Hello TCPAworld, it’s been a minute, but your Duchess is back in blogger mode. Never at the level of greatness as the Czar but I mean who can be, the speeds at which he consumes information is insane.
I was sifting through all the new legislative bills for the states that are in session when one caught my eye, wiretapping. Queenie and the Baroness have been bringing you all the updates over on CIPAworld, if you are not following you should, and besides California the other active state where similar wiretapping cases have been gaining traction is Pennsylvania. When I saw a new bill making rounds in Pennsylvania I made all the assumptions about what the new amendment might be and I was way off!
I thought maybe clarifying language was being added, wrong, wrong, wrong. It’s adding an exception for one-party consent to TELEMARKETING calls for the purpose of enforcement.
When it comes to recording phone calls most states are similar to the federal general guidance of one-party consent to call recording but Pennsylvania is an all-party consent state. This means that clear consent needs to be given by you guessed it all parties.
But in an effort by current legislators in PA there is an attempt to amend the current statute to allow one party consent when it comes to recording TELEMARKETING calls by the recipient of the call. Here is how HB1278 reads:
- 5704. Exceptions to prohibition of interception and disclosure of communications. It shall not be unlawful and no prior court approval shall be required under this chapter for:
(20) A PERSON TO INTERCEPT THE WIRE COMMUNICATIONS OF A TELEMARKETER, TELEMARKETING BUSINESS OR AN INDIVIDUAL OR ENTITY THAT INITIATES ROBOCALLS, AS THOSE TERMS ARE DEFINED IN SECTION 2 OF THE ACT OF DECEMBER 4, 1996 (P.L.911, NO.147), KNOWN AS THE TELEMARKETER REGISTRATION ACT, PROVIDED THAT THE PERSON WHO RECEIVED THE TELEPHONE CALL HAS CONSENTED TO THE INTERCEPTION, FOR PURPOSES OF ENFORCING ANY OF THE FOLLOWING:
(I) 47 U.S.C. § 227 (RELATING TO RESTRICTIONS ON USE OF TELEPHONE EQUIPMENT).
(II) THE ACT OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW.
(III) THE TELEMARKETER REGISTRATION ACT.
TCPAworld has been keeping you apprised of all the going ons from the FTC, FCC and the states. There is a real effort to bring the telemarketing industry to its knees and it is alive and well and coming from all angles. There is still hope though, REACH is really out there fighting the fight for the good guys! I will be keeping a watchful eye on the progress of HB1278.