H-664                _______________________________________________

                                                    HOUSE BILL NO. 460

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Wang, Jacobsen, Tilly, D. Nelson, Long, Locke, Barnes, Armstrong, Isaacson, Todd, Gallagher, Unsoeld and Winsley

Read first time 2/1/85 and referred to Committee on Energy & Utilities.

AN ACT Relating to telephone solicitation; adding a new chapter to Title 19 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.     For purposes of this chapter, "solicitation" means charitable solicitations as defined in RCW 19.09.020 and commercial solicitations.  "Commercial solicitation" means the unsolicited initiation of a telephone conversation for the purpose of encouraging a person to purchase property, goods, or services.  "Solicitation" does not include calls made in response to an inquiry or request made by the person called.

NEW SECTION. Sec. 2.     No person may use for purposes of solicitation a device which randomly selects telephone numbers for dialing unless it is capable of excluding unlisted telephone numbers, unpublished telephone numbers, public service emergency telephone numbers, and the telephone numbers of subscribers who have indicated they are unwilling to receive solicitation calls.

NEW SECTION. Sec. 3.     No person may make or may cause to be made any telephone call for purposes of solicitation to any telephone number if that number is listed in the most recent telephone directory published by the telephone company and the listing indicates the subscriber is unwilling to receive solicitation calls.  No person may make or may cause to be made any telephone call for purposes of solicitation to any unlisted or unpublished telephone number or public service emergency telephone number.

NEW SECTION. Sec. 4.     The utilities and transportation commission shall adopt rules to implement section 3 of this act which shall specify:

          (1) The manner in which subscribers may notify the telephone company that they do not wish to receive solicitation calls;

          (2) The manner in which such notification will be listed in the telephone directory;

          (3) The frequency, if any, with which a subscriber must renew such notification; and

          (4) The fee, if any, to be paid by subscribers for such listings.

NEW SECTION. Sec. 5.     This chapter applies to all telephone calls made to any telephone number within the state of Washington.

NEW SECTION. Sec. 6.     Persons violating this chapter are subject to a fine of five hundred dollars for each individual violation of this chapter.  Any person aggrieved by a violation of this chapter may bring a civil action in superior court to enjoin further violations, to recover damages, or both.  Damages are presumed to be five hundred dollars for each individual violation of this chapter.  If the person aggrieved prevails in a civil action brought under this chapter, the court shall award the person aggrieved reasonable attorneys' fees and the costs of the suit.  The attorney general may bring an action to enjoin violations under this chapter.

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