S-0981.1  _______________________________________________

                         SENATE BILL 5662

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Finkbeiner and Oke

Read first time 01/30/2001.  Referred to Committee on Economic Development & Telecommunications.

Requiring the identification of commercial telephone solicitors.

    AN ACT Relating to commercial telephone solicitors providing information to caller identification services; adding a new section to chapter 19.158 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 19.158 RCW to read as follows:

    (1) A commercial telephone solicitor, when engaging in commercial telephone solicitation, shall provide caller identification information that is required by a caller identification service if such service is available.

    (2) A commercial telephone solicitor, when engaging in commercial telephone solicitation, shall not circumvent or interfere with the capability of a caller identification service to deliver the solicitor's name, number, or location.

    (3) A commercial telephone solicitor using a caller identification service shall ensure that three asterisks appear before the solicitor's name so that a caller identification service can identify the call as a commercial telephone solicitation.

    (4) The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW.  A violation of this section is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.  In addition to any other penalties or remedies available under this chapter or chapter 19.86 RCW, a person injured by a violation 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.

NEW SECTION. Sec. 2.  Section 1 of this act shall be known and cited as the three stars and you're out act.

                            --- END ---