BILL REQ. #:  H-1924.3 

READ FIRST TIME 02/15/07.   

     AN ACT Relating to establishing restrictions on prerecorded telephone calls; amending RCW 80.36.400; and prescribing penalties.

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

Sec. 1   RCW 80.36.400 and 1986 c 281 s 2 are each amended to read as follows:
     (1) ((As used in this section:)) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) ((An)) "Automatic dialing and announcing device" ((is)) means 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.)) "Caller" means an individual, corporation, limited liability company, partnership, unincorporated association, or the entity that attempts to contact, or contacts, a subscriber in the state on the subscriber's telecommunications device, regardless of whether the call is made through a wireline, wireless, voice-over internet protocol, or other telecommunications service. A caller may also include the business entity or affiliated organization that contracted for the call, regardless of whether the call is placed from inside or outside the state.
     (c) "Subscriber" means a person who has subscribed to receive telecommunications service in Washington from a provider of telecommunications services including, but not limited to, wireline, wireless, and voice-over internet protocol services, or a person residing with the subscribing person.
     (2) ((No person may use)) A caller may not use or connect to a telecommunications line 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)) to place calls to subscribers who reside in Washington and whose telephone numbers are assigned to the state of Washington under the North American numbering plan unless: (a) The subscriber has knowingly or voluntarily requested, consented to, permitted, or authorized receipt of the message; or (b) the message is immediately preceded by a live operator who discloses who is paying for the message at the beginning of the call and obtains the subscriber's consent before the message is delivered.
     (3) Subsection (2) of this section does not apply to the following:
     (a) Messages from school districts to students, parents, or employees;
     (b) Messages to subscribers with whom the caller has a current business or personal relationship;
     (c) Messages concerning an emergency affecting public safety;
     (d) Messages advising employees of work schedules; or
     (e) Messages from federal, state, or local government entities or municipal corporations.
     (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. Damages to the recipient ((of commercial solicitations made)) for receiving a recorded message using an automatic dialing and announcing device are five hundred dollars per violation.
     (((4))) (5) 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.

NEW SECTION.  Sec. 2   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.