Pennsylvania Statutes Title 73 P.S. Trade and Commerce § 2244. Registration and application process

(a) Application form.--The Office of Attorney General shall provide an application form for biennial registration except for those persons or businesses covered by subsection (c). The form shall include, but not be limited to, the following information:

(1) Name and current address, telephone number and location of the telemarketer or telemarketing business.

(2) Name and current address and telephone number of each principal owner of the telemarketing business.

(3) A list of telemarketers currently employed by the telemarketing business.

(b) Security.--The application for registration completed by persons or businesses pursuant to subsection (a) shall be accompanied by a surety bond in the sum of $50,000 with conditions and in a form prescribed by the Office of Attorney General.  The bond shall provide for the indemnification of any person suffering a loss as the result of any fraud, misrepresentation, violation of section 5   1 or violation of the act of December 17, 1968 (P.L. 1224, No. 387),  2 known as the Unfair Trade Practices and Consumer Protection Law, by the principal.  The term of the bond shall be continuous, but it shall be subject to cancellation by the surety in the manner described in this section.  The surety may terminate the bond upon giving a 60-day written notice to the principal and to the Office of Attorney General, but the liability of the surety for acts of the principal and its agents shall continue during the 60 days' notice of cancellation.  The notice does not absolve the surety from liability which accrues before the cancellation becomes final but which is discovered after that date and which may have arisen at any time during the term of the bond.  Unless the bond is replaced by that of another surety before the expiration of the 60 days' notice of cancellation, the registration of the principal under this act will be treated as lapsed.  Any person or business required under this section to file a bond with a registration application may file, in lieu thereof, cash, a certificate of deposit or government bonds in the amount of $50,000.  Such deposit is subject to the same terms and conditions as are provided for in the surety bond required in this subsection.  The Office of Attorney General shall hold such cash, certificate of deposit or government bonds for a reasonable period from the date the telemarketer or telemarketing business ceases to operate or registration lapses in order to pay claims made against the telemarketer or telemarketing business during its operation.  Any interest or earnings on such deposits are payable to the depositor.  If, after registered, the amount of bond, cash, certificate of deposit or government bonds falls below the amount required by this subsection, the registration of the telemarketer or telemarketing business will be treated as lapsed.  The Office of Attorney General shall prescribe the methods and procedures for handling claims under this subsection.

(c) Registration procedure for other businesses.--The Attorney General shall promulgate regulations providing for the registration of persons and businesses that are licensed by, certificated by or registered with a Federal or State agency but who engage in telemarketing related to activities outside the scope of the business for which such licensure, certification or registration is required.  Regulations adopted under this subsection shall not apply to any person or business that is otherwise exempt from registration under this act.

(d) Application fee.--The biennial fee for those persons or businesses registering under subsection (a) shall be $500.  The fee must be submitted with the application.  Application fees shall be deposited in a separate restricted account in the State Treasury.  All moneys in this account are hereby appropriated to the Office of Attorney General on a continuing basis to administer and enforce the provisions of this act.

(e) Rules and regulations.--The Office of Attorney General may adopt rules and regulations necessary to enforce and administer this act.

1 73 P.S. § 2245.
2 73 P.S. § 201-1 et seq.

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