscriber's name, address and residential, wireless or business telephone number.

(b) Listings.--Telemarketers making telephone [solicitation calls] solicitations shall quarterly obtain listings of residential, business and wireless telephone subscribers in this Commonwealth who have arranged to have their names, addresses 20250SB0992PN1649 - 20 - 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.

(2) [He] The telemarketer has trained [his] the 20250SB0992PN1286 - 20 - telemarketer's personnel in the procedures.

The method of notification shall include, but not be limited to, placing the notice in billing statements mailed to residential, business and wireless subscribers and publication of notice in the consumer information pages of a 20250SB0992PN1649 - 21 - local telephone directory of general circulation.

(i) Shall establish a procedure, consistent with the 20250SB0992PN1286 - 21 - 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.