SHB 1185 -
By Committee on Financial Institutions, Housing & Consumer
Protection
ADOPTED 04/13/2005
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to Title 19 RCW to
read as follows:
(1) A radio communications service company, as defined in RCW
80.04.010, or any direct or indirect affiliate or agent of a provider,
shall not include the phone number of any subscriber for inclusion in
any directory of any form, nor shall it sell the contents of any
directory data base, without first obtaining the express, opt-in
consent of that subscriber. The subscriber's consent must be obtained
either in writing or electronically, and a receipt must be provided to
the subscriber. The consent shall be a separate document or located on
a separate screen or web page that has the sole purpose of authorizing
a radio communications service company to include the subscriber's
phone number in a publicly available directory assistance data base.
In obtaining the subscriber's consent, the provider shall unambiguously
disclose that, by consenting, the subscriber agrees to have the
subscriber's phone number sold or licensed as part of a list of
subscribers and that the phone number may be included in a publicly
available directory assistance data base. The provider must also
disclose that by consenting to be included in the directory, the
subscriber may incur additional charges for receiving unsolicited calls
or text messages.
(2) A subscriber who provides express consent pursuant to
subsection (1) of this section may revoke that consent at any time. A
radio communications service company shall comply with the subscriber's
request to opt out within a reasonable period of time, not to exceed
sixty days.
(3) A subscriber shall not be charged for opting not to be listed
in the directory.
(4) This section does not apply to the provision of telephone
numbers, for the purposes indicated, to:
(a) Any law enforcement agency, fire protection agency, public
health agency, public environmental health agency, city or county
emergency services planning agency, or private for-profit corporation
operating under contract with, and at the direction of, one or more of
these agencies, for the exclusive purpose of responding to a 911 call
or communicating an imminent threat to life or property. Information
or records provided to a private for-profit corporation pursuant to (b)
of this subsection shall be held in confidence by that corporation and
by any individual employed by or associated with that corporation.
Such information or records shall not be open to examination for any
purpose not directly connected with the administration of the services
specified in this subsection;
(b) A lawful process issued under state or federal law;
(c) A telecommunications company providing service between service
areas for the provision of telephone services to the subscriber between
service areas, or to third parties for the limited purpose of providing
billing services;
(d) A telecommunications company to effectuate a customer's request
to transfer the customer's assigned telephone number from the
customer's existing provider of telecommunications services to a new
provider of telecommunications services;
(e) The utilities and transportation commission pursuant to its
jurisdiction and control over telecommunications companies; and
(f) A sales agent to provide the subscriber's cell phone numbers to
the cellular provider for the limited purpose of billing and customer
service.
(5) Every knowing violation of this section is punishable by a fine
of up to five hundred dollars for each violation.
(6) The attorney general may bring actions to enforce compliance
with this section. For the first violation by any company or
organization of this section, the attorney general may notify the
company with a letter of warning that the section has been violated.
(7) A person aggrieved by a violation of this section may bring a
civil action in superior court to enjoin future violations, to recover
damages, or both. The court shall award damages of at least five
hundred dollars for each individual violation of this section. If the
aggrieved person prevails in a civil action under this subsection, the
court shall award the aggrieved person reasonable attorneys' fees and
cost of the suit.
(8) No telecommunications company, nor any official or employee of
a telecommunications company, shall be subject to criminal or civil
liability for the release of customer information as authorized by this
section."
SHB 1185 -
By Committee on Financial Institutions, Housing & Consumer
Protection
ADOPTED 04/13/2005
On page 1, at the beginning of line 2 of the title, strike the remainder of the title and insert "adding a new section to Title 19 RCW; and prescribing penalties."