H-459                _______________________________________________

                                                   HOUSE BILL NO. 1288

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Jacobsen, Todd, S. Wilson, R. Meyers, May, Anderson, Wang, Cole, P. King, Pruitt, Appelwick and Walker

Read first time 1/20/89 and referred to Committee on Energy & Utilities.

AN ACT Relating to lists and directories; 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.     Upon receipt of a written request, a person who sells mailing lists or telephone directories shall delete, without charge, all information regarding a person or persons from its listings.  The written request shall state the name and address and contain the signature of each person who wishes to have information concerning him or her removed from the lists.  The written request for deletion shall be valid for as long as the person making the request resides at the address stated in the request.

NEW SECTION. Sec. 2.     (1) Each person soliciting information for purposes of developing mailing lists or telephone directories shall disclose orally or in writing to each person solicited:

          (a) The name and address of his or her business;

          (b) The purpose of the solicitation;

          (c) A brief description of how the information requested will be used; and

          (d) The right of the person being solicited to not provide the information requested as well as the right to have information removed as described in section 1 of this act.

          (2) A person soliciting information for purposes of developing mailing lists or telephone directories shall not use a name, symbol, or statement so closely related or similar to that used by another organization or governmental agency that the use thereof would tend to confuse or mislead the public.

NEW SECTION. Sec. 3.     A person who willfully violates this chapter or who willfully gives false or incorrect information in the process of soliciting information for developing and maintaining mailing lists or telephone directories is subject to a fine of up to one thousand dollars for each violation.

NEW SECTION. Sec. 4.     A violation of this chapter is an unfair act or practice or unfair method of competition in the conduct of trade or commerce for the purpose of application of the consumer protection act, chapter 19.86 RCW.

NEW SECTION. Sec. 5.     This chapter does not apply to any person regulated by the utilities and transportation commission or to any list maintained by a governmental agency.

NEW SECTION. Sec. 6.     Sections 1 through 5 of this act constitutes a new chapter in Title 19 RCW.