BILL REQ. #:  H-3686.1 

Prefiled 1/9/2004. Read first time 01/12/2004.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to consumer knowledge of foreign contact center operations; adding a new chapter to Title 19 RCW; and providing an effective date.

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

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
      (1) "Contact center" means a physical or electronic operation that uses telephonic or electronic communications in one or more of the following activities: (a) Providing customer services, including information about customer accounts; (b) soliciting sales; (c) reactivating dormant accounts; (d) conducting surveys or research; (e) collecting receivables; (f) taking or receiving reservations; or (g) taking or receiving orders.
     (2) "Personal information" means personally identifiable information that is provided by a person to a contact center, which includes, but is not limited to, a person's name, address, telephone number, electronic mail address, social security number, or credit or other financial information.

NEW SECTION.  Sec. 2   At the request of a party using telephonic or electronic communications with an employee of a contact center, the employee must identify: (1) Himself or herself, by stating his or her name; (2) the name of his or her employer; (3) the location of the municipality, state, and country in which he or she is located; and (4) if applicable, the name and telephone number of the entity contracting with the contact center. In addition, if the contact center is located in a foreign country, the party may request that a telephonic communication be rerouted to a contact center located in the United States. The contact center must comply with any such request.

NEW SECTION.  Sec. 3   An employee at a contact center operating in a foreign country may not solicit any personal information, whether using telephonic or electronic communications, unless the employee first informs the party that disclosing that information to the employee is optional and receives the affirmative consent of the party to whom the information relates. If telephonic communications are used, the employee may not solicit any personal information unless he or she also informs the party that the contact center is located in a foreign country and that the party may request that the communication be rerouted to a contact center located in the United States. The contact center must comply with any such request.

NEW SECTION.  Sec. 4   The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of this chapter are not reasonable in relation to the development and preservation of business. A violation of this chapter 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.

NEW SECTION.  Sec. 5   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 6   This act takes effect July 1, 2009.

NEW SECTION.  Sec. 7   Sections 1 through 6 of this act constitute a new chapter in Title 19 RCW.