BILL REQ. #:  S-4312.2 

Read first time 01/25/2006.   Referred to Committee on Water, Energy & Environment.

     AN ACT Relating to automatic dialing and announcing devices; amending RCW 80.36.400; adding a new section to chapter 80.36 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   Protecting the well-being, tranquility, and privacy of the home is of the highest order in a free and civilized society, and the efficient conduct of private businesses and government operations are of significant government interest. The legislature finds that automatic calling and announcing devices uniquely intrude into these interests.

NEW SECTION.  Sec. 2   A new section is added to chapter 80.36 RCW to read as follows:
     (1) As used in this section:
     (a) An "automatic dialing and announcing device" is a device which automatically dials telephone numbers and plays a recorded message once a connection is made.
     (b) "Message" means any communication, regardless of its content, that is not a commercial solicitation as defined in RCW 80.36.400.
     (2) No person may use an automatic dialing and announcing device before 9:00 a.m. or after 9:00 p.m. without written or electronic consent from the recipient.
     (3) This section does not apply to emergency messages from government agencies.
     (4) This section applies to all calls intended to be received by telephone customers within the state.
     (5) Any recipient may bring an action against a person who has violated this section for the amount of one thousand dollars per violation. This action is in addition to any other remedy relating to a violation of this section.

Sec. 3   RCW 80.36.400 and 1986 c 281 s 2 are each amended to read as follows:
     (1) As used in this section:
     (a) An "automatic dialing and announcing device" is a device which automatically dials telephone numbers and plays a recorded message once a connection is made.
     (b) "Commercial solicitation" means the unsolicited initiation of a telephone conversation for the purpose of encouraging a person to purchase property, goods, or services.
     (2) No person may use an automatic dialing and announcing device for purposes of commercial solicitation. This section applies to all commercial solicitation intended to be received by telephone customers within the state.
     (3) A violation of this section is a violation of chapter 19.86 RCW. It shall be presumed that damages to the recipient of commercial solicitations made using an automatic dialing and announcing device are ((five hundred)) one thousand dollars per violation.
     (4) Nothing in this section shall be construed to prevent the Washington utilities and transportation commission from adopting additional rules regulating automatic dialing and announcing devices.