BILL REQ. #:  H-4882.2 

READ FIRST TIME 02/06/04.   

     AN ACT Relating to consumer knowledge of contact center operations; adding a new chapter to Title 19 RCW; and providing an effective date.

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

NEW SECTION.  Sec. 1   The legislature finds that consumers increasingly use telephonic and electronic communications to purchase goods and services, inquire about their accounts, and obtain technical support or other information. Most telephonic and electronic customer service transactions are provided by customer service or sales representatives located in centralized contact centers. Many businesses do not operate their own customer sales and service operations, but contract with third party contact centers that misrepresent themselves as the businesses themselves. Contact centers may be subject to different privacy and security standards depending on their location. The legislature also finds that consumer rights when dealing with contact centers need greater protection. Consumers have a right to know who they have contacted, to know where they are located, to receive truthful information, and to engage in secure financial transactions. For these reasons, the legislature hereby establishes standards governing contact centers to strengthen consumer rights to choose, to be informed, and to protect the privacy and security of their personal information.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
      (1) "Contact center" means a physical or electronic operation that uses telephonic or electronic communications in one or more of the following activities: (a) Providing customer services, including information about customer accounts; (b) soliciting sales; (c) reactivating dormant accounts; (d) conducting surveys or research; (e) collecting receivables; (f) taking or receiving reservations; or (g) taking or receiving orders.
     (2) "Location" means: (a) City, town, or other local jurisdiction; (b) state, province, or comparable jurisdiction; and (c) country. "Location" does not mean street address.
     (3) "Personal information" means personally identifiable information that is provided by a person to a contact center, which includes, but is not limited to, a person's name, address, telephone number, electronic mail address, social security number, or credit or other financial information.

NEW SECTION.  Sec. 3   At the request of a party using telephonic or electronic communications with an employee of a contact center, the employee must identify: (1) The name and location of his or her employer; and (2) if applicable, the name, location, and telephone number of the entity contracting with the contact center.

NEW SECTION.  Sec. 4   An employee at a contact center may not solicit any personal information, whether using telephonic or electronic communications, unless the employee first informs the party that disclosing that information to the employee is optional and receives the affirmative consent of the party to whom the information relates.

NEW SECTION.  Sec. 5   If an entity offering goods for sale in this state contracts with any contact centers:
     (1) The terms of the contract must include a requirement that the contact center comply with sections 3 and 4 of this act; and
     (2) The entity must disclose the locations of the contact centers in a notice to buyers. The notice must be printed in twelve-point type or larger, and must clearly and conspicuously set forth the locations of any contact centers.

NEW SECTION.  Sec. 6   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. 7   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 8   This act takes effect July 1, 2009.

NEW SECTION.  Sec. 9   Sections 1 through 8 of this act constitute a new chapter in Title 19 RCW.