SENATE BILL REPORT
SB 5719
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As of February 8, 2007
Title: An act relating to unsolicited direct mail marketing.
Brief Description: Restricting unsolicited direct mail marketing.
Sponsors: Senators Kohl-Welles, Weinstein, Honeyford, Kauffman, Delvin, Kline and Rasmussen.
Brief History:
Committee Activity: Consumer Protection & Housing: 2/08/07.
SENATE COMMITTEE ON CONSUMER PROTECTION & HOUSING
Staff: Jacob White (786-7448)
Background: Under the consumer protection act unfair methods of competition and unfair or
deceptive acts or practices in the conduct of any trade or commerce are declared unlawful.
Currently, if consumers receive unsolicited junk mail, they can have their name removed from
a mailing list by writing to the Mail Preference Service, Direct Marketing Association.
Summary of Bill: The Attorney General Office (AGO) is directed to establish and maintain a
do not mail registry. The registry is a list of consumers who do not wish to receive unsolicited
direct mail marketing. The AGO must provide residents with information about the methods for
joining the do not mail registry. Consumers may notify the AGO of their intent to join the
registry by calling a toll-free number provided by the AGO or by providing notification in any
other manner allowed by the AGO. A consumer may be deleted from the registry upon his or her
written request. Thirty days after a consumer signs up for the do not mail registry, marketers
cannot send unsolicited direct mail.
The registry will be made available to direct mail marketers for a fee by the AGO. A person
cannot be held liable for violating the do not mail registry if they have: obtained a copy of the
current do not mail registry; properly trained their personnel; maintained proper records; and any
subsequent unsolicited direct mail marketing as the result of an error. A violation of the do not
mail registry will result in a fine of $2,000 per violation. The consumer protection act is applied
to violating the do not mail registry.
A do not mail registry account is created in the custody of the State Treasurer. The account
contains the fees paid for accessing the registry and the account and the funds in the account can
only be used for funding the do not mail registry.
Appropriation: None.
Fiscal Note: Requested on February 1, 2007.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.