BILL REQ. #:  H-4150.1 

Read first time 01/24/2006.   Referred to Committee on Technology, Energy & Communications.

     AN ACT Relating to unsolicited facsimiles; amending RCW 80.36.540; and prescribing penalties.

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

Sec. 1   RCW 80.36.540 and 1990 c 221 s 1 are each amended to read as follows:
     (1) As used in this section, "telefacsimile message" means the transmittal of electronic signals over telephone lines for conversion into written text.
     (2) No person, corporation, partnership, or association shall initiate the unsolicited transmission of telefacsimile messages promoting goods or services for purchase by the recipient.
     (3)(a) Except as provided in (b) of this subsection, this section shall not apply to telefacsimile messages sent to a recipient with whom the initiator has had a prior contractual or business relationship.
     (b) A person shall not initiate an unsolicited telefacsimile message under the provisions of (a) of this subsection if the person knew or reasonably should have known that the recipient is a governmental entity.
     (4) Notwithstanding subsection (3) of this section, it is unlawful to initiate any telefacsimile message to a recipient who has previously sent a written or telefacsimile message to the initiator clearly indicating that the recipient does not want to receive telefacsimile messages from the initiator.
     (5) The unsolicited transmission of telefacsimile messages promoting goods or services for purchase by the recipient is a matter affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. The transmission of unsolicited telefacsimile messages is not reasonable in relation to the development and preservation of business. A violation of this section is an unfair or deceptive act in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW. ((Damages to the recipient of telefacsimile messages in violation of this section are five hundred dollars or actual damages, whichever is greater.))
     (6) A person who violates this section is subject to: (a) A cease and desist order; and (b) an administrative fine of not less than five hundred dollars or more than one thousand dollars for each separate violation. For purposes of this section, each page of an unsolicited facsimile message may constitute a separate violation.
     (7) A person who intentionally violates this section is guilty of a misdemeanor punishable according to chapter 9A.20 RCW and by a mandatory fine of up to one thousand dollars per violation. For purposes of this section, a person has intentionally violated this section if the attorney general has previously notified the person by certified mail that he or she is in violation of this section.
     (8) The commission may initiate proceedings relative to a violation of this section, including issuing investigative demands, issuing subpoenas, administering oaths, and conducting hearings. Hearings must be conducted in accordance with the administrative procedure act.
     (9) Nothing in this section shall be construed to prevent the Washington utilities and transportation commission from adopting additional rules regulating transmissions of telefacsimile messages.