Notes

Pennsylvania follows federal TCPA standards for voice call consent. Manual dialing to non-DNC numbers does not require prior express consent beyond the federal baseline. ATDS or prerecorded voice calls to cell phones require prior express written consent for telemarketing under the federal TCPA. The TRA requires telemarketers to identify themselves at the start of each call. Two-party consent required for call recording — disclose and obtain consent before recording.

ATDS Definition

Pennsylvania does not have a state-specific ATDS definition. The federal TCPA definition (post-Facebook v. Duguid) applies — equipment that uses a random or sequential number generator to either store or produce phone numbers and dial those numbers.

Statute

73 Pa. Stat. § 2241 et seq.; 47 U.S.C. § 227

Notes

SMS marketing to PA consumers follows federal TCPA requirements. Prior express written consent needed for automated marketing texts. The FCC one-to-one consent rule (effective Jan 2025) means purchased lead lists with bundled consent are unusable. PA UTPCPL provides an additional enforcement layer for deceptive text marketing practices. No separate state SMS statute exists.

ATDS Definition

No state-specific ATDS definition. Federal TCPA standards apply. Any automated system sending text messages to cell phones requires prior express written consent for marketing messages.

Statute

47 U.S.C. § 227; 73 Pa. Stat. § 201-1 et seq.

Notes

AI voice calls to PA consumers require federal TCPA compliance (prior express written consent for marketing). Additionally, Pennsylvania's two-party consent law means any AI call that records the conversation must obtain the consumer's consent to record. FTC rules require AI voice to identify itself as artificial at the call start. The PA AG has authority to pursue deceptive AI voice operations under the UTPCPL.

ATDS Definition

No PA-specific AI voice statute. AI voice agents placing calls automatically are ATDS under federal TCPA. Pennsylvania's two-party consent law adds a recording dimension — AI calls that record the conversation require consent from the PA consumer.

Statute

47 U.S.C. § 227; 18 Pa.C.S. § 5704

Notes

Prerecorded telemarketing calls to PA consumers follow federal TCPA rules. Written consent required for prerecorded calls to cell phones. The TRA's disclosure requirements layer on top — even with consent, the prerecorded message must identify the caller and provide contact information. EBR provides limited exemption under federal rules for residential calls with opt-out mechanism.

ATDS Definition

Federal TCPA governs prerecorded message calls. Prior express written consent required for prerecorded telemarketing calls to cell phones. Residential landline prerecorded calls require prior express consent (not necessarily written) for telemarketing.

Statute

47 U.S.C. § 227(b)(1)(B); 73 Pa. Stat. § 2241

Notes

RVM legal status is unsettled but trending toward requiring written consent. No PA-specific guidance exists. Federal courts have increasingly treated RVM as a "call" subject to TCPA. Conservative compliance approach: obtain prior express written consent before RVM to PA consumers. The PA AG could pursue RVM campaigns under the UTPCPL as deceptive practices if consumers are misled.

ATDS Definition

No PA-specific RVM statute. FCC has signaled RVM likely constitutes a "call" under federal TCPA. Treat as requiring same consent level as prerecorded calls.

Statute

47 U.S.C. § 227

Notes

Same consent requirements as SMS. MMS marketing messages sent via automated systems require prior express written consent under federal TCPA. No PA-specific MMS statute exists. UTPCPL provides an additional enforcement path for deceptive MMS marketing.

ATDS Definition

MMS treated the same as SMS under federal TCPA for consent purposes. No PA-specific distinction between SMS and MMS.

Statute

47 U.S.C. § 227; 73 Pa. Stat. § 201-1 et seq.

Notes

Unsolicited fax advertising prohibited under federal TCPA/JFPA. Prior express consent required. EBR provides exemption under JFPA with opt-out notice on each fax. PA UTPCPL can be used to pursue deceptive fax advertising as an unfair trade practice.

ATDS Definition

Fax solicitations governed by federal TCPA and Junk Fax Prevention Act (JFPA). No PA-specific fax statute beyond general consumer protection.

Statute

47 U.S.C. § 227(b)(1)(C)