H-195                _______________________________________________

                                                    HOUSE BILL NO. 134

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State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Jacobsen, Long, Unsoeld, Allen, Todd, Niemi, Appelwick, Tilly, Winsley, Tanner, Lux, May and Belcher

Read first time 1/21/85 and referred to Committee on Judiciary. Referred to Committee on Energy & Utilities 1/25/85.

AN ACT Relating to automatic dialing and announcing devices; adding a new section to chapter 80.36 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature finds that the use of automatic dialing and announcing devices for purposes of commercial solicitation:  (1) Deprives consumers of the opportunity to immediately question a seller about the veracity of their claims; (2) subjects consumers to unwarranted invasions of their privacy; and (3) encourages inefficient and potentially harmful use of the telephone network.  The legislature further finds that it is in the public interest to prohibit the use of automatic dialing and announcing devices for purposes of commercial solicitation.

NEW SECTION. Sec. 2.  A new section is added to chapter 80.36 RCW to read as follows:

          (1) As used in this section:

          (a) An automatic dialing and announcing device is a device which automatically dials telephone numbers and plays a recorded message once a connection is made.

          (b) Commercial solicitation means the unsolicited initiation of a telephone conversation for the purpose of encouraging a person to purchase property, goods, or services.  Commercial solicitation does not include calls made in response to an inquiry or request made by the called party.

          (2) No person may use an automatic dialing and announcing device for purposes of commercial solicitation.  This section applies to all commercial solicitation intended to be received by telephone customers within the state.

          (3) A violation of this section is a violation of chapter 19.86 RCW.  It shall be presumed that damages to the recipient of commercial solicitations made using an automatic dialing and announcing device are five hundred dollars.

          (4) Nothing in this section shall be construed to prevent the Washington utilities and transportation commission from adopting additional rules regulating automatic dialing and announcing devices.