§ 2245. Unlawful acts and penalties
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 73 P.S. Trade and CommerceEffective: December 3, 2019
Effective: December 3, 2019
73 P.S. § 2245
§ 2245. Unlawful acts and penalties
(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. A seller or telemarketer will not be liable for violating the provisions of this paragraph if:
(ii) Express oral authorization which is tape recorded and made available upon request to the customer's bank and customer and which evidences clearly both the customer's authorization of payment for the goods and services that are the subject of the sales offer and the customer's receipt of all of the following information:
(G) A statement that the transaction is one for which the customer may receive a full refund by returning undamaged and unused consumer goods within ten days after receiving them or by sending a cancellation of service notice to the telemarketer or telemarketing business within five days after the transaction and that a refund shall be processed within 30 days after receiving the returned goods or cancellation from the customer. The statement required by this clause need not be provided to the consumer orally by telephone if it is provided in writing with advertising, promotional material or with delivery of the goods or services. A seller who discloses in writing that a sale is made or provided “SATISFACTION GUARANTEED,” with “FREE INSPECTION” or “NO RISK GUARANTEE” with similar words or phrases shall be deemed to meet the requirements of the review and return for refund policy set forth in this clause.
(4) Requesting or receiving payment of any fee or consideration from a person for goods or services represented to recover or otherwise assist in the return of money or any other item of value paid for by or promised to that person in a previous telemarketing transaction until seven business days after such money or other item is delivered to that person. This provision shall not apply to goods or services provided to a person by a licensed attorney.
(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 goods or services offered.
(2) The transaction was made as a result of prior negotiations by the consumer and telemarketer or telemarketing business, where the consumer visited a merchant operating a retail business establishment in a permanent location where consumer goods are displayed or offered for sale on a continuing basis.
(i) The transaction is one for which the consumer may receive a full refund upon the return of undamaged and unused consumer goods within ten days of receipt of the consumer goods or upon sending a cancellation of consumer service notice to the telemarketer or telemarketing business within five days of the transaction.
(ii) The return and refund policy is disclosed to the consumer orally by telephone or in writing with the advertising, promotional material or with delivery of the goods or services. A seller who discloses in writing that a sale is made or provided “SATISFACTION GUARANTEED,” with “FREE INSPECTION” or “NO RISK GUARANTEE” or with similar words or phrases shall be deemed to meet the requirements of the review and return policy set forth in this subparagraph.
(4) The transaction is a result of the consumer examining an advertisement, sample, brochure or catalog of the telemarketer or telemarketing business which contains the name, address and telephone number of the telemarketer or telemarketing business, a description of the goods or services and any limitations or restrictions that apply to the offer.
Credits
1996, Dec. 4, P.L. 911, No. 147, § 5, effective in 90 days. Amended 2003, Sept. 12, P.L. 105, No. 22, § 1.1, imd. effective; 2019, Oct. 4, P.L. 447, No. 73, § 2, effective in 60 days [Dec. 3, 2019].
73 P.S. § 2245, PA ST 73 P.S. § 2245
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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