5132-S AMS FINK S2121.1

SSB 5132 - S AMD 143

By Senator Finkbeiner

    On page 2, line 14, after "section and" strike "section 2" and insert "sections 2 and 5"

SSB 5132 - S AMD 143

By Senator Finkbeiner

    On page 4, after line 19, insert the following:

    "NEW SECTION. Sec. 4.  A new section is added to chapter 19.158 RCW to read as follows:

    (1) A commercial telephone solicitor, when engaging in commercial telephone solicitation, shall provide caller identification information that is required by a caller identification service if such service is available.

    (2) A commercial telephone solicitor, when engaging in commercial telephone solicitation, shall not circumvent or interfere with the capability of a caller identification service to deliver the solicitor's name, number, or location.

    (3) In addition to any other penalties or remedies available under this chapter or chapter 19.86 RCW, a person injured by a violation of this section may bring an action for recovery of liquidated damages in the amount of one thousand dollars per violation, plus court costs and attorneys' fees.

NEW SECTION. Sec. 5.  A new section is added to chapter 19.158 RCW to read as follows:

    (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

    (a) "Prerecorded telephone message" means an unsolicited recorded telephone message without an introduction by an unrecorded voice informing the receiver of the:  (i) Identity and telephone number of the caller and (ii) option to immediately discontinue the call.

    (b) "Prerecorded telephone message" does not include the following:  (i) A recorded message disseminated with the prior consent of the receiver; (ii) a recorded message related to public health, safety, or welfare, including, but not limited to, noncommercial recorded messages disseminated by libraries, schools, and entities conducting epidemiological studies; and (iii) a recorded message, that is not a commercial telephone solicitation, disseminated to a person with whom the caller has had a business relationship within the past twelve months.

    (2) No person initiating a telephone call may use a prerecorded telephone message.  This section applies to all prerecorded telephone messages intended to be received by persons within the state.

    (3) In addition to any other penalties or remedies available under this chapter or chapter 19.86 RCW, a person injured by a violation of this section may bring an action for recovery of liquidated damages in the amount of one thousand dollars per violation, plus court costs and attorneys' fees.

    (4) Nothing in this section shall be construed to restrict the application of any laws applying to telephone solicitations."

    Renumber the remaining section consecutively and correct any internal references accordingly.

    On page 4, line 20, after "Sec. 4." strike "This act takes" and insert "Sections 2 and 3 of this act take"

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