Under a newly amended law, Pennsylvania recipients of telemarketing and robocalls will soon be able to record their calls—despite Pennsylvania’s status as an all-party consent law.
The change, which will take effect on February 12, 2024, comes after Governor Josh Shapiro signed House Bill 1278 into law. The bill, which can be read in full here, amends and extends the state’s Wiretapping and Electronic Surveillance Control Act.
However, it’s the amendment’s addition of a new exception to all-party consent laws that should have the attention of brands making outbound calls into the Quaker State.
According to the Tribune-Democrat newspaper, Pennsylvania State Rep. Tim Bonner brought the amendment, citing the $40 billion lost annually to telemarketing fraud.
It is worth noting that, under the language added to the books, recording of telemarketing and robocalls without caller consent is only permitted given that it’s “for the purposes of enforcing” the TCPA, the Pennsylvania Unfair Trade Practices and Consumer Protection Law, and the Pennsylvania Telemarketer Registration Act.
As Angelika Munger writes at TCPAWorld, the move effectively enlists citizens in the state’s attempt to enforce its telemarketing regulations. As a result, there may be an uptick in legal action within the state, rightly or wrongly.
Nevertheless, come February, when the bill takes effect, it’s unlikely to have a significant effect on brands calling compliantly into and within Pennsylvania. But with the prospect of customers and leads potentially recording these calls, there will be all the more reason to double down on a comprehensive approach to call center compliance.
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