Pennsylvania's New Texting and Robocall Law Is Now in Effect. Does Your Marketing Vendor Put You at Risk?
A home services company in Montgomery County hires a lead generation agency to fill its fall schedule. The agency buys a list, loads it into a texting platform, and sends a promotion on a Sunday afternoon. Some of the numbers belong to customers who replied "STOP" last spring. Some belong to other businesses.
The owner never saw the list. The owner never pressed send. The texts still went out to promote the owner's company.
Since October 19, 2026, that campaign is the kind of conduct Pennsylvania's amended Telemarketer Registration Act is written to reach.
This article is written for owners, executives, and counsel at Pennsylvania businesses that market by phone or text, especially those that hire an agency, a call center, or a software platform to do it.
If your marketing vendor sends the calls or texts, is your company still exposed under Pennsylvania law?
Short answer: It can be. Act 47 of 2026 prohibits "initiating or causing to be initiated" a range of telephone solicitations, and it now expressly covers text messages, voicemail, and ringless voicemail that solicit the sale of consumer goods or services. A violation is also a violation of Pennsylvania's Unfair Trade Practices and Consumer Protection Law. Whether a particular company is responsible for a vendor's campaign will depend on the facts, but outsourcing the sending does not, by itself, outsource the risk.
What Changed
Senate Bill 992 passed both chambers unanimously and was approved by Governor Shapiro on July 20, 2026, as Act 47 of 2026. The Act amends the Telemarketer Registration Act (Act of Dec. 4, 1996, P.L. 911, No. 147, 73 P.S. § 2241 et seq.) and provides that it "shall take effect in 90 days." The 90th day after the July 20 approval fell on a Sunday, and Pennsylvania's rule for computing statutory time periods (1 Pa.C.S. § 1908) omits a final day that falls on a weekend, so the Act took effect Monday, October 19, 2026, the day the Senate sponsor announced it "takes effect today." The Senate sponsor's announcement described it as the first major update to the law in nearly 30 years.
The changes that matter most to a business that markets by phone or text:
Texts are covered. A "telephone solicitation" is now "a telephone call, voicemail, ringless voicemail or text message" made to a residential, business or wireless subscriber to solicit the sale of consumer goods or services.
Business lines are named throughout. Pennsylvania has defined a "business telephone subscriber" since 2019, and Act 47 adds business subscribers to more of the Act's rules, including the disclosure, consent, and deception provisions. The Act still applies only to solicitations for consumer goods or services, meaning goods or services used for personal, family or household purposes.
Shorter calling hours. No telephone solicitation on a Sunday, after 7 p.m., or before 9 a.m. (the prior window ran from 8 a.m. to 9 p.m.). The existing ban on solicitations on legal holidays remains.
Robocalls need written consent. No robocall to any residential, business or wireless line without the "prior express written consent" of the called party, unless it is for emergency purposes or otherwise exempt.
Opt-out words are spelled out. For texts, a reply of "stop," "quit," "end," "revoke," "opt out," "cancel" or "unsubscribe" is a request not to be contacted.
Deceptive consent and synthetic messaging. It is now unlawful to use an unfair or deceptive practice to obtain consent, or to use "any technology or any synthetic or computer-generated messaging to defraud, deceive or mislead" a subscriber.
Spoofing. A telemarketer may not take any action with the primary intent to block or falsify its name or number, or to circumvent call or message screening.
Why "Causing to Be Initiated" Matters
The key phrase for any business that hires a vendor is "initiating or causing to be initiated." It appears in the Sunday and hours rule, the holiday rule, the do-not-contact rule, and the robocall consent rule in Section 5(a), and in the state do-not-call prohibition in Section 5.2(a). The consent and deception rules use a parallel phrase, "using or causing to be used." The state do-not-call prohibition and the caller ID rule are written as duties of the "telemarketer," a term the Act defines by reference to who initiates or receives the calls or messages.
On its face, that language is not limited to the company that operates the dialer or the texting platform. A business that hires, pays, and directs a vendor to send its promotions may have difficulty arguing later that it had nothing to do with the messages.
Because the amendments took effect only in October, I have not located any reported decision applying the new language. How far it reaches will be worked out in enforcement. The safer course is to assume that a Pennsylvania company can be asked to answer for campaigns sent in its name.
The Pennsylvania Office of Attorney General's telemarketing FAQ currently says that, when one company calls on behalf of a client, "whatever entity is engaged in making telephone solicitation calls is responsible for using the list." That page had not been updated for Act 47 when this article was written, and it still quotes the old definitions. Treat it as background, not as a safe harbor.
Federal Law Points the Same Direction
The federal Telephone Consumer Protection Act, 47 U.S.C. § 227, runs alongside the Pennsylvania statute. It provides a private right of action with statutory damages of $500 per violation, which a court may increase up to three times for willful or knowing violations.
The Federal Communications Commission addressed vendor campaigns directly in its 2013 DISH Network declaratory ruling, 28 FCC Rcd 6574. The FCC concluded that a seller does not generally "initiate" a call placed by a third-party telemarketer, but that the seller "may be held vicariously liable under federal common law principles of agency," including formal agency, apparent authority, and ratification.
The Third Circuit, which covers Pennsylvania, has seen what vendor-sent marketing can cost a local business. In *City Select Auto Sales Inc. v. David Randall Associates, Inc.*, 885 F.3d 154 (3d Cir. 2018), a Pennsylvania commercial roofing company hired a fax broadcaster to send its advertisements. As the Third Circuit's opinion recounts, the district court entered a $22,405,000 judgment against the roofing company. The appeal concerned only whether the company's president was personally liable. The jury found he was not, and the Third Circuit affirmed.
The Third Circuit has also held that consumers can revoke consent to autodialed calls under the TCPA. *Gager v. Dell Financial Services, LLC*, 727 F.3d 265 (3d Cir. 2013). Act 47 now gives Pennsylvania its own statutory list of opt-out words for texts.
Federal TCPA law continues to shift in the courts. Act 47 puts written consent, text coverage, and opt-out rules directly into Pennsylvania law, so Pennsylvania businesses should not plan their compliance around the outcome of federal litigation.
The Penalties Are Real
A violation of the Telemarketer Registration Act "is also a violation of" the Unfair Trade Practices and Consumer Protection Law (Section 6(a) of the Act). Under UTPCPL Section 8(b), the Attorney General may recover a civil penalty of up to $1,000 per willful violation, or up to $3,000 per violation when the victim is 60 or older. A campaign of thousands of messages multiplies quickly.
Failing to register when required "constitutes a misdemeanor of the second degree" (Section 3(c)). The Attorney General can also seek injunctive relief and investigate with subpoena power (Sections 5.2(k) and 9). And Section 7 confirms that the Act does not limit remedies under the UTPCPL "or any other State or Federal law," including the TCPA.
Who Must Register
A telemarketer, or the telemarketing business that employs it, must register with the Office of Attorney General at least 30 days before offering consumer goods or services "through any medium." A business that provides telemarketing services to others and has been under the same ownership and control for less than five years must register regardless. The Act requires a $50,000 bond and a $500 registration fee, and registration is renewed every two years (Section 4).
There are exemptions in the new Section 3(b.1), including businesses licensed by or registered with a federal or Commonwealth agency, and anyone whose calls or messages do not meet the definition of a "telephone solicitation." Calls and messages to people who gave prior express written consent, or with whom the seller or telemarketer had an established business relationship within the past 12 months, fall outside that definition. Those exemptions are fact-specific and the burden of proving one is on the business claiming it (Section 8(a)).
A practical point for buyers: if your vendor is a newer company, ask for proof of its registration before it sends a single message.
Written Consent Under Act 47
For robocalls, Pennsylvania now requires "prior express written consent," defined as a written agreement between the called party and a seller that:
identifies the telephone number to be called or messaged;
clearly and conspicuously discloses that the person consents to receive telephone solicitations from the seller, including a robocall or text message;
states that consent is not a condition of purchase; and
is signed, which may include an electronic signature under the federal E-SIGN Act.
Two points deserve attention. First, the definition describes an agreement with "a seller." Consent collected by a lead vendor in generic terms for unnamed "partners" may not fit comfortably within that definition. Second, the Act makes it unlawful to use any unfair or deceptive practice to obtain consent. Pre-checked boxes, buried disclosures, and misleading sign-up pages are the kind of evidence an investigator may look for.
What Businesses Should Not Assume
Do not assume the vendor carries the risk. Several of the statute's prohibitions reach those who cause solicitations to be initiated, and the contract only allocates risk between you and the vendor. It does not bind the Attorney General or a consumer.
Do not assume business-to-business texting is exempt. Business lines are within the definitions and the state do-not-call provisions. Whether a particular B2B campaign is covered turns on whether it solicits "consumer goods or services," which the Act defines as goods or services used for personal, family or household purposes.
Do not assume a federal ruling ends the Pennsylvania question. Pennsylvania's requirements stand on their own statutory footing.
Do not assume old policies still work. A compliance manual written before Act 47 likely uses the old 8 a.m. to 9 p.m. window and the old definitions.
New York Businesses Texting Into Pennsylvania (and the Reverse)
Some Pennsylvania companies also market to customers in New York. New York has regulated marketing texts since 2021, when it added "electronic messaging text" to the definitions in General Business Law § 399-z, including the definition of a "telemarketing sales call." The two statutes are not identical. For example, New York's section protects a "customer," defined as a natural person who is a New York resident, while Pennsylvania's Act also names business lines. A single campaign aimed at both states should be checked against both.
What to Put in Your Marketing Vendor Contract Now
If you use an agency, call center, lead generator, or texting platform, review the agreement and the actual campaign setup. At a minimum:
Confirm registration. Require the vendor to represent that it is registered with the Pennsylvania Office of Attorney General, or to explain in writing which exemption applies.
Own the consent records. Require consent language that meets Act 47's four elements, names your company as the seller, and is stored with a date, time, source, and signature that you can retrieve on demand.
Scrub the lists. Require scrubbing against each new quarterly Pennsylvania do-not-call list (and the national registry), including business and wireless numbers, plus your own internal do-not-contact list.
Lock the calendar. Configure campaigns to send only Monday through Saturday, 9 a.m. to 7 p.m., and never on legal holidays. Use the recipient's local time as a conservative practice.
Honor every opt-out word. Make sure "stop," "quit," "end," "revoke," "opt out," "cancel" and "unsubscribe" are all honored, and that opt-outs flow back to you and to every other vendor you use.
Ban spoofing and deceptive synthetic messaging. Prohibit caller ID manipulation, screening workarounds, and any synthetic or computer-generated voice or messaging that could mislead the recipient.
Build the safe harbor record. For the company-specific do-not-contact rule, Act 47 protects a seller or telemarketer that has written procedures, trained personnel, and maintained and recorded do-not-contact lists, when a later contact is the result of error. A similar defense applies to telemarketers under the state do-not-call provision. Require the vendor to keep the procedures, training records, and lists, and to give you copies.
Allocate the risk. Add compliance warranties, indemnity, insurance, audit rights, a ban on unapproved subcontractors, and a right to suspend campaigns immediately.
I discussed related vendor-contract terms, including indemnities and audit rights, in SaaS and AI Vendor Contracts: Indemnities, Data, IP, and Audit Rights for Pennsylvania and New York Companies.
The Practical Takeaway
Act 47 is not aimed only at overseas robocallers. It applies to ordinary Pennsylvania businesses that send marketing texts and calls, directly or through a vendor. For a Philadelphia or Montgomery County company, the practical questions are: who is sending messages in our name, on what consent, on what days, and under what contract?
For companies without a full-time in-house legal department, an experienced Fractional General Counsel/Outside General Counsel can help review marketing vendor contracts, update consent and opt-out procedures, and coordinate a compliance review before a campaign turns into an Attorney General inquiry. To discuss your company's situation, you can contact Todd.
Frequently Asked Questions
When did Pennsylvania's new texting and robocall law take effect?
Act 47 of 2026 was approved July 20, 2026, and took effect on October 19, 2026. The 90th day fell on a Sunday, which Pennsylvania's time-computation rule omits.
Does Act 47 apply to marketing text messages?
Yes. A "telephone solicitation" now includes a text message, voicemail, or ringless voicemail sent to solicit the sale of consumer goods or services.
Can my company be responsible if a vendor sends the texts?
It can. Several of the Act's prohibitions apply to "initiating or causing to be initiated" covered solicitations, and federal law can hold sellers vicariously liable for vendor calls under agency principles. Responsibility depends on the facts.
What hours are allowed for telephone solicitations in Pennsylvania?
Monday through Saturday, from 9 a.m. to 7 p.m., and not on legal holidays. Solicitations to consenting customers and some other messages fall outside the definition of a telephone solicitation.
Do robocalls require written consent in Pennsylvania?
Yes. A robocall requires the called party's prior express written consent, unless it is for emergency purposes or otherwise exempt.
About Todd B. Nurick
Todd B. Nurick is a business attorney based in Plymouth Meeting (Montgomery County), Pennsylvania, admitted in Pennsylvania since 1996 and New York since 2010, with nearly 30 years of experience advising businesses on contracts, transactions, corporate governance, investigations, compliance, technology, employment-related business issues, and risk management. He is a decorated retired Army officer. Through the Law Office of Todd B. Nurick, he serves businesses as Fractional and Outside General Counsel, providing experienced legal oversight without requiring a full-time in-house legal department. Law Office of Todd B. Nurick is a fictitious name (DBA) of Nurick Law Group, LLC. Learn more at ToddNurickLaw.com and ToddNurick.com.
Sources
Pennsylvania General Assembly, Senate Bill 992 (2025-2026 Session), bill history, Act No. 47 of 2026, approved July 20, 2026. Pennsylvania General Assembly source
Pennsylvania General Assembly, Act of Jul. 20, 2026, P.L. 532, No. 47 (amending the Telemarketer Registration Act), Section 5 (effective in 90 days). Act 47 of 2026
Pennsylvania Statutory Construction Act, 1 Pa.C.S. § 1908 (computation of time). Pennsylvania General Assembly source
Pennsylvania General Assembly, Telemarketer Registration Act, Act of Dec. 4, 1996, P.L. 911, No. 147, as amended, 73 P.S. § 2241 et seq. (Sections 2, 3, 4, 5, 5.1, 5.2, 6, 7 and 8). Pennsylvania General Assembly source
Pennsylvania General Assembly, Unfair Trade Practices and Consumer Protection Law, Act of Dec. 17, 1968, P.L. 1224, No. 387, as amended, Section 8. Pennsylvania General Assembly source
Pennsylvania Office of Attorney General, Telemarketing Frequently Asked Questions (accessed Oct. 25, 2026). Attorney General source
Pennsylvania Senate Republicans, "New Brooks Law Cracking Down on Robocalls, Scam Texts and Caller ID Spoofing Takes Effect," Oct. 19, 2026. Senate source
Telephone Consumer Protection Act, 47 U.S.C. § 227. U.S. Government Publishing Office source
Federal Communications Commission, In re Joint Petition Filed by DISH Network, LLC et al., Declaratory Ruling, FCC 13-54, 28 FCC Rcd 6574 (May 9, 2013). FCC source
U.S. Court of Appeals for the Third Circuit, City Select Auto Sales Inc. v. David Randall Associates, Inc., 885 F.3d 154 (3d Cir. 2018). Third Circuit opinion
U.S. Court of Appeals for the Third Circuit, Gager v. Dell Financial Services, LLC, 727 F.3d 265 (3d Cir. 2013). Third Circuit opinion
New York General Business Law § 399-z. New York State Senate source
New York Senate Bill S3941 / Assembly Bill A6040 (2021), amending General Business Law § 399-z to include electronic messaging texts, signed as Chapter 239 of the Laws of 2021. New York State Senate source
This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Telemarketing, text message marketing, consent, do-not-call, registration, vendor contracting, and consumer protection issues are highly fact-specific, and businesses should obtain legal advice concerning their particular circumstances.
