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                                           ENGROSSED HOUSE BILL NO. 2299

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State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Crane, Jacobsen, Todd, Heavey, Brekke, P. King and Phillips

Read first time 1/9/90 and referred to Committee on Energy & Utilities.

AN ACT Relating to the use of telefacsimile messages for commercial solicitation; and adding a new section to chapter 80.36 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 80.36 RCW to read as follows:

          (1) As used in this section, "telefacsimile message" means the transmittal of electronic signals over telephone lines for conversion into written text.

          (2) No person, corporation, partnership, or association shall initiate the unsolicited transmission of telefacsimile messages promoting goods or services for purchase by the recipient.

          (3) (a) Except as provided in (b) of this subsection, this section shall not apply to telefacsimile messages sent to a recipient with whom the initiator has had a prior contractual or business relationship nor shall it apply to transmissions not exceeding five pages received between the hours of 9:00 p.m. and 6:00 a.m. local time.

          (b) A person shall not initiate an unsolicited telefacsimile message under the provisions of (a) of this subsection if the person knew or reasonably should have known that the recipient is a governmental entity.

          (4) Notwithstanding subsection (3) of this section, it is unlawful to initiate any telefacsimile message to a recipient who has previously sent a written or telefacsimile message to the initiator clearly indicating that the recipient does not want to receive telefacsimile messages from the initiator.

          (5) A violation of this section is a violation of the consumer protection act, chapter 19.86 RCW.  Damages to the recipient of telefacsimile messages in violation of this section  are five hundred dollars or actual damages, whichever is greater.

          (6) Nothing in this section shall be construed to prevent the Washington utilities and transportation commission from adopting additional rules regulating transmissions of telefacsimile messages.