H-2056.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 1471

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By House Committee on Commerce & Labor (originally sponsored by Representatives Conway, Crouse, Wood, Poulsen, Kessler and Thomas)

Read first time 02/26/1999.

Prohibiting deceptive telephone directory listings.

    AN ACT Relating to unfair trade practices regarding business telephone listings; and adding a new chapter to Title 19 RCW.

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

NEW SECTION. Sec. 1.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

    (1) "Local telephone directory" means a publication listing telephone numbers for various businesses in a certain geographic area and distributed free of charge to some or all telephone subscribers in that area.

    (2) "Local telephone number" means a telephone number that can be dialed without incurring long distance charges from telephones located within the area covered by the local telephone directory in which the number is listed.  The term does not include long distance numbers, toll-free numbers, or 900 exchange numbers listed in a local telephone directory.

    (3) "Person" means an individual, partnership, limited liability partnership, corporation, or limited liability corporation.

NEW SECTION. Sec. 2.  No person engaged in the selling of goods or services may misrepresent his, her, or its geographic location by:

    (1) Listing a local telephone number in a local telephone directory if:

    (a) Calls to the telephone number are routinely forwarded or otherwise transferred to a business location that is outside the calling area covered by the local telephone directory; and

    (b) The listing fails to conspicuously disclose the locality and state in which the business is located; or

    (2) Listing a business name in a local telephone directory if:

    (a) The name misrepresents the business's geographic location; and

    (b) The listing fails to disclose the locality and state in which the business is located.

NEW SECTION. Sec. 3.  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.  Violations of this chapter are not reasonable in relation to the development and preservation of business.  A violation of this chapter 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.  This chapter shall not apply to any person whose listing in a local telephone directory is required to conform to specific federal legal or regulatory standards, or who lists a local telephone number that is used for a computer connection to the internet or a computer network.

NEW SECTION. Sec. 5.  Sections 1 through 4 of this act constitute a new chapter in Title 19 RCW.

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