Pennsylvania Act 1996-147 — TELEMARKETER REGISTRATION ACT - ENACTMENT

Act text

AN ACT

Providing for registration requirements for telemarketers and for powers and duties of the Office of Attorney General.

TABLE OF CONTENTS

Section 1. Short title.

Section 2. Definitions.

Section 3. Registration requirement.

Section 4. Registration and application process.

Section 5. Unlawful acts and penalties.

Section 5.1. Blocking of caller identification and other telemarketing screening products or services prohibited.

Section 5.2. Unwanted telephone solicitations prohibited.

Section 6. Violations.

Section 7. Remedies available to consumers.

Section 8. Burden of proof.

Section 9. Investigation.

Section 10. Effective date.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Telemarketer Registration Act.

Section 2. Definitions.

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:

"Business telephone subscriber." Any natural person or entity subscribing to telephone service at a business location within this Commonwealth where the service provider classifies the line as a business line. The term does not include a subscriber that engages in telemarketing, makes telephone solicitation calls or is a telemarketing business. (Def. added Oct. 4, 2019, P.L.447, No.73)

"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. (Def. amended July 20, 2026, P.L.532, No.47)

"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 solicitations. (Def. amended July 20, 2026, P.L.532, No.47)

"Established business relationship." A prior or existing relationship formed by a voluntary two-way communication between a person or entity and a residential, business or wireless telephone subscriber, with or without an exchange of consideration, on the basis of an inquiry, application, purchase or transaction by the residential, business or wireless telephone subscriber regarding products or services offered by such persons or entity. In regard to an inquiry, the person or entity shall obtain the consent of a residential, business or wireless telephone subscriber to continue the business relationship beyond the initial inquiry. (Def. amended Oct. 4, 2019, P.L.447, No.73)

"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 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 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. (Def. amended July 20, 2026, P.L.532, No.47)

"Prior express written consent." A written agreement 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) States 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).

(Def. added July 20, 2026, P.L.532, No.47)

"Prize." Anything offered, or purportedly offered, and given, or purportedly given, to a person by chance. For purposes of this definition, chance exists if a person is guaranteed to receive an item and, at the time of the offer or purported offer, the telemarketer does not identify the specific item that the person will receive.

"Prize promotion."

(1) A sweepstakes or other game of chance; or

(2) an oral or written express or implied representation that a person has won, has been selected to receive or may be eligible to receive a prize or purported prize.

"Residential telephone subscriber." Any natural person residing within this Commonwealth at the billing address of any residential telephone numbers, including both wire line telephone service numbers and wireless telephone service numbers. (Def. added Sept. 12, 2003, P.L.105, No.22)

"Robocall." A telephone solicitation that uses an automated dialing system to deliver prerecorded or artificial voice calls or messages. (Def. amended July 20, 2026, P.L.532, No.47)

"Telemarketer." Any person or business which, in connection with telemarketing, initiates or receives telephone calls 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.

(1) ((1) deleted by amendment).

(2) ((2) deleted by amendment).

(3) ((3) deleted by amendment).

(4) ((4) deleted by amendment).

(5) ((5) deleted by amendment).

(6) ((6) deleted by amendment).

(7) ((7) deleted by amendment).

(8) ((8) deleted by amendment).

(9) ((9) deleted by amendment).

(10) ((10) deleted by amendment).

(11) ((11) deleted by amendment).

(12) ((12) deleted by amendment).

(Def. amended July 20, 2026, P.L.532, No.47)

"Telemarketing." A plan, program or campaign which is conducted to induce the purchase of consumer goods or services or to solicit contributions for any charitable purpose, charitable promotion or for or on behalf of any charitable organization by use of one or more telephones and which involves more than one telephone solicitation. 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 of Funds for Charitable Purposes Act. (Def. amended July 20, 2026, P.L.532, No.47)

"Telemarketing business." A person or business that is or has engaged in the business of telemarketing. (Def. amended July 20, 2026, P.L.532, No.47)

"Telephone solicitation." A telephone call, voicemail, ringless voicemail or text message made to a residential, business or wireless telephone subscriber for the purpose of 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. The term does not include a call or message made to a residential, business or wireless telephone subscriber:

(1) In response to the prior express written consent of the subscriber.

(2) In reference to an existing debt, contract, payment or performance.

(3) With whom the seller or telemarketer has an established business relationship within the past 12 months preceding the call.

(4) On behalf of an organization granted tax-exempt status under 26 U.S.C. § 501(c)(3), (5) or (8) (relating to exemption from tax on corporations, certain trusts, etc.) or a veterans organization chartered by the Congress of the United States and its duly appointed foundation.

(5) On behalf of a political candidate or a political party.

(Def. added July 20, 2026, P.L.532, No.47)

"Telephone solicitation call." (Def. deleted by amendment July 20, 2026, P.L.532, No.47)

Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

Section 3. Registration requirement.

(a) Requirement.--In addition to any other requirements imposed by law, a telemarketer or the telemarketing business which employs the telemarketer shall be required to register with the Office of Attorney General at least 30 days prior to offering for sale consumer goods or services through any medium. This section shall not apply to a person or business licensed by or registered with a Federal or Commonwealth agency or to a person or business specified under subsection (b.1). Notwithstanding any other provision of this act, any business which provides telemarketing services to other entities and has been under the same ownership and control for less than five years shall register under this section. ((a) amended July 20, 2026, P.L.532, No.47)

(b) Unlawful conduct.--It shall be unlawful for a telemarketer to initiate a telephone call or message to, or to receive a telephone call or message from, a residential, business or wireless telephone subscriber in this Commonwealth in connection with the purchase of consumer goods or services unless the telemarketer or the telemarketing business which employs the telemarketer is registered with the Office of Attorney General. ((b) amended July 20, 2026, P.L.532, No.47)

(b.1) Exemptions from registration.--The following shall not be required to register under this section:

(1) A person or business soliciting sales through a catalog that meets all of the following criteria:

(i) Contains a written description or illustration and the price of each good or service offered for sale.

(ii) Includes the business address of the seller.

(iii) Includes at least 24 pages of written material or illustrations.

(iv) Is distributed in more than one state.

(v) Is issued at least once a year.

(vi) Has an annual circulation of not less than 250,000 consumers.

(2) A person or business soliciting without the intent to complete, and that does not complete, the sales 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. This paragraph shall not apply if, directly after a telephone solicitation, the seller causes an individual whose primary purpose is to collect payment to go to the purchaser for that purpose.

(3) A book, video or record club or contractual plan or agreement:

(i) under which the seller provides the purchaser with a form the purchaser may use to instruct the seller not to ship the offered merchandise;

(ii) that is regulated under the Federal Trade Commission's trade regulation rule concerning the use of negative option plans by sellers in commerce under 16 CFR Pt. 425 (relating to use of prenotification negative option plans); or

(iii) that provides for the sale of books, records or videos not covered under subparagraph (i) or (ii), including continuity plans, subscription arrangements, standing order arrangements, supplements and series arrangements under which the seller periodically ships merchandise to a purchaser who has consented in advance to receive the merchandise on a periodic basis.

(4) A person or business conducting a business-to-business sale if the selling business has operated continuously for at least three years under the same business name and at least 50% of its dollar volume consists of repeat sales to existing businesses.

(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.

(6) Any of the following organizations unless a professional fundraising counsel or professional solicitor who is neither registered nor exempt from registration under this act is used:

(i) An educational institution, the curriculum of which, in whole or in part, is registered with or approved by the Department of Education, either directly or by acceptance of accreditation by an accrediting body recognized by the Department of Education, and any auxiliary association, foundation or support group directly responsible to the educational institution.

(ii) A hospital subject to regulation by the Department of Health or the Department of Human Services and the hospital foundation, if any, that is an integral part of the hospital.

(iii) A public nonprofit library organization that receives financial aid from the Commonwealth or a municipal government and files an annual fiscal report with the State Library System.

(iv) A senior citizen center or nursing home that is nonprofit and charitable and has been granted tax-exempt status under 26 U.S.C. § 501(c)(3), (5) or (8) (relating to exemption from tax on corporations, certain trusts, etc.).

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

(vi) A corporation established by an act of Congress that is required by Federal law to submit annual reports of its activities to the Congress of the United States, including itemized accounts of all receipts and expenditures, after being fully audited by the Department of Defense.

(vii) A charitable organization receiving $25,000 or less in contributions annually.

(7) A person or business soliciting from prospective purchasers who have previously purchased from the business enterprise on whose behalf the person is calling, if the business enterprise has operated continuously for at least three years under the same business name.

(8) A person or business primarily soliciting the sale of a newspaper, magazine or other periodical of general circulation if the publishing business has operated continuously for at least two years under the same business name, the solicitor is an employee of the publisher or of an agent of the publisher and the solicitor discloses during the initial contact the total cost to purchase, receive or use and the quantity of the newspapers, magazines or other periodicals that are the subject of the sales offer. As used in this paragraph, the term "agent" means a person or business that has entered into a written agreement directly with the publisher.

(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 name used in connection with telemarketing if:

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

(ii) a majority of the seller's business involves buyers obtaining products or services at the seller's location. As used in this paragraph, the term "agent" means a person or business that has entered into a written agreement directly with the retail business establishment.

(10) A person or business providing telemarketing services continuously for at least five years under the same ownership and control and deriving 75% of its gross telemarketing sales revenue from contracts with persons or businesses exempt under this section.

(11) A person or business soliciting the sale of food or produce if the solicitation is not intended to result and does not result in a sale costing the purchaser more than $500, and the person or business has operated continuously for at least two years under the same business name.

(12) An issuer or subsidiary of an issuer that has a class of securities subject to 15 U.S.C. § 78l (relating to registration requirements for securities) and is registered or exempt from registration under 15 U.S.C. § 78l(g)(2)(A), (B), (C), (E), (F), (G) or (H).

(13) A person or 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.

((b.1) added July 20, 2026, P.L.532, No.47)

(c) Penalty.--Failure to register as required by this act constitutes a misdemeanor of the second degree.

Section 4. Registration and application process.

(a) Application form.--The Office of Attorney General shall provide an application form for biennial registration except for those persons or businesses covered by subsection (c). The form shall include, but not be limited to, the following information:

(1) Name and current address, telephone number and location of the telemarketer or telemarketing business.

(2) Name and current address and telephone number of each principal owner of the telemarketing business.

(3) A list of telemarketers currently employed by the telemarketing business.

(b) Security.--The application for registration completed by persons or businesses pursuant to subsection (a) shall be accompanied by a surety bond in the sum of $50,000 with conditions and in a form prescribed by the Office of Attorney General. The bond shall provide for the indemnification of any person suffering a loss as the result of any fraud, misrepresentation, violation of section 5 or violation of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, by the principal. The term of the bond shall be continuous, but it shall be subject to cancellation by the surety in the manner described in this section. The surety may terminate the bond upon giving a 60-day written notice to the principal and to the Office of Attorney General, but the liability of the surety for acts of the principal and its agents shall continue during the 60 days' notice of cancellation. The notice does not absolve the surety from liability which accrues before the cancellation becomes final but which is discovered after that date and which may have arisen at any time during the term of the bond. Unless the bond is replaced by that of another surety before the expiration of the 60 days' notice of cancellation, the registration of the principal under this act will be treated as lapsed. Any person or business required under this section to file a bond with a registration application may file, in lieu thereof, cash, a certificate of deposit or government bonds in the amount of $50,000. Such deposit is subject to the same terms and conditions as are provided for in the surety bond required in this subsection. The Office of Attorney General shall hold such cash, certificate of deposit or government bonds for a reasonable period from the date the telemarketer or telemarketing business ceases to operate or registration lapses in order to pay claims made against the telemarketer or telemarketing business during its operation. Any interest or earnings on such deposits are payable to the depositor. If, after registered, the amount of bond, cash, certificate of deposit or government bonds falls below the amount required by this subsection, the registration of the telemarketer or telemarketing business will be treated as lapsed. The Office of Attorney General shall prescribe the methods and procedures for handling claims under this subsection.

(c) Registration procedure for other businesses.--The Attorney General shall promulgate regulations providing for the registration of persons and businesses that are licensed by, certificated by or registered with a Federal or State agency but who engage in telemarketing related to activities outside the scope of the business for which such licensure, certification or registration is required. Regulations adopted under this subsection shall not apply to any person or business that is otherwise exempt from registration under this act.

(d) Application fee.--The biennial fee for those persons or businesses registering under subsection (a) shall be $500. The fee must be submitted with the application. Application fees shall be deposited in a separate restricted account in the State Treasury. All moneys in this account are hereby appropriated to the Office of Attorney General on a continuing basis to administer and enforce the provisions of this act.

(e) Rules and regulations.--The Office of Attorney General may adopt rules and regulations necessary to enforce and administer this act.

Section 5. Unlawful acts and penalties.

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

(1) Initiating or causing to be initiated a telephone solicitation on a Sunday or after 7 p.m. or before 9 a.m. ((1) amended July 20, 2026, P.L.532, No.47)

(2) Initiating 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. 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. A seller or telemarketer shall not be liable for violating the provisions of this paragraph if:

(i) the seller or telemarketer has established and implemented written procedures to comply with this paragraph;

(ii) the seller or telemarketer has trained the seller's or telemarketer's personnel in the procedures;

(iii) the seller or telemarketer has maintained and recorded lists of persons who may not be contacted; and

(iv) any subsequent call is the result of error.

((2) amended July 20, 2026, P.L.532, No.47)

(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.

(C) The payor's name.

(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 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 applicable, what the telemarketer or telemarketing business is selling.((5) amended July 20, 2026, P.L.532, No.47)

(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 consumer goods or services offered. ((6) amended July 20, 2026, P.L.532, No.47)

(7) Failing to reduce any sale of consumer goods or services made during a telephone solicitation to a written contract and obtaining the consumer's signature on the written contract, except as provided in subsection (d). ((7) amended July 20, 2026, P.L.532, No.47)

(8) Failing to end a telephone solicitation when a called party indicates the called party wants to end the call or message. ((8) amended July 20, 2026, P.L.532, No.47)

(9) Engaging in any deceptive or abusive telemarketing acts or practices in violation of 16 CFR 310 (relating to telemarketing sales rule), 47 U.S.C. § 227(e) (relating to restrictions on use of telephone equipment) or any regulation of the Federal Communications Commission relating to caller identification requirements. ((9) amended July 20, 2026, P.L.532, No.47)

(10) Initiating or causing to be initiated a telephone solicitation on a legal holiday. ((10) amended July 20, 2026, P.L.532, No.47)

(11) Initiating or causing to be initiated a robocall to any residential, business or wireless telephone line without the prior express written consent of a called party, unless the call is initiated for emergency purposes or is otherwise exempt under this act. ((11) added July 20, 2026, P.L.532, No.47)

(12) Using or causing to be used any unfair or deceptive act or practice in an effort to obtain a residential, business or wireless subscriber's consent to receive telephone solicitations. ((12) added July 20, 2026, P.L.532, No.47)

(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. ((13) added July 20, 2026, P.L.532, No.47)

(b) Recordkeeping.--Telemarketers who are required to make verifiable authorizations under subsection (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 seller and the telemarketer or telemarketing business. ((1) amended July 20, 2026, P.L.532, No.47)

(2) The total price of the consumer goods or services purchased or rented. ((2) amended July 20, 2026, P.L.532, No.47)

(3) A detailed description of the consumer goods and services purchased or rented which shall match the oral description given in the telephone solicitation. ((3) amended July 20, 2026, P.L.532, No.47)

(4) Any oral or written representations made during the telephone solicitation. ((4) amended July 20, 2026, P.L.532, No.47)

(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. § 501(c)(3)).

Section 5.1. Blocking of caller identification and other telemarketing screening products or services prohibited.

No telemarketer shall take any action with the primary intent:

(1) to prevent the transmission of a telemarketer's name or telephone number or to falsely identify the telemarketer's name or telephone number to any recipient of a telephone solicitation; or

(2) to circumvent, bypass or disable any product or service used by the residential, wireless or business telephone subscriber to screen telephone calls or messages.

((5.1) amended July 20, 2026, P.L.532, No.47)

Section 5.2. Unwanted telephone solicitations prohibited. (Hdg. amended July 20, 2026, P.L.532, No.47)

(a) Prohibition.--No telemarketer shall initiate or cause to be initiated a telephone solicitation to a telephone number of a residential, wireless or business telephone subscriber who does not wish to receive telephone solicitations and has caused 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 telephone subscriber's name, address and residential, wireless or business telephone number. In the event that the Federal Trade Commission and/or the Federal Communications Commission establish a national No Call Registry, the Director of the Bureau of Consumer Protection in the Office of Attorney General is authorized to release to the list administrator of such national No Call Registry sufficient data to include all those residential, wireless and business telephone subscribers currently enrolled on the do-not-call list and any residential, wireless or business telephone subscribers who subsequently enroll with the Bureau of Consumer Protection in the Office of Attorney General. Prior to releasing any such data to a national No Call Registry, the Bureau of Consumer Protection in the Office of Attorney General shall provide those residential, wireless and business telephone subscribers currently enrolled with the opportunity to remove their information from the do-not-call list. ((a) amended July 20, 2026, P.L.532, No.47)

(b) Listings.--Telemarketers making telephone solicitations shall quarterly obtain listings of residential, business and wireless telephone subscribers in this Commonwealth who have arranged to have their names, addresses 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. ((b) amended July 20, 2026, P.L.532, No.47)

(c) Duration.--A listing on a do-not-call list shall be maintained until the telephone number is no longer valid for the residential, business or wireless telephone subscriber or until the subscriber requests to have the telephone number removed from the list. ((c) amended Oct. 4, 2019, P.L.447, No.73)

(d) Fee limitation.--No list administrator may impose a fee for copies of a do-not-call list which exceeds the costs incurred by the list administrator in the production, preparation and distribution of that list or at a fee authorized by 16 CFR 310.8 (relating to severability).

(e) Affirmative defense.--A telemarketer is not in violation of this section if all of the following are satisfied:

(1) The telemarketer has established and implemented written procedures to comply with this section. ((1) amended July 20, 2026, P.L.532, No.47)

(2) The telemarketer has trained the telemarketer's personnel in the procedures. ((2) amended July 20, 2026, P.L.532, No.47)

(3) The telemarketer acting on behalf of the seller has maintained and recorded lists of residential, business or wireless telephone subscribers who may not be contacted.

(4) Any subsequent call is the result of error.

((e) amended Oct. 4, 2019, P.L.447, No.73)

(f) Attorney General.--The list administrator shall provide the Office of Attorney General with a copy of each quarterly do-not-call list.

(g) Restrictions on use of do-not-call list.--No person or business, telemarketer or otherwise shall use a list administrator's do-not-call list for any purpose other than to remove residential, business or wireless telephone subscribers from telephone solicitation lists. ((g) amended July 20, 2026, P.L.532, No.47)

(h) Disclosure to residential, business or wireless telephone subscribers.--Each local exchange telephone company, competitive local exchange telephone company, long-distance interexchange carrier company, Internet service provider that provides telephone service and affiliated companies providing telecommunications billing service shall clearly notify its residential, business or wireless telephone subscribers in this Commonwealth of their ability to contact the list administrator which accepts individual names, addresses and telephone numbers of persons who do not wish to receive telephone solicitations. 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 local telephone directory of general circulation. The notification shall specify the methods by which residential, business and wireless subscribers may place their names on the do-not-call list and how often renewal is necessary. ((h) amended July 20, 2026, P.L.532, No.47)

(i) Contract.--If the Bureau of Consumer Protection has not entered into a contract with a list administrator within 90 days of the effective date of this section after a good faith effort to do so, the bureau may contract with any nonprofit organization to carry out the provisions of this section.

(j) Identification.--No telemarketer shall fail to provide a residential, business or wireless telephone subscriber with the name of the caller, the name of the person or entity on whose behalf the call is being made and, upon request, a telephone number or address at which the person or entity may be contacted. If a telemarketer makes a solicitation using a robocall, the telephone number may not be a 900 number or any other number for which charges exceed local or long-distance transmission charges. ((j) amended Oct. 4, 2019, P.L.447, No.73)

(k) Investigation, enforcement and reporting.--

(1) The Bureau of Consumer Protection in the Office of Attorney General shall investigate any complaints received concerning violations of this section. If, after investigating any complaint, the Attorney General finds that there has been a violation of this section, the Attorney General may bring an action to impose a civil penalty and to seek other relief, including injunctive relief, under the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.

(2) The Attorney General shall remit 10% of any civil penalty collected under this section to the person filing the complaint leading to the civil penalty. In no event, however, shall the amount of this remittance exceed $100 for any person.

(3) On or before November 30 of each year, the Attorney General shall submit to the General Assembly a report detailing investigations and enforcement actions taken under this section during the preceding Commonwealth fiscal year. The report shall include, but not be limited to, the number of complaints received under this section, the nature of those complaints, the number of investigations and enforcement actions instituted by the Attorney General, a summary of the results of those investigations and enforcement and the amount of any civil penalties collected.

(l) Robocall requirements.--

(1) A telemarketer or telemarketing business that uses robocalls:

(i) Shall establish a procedure, consistent with the requirements under subparagraph (ii), for a called party to opt out of receiving future telephone solicitations from that telemarketer or telemarketing business and be immediately taken off the telemarketer's call list. ((i) amended July 20, 2026, P.L.532, No.47)

(ii) Shall provide notice to a called number, at the beginning of the call, stating how a called party can opt out of receiving future telephone solicitations from that telemarketer or telemarketing business. Immediate opt out shall be available through an automated, interactive voice-activated or key-press-activated opt-out mechanism for the called party to make a do-not-call request, including brief explanatory instructions on how to use the opt-out mechanism, within two seconds of disclosing the name of the caller and the name of the person or entity on whose behalf the call is being made. The called party shall be able to opt out throughout the duration of the call. ((ii) amended July 20, 2026, P.L.532, No.47)

(iii) May not require a called party's written consent as a condition to opt out of future telemarketing calls. ((iii) amended July 20, 2026, P.L.532, No.47)

(iv) May not consider the action of opting out as the creation of an established business relationship.

(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 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 party's number to the do-not-call list of the telemarketer or telemarketing business. ((2) amended July 20, 2026, P.L.532, No.47)

((l) added Oct. 4, 2019, P.L.447, No.73)

(5.2 amended Sept. 12, 2003, P.L.105, No.22)

Section 6. Violations.

(a) Other law.--A violation of this act is also a violation of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.

(b) Second or subsequent offense.--((b) deleted by amendment July 20, 2026, P.L.532, No.47)

(c) Procedure.--((c) deleted by amendment July 20, 2026, P.L.532, No.47)

Section 7. Remedies available to consumers.

Nothing in this act shall be construed to limit the remedies available to consumers, the Attorney General or any district attorney under the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, or any other State or Federal law.

Section 8. Burden of proof.

(a) Proceeding under this act.--In any civil proceeding alleging a violation of this act, the burden of proving an exemption or an exception from a definition is upon the person claiming it, and, in any criminal proceeding alleging a violation of this act, the burden of producing evidence to support a defense based upon an exemption or an exception from a definition is upon the person claiming it.

(b) Other proceedings.--Compliance with this act does not satisfy nor substitute for any requirements for license, registration or regulation mandated by other laws.

Section 9. Investigation.

(a) Authority.--If the Attorney General has reason to believe that a violation of this act has occurred, the Attorney General shall have authority to investigate on behalf of the Commonwealth, its citizens or a political subdivision.

(b) Procedure.--Prior to the institution of a civil action, the Attorney General is authorized to require the attendance and testimony of witnesses and the production of documents. For this purpose, the Attorney General may issue subpoenas, examine witnesses and receive evidence. If a person objects to or otherwise fails to comply with a subpoena or request for testimony, the Attorney General may file in Commonwealth Court an action to enforce the subpoena or request. Notice of hearing the action and a copy of all pleadings shall be served upon the person who may appear in opposition.

(c) Confidentiality.--Any testimony taken or material produced shall be kept confidential by the Attorney General except to the extent the Attorney General may use information in a judicial proceeding or if the disclosure is authorized by the court for good cause shown or confidentiality is waived by the person being investigated and by the person who has testified, answered interrogatories or produced materials. ((c) amended July 20, 2026, P.L.532, No.47)

Section 10. Effective date.

This act shall take effect in 90 days.