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Reminder – Extensive Amended State Telemarketing Law Takes Effect October 18th
Is Your Company Ready to Meet New Compliance Obligations?
Senate Bill 992 an Act amending the act of December 4, 1996 (P.L.911, No.147), known as the Telemarketer Registration Act, 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.
Among other things this new law folds text messaging, robocalls, caller ID spoofing, and electronic consent squarely into the state’s telemarketing framework.
Businesses have until October 18, 2026, to get their compliance programs in place.
Texting = Telemarketing
Under Pennsylvania’s amendments marketing texts are telephone solicitations.
Telephone Solicitation ‘Prior Consent’ Exclusions
The new law narrows the “telephone solicitation” exclusion for consented communications. Under the old law, a marketing communication made with the recipient’s express consent was not a telephone solicitation. Under the amended law, the exclusion only extends to marketing communications made with prior express written consent that would include a signed agreement, an online form submission, a website checkbox, or similar written authorization.
Other “telephone solicitation” exclusions remain, including communications:
- tied to an existing debt, contract, payment, or performance obligation;
- made within an established business relationship; and
- made on behalf of qualifying charitable, political, or veterans’ organizations.
Calling Hours Narrowed and Sunday Calls are OUT!
Pennsylvania is also tightening the calling window. Effective October 18, telephone solicitations are prohibited:
- before 9:00 a.m.;
- after 7:00 p.m.; or
- at any time on Sundays.
These new hours are narrower than the old 8:00 a.m. to 9:00 p.m. window, which mirrored the federal standard, and Sunday calls are strictly prohibited.
Stop Texts Means More Than “STOP”
Pennsylvania’s new telemarketing law includes a much broader list of opt-out keywords as valid requests to communicate intent to stop receiving telephone solicitation texts. Valid requests now include STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, and UNSUBSCRIBE. If your texting platform is only built to catch “STOP,” it isn’t compliant anymore, so it’s worth reviewing your keyword list before the law takes effect.
New Robocall Framework
Pennsylvania new law expands the robocall framework, redefining a “robocall” as a telephone solicitation delivered through an automated dialing system with a prerecorded or artificial voice message.
Prior express written consent is required before placing a robocall to a residential, business, or wireless line. That standard largely tracks federal law. Note that Pennsylvania law also confirms that electronic and digital signatures satisfy it if consistent with the federal E-SIGN Act.
The law also bans:
- unfair or deceptive practices used to obtain consent; and
- synthetic or computer-generated messaging used to defraud, deceive, or mislead consumers.
The updated robocall framework is a clear signal that Pennsylvania, like regulators elsewhere, is watching AI-generated voice and messaging technology closely. Any business using prerecorded, artificial-voice, or AI-generated calls or texts should confirm its consent practices hold up under the new Pennsylvania standard.
Caller ID Spoofing Remains Major Risk
Telemarketers may not falsify their name or number when making a solicitation call. Notably, this prohibition skips the intent standard built into federal caller ID prohibitions, meaning false caller ID information could create exposure even without proof the business meant to deceive anyone. Be sure to take a fresh look at your caller ID practices.
Registration Exemptions Get Reorganized
Under the new law, anyone whose calls or messages don’t meet the definition of “telephone solicitation” do not have to register as a telemarketer. Several existing registration exemptions are also preserved, including exemptions for certain business-to-business communications and businesses already licensed or registered with a federal or Pennsylvania agency. Be sure to reassess your company’s registration status.
Federal Violations Now Include Pennsylvania Fines
The Pennsylvania amended statute expressly prohibits deceptive or abusive telemarketing practices that violate the FTC’s Telemarketing Sales Rule or the FCC’s caller ID requirements. In practice, that means a federal compliance misstep can now create exposure under Pennsylvania law too.
