5132-S AMS FINK S2118.2

SSB 5132 - S AMD 144

By Senator Finkbeiner

    On page 4, after line 6, insert the following:

    "(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

    (a) "Commercial telephone solicitor" means a person who makes a commercial telephone solicitation.

    (b) "Commercial telephone solicitation" means:

    (i) The unsolicited initiation of a telephone call by a person to a telephone customer and conversation for the purpose of encouraging a person to purchase property, goods, or services;

    (ii) Other communication with a person where:

    (A) A free gift, award, or prize is offered to a purchaser who has not previously purchased from the person initiating the communication;

    (B) A telephone call response is invited; and

    (C) The salesperson intends to complete a sale or enter into an agreement to purchase during the course of the telephone call; or

    (iii) Other communication with a person which misrepresents the price, quality, or availability of property, goods, or services and which invites a response by telephone or which is followed by a call to the person by a salesperson.

    (c) "Commercial telephone solicitation" does not include:

    (i) Calls made in response to a request or inquiry by the called party.  This includes calls regarding an item that has been purchased by the called party from the company or organization during a period not longer than twelve months before the telephone contact;

    (ii) Calls made by organizations registered under chapter 19.09 RCW;

    (iii) Calls limited to polling or soliciting the expression of ideas, opinions, or votes;

    (iv) Calls made by a person primarily soliciting the sale of newspapers or periodicals;

    (v) Business-to-business contacts; or

    (vi) Calls made by a person soliciting:

    (A) Without the intent to complete or obtain provisional acceptance of a sale during the telephone solicitation;

    (B) Who does not make the major sales presentation during the telephone solicitation; and

    (C) Who only makes the major sales presentation or arranges for the major sales presentation to be made at a later face-to-face meeting between the salesperson and the purchaser.

    (d) "Other communication" means a written or oral notification or advertisement transmitted through any means."

EFFECT:  For purposes of the do not call list, the twenty-four exceptions to the definition of "commercial telephone solicitor" are removed and replaced with six:  (1) Calls made in response to a request by the customer, including calls concerning an item that has been purchased during the last twelve months; (2) calls made by charitable and nonprofit organizations; (3) calls limited to polling or soliciting the expression of ideas, opinions, or votes; (4) calls soliciting the sale of newspapers or periodicals; (5) calls that are business-to-business contacts; and (6) calls arranging face-to-face sales meetings.

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