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PENNSYLVANIA SB 992: Signed by the Governor

I wrote about this topic a week ago; now it is official.  And as no shock to anyone with a functioning brain, Governor Shapiro has signed Senate Bill 992 into law.  Pennsylvania now has a mini-TCPA with real teeth.  The compliance clock runs 90 days, which puts the effective date at October 18, 2026.  Between now and then, the statute reaches text messages, voicemails, and ringless voicemails; bans telemarketing on Sundays and outside 9:00 a.m. to 7:00 p.m. on other days; requires prior express written consent for robocalls; prohibits AI-generated deception and caller ID spoofing; and extends liability to the company that hired the telemarketer, not just the one dialing.  Penalties run up to $1,000 per violation, and $3,000 where the consumer is 60 or older.  Because violations also violate the UTPCPL, consumers have a private right of action.  Expect the plaintiffs’ bar to notice.

The good news for legitimate businesses is that the consent safe harbor survived intact. Communications made with prior express written consent, or under an established business relationship within the past 12 months, fall outside the definition of telephone solicitation, which means no registration and no quiet hours.  That safe harbor is only as strong as your records, though.  If you cannot reconstruct consent per number and per campaign years after the fact, you do not have it.  Ninety days is enough time to audit your consent files, add Pennsylvania suppression rules to your dialer and messaging platforms, and paper your vendor contracts.  It is not enough time to do all three in October.

For a more detailed evaluation of the law.  See my article linked below:

 

PENNSYLVANIA SB 992: What Business Leaders Need to Know About the New Telemarketing Law

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