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.
What changed between versions
The definition of 'prior express written consent' was broadened to remove the requirement that the agreement must be executed between a called party and a 'specific and individual' seller, allowing for more flexible consent arrangements.
A new definition was added clarifying that a person or business is not engaged in telemarketing if their calls do not meet the legal requirements for a telephone solicitation.
New exemptions were added for book, video, or record clubs that use negative option forms, and for educational institutions whose curricula are accredited by bodies recognized by the Department of Education.
A new exemption covers charitable organizations that receive $25,000 or less annually, removing them from certain telemarketing registration requirements.
Exemptions were expanded to include businesses operating continuously for at least three years with at least 50% of their volume coming from repeat sales to existing businesses.
The requirement for 'prior express written consent' for robocalls was modified to allow consent to be given by any seller, not just a specific individual seller, and the definition of 'telemarketing business' was updated to remove the minimum employee count requirement.
New text was added to clarify that consumers can opt out of text message solicitations by responding with specific keywords like 'STOP' or 'UNSUBSCRIBE'.
The definition of 'telephone solicitation' was expanded to include calls made for the purpose of obtaining information that will be used for direct solicitation or credit extension.
The disclosure requirement during initial contact was updated to require stating what the telemarketer is selling, if applicable.