BILL REQ. #:  H-3820.2 

Prefiled 12/20/07. Read first time 01/14/08.   Referred to Committee on Technology, Energy & Communications.

     AN ACT Relating to disclosure of wireless numbers; amending RCW 19.250.010; and adding a new section to chapter 19.250 RCW.

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

Sec. 1   RCW 19.250.010 and 2005 c 322 s 1 are each amended 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, or any person in the business of compiling, marketing, selling, maintaining, or otherwise sharing the phone number of any subscriber for commercial purposes, 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 database, 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 database. In obtaining the subscriber's consent, the person or 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 database. The person or 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, opt-in consent pursuant to subsection (1) of this section may revoke that consent at any time. A radio communications service company, person, or provider 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 fifty thousand 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) 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.
     (8) For the purposes of this section, "subscriber" means a person who subscribes to radio communications services, radio paging, or cellular communications service.

NEW SECTION.  Sec. 2   A new section is added to chapter 19.250 RCW to read as follows:
     Any person in the business of compiling, marketing, selling, maintaining, or otherwise sharing the phone number of any subscriber for commercial purposes, who has maintained a directory before the effective date of this act, must within thirty days either:
     (1) Secure the express, opt-in consent of each subscriber listed in the directory as specified in RCW 19.250.010; or
     (2) Remove the phone numbers of any subscribers who have not provided their express, opt-in consent.