S-2019.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 5893

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State of Washington      56th Legislature     1999 Regular Session

By Senate Committee on Energy, Technology & Telecommunications (originally sponsored by Senators Haugen, Sellar, Spanel, McCaslin, Prentice, Loveland, Winsley and Oke)

Read first time 03/03/99.

Prohibiting a business that delivers cut flower arrangements to misrepresent the geographic location of the business.

    AN ACT Relating to business address disclosure in telephone directories; and adding a new chapter to Title 19 RCW.

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

NEW SECTION. Sec. 1.  It is the intent of the legislature to prohibit deceptive advertising in the retail delivery of cut flower arrangements.

NEW SECTION. Sec. 2.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

    (1) "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 or 800 or 900 exchange numbers listed in a local telephone directory.

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

NEW SECTION. Sec. 3.  No person engaged in the retail delivery of cut flower arrangements may misrepresent the geographic location of his or her business in any telephone directory intended for free distribution by:

    (1) Listing a local telephone number, if:  (a) The person does not operate a physical location to prepare cut flower arrangements within the calling area covered by the local telephone directory; or (b) the person fails to disclose in the local telephone directory the city where calls to the local telephone number will be answered;

    (2) Using a fictitious or assumed business name that includes a local geographic location, if:  (a) The person does not operate a physical location to prepare cut flower arrangements within the boundaries of the geographic location named or within the calling area covered by the local telephone directory associated with the named geographic location; or (b) the person fails to disclose in the local telephone directory the city where calls to the business will be answered.

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

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