BILL REQ. #:  S-0637.1 

Read first time 01/15/2007.   Referred to Committee on Consumer Protection & Housing.

     AN ACT Relating to automatic dialing and announcing devices; adding a new chapter to Title 19 RCW; repealing RCW 80.36.400; 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   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Automatic dialing and announcing device" means a device that automatically dials telephone numbers and plays a recorded message once a connection is made.
     (2) "Message" means any communication, regardless of its content.

NEW SECTION.  Sec. 3   (1) No person or entity may use an automatic dialing and announcing device before 9:00 a.m. or after 9:00 p.m.
     (2) No person or entity may use an automatic dialing and announcing device unless: (a) The called party has given written or electronic consent to receive the message; or (b) the recorded message is immediately preceded by a live operator who obtains the called party's consent before the message is played.
     (3) All messages delivered by an automatic dialing and announcing device must begin with the following information: (a) The name and contact information of the person or entity for which the message is being made; (b) the purpose of the message; and (c) if applicable, the fact that the message intends to solicit payment or commitment of funds.
     (4) This section does not apply to the following: (a) Messages from federal, state, or local government entities or municipal corporations; (b) messages from schools to their students, parents, guardians, or employees; (c) messages from businesses to their employees; (d) messages to called parties with whom the caller has a current business or personal relationship; and (e) messages concerning an emergency affecting public safety.
     (5) This section applies to all calls intended to be received by telephone customers within the state.
     (6) Any recipient of a message from an automatic dialing and announcing device 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 penalty or remedy under chapter 19.86 RCW.
     (7) 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. A violation of this chapter 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.

NEW SECTION.  Sec. 4   Sections 1 through 3 of this act constitute a new chapter in Title 19 RCW.

NEW SECTION.  Sec. 5   RCW 80.36.400 (Automatic dialing and announcing device -- Commercial solicitation by) and 1986 c 281 s 2 are each repealed.