FINAL BILL REPORT

HB 2299

                                  C 221 L 90

BYRepresentatives Crane, Jacobsen, Todd, Heavey, Brekke, P. King and Phillips

Regulating telefacsimile messages for commercial solicitation.

House Committe on Energy & Utilities

Senate Committee on Energy & Utilities

SYNOPSIS AS ENACTED

BACKGROUND:

A telefacsimile machine is a device that is capable of receiving, and copying onto paper, reasonable reproductions or facsimiles of documents and photographs that have been transmitted over telecommunications lines.  Fax machines, as they are known, have existed for some time.  Recently, technology has improved to the point that fax machines are easier and more convenient to use.

There have been an increasing number of complaints about unsolicited advertising since fax machines have become more widely available.  Depending on the type of machine and the amount of detail in the message, it may take over a minute to transmit a single letter-size page.  Fax machines generally can respond to only one call at a time.  If the machine is in use, a subsequent transmission from another fax machine will receive a busy signal.

In 1989, a number of states considered and several states adopted legislation prohibiting unsolicited advertising over fax machines.  Some states have prohibited solicitation without prior authorization of the machine owner.  Others have prohibited solicitations once the machine owner notifies the solicitor that the solicitations are unwelcome.  Other restrictions allow unsolicited transmissions of limited length only between 9 p.m. and 6 a.m.

The Washington Consumer Protection Act prohibits unfair methods of competition and unfair or deceptive acts or practices.  The attorney general is authorized to initiate proceedings to prohibit violations of the Consumer Protection Act.  A person who is injured by a Consumer Protection Act violation may obtain, in addition to damages, reasonable attorney's fees.  The court is authorized to award treble damages.

SUMMARY:

A person shall not promote goods or services by telefacsimile message without the prior approval of the recipient.  Solicitations may be sent to persons with whom the solicitor has had a prior business relationship.  No transmissions may be sent to a recipient who has notified the solicitor that the solicitations are unwanted or to a person the sender knows, or reasonably should have known, is a governmental entity.

It is a violation of the consumer protection act to make an unsolicited transmission of promotional materials in violation of this act.  Damages available to the recipient are the greater of $500 or actual damages.

The authority of the Utilities and Transportation Commission to adopt additional rules regulating telefacsimile messages is not affected.

VOTES ON FINAL PASSAGE:

      House 97   0

      Senate    42     0 (Senate amended)

      House 94   0 (House concurred)

EFFECTIVE:June 7, 1990