- Federal Law (TCPA): Requires telemarketers to get written consent for automated or prerecorded calls. Fines can reach $500-$1,500 per call for violations.
- Pennsylvania Law: Adds stricter rules like mandatory telemarketer registration, a $10,000 bond, and fines up to $1,000 per violation. It also requires annual renewal for residents on the state’s Do-Not-Call (DNC) list.
- Enforcement: Federal laws are enforced by the FTC and FCC, while Pennsylvania’s Attorney General handles state law violations.
- Do-Not-Call Lists: Federal registration is free and permanent, while Pennsylvania requires a $30 annual fee and renewal.
Quick Comparison
| Feature | Federal Law (TCPA) | Pennsylvania Law |
|---|---|---|
| Consent Required | Written consent for automated calls | Same as federal |
| Fines | $500-$1,500 per call | Up to $1,000 per violation |
| DNC Registration | Free, one-time registration | $30 annual fee, renewal required |
| Enforcement | FTC, FCC | Pennsylvania Attorney General |
| Exemptions | Political, charity, survey calls | Adds real estate calls exemption |
Both laws aim to protect consumers from telemarketing abuse, but Pennsylvania adds localized enforcement and stricter requirements. If you’re dealing with violations, consider using ReportTelemarketer.com to simplify the complaint process.
NEW FTC Telemarketing Regulation – BIG CHANGES
Key Differences in Consumer Protection
Federal and state laws take different approaches to protecting consumers, especially when it comes to telemarketing rules.
The Telephone Consumer Protection Act (TCPA) requires telemarketers to get prior express written consent before making prerecorded calls or using automated dialers. Violating this federal law can result in penalties of up to $500 per call, with fines increasing to $1,500 per call for intentional violations.
Pennsylvania adds another layer of protection through its Telemarketer Registration Act. Telemarketing companies must register with the state Attorney General and post a $10,000 bond. Additionally, Pennsylvania law enforces fines of up to $1,000 per violation and requires restitution for consumers impacted by illegal practices [2].
Next, let’s look at how these rules are enforced by regulators.
How Laws Are Enforced
Federal and Pennsylvania telemarketing laws are handled by different agencies, each with its own responsibilities and powers. Here’s a breakdown of how enforcement works at both levels.
Federal Law Enforcement
Two key agencies manage federal telemarketing laws: the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC). The FTC enforces Do‑Not‑Call rules, issuing civil penalties and injunctions against violators. Meanwhile, the FCC focuses on automated-call restrictions under the TCPA, imposing fines for violations.
Pennsylvania Law Enforcement
In Pennsylvania, the Attorney General’s Bureau of Consumer Protection takes the lead. This office investigates violations of the state’s Telemarketer Registration Act and handles civil actions. The Attorney General can file lawsuits, impose fines of up to $1,000 per violation, mandate restitution for consumers, and even revoke telemarketer bonds.
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Steps to Report Violations
If federal or state agencies can’t put a stop to unwanted calls, ReportTelemarketer.com offers another option. Once regulators have done all they can, you can escalate the issue through this platform.
Here’s how to report telemarketing violations for free using ReportTelemarketer.com:
- Provide details: Fill out the online form with the call’s date, time, phone number, and content.
- Verification process: The platform checks public records to verify the caller and reviews whether you gave consent.
- Take action: They can send cease-and-desist letters, file formal complaints, or take additional enforcement steps.
ReportTelemarketer.com ensures violators cover attorney fees, so there’s no cost to you.
Law Comparison Chart
Here’s a quick look at the main differences between the Federal DNC Registry and Pennsylvania’s DNC List:
- Coverage: The Federal DNC Registry applies nationwide, while Pennsylvania’s list is limited to state residents.
- Registration: Federal registration is a one-time, free online process. Pennsylvania requires a $30 annual fee.
- Renewal: Federal registration is permanent, but Pennsylvania’s list requires annual renewal.
- Exemptions: Both lists exclude political, charity, and survey calls. Pennsylvania also exempts real estate calls.
- Enforcement: The Federal Trade Commission (FTC) can impose fines of up to $43,792 per violation. Pennsylvania’s Attorney General (AG) can fine up to $1,000 per call.
- Complaint Process: Complaints for the federal list are filed through the FTC’s online form, while Pennsylvania uses the AG office’s portal.
These distinctions influence the speed of enforcement and the penalties imposed. Use this comparison to determine where to file your complaint.
Summary of Main Differences
Here are four key areas where state and federal regulations differ:
Registration Requirements
At the federal level, consumers only need to register once for free on the National Do-Not-Call Registry. In Pennsylvania, however, residents must complete a separate state registration each year, which comes with a small fee.
Enforcement and Penalties
Federal agencies like the FTC and FCC impose higher fines for violations. In contrast, Pennsylvania’s Attorney General enforces lower per-call penalties but provides quicker, localized enforcement.
Exemptions
While both federal and Pennsylvania laws exempt calls related to political campaigns, charities, and surveys, Pennsylvania also exempts solicitations for real estate.
Filing Complaints
Consumers can submit complaints through the National Do-Not-Call Registry via the FTC or directly to Pennsylvania’s Attorney General. For added convenience, ReportTelemarketer.com simplifies the complaint process and ensures violations are addressed without charging users.
