Shown verbatim: the complete text as captured from the official page posted by the Pennsylvania General Assembly, fetched 2026-08-29. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the current version. The official bill page.
HOUSE AMENDED PRIOR PRINTER'S NOS. 1144, 1159, 1286 PRINTER'S NO. 1649 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No. 992 Session of 2025 INTRODUCED BY BROOKS, MARTIN, BROWN, TARTAGLIONE, HUTCHINSON, HAYWOOD, COMITTA, BARTOLOTTA, FONTANA, LAUGHLIN, SANTARSIERO, COSTA, KANE, MILLER AND PISCIOTTANO, SEPTEMBER 5, 2025 AS REPORTED FROM COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND UTILITIES, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 28, 2026 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 telephone solicitation calls prohibited, for violations and for investigation. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. The definitions of "consumer goods and services," "do-not-call list, "list administrator," "robocall," "telemarketer," "telemarketing," "telemarketing business" and "telephone solicitation call" in section 2 of the act of December 4, 1996 (P.L.911, No.147), known as the Telemarketer Registration Act, are amended and the section is amended by adding definitions to read: 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: * * * "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. "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 [solicitation calls] solicitations. * * * "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 [solicitation calls] 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 [solicitation calls] 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. * * * "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) S tates 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). * * * "Robocall." A telephone solicitation [call made to a large number of people, using a computerized autodialer, to deliver a prerecorded telemarketing message.] that uses an automated dialing system to deliver prerecorded or artificial voice calls or messages. "Telemarketer." Any person or business which, in connection with telemarketing, initiates or receives telephone calls [to or from a consumer] 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. [For purposes of registration under section 3(a), "telemarketer" does not include any of the following: (1) A person or business soliciting sales through a catalog which: (i) Contains a written description or illustration and price of each of the goods or services offered for sale. (ii) Includes the business address of the seller. (iii) Includes at least 24 pages of written material or illustration. (iv) Is distributed in more than one state. (v) Has been issued not less frequently than 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 who does not complete the sales presentation during the telephone solicitation, but completes the sales presentation at a later face-to-face meeting between the solicitor and the prospective purchaser, or who offers to send the purchaser descriptive literature and does not require payment prior to the purchaser's review of the descriptive literature. However, if a seller, directly following a telephone solicitation, causes an individual whose primary purpose it is to go to the prospective purchaser to collect the payment, this exemption does not apply. (3) A book, video or record club or contractual plan or agreement: (i) under which the seller provides the consumer with a form which the consumer may use to instruct the seller not to ship the offered merchandise; (ii) which is regulated by the Federal Trade Commission trade regulation concerning "use of negative option plans by sellers in commerce"; or (iii) which provides for the sale of books, records or videos which are 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 consumer who has consented in advance to receive such merchandise on a periodic basis. (4) A person or business conducting a business-to- business sale where the selling business has been operating continuously for at least three years under the same business name and has at least 50% of its dollar volume consisting of a repeat sales to existing businesses. (5) A person or business engaged in a business or occupation which is 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 a professional solicitor, who is neither registered nor exempt from registration under this act, is utilized: (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 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. (ii) Hospitals which are subject to regulation by the Department of Health or the Department of Public Welfare and the hospital foundation, if any, which is an integral part thereof. (iii) Public nonprofit library organizations which receive financial aid from State and municipal governments and file an annual fiscal report with the State Library System. (iv) Senior citizen centers and nursing homes which are nonprofit and charitable and which have been granted tax-exempt status under the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.). (v) Bona fide parent/teacher associations or parent/teacher organizations as recognized in a notarized letter from the school district in which they are located. (vi) Any corporation established by an act of Congress of the United States that is required by Federal law to submit annual reports of its activities to Congress containing itemized accounts of all receipts and expenditures after being fully audited by the Department of Defense. (vii) Any charitable organization which receives contributions of $25,000 or less annually. (7) A person or business soliciting business from 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. (8) A person or business primarily soliciting the sale of a newspaper, magazine or other periodical of general circulation where the business which publishes the newspaper, magazine or other periodical of general circulation has been operating continuously for at least two years under the same business name; the person soliciting is an employee of the publisher or an employee of an agent of the publisher and the person soliciting discloses the following during the initial contact: the total costs to purchase, receive or use and the quantity of the newspapers, magazines or other periodicals of general circulation that are the subject of the sales offer. For the purposes of this paragraph, the term "agent" means a person or business which has entered into a written agreement directly with the publisher. (9) A person or business, or an agent of such person or business, which has been operating for at least two years a retail business establishment in this Commonwealth under the same name as that used in connection with telemarketing and both of the following occur on a continuing basis: (i) Either products are displayed and offered for sale or services are offered for sale and provided at the business establishment. (ii) A majority of the seller's business involves buyers obtaining such products or services at the seller's location. For the purposes of this paragraph, the term "agent" means a person or business which has entered into a written agreement directly with the retail business establishment. (10) Any person or business which has been providing telemarketing services continuously for at least five years under the same ownership and control and who derives 75% of its gross telemarketing sales revenues from contracts with persons or businesses exempted in 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 which costs the purchaser in excess of $500 where the person or business selling the food or produce has been operating 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 which is subject to section 12 of the Securities Exchange Act of 1934 (48 Stat. 881, 15 U.S.C. § 78l) and which is either registered or exempt from registration under paragraph A, B, C, E, F, G or H of subsection (g)(2) of that section.] "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 call or message. TELEPHONE [CALL.] 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. "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. ["Telephone solicitation call." A call made to a residential, business or wireless telephone subscriber for the purpose of soliciting the sale of any consumer goods or services or for the purpose of obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for that purpose. The term does not include a call made to a residential, business or wireless telephone consumer: (1) In response to an express request of the residential, business or wireless telephone consumer. (2) In reference to an existing debt, contract, payment or performance. (3) With whom the 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 section 501(c)(3), (5) or (8) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.) or a veterans organization chartered by the Congress of the United States and or its duly appointed foundation. (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 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. Section 2. Section 3(a) and (b) of the act are amended and the section is amended by adding a subsection to read: Section 3. Registration requirement. (a) [General rule] Requirement.--In addition to any other requirements imposed by law, a telemarketer or the telemarketing business which employs the telemarketer [is] 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 [will] shall not apply[, however, to persons or businesses] 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. (b) Unlawful conduct.--It shall be unlawful for [any] a telemarketer to initiate a telephone call [to or receive a telephone call from a consumer in connection with the purchase of consumer goods] 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.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 rule concerning recurring subscriptions and other negative option programs); 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. * * * Section 3. Section 5(a)(1), (2), (5), (6), (7), (8), (9) and (10) and (c)(1), (2), (3) and (4) of the act are amended and subsection (a) is amended by adding paragraphs to read: Section 5. Unlawful acts and penalties. (a) Acts enumerated.--The following acts are prohibited: (1) [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. or before 9 a.m. (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. 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 [will] shall not be liable for violating the provisions of this paragraph if: (i) [he] the seller or telemarketer has established and implemented written procedures to comply with this paragraph; (ii) [he] the seller or telemarketer has trained his personnel in the procedures; (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; and (iv) any subsequent call is the result of error. * * * (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 applicable, what the telemarketer or telemarketing business is selling. (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. (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 provided in subsection (d). (8) Failing to end a [telemarketing solicitation call when the consumer indicates he wants to end the call.] telephone solicitation when a called party indicates the called party wants to end the call or message. (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. (10) [Making a telephone solicitation call] Initiating or causing to be initiated a telephone solicitation or message on a legal holiday. (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. (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 or messages . (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. * * * (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. (2) The total price of the consumer goods or services purchased or rented. (3) A detailed description of the consumer goods and services purchased or rented which shall match the oral description given in the [telemarketing] telephone solicitation. (4) Any oral or written representations made during the [telemarketing] telephone solicitation. * * * Section 4. Sections 5.1, 5.2 heading, (a), (b), (e)(1) and (2), (g), (h) and (l)(1)(i), (ii) and (iii) and (2), 6(b) and (c) and 9(c) of the act are amended to read: 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 [call when the equipment or service used by the telemarketer is capable of creating and transmitting the telemarketer's name or telephone number]; 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. Section 5.2. Unwanted telephone [solicitation calls] solicitations prohibited. (a) [General rule] Prohibition.--No telemarketer shall 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 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. (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 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. * * * (e) Affirmative defense.--A telemarketer is not in violation of this section if all of the following are satisfied: (1) [He] The telemarketer has established and implemented written procedures to comply with this section. (2) [He] The telemarketer has trained [his] the telemarketer's personnel in the procedures. * * * (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 [sales call] solicitation lists. (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 [solicitation calls] 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. * * * (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 [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. (ii) Shall provide notice to a called number, at the beginning of the call, stating how a called [person] party can opt out of receiving future telephone [solicitation calls] 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 [person] 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 [person] party shall be able to opt out throughout the duration of the call. (iii) May not require a called [person's] party's written consent as a condition to opt out of future telemarketing calls. * * * (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 [person's] party's number to the do-not-call list of the telemarketer or telemarketing business. Section 6. Violations. * * * [(b) Second or subsequent offense.--Upon a second or subsequent violation of this act, the Office of Attorney General may seek revocation of registration or the right to conduct telemarketing in this Commonwealth. (c) Procedure.--All actions of the Office of Attorney General under this act shall be taken subject to the right of notice, hearing and adjudication and the right of appeal therefrom in accordance with 2 Pa.C.S. (relating to administrative law and procedure).] Section 9. Investigation. * * * (c) Confidentiality.--Any testimony taken or material produced shall be kept confidential by the Attorney General except to the extent [he] 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. Section 5. This act shall take effect in 90 days.
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