[atlas:bill]

AN ACT Relating to commercial telephone solicitation; amending RCW 19.158.110; adding a new section to chapter 19.158 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: (1) Protecting the well-being, tranquility, and privacy of the home is of significant concern to many citizens; and (2) for many people, unwanted commercial telephone solicitations constitute an invasion of the well-being, tranquility, and privacy of the home. The legislature intends, therefore, to assist citizens in protecting the well-being, tranquility, and privacy of their homes by creating a process through which residential telephone subscribers can choose to be free from unwanted commercial telephone solicitations.

NEW SECTION. Sec. 2. A new section is added to chapter 19.158 RCW to read as follows:

(1) The attorney general shall provide for the establishment and operation of a public listing of residential telephone numbers whose subscribers have affirmatively requested not to receive commercial telephone solicitations. The attorney general may contract with a private vendor to establish, operate, and maintain such registry in accordance with the requirements of this section. The attorney general and the utilities and transportation commission shall make reasonable efforts, within existing resources, to publicize the availability of the public listing and the method or methods by which residential telephone subscribers may have their telephone numbers placed on the list. The listing shall be available for inspection by the public in written and electronic form. The listing shall be periodically transmitted to a national telephone preference service for the purpose of removing individuals from national telemarketing lists.

(2) No fee may be charged to residential telephone subscribers for placing their numbers on the list. A reasonable fee, as determined by the attorney general, may be charged to inspect the list in written or electronic form.

(3) It is unlawful and a violation of this section for any person to make a commercial telephone solicitation call to any residential telephone number that: (a) Is contained on the public listing under subsection (1) of this section; and (b) has been on the list for at least ten business days prior to the making of the commercial telephone solicitation.

(4) In addition to any other penalties or remedies available under this chapter or chapter 19.86 RCW, a person injured by a violation of subsection (3) of this section may bring an action for recovery of liquidated damages in the amount of one thousand dollars per violation, plus court costs and attorneys' fees.

Sec. 3. RCW 19.158.110 and 1989 c 20 s 11 are each amended to read as follows:

(1) Within the first minute of the telephone call, a commercial telephone solicitor or salesperson shall:

(a) Identify himself or herself, the company on whose behalf the solicitation is being made, the property, goods, or services being sold; and

(b) Terminate the telephone call within ten seconds if the purchaser indicates he or she does not wish to continue the conversation.

(2) If at any time during the telephone contact, the purchaser states or indicates that he or she does not wish to be called again by the commercial telephone solicitor or wants to have his or her name and individual telephone number removed from the telephone lists used by the commercial telephone solicitor:

(a) The commercial telephone solicitor shall not make any additional commercial telephone solicitation of the called party at that telephone number within a period of at least one year; and

(b) The commercial telephone solicitor shall not sell or give the called party's name and telephone number to another commercial telephone solicitor: PROVIDED, That the commercial telephone solicitor may return the list, including the called party's name and telephone number, to the company or organization from which it received the list.

(3) The utilities and transportation commission shall by rule ensure that telecommunications companies inform their residential customers of the provisions of this section and section 2 of this act. The notification may be made by:

(a) Annual inserts in the billing statements mailed to residential customers; or

(b) Conspicuous publication of the notice in the consumer information pages of local telephone directories.

(4) If a sale or an agreement to purchase is completed, the commercial telephone solicitor must inform the purchaser of his or her cancellation rights as enunciated in this chapter, state the registration number issued by the department of licensing, and give the street address of the seller.

(5) If, at any time prior to sale or agreement to purchase, the commercial telephone solicitor's registration number is requested by the purchaser, it must be provided.

(6) All oral disclosures required by this section shall be made in a clear and intelligible manner.