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.