PRIOR PRINTER'S NO. 1600 PRINTER'S NO. 2036
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY FISHER, BELL, ANDREZESKI, HELFRICK, JUBELIRER,
STAPLETON, WENGER, BRIGHTBILL, O'PAKE, AFFLERBACH, STOUT,
PORTERFIELD, TOMLINSON, LEMMOND, DELP, GERLACH, MUSTO, HART,
KASUNIC AND RHOADES, NOVEMBER 21, 1995
SENATOR BELL, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS
AMENDED, MAY 21, 1996
1 Providing for registration requirements for telemarketers and
2 for powers and duties of the Office of Attorney General.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Telemarketer
7 Registration Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Consumer goods and services." Real or personal property or
13 services used for personal, family or household purposes.
14 "Telemarketer." Any person who in connection with <
15 telemarketing initiates a telephone call to or receives a
16 telephone call from a consumer in connection with the purchase
1 of consumer goods or services.
2 "PRIZE." ANYTHING OFFERED, OR PURPORTEDLY OFFERED, AND <
3 GIVEN, OR PURPORTEDLY GIVEN, TO A PERSON BY CHANCE. FOR PURPOSES
4 OF THIS DEFINITION, CHANCE EXISTS IF A PERSON IS GUARANTEED TO
5 RECEIVE AN ITEM AND, AT THE TIME OF THE OFFER OR PURPORTED
6 OFFER, THE TELEMARKETER DOES NOT IDENTIFY THE SPECIFIC ITEM THAT
7 THE PERSON WILL RECEIVE.
8 "PRIZE PROMOTION."
9 (1) A SWEEPSTAKES OR OTHER GAME OF CHANCE; OR
10 (2) AN ORAL OR WRITTEN EXPRESS OR IMPLIED REPRESENTATION
11 THAT A PERSON HAS WON, HAS BEEN SELECTED TO RECEIVE, OR MAY
12 BE ELIGIBLE TO RECEIVE A PRIZE OR PURPORTED PRIZE.
13 "TELEMARKETER." ANY PERSON WHO, IN CONNECTION WITH
14 TELEMARKETING, INITIATES OR RECEIVES TELEPHONE CALLS TO OR FROM
15 A CONSUMER IN THIS COMMONWEALTH, OR WHEN THE PERSON ACTING IN
16 CONNECTION WITH TELEMARKETING IS LOCATED WITHIN THIS
17 COMMONWEALTH WHEN SUCH CALLS ARE INITIATED OR RECEIVED. FOR
18 PURPOSES OF REGISTRATION UNDER SECTION 3(A) OF THIS ACT,
19 "TELEMARKETER" DOES NOT INCLUDE ANY OF THE FOLLOWING:
20 (1) A PERSON SOLICITING SALES THROUGH A CATALOG WHICH:
21 (I) CONTAINS A WRITTEN DESCRIPTION OR ILLUSTRATION
22 AND PRICE OF EACH OF THE GOODS OR SERVICES OFFERED FOR
24 (II) INCLUDES THE BUSINESS ADDRESS OF THE SELLER.
25 (III) INCLUDES AT LEAST 24 PAGES OF WRITTEN MATERIAL
26 OR ILLUSTRATION.
27 (IV) IS DISTRIBUTED IN MORE THAN ONE STATE.
28 (V) HAS BEEN ISSUED NOT LESS FREQUENTLY THAN ONCE A
30 (VI) HAS AN ANNUAL CIRCULATION OF NOT LESS THAN
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1 250,000 CONSUMERS.
2 (2) A PERSON SOLICITING WITHOUT THE INTENT TO COMPLETE
3 AND WHO DOES NOT COMPLETE THE SALES PRESENTATION DURING THE
4 TELEPHONE SOLICITATION, BUT COMPLETES THE SALES PRESENTATION
5 AT A LATER FACE-TO-FACE MEETING BETWEEN THE SOLICITOR AND THE
6 PROSPECTIVE PURCHASER, OR WHO OFFERS TO SEND THE PURCHASER
7 DESCRIPTIVE LITERATURE AND DOES NOT REQUIRE PAYMENT PRIOR TO
8 THE PURCHASER'S REVIEW OF THE DESCRIPTIVE LITERATURE.
9 HOWEVER, IF A SELLER, DIRECTLY FOLLOWING A TELEPHONE
10 SOLICITATION, CAUSES AN INDIVIDUAL WHOSE PRIMARY PURPOSE IT
11 IS TO GO TO THE PROSPECTIVE PURCHASER TO COLLECT THE PAYMENT,
12 THIS EXEMPTION DOES NOT APPLY.
13 (3) A BOOK, VIDEO OR RECORD CLUB OR CONTRACTUAL PLAN OR
15 (I) UNDER WHICH THE SELLER PROVIDES THE CONSUMER
16 WITH A FORM WHICH THE CONSUMER MAY USE TO INSTRUCT THE
17 SELLER NOT TO SHIP THE OFFERED MERCHANDISE;
18 (II) WHICH IS REGULATED BY THE FEDERAL TRADE
19 COMMISSION TRADE REGULATION CONCERNING "USE OF NEGATIVE
20 OPTION PLANS BY SELLERS IN COMMERCE"; OR
21 (III) WHICH PROVIDES FOR THE SALE OF BOOKS, RECORDS,
22 OR VIDEOS WHICH ARE NOT COVERED UNDER SUBPARAGRAPH (I) OR
23 (II), INCLUDING CONTINUITY PLANS, SUBSCRIPTION
24 ARRANGEMENTS, STANDING ORDER ARRANGEMENTS, SUPPLEMENTS
25 AND SERIES ARRANGEMENTS UNDER WHICH THE SELLER
26 PERIODICALLY SHIPS MERCHANDISE TO A CONSUMER WHO HAS
27 CONSENTED IN ADVANCE TO RECEIVE SUCH MERCHANDISE ON A
28 PERIODIC BASIS.
29 (4) A PERSON CONDUCTING A BUSINESS-TO-BUSINESS SALE
30 WHERE: THE COMMERCIAL TELEPHONE SELLER HAS BEEN OPERATING
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1 CONTINUOUSLY FOR AT LEAST 3 YEARS UNDER THE SAME BUSINESS
2 NAME AND HAS AT LEAST 50 PERCENT OF ITS DOLLAR VOLUME
3 CONSISTING OF A REPEAT SALES TO EXISTING BUSINESSES.
4 (5) A PERSON ENGAGED IN A BUSINESS OR OCCUPATION WHICH
5 IS LICENSED BY OR REGISTERED WITH A FEDERAL OR COMMONWEALTH
6 AGENCY WHILE ACTING WITHIN THE SCOPE OF THE BUSINESS FOR
7 WHICH LICENSURE OR REGISTRATION IS REQUIRED.
8 (6) ANY OF THE FOLLOWING ORGANIZATIONS UNLESS A
9 PROFESSIONAL FUNDRAISING COUNSEL OR A PROFESSIONAL SOLICITOR
10 IS UTILIZED:
11 (I) EDUCATIONAL INSTITUTIONS, THE CURRICULA OF WHICH
12 IN WHOLE OR IN PART ARE REGISTERED WITH OR APPROVED BY
13 THE DEPARTMENT OF EDUCATION, EITHER DIRECTLY OR BY
14 ACCEPTANCE OF ACCREDITATION BY AN ACCREDITING BODY
15 RECOGNIZED BY THE DEPARTMENT OF EDUCATION, AND ANY
16 AUXILIARY ASSOCIATIONS, FOUNDATIONS AND SUPPORT GROUPS
17 WHICH ARE DIRECTLY RESPONSIBLE TO EDUCATIONAL
19 (II) HOSPITALS WHICH ARE SUBJECT TO REGULATION BY
20 THE DEPARTMENT OF HEALTH OR THE DEPARTMENT OF PUBLIC
21 WELFARE AND THE HOSPITAL FOUNDATION, IF ANY, WHICH IS AN
22 INTEGRAL PART THEREOF.
23 (III) PUBLIC NONPROFIT LIBRARY ORGANIZATIONS WHICH
24 RECEIVE FINANCIAL AID FROM STATE AND MUNICIPAL
25 GOVERNMENTS AND FILE AN ANNUAL FISCAL REPORT WITH THE
26 STATE LIBRARY SYSTEM.
27 (IV) SENIOR CITIZEN CENTERS AND NURSING HOMES WHICH
28 ARE NONPROFIT AND CHARITABLE AND WHICH HAVE BEEN GRANTED
29 TAX-EXEMPT STATUS UNDER THE INTERNAL REVENUE CODE OF 1986
30 (PUBLIC LAW 99-514, 26 U.S.C. § 1 ET SEQ.).
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1 (V) BONA FIDE PARENT/TEACHER ASSOCIATIONS OR
2 PARENT/TEACHER ORGANIZATIONS AS RECOGNIZED IN A NOTARIZED
3 LETTER FROM THE SCHOOL DISTRICT IN WHICH THEY ARE
5 (VI) ANY CORPORATION ESTABLISHED BY AN ACT OF
6 CONGRESS OF THE UNITED STATES THAT IS REQUIRED BY FEDERAL
7 LAW TO SUBMIT ANNUAL REPORTS OF ITS ACTIVITIES TO
8 CONGRESS CONTAINING ITEMIZED ACCOUNTS OF ALL RECEIPTS AND
9 EXPENDITURES AFTER BEING FULLY AUDITED BY THE DEPARTMENT
10 OF DEFENSE.
11 (VII) ANY CHARITABLE ORGANIZATION WHICH RECEIVES
12 CONTRIBUTIONS OF $25,000 OR LESS ANNUALLY.
13 (7) A PERSON SOLICITING BUSINESS FROM PROSPECTIVE
14 PURCHASERS WHO HAVE PREVIOUSLY PURCHASED FROM THE BUSINESS
15 ENTERPRISE FOR WHICH THE PERSON IS CALLING WHERE THE
16 COMMERCIAL TELEPHONE SELLER HAS BEEN OPERATING CONTINUOUSLY
17 FOR AT LEAST THREE YEARS UNDER THE SAME BUSINESS NAME.
18 (8) A PERSON PRIMARILY SOLICITING THE SALE OF A
19 NEWSPAPER, MAGAZINE OR OTHER PERIODICAL OF GENERAL
21 (9) A PERSON, OR AN AGENT OR CONTRACTOR OF SUCH PERSON,
22 WHO HAS BEEN OPERATING FOR AT LEAST TWO YEARS A RETAIL
23 BUSINESS ESTABLISHMENT IN THIS COMMONWEALTH UNDER THE SAME
24 NAME AS THAT USED IN CONNECTION WITH TELEMARKETING, AND BOTH
25 OF THE FOLLOWING OCCUR ON A CONTINUING BASIS:
26 (I) EITHER PRODUCTS ARE DISPLAYED AND OFFERED FOR
27 SALE OR SERVICES ARE OFFERED FOR SALE AND PROVIDED AT THE
28 BUSINESS ESTABLISHMENT.
29 (II) A MAJORITY OF THE SELLER'S BUSINESS INVOLVES
30 BUYERS' OBTAINING SUCH PRODUCTS OR SERVICES AT THE
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1 SELLER'S LOCATION.
2 (10) ANY PERSON WHO HAS BEEN PROVIDING TELEMARKETING
3 SALES SERVICES CONTINUOUSLY FOR AT LEAST FIVE YEARS UNDER THE
4 SAME OWNERSHIP AND CONTROL AND WHO DERIVES 75% OF ITS GROSS
5 TELEMARKETING SALES REVENUES FROM CONTRACTS WITH PERSONS
6 EXEMPTED IN THIS SECTION.
7 (11) A PERSON SOLICITING THE SALE OF FOOD OR PRODUCE IF
8 THE SOLICITATION IS NOT INTENDED TO RESULT IN A SALE WHICH
9 COSTS THE PURCHASER IN EXCESS OF $500.
10 (12) A PERSON WHO SOLICITS CONTRACTS FOR THE MAINTENANCE
11 OR REPAIR OF GOODS PREVIOUSLY PURCHASED FROM THE PERSON
12 MAKING THE SOLICITATION OR ON WHOSE BEHALF THE SOLICITATION
13 IS MADE.
14 (13) AN ISSUER OR SUBSIDIARY OF AN ISSUER THAT HAS A
15 CLASS OF SECURITIES WHICH IS SUBJECT TO SECTION 12 OF THE
16 SECURITIES EXCHANGE ACT OF 1934 (48 STAT. 881, 15 U.S.C. §
17 78L) AND WHICH IS EITHER REGISTERED OR EXEMPT FROM
18 REGISTRATION UNDER PARAGRAPH A, B, C, E, F, G OR H OF
19 SUBSECTION (G)(2) OF THAT SECTION.
20 "TELEMARKETING." A PLAN, PROGRAM OR CAMPAIGN WHICH IS
21 CONDUCTED TO INDUCE THE PURCHASE OF GOODS OR SERVICES OR TO
22 SOLICIT CONTRIBUTIONS FOR ANY CHARITABLE PURPOSE, CHARITABLE
23 PROMOTION OR FOR OR ON BEHALF OF ANY CHARITABLE ORGANIZATION, BY
24 USE OF ONE OR MORE TELEPHONES AND WHICH INVOLVES MORE THAN ONE
25 TELEPHONE CALL. FOR PURPOSES OF THIS ACT, THE TERMS "CHARITABLE
26 PURPOSE," "CHARITABLE PROMOTION," "CHARITABLE ORGANIZATION,"
27 "PROFESSIONAL FUNDRAISING COUNSEL," "PROFESSIONAL SOLICITOR" AND
28 "SOLICITATION" HAVE THE MEANINGS AS DEFINED IN THE ACT OF
29 DECEMBER 19, 1990 (P.L.1200, NO.202), KNOWN AS THE SOLICITATION
30 OF FUNDS FOR CHARITABLE PURPOSES ACT.
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1 "Telemarketing business." A business entity that is or has
2 engaged in the business of telephone solicitations and employs
3 at least one telemarketer.
4 Section 3. Registration requirement.
5 (a) General rule.--In addition to any other requirements
6 imposed by law, a telemarketer or the telemarketing business
7 which employs the telemarketer is required to register with the
8 Office of Attorney General at least 60 days prior to offering
9 for sale consumer goods or services through any medium. THIS <
10 SECTION WILL NOT APPLY, HOWEVER, TO BUSINESSES LICENSED BY OR
11 REGISTERED WITH A FEDERAL OR COMMONWEALTH AGENCY.
12 (b) Unlawful conduct.--It shall be unlawful for any
13 telemarketer to initiate a telephone call to or receive a
14 telephone call from a consumer in connection with the purchase
15 of consumer goods or services, unless the telemarketer or the
16 telemarketing business which employs the telemarketer is
17 registered with, and has a certificate of registration from, the <
18 Office of Attorney General.
19 (c) Penalty.--Failure to register as required by this act
20 constitutes a misdemeanor of the second degree.
21 Section 4. Registration and application process.
22 (a) Application form.--The Office of Attorney General shall
23 provide an application form for BIANNUAL registration EXCEPT FOR <
24 THOSE BUSINESSES COVERED BY SUBSECTION (C). The form shall
25 include, but not be limited to, the following information:
26 (1) Name and current address, telephone number and
27 location of the telemarketer or telemarketing business.
28 (2) Name and current address and telephone number of
29 each principal owner of the telemarketing business.
30 (3) A list of telemarketers currently employed by the
19950S1317B2036 - 7 -
1 telemarketing business.
2 (B) SECURITY.--THE APPLICATION FOR REGISTRATION COMPLETED BY <
3 BUSINESSES PURSUANT TO SUBSECTION (A) SHALL BE ACCOMPANIED BY A
4 SURETY BOND IN THE SUM OF $50,000 WITH CONDITIONS AND IN A FORM
5 PRESCRIBED BY THE OFFICE OF ATTORNEY GENERAL. THE BOND SHALL
6 PROVIDE FOR THE INDEMNIFICATION OF ANY PERSON SUFFERING A LOSS
7 AS THE RESULT OF ANY FRAUD, MISREPRESENTATION, VIOLATION OF
8 SECTION 5 OR VIOLATION OF THE ACT OF DECEMBER 17, 1968
9 (P.L.1224, NO.387), KNOWN AS THE UNFAIR TRADE PRACTICES AND
10 CONSUMER PROTECTION LAW, BY THE PRINCIPAL. THE TERM OF THE BOND
11 SHALL BE CONTINUOUS, BUT, IT SHALL BE SUBJECT TO CANCELLATION BY
12 THE SURETY IN THE MANNER DESCRIBED IN THIS SECTION. THE SURETY
13 MAY TERMINATE THE BOND UPON GIVING A 60-DAY WRITTEN NOTICE TO
14 THE PRINCIPAL AND TO THE OFFICE OF ATTORNEY GENERAL, BUT THE
15 LIABILITY OF THE SURETY FOR ACTS OF THE PRINCIPAL AND ITS AGENTS
16 SHALL CONTINUE DURING THE 60 DAYS' NOTICE OF CANCELLATION. THE
17 NOTICE DOES NOT ABSOLVE THE SURETY FROM LIABILITY WHICH ACCRUES
18 BEFORE THE CANCELLATION BECOMES FINAL BUT WHICH IS DISCOVERED
19 AFTER THAT DATE AND WHICH MAY HAVE ARISEN AT ANY TIME DURING THE
20 TERM OF THE BOND. UNLESS THE BOND IS REPLACED BY THAT OF ANOTHER
21 SURETY BEFORE THE EXPIRATION OF THE 60 DAYS' NOTICE OF
22 CANCELLATION, THE REGISTRATION OF THE PRINCIPAL UNDER THIS ACT
23 WILL BE TREATED AS LAPSED. ANY BUSINESS REQUIRED UNDER THIS
24 SECTION TO FILE A BOND WITH A REGISTRATION APPLICATION MAY FILE,
25 IN LIEU THEREOF, CASH, A CERTIFICATE OF DEPOSIT OR GOVERNMENT
26 BONDS IN THE AMOUNT OF $50,000. SUCH DEPOSIT IS SUBJECT TO THE
27 SAME TERMS AND CONDITIONS AS ARE PROVIDED FOR IN THE SURETY BOND
28 REQUIRED IN THIS SUBSECTION. THE OFFICE OF ATTORNEY GENERAL
29 SHALL HOLD SUCH CASH, CERTIFICATE OF DEPOSIT OR GOVERNMENT BONDS
30 FOR A REASONABLE PERIOD FROM THE DATE THE TELEMARKETING BUSINESS
19950S1317B2036 - 8 -
1 CEASES TO OPERATE OR REGISTRATION LAPSES IN ORDER TO PAY CLAIMS
2 MADE AGAINST THE TELEMARKETING BUSINESS DURING ITS OPERATION.
3 ANY INTEREST OR EARNINGS ON SUCH DEPOSITS ARE PAYABLE TO THE
4 DEPOSITOR. IF, AFTER REGISTERED, THE AMOUNT OF BOND, CASH,
5 CERTIFICATE OF DEPOSIT OR GOVERNMENT BONDS FALL BELOW THE AMOUNT
6 REQUIRED BY THIS SUBSECTION, THE REGISTRATION OF THE
7 TELEMARKETING BUSINESS WILL BE TREATED AS LAPSED. THE OFFICE OF
8 ATTORNEY GENERAL SHALL PRESCRIBE THE METHODS AND PROCEDURES FOR
9 HANDLING CLAIMS UNDER THIS SUBSECTION.
10 (C) REGISTRATION PROCEDURE FOR OTHER BUSINESSES.--
11 REGISTRATION PROCEDURES FOR BUSINESSES LICENSED BY OR REGISTERED
12 WITH A FEDERAL OR COMMONWEALTH AGENCY, TO THE EXTENT THE
13 TELEMARKETING ACTIVITIES OF THOSE BUSINESSES GO BEYOND THE
14 ACTIVITIES FOR WHICH THE BUSINESS IS LICENSED OR REGISTERED,
15 SHALL BE PROMULGATED BY THE OFFICE OF ATTORNEY GENERAL. THE
16 INFORMATION TO BE OBTAINED BY THE OFFICE OF ATTORNEY GENERAL IN
17 SUCH CASES SHALL INCLUDE THE INFORMATION OUTLINED IN SUBSECTION
18 (A) OF THIS SECTION.
19 (b) (D) Application fee.--The fee for applying for <
20 registration is BIANNUAL FEE FOR THOSE BUSINESSES REGISTERING <
21 UNDER SUBSECTION (A) SHALL BE $500. The fee must be submitted
22 with the application. Application fees shall be deposited in a
23 separate restricted account in the State Treasury. All moneys in
24 this account are hereby appropriated to the Office of Attorney
25 General on a continuing basis to administer and enforce the
26 provisions of this act.
27 (c) Determination by Office of Attorney General.--Within 60 <
28 days of receipt by the Office of Attorney General of the
29 application for registration, the Office of Attorney General
30 shall make a determination as to whether the applicant has
19950S1317B2036 - 9 -
1 complied with the requirements for certification listed in
2 subsection (d).
3 (d) Requirements for certification.--The following shall
5 (1) No owner of the applicant telemarketing business or
6 telemarketer who has been convicted of a violation of any law
7 of this Commonwealth or any other jurisdiction involving
8 fraud, forgery or theft is eligible for certification.
9 (2) Certification shall be granted subject to the
10 applicant agreeing to the following:
11 (i) That the applicant shall be accountable for the
12 substance of each sales presentation and for each request
13 for charitable contribution made by an agent or
15 (ii) The applicant is personally liable for any
16 violations of this act.
17 Section 5. Revocation of certificate of registration.
18 (a) General rule.--The Office of Attorney General may revoke
19 the certificate of registration for, and subject to a civil fine
20 of up to $500 per violation, any telemarketing business or
21 telemarketer for any of the following:
22 (E) RULES AND REGULATIONS.--THE OFFICE OF ATTORNEY GENERAL <
23 MAY ADOPT RULES AND REGULATIONS NECESSARY TO ENFORCE AND
24 ADMINISTER THIS ACT.
25 SECTION 5. UNLAWFUL ACTS AND PENALTIES.
26 THE FOLLOWING ACTS ARE PROHIBITED:
27 (1) Conducting telemarketing after 9 p.m. or before 8
29 (2) Conveying information relating to the provisions or
30 availability of consumer goods or services to a consumer
19950S1317B2036 - 10 -
1 through any medium where the consumer indicates that he is
2 not interested in receiving the information.
3 (3) Debiting any consumer's checking, savings or credit <
4 account unless clear approval is obtained in a taped
5 telephone call or by the consumer's written permission.
6 (3) OBTAINING OR SUBMITTING FOR PAYMENT A CHECK, DRAFT <
7 OR OTHER FORM OF NEGOTIABLE PAPER DRAWN ON A PERSON'S
8 CHECKING, SAVINGS, SHARE OR SIMILAR ACCOUNT, WITHOUT THE
9 PERSON'S EXPRESS VERIFIABLE AUTHORIZATION. SUCH AUTHORIZATION
10 SHALL BE DEEMED VERIFIABLE ONLY WHEN THE EXPRESS
11 AUTHORIZATION IS WRITTEN AND INCLUDES THE CUSTOMER'S
12 SIGNATURE. FOR THE PURPOSES OF THIS PARAGRAPH, A CUSTOMER MAY
13 AUTHORIZE FUTURE WITHDRAWALS OF THE SAME AMOUNT IF THE
14 INSTRUMENT CLEARLY AND CONSPICUOUSLY INDICATES THIS
16 (4) Promising for a fee to recover money any consumer
17 has lost to fraudulent telemarketers.
18 (5) Failing to disclose PROMPTLY to any consumer during <
19 the initial telephone contact the purpose of the call, the
20 name of the telemarketer or telemarketing business and what
21 the telemarketer or telemarketing business is selling.
22 (6) In the case of prize promotions, failing to provide
23 the odds of winning, advising that no purchase or payment is
24 necessary to win and identifying restrictions or conditions
25 on obtaining a prize. IN ANY PRIZE PROMOTION, IF THE ODDS ARE <
26 NOT CALCULABLE IN ADVANCE, THE FACTORS USED IN CALCULATING
27 THE ODDS MUST BE DISCLOSED. THE NO PURCHASE/NO PAYMENT METHOD
28 OF PARTICIPATING IN THE PRIZE PROMOTION WITH EITHER
29 INSTRUCTIONS ON HOW TO PARTICIPATE OR AN ADDRESS OR LOCAL OR
30 TOLL-FREE TELEPHONE NUMBER TO WHICH CUSTOMERS MAY WRITE OR
19950S1317B2036 - 11 -
1 CALL FOR INFORMATION ON HOW TO PARTICIPATE SHALL BE PROVIDED.
2 ALL MATERIAL COSTS OR CONDITIONS TO RECEIVE OR REDEEM A PRIZE
3 THAT IS THE SUBJECT OF THE PRIZE PROMOTION MUST ALSO BE
5 (7) Failing to reduce any sale of goods or services made
6 during a telemarketing call to a written contract and
7 obtaining the consumer's signature on the written contract.
8 (8) Failing to end a telemarketing solicitation call
9 when the consumer indicates he wants to end the call.
10 (b) Contract provisions.--A contract under subsection (a)(7)
11 shall contain the following information:
12 (1) The name, address and telephone number of the
13 telemarketer or telemarketing business.
14 (2) The total price of the consumer goods or services
16 (3) A detailed description of the consumer goods and
17 services purchased, which shall match the oral description
18 given in the telemarketing solicitation.
19 (4) Any oral or written representations made during the
20 telemarketing solicitation.
21 (5) A statement that reads "You are not obligated to pay
22 any money unless you sign this contract and return it to the
24 (c) Exception.--A signed, written contract is not needed if:
25 (1) The contractual sale is regulated under other laws
26 of this Commonwealth.
27 (2) The transaction was made as a result of prior
28 negotiations by the consumer and telemarketer or
29 telemarketing business, where the consumer visited a merchant
30 operating a retail business establishment in a permanent
19950S1317B2036 - 12 -
1 location where consumer goods are displayed or offered for
2 sale on a continuing basis.
3 (3) The transaction is one for which the consumer may
4 receive a full refund upon the return of undamaged and unused
5 consumer goods within ten days of receipt of the consumer
6 goods or upon sending a cancellation of consumer service
7 notice to the telemarketer or telemarketing business before <
8 the service is started WITHIN FIVE DAYS OF THE TRANSACTION, <
9 if the refund is processed within 30 days of receipt of the
10 returned consumer goods or upon receipt of the cancellation
11 of the consumer.
12 (4) The transaction is a result of the consumer
13 examining an advertisement, sample, brochure or catalog of
14 the telemarketer or telemarketing business which contains the
15 name, address and telephone number of the telemarketer or
16 telemarketing business, a description of the goods or
17 services and any limitations or restrictions that apply to
18 the offer.
19 (5) The transaction is a sale or solicitation made by or
20 on behalf of a bona fide charitable organization which is tax
21 exempt under section 501(c)(3) of the Internal Revenue Code
22 of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.).
23 Section 6. Revocation of certificate of registration by Office <
24 of Attorney General.
25 All actions of the Office of Attorney General under this act
26 shall be taken subject to the right of notice, hearing and
27 adjudication and the right of appeal therefrom in accordance
28 with 2 Pa.C.S. (relating to administrative law and procedure).
29 SECTION 6. VIOLATIONS. <
30 (A) OTHER LAW.--A VIOLATION OF THIS ACT IS ALSO A VIOLATION
19950S1317B2036 - 13 -
1 OF THE ACT OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE
2 UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW.
3 (B) SECOND OR SUBSEQUENT OFFENSE.--UPON A SECOND OR
4 SUBSEQUENT VIOLATION OF THIS ACT, THE OFFICE OF ATTORNEY GENERAL
5 MAY SEEK REVOCATION OF REGISTRATION OR THE RIGHT TO CONDUCT
6 TELEMARKETING IN THIS COMMONWEALTH.
7 (C) PROCEDURE.--ALL ACTIONS OF THE OFFICE OF ATTORNEY
8 GENERAL UNDER THIS ACT SHALL BE TAKEN SUBJECT TO THE RIGHT OF
9 NOTICE, HEARING AND ADJUDICATION AND THE RIGHT OF APPEAL
10 THEREFROM IN ACCORDANCE WITH 2 PA.C.S. (RELATING TO
11 ADMINISTRATIVE LAW AND PROCEDURE).
12 Section 7. Remedies available to consumers.
13 Nothing in this act shall be construed to limit the remedies
14 available to consumers, THE ATTORNEY GENERAL OR ANY DISTRICT <
15 ATTORNEY under the act of December 17, 1968 (P.L.1224, No.387),
16 known as the Unfair Trade Practices and Consumer Protection Law,
17 or any other State or Federal law.
18 SECTION 8. BURDEN OF PROOF. <
19 (A) PROCEEDING UNDER THIS ACT.--IN ANY CIVIL PROCEEDING
20 ALLEGING A VIOLATION OF THIS ACT, THE BURDEN OF PROVING AN
21 EXEMPTION OR AN EXCEPTION FROM A DEFINITION IS UPON THE PERSON
22 CLAIMING IT; AND IN ANY CRIMINAL PROCEEDING ALLEGING A VIOLATION
23 OF THIS ACT, THE BURDEN OF PRODUCING EVIDENCE TO SUPPORT A
24 DEFENSE BASED UPON AN EXEMPTION OR AN EXCEPTION FROM A
25 DEFINITION IS UPON THE PERSON CLAIMING IT.
26 (B) OTHER PROCEEDINGS.--COMPLIANCE WITH THIS ACT DOES NOT
27 SATISFY NOR SUBSTITUTE FOR ANY REQUIREMENTS FOR LICENSE,
28 REGISTRATION OR REGULATION MANDATED BY OTHER LAWS.
29 Section 8 9. Effective date. <
30 This act shall take effect in 60 90 days. <
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