Telephone solicitation is primarily regulated by two statutes: the Telephone Solicitation Act of 1986 (TSA) and the Commercial Telephone Solicitation Regulation Act of 1989 (CTSRA). These acts contain both similar and distinct provisions. In addition, automatic dialing and commercial solicitation is regulated under telecommunications.
| Telephone Solicitation Act | Commercial Telephone Solicitation Regulation Act | Automatic Dialing and Commercial Solicitation | |
| Scope and Exceptions | The TSA defines "telephone solicitation" as the unsolicited initiation of a telephone call by a commercial or nonprofit company or organization to a person and conversation for the purpose of encouraging the person to purchase property, goods, or services or soliciting donations of money, property, goods, or services.
"Telephone solicitation" does not include
The TSA does not cover calls from political parties. | The CTSRA defines "commercial telephone solicitation" as:
"Commercial telephone solicitor" means any person who engages in commercial telephone solicitation, including service bureaus.
However, many specific industries and activities are exempted by the CTSRA, such as isolated solicitations; calls by charities and collection agencies; and the sale of certain products, like cable television, fish, etc. One specific exemption is for people engaging in commercial telephone solicitation where less than 60 percent of such person's prior year's sales are as a result of the commercial telephone solicitation. | An "automatic dialing and announcing device" is a device which automatically dials telephone numbers and plays a recorded message once a connection is made.
"Commercial solicitation" is the unsolicited initiation of a telephone conversation for the purpose of encouraging a person to purchase property, goods, or services. |
| Prohibition | There are time restrictions and regulations around identification requirements, and when a recipient of the solicitation must be removed from call lists, but there is no prohibition on commercial telephone solicitations. | There are time restrictions and regulations around identification requirements, and when a recipient of the solicitation must be removed from call lists, but there is no prohibition on commercial telephone solicitations. | A person may not use an automatic dialing and announcing device for purposes of commercial solicitation intended to be received by telephone customers within Washington. |
| Fines and Civil Penalties | Violations of the call time restrictions or identification and opt-out, call termination, or list removal requirements are subject to a $1,000 fine for each violation under the TSA. | A civil penalty of $500 to $2,000 shall be imposed by the court for each violation. | Damages to the recipient of commercial solicitations made using an automatic dialing and announcing device are presumed to be $500. |
| Private Civil Actions | Individuals subject to repeated violations may bring a civil action to enjoin violations and recover damages, including at least $100 per violation. A prevailing plaintiff is entitled to attorney's fees and costs. | A person who is injured by a violation may bring an action for recovery of actual damages, attorney's fees, and costs.
A violation is an unfair or deceptive act in trade or commerce for the purposes of the Consumer Protection Act. | A violation is a violation of the Consumer Protection Act. |
Automatic Dialing and Commercial Solicitation.
Definitions.
The definition of "automatic dialing and announcing device" is modified to mean a system which automatically dials telephone numbers and transmits a recorded or artificial voice message once a connection is made. A recorded or artificial message is transmitted even if the recorded or artificial message goes directly to a recipient's voicemail.
The definition of commercial solicitation is also modified to include wrongfully obtaining anything of value.
In addition, the following definitions are added:
Prohibition.
No person may assist in the transmission of a commercial solicitation using an automatic dialing and announcing device. In any action arising from a violation, there is an affirmative defense that a telecommunications provider both acted in compliance with federal law and implemented a reasonably effective plan to mitigate origination, initiation, or transmission of a commercial solicitation using an automatic dialing and announcing device.
Private Civil Actions and Penalties.
A commercial solicitation violation is considered a per se violation of the Consumer Protection Act (CPA), and a person injured by such violations may receive remedies under the CPA. In addition, the person may bring civil action to enjoin further violations and recover actual damages or $1,000 per violation, whichever is greater.
Telephone Solicitation Act.
Definitions.
"Telephone solicitation" is modified to include wrongfully obtaining anything of value.
A definition of "telephone call" is added.
Prohibition.
No person may initiate, or cause to be initiated, a telephone solicitation to any telephone number on the federal do not call registry. It is also unlawful for a person to initiate, or cause to be initiated, a telephone solicitation that violates federal law prohibiting misleading or inaccurate caller identification information. The prohibitions apply to all telephone solicitation intended to be received by telephone customers within Washington.
Exemptions.
Calls made by a membership or labor organization to its own list of bona fide or active members of the organization are also exempted from telephone solicitation regulations.
Private Civil Actions.
A violation of the TSA is made a per se violation of the CPA. The court must award damages of at least $1,000 per violation for persons aggrieved by repeated violations.
Commercial Telephone Solicitation Regulation Act.
Definitions.
"Commercial telephone solicitation" is modified to include wrongfully obtaining anything of value and references to salesperson are removed. In addition, the exemption that a person who had less than 60 percent of their prior year's sales made as a result of commercial telephone solicitation is removed, and such person is now considered a commercial telephone solicitor.
The following definitions are added:
(In support) Everyone receives calls and messages on their phones that are annoying and deceptive. Robocalls are a hazard of the digital age, and hundreds of millions of these calls flood Washington. These are predatory and dangerous calls and scams that affect seniors, youth, and those who are financially fragile. These callers scare older adults, trick consumers, and threaten others with arrest if they do not comply. It is the single highest number of complaints that the Office of the Attorney General receives. Two states, Nebraska and Utah, have passed similar legislation. This proposal strengthens current robocalling laws, recognizing that, due to technological advancements, the statute and definitions need to keep up. Robocalling and solicitation are no longer just about procuring goods and services, but many are after personally identifying information. These callers use fraudulent or misleading caller identification and do not allow a person to call them back. A key enforcement tool is to hold domestic companies accountable for transmitting robocalls.
(Opposed) None.
(Other) There are concerns with the definitions, as more clarity is needed to know what is allowed in terms of offering products over the phone. Fraud should be combated. The telecommunications industry has made efforts across networks to identify bad actors. The federal law requires caller identification authentication with the new Stir Shaken law. The state should avoid an increase in litigation around determining where a phone call resides. The requirement that the established business relationship exists with a live person impacts the healthcare industry, which needs to be able to leave appointment and prescription pick up reminders. In addition, healthcare entities need the ability to communicate with all persons who are authorized to receive healthcare information about a person, not just the patient who has the established business relationship. Higher education institutions are not nefarious actors and want to ensure that the institutions can still reach out to students who need information about attending college, such as reminders about filling out the Free Application for Federal Student Aid.