BILL REQ. #:  S-0875.2 

Read first time 01/29/2007.   Referred to Committee on Consumer Protection & Housing.

     AN ACT Relating to unsolicited direct mail marketing; adding a new chapter to Title 19 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Attorney general" means the office of the attorney general.
     (2) "Consumer" means an individual residing in this state who is or may be required to pay for or to exchange consideration for goods and services offered through direct mail marketing.
     (3) "Direct mail marketer" means any person who, for financial profit or commercial purposes in connection with direct mail marketing, mails solicitations for the sale of goods or services to a consumer when the consumer is in this state. It includes any person who directly controls or supervises the conduct of a direct mail marketer. For the purposes of this subsection, "commercial purposes" means the sale or offer for sale of goods or services.
     (4) "Direct mail marketing" means any mailing which contains solicitations for the sale of goods or services and is directed by personal mail delivery to a consumer at his or her residence within this state.
     (5) "Doing business in this state" means mailing or causing to be mailed any direct mail marketing solicitation delivered to a residence by means of personal delivery (a) from a location in this state; or (b) from a location outside of this state to consumers residing in this state.
     (6) "Goods and services" means any goods and services, and includes any real property or any tangible personal property or services of any kind.
     (7) "Person" means any natural person, association, partnership, firm, limited liability company, corporation and its affiliates or subsidiaries, or other business entity.
     (8) "Unsolicited direct mail marketing" means any direct mail marketing mailing other than a mailing:
     (a) In response to an express written or verbal request of the consumer;
     (b) In connection with an established business relationship, which has not been terminated by either party; or
     (c) To an existing consumer, unless the consumer has expressed to the direct mail marketer that the consumer no longer wishes to receive any more direct marketing mail from that marketer.

NEW SECTION.  Sec. 2   (1) The attorney general shall establish and maintain a do not mail registry. The registry is a list of consumers who do not wish to receive unsolicited direct mail marketing. The attorney general may contract with a private vendor to establish and maintain the registry.
     (2) No direct mail marketer shall mail or cause to be mailed any unsolicited direct mail marketing to any consumer more than thirty days after the consumer's name and address appears on the then current quarterly do not mail registry made available by the attorney general under subsection (4) of this section.
     (3) The attorney general shall provide notice to consumers of the establishment of the do not mail registry and shall specify the methods by which each resident may be included on the registry. There is no cost to the resident for joining the registry. A consumer may notify the attorney general by calling a toll-free number provided by the attorney general, or providing notification in any other manner allowed by the attorney general. A consumer on the registry must be deleted from the registry upon the consumer's written request. The attorney general must update the registry not less than quarterly.
     (4) The attorney general shall make the registry available to direct mail marketers for a fee. The fee shall be adopted by rule by the attorney general.
     (5) A person shall not be held liable for violating this section if:
     (a) The person has obtained a copy of the current do not mail registry and has established and implemented written policies and procedures related to the requirements of this section;
     (b) The person has trained his or her personnel in the requirements of this section;
     (c) The person maintains records demonstrating compliance with (a) and (b) of this subsection and the other requirements of this chapter; and
     (d) Any subsequent unsolicited direct mail marketing is the result of error.
     (6) The attorney general shall adopt rules to implement this chapter.

NEW SECTION.  Sec. 3   (1) Violations of this chapter are punishable by a fine of two thousand dollars for each violation.
     (2) The attorney general may bring an action to enforce compliance with this chapter.
     (3) The remedies and penalties in this section are in addition to any other penalties and remedies available to any person.

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   The do not mail registry account is created in the custody of the state treasurer. All receipts from the fee for accessing the registry under section 2 of this act must be deposited into the account. Expenditures from the account may be made only for the purposes of this chapter. Only the attorney general or the attorney general's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 6   Sections 1 through 5 of this act constitute a new chapter in Title 19 RCW.