Washington Senate Bill Report ESHB 1650 (Feb. 21, 2022)
- Issuer
- Congressional materials
- Document type
- Report
- Date
- 2022-02-22
- Case
- 2022 02 22 A29904 D243813 Bill Report 1650 S E Sba Bfst 22
Summary
A Senate Bill Report on ESHB 1650, an act relating to commercial solicitation, as of February 21, 2022, prepared by staff of the Senate Committee on Business, Financial Services & Trade. The report states the bill passed the House on 2/10/22, 54-41, and was before the committee on 2/22/22. Its background section describes existing Washington law on commercial e-mail, commercial electronic text messages and automatic dialing and announcing devices. The summary of the bill describes expanded definitions, a written-consent requirement for certain text messages and automated calls, a presumption that messages to a Washington area code reach a person within Washington, and increased damages of $1,000 per violation for recipients. The report states there is no appropriation and no fiscal note was requested.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
SENATE BILL REPORT
ESHB 1650
As of February 21, 2022
Title: An act relating to commercial solicitation.
Brief Description: Concerning commercial solicitation.
Sponsors: House Committee on Consumer Protection & Business (originally sponsored by
Representatives Leavitt, Mosbrucker, Eslick, Pollet, Griffey and Young).
Brief History: Passed House: 2/10/22, 54-41.
Committee Activity: Business, Financial Services & Trade: 2/22/22.
Brief Summary of Bill
• Modifies the civil remedies available for certain violations of state laws
related to commercial e-mail messages, commercial electronic text
messages, and commercial solicitation via automatic dialing and
announcing devices.
• Expands the definitions of commercial e-mail message, commercial
electronic text message, and commercial solicitation to include
communications that advertise the commercial availability of property,
goods, or services.
• Clarifies that a text message or voice communication sent to a telephone
number with a Washington area code is presumed to be received by a
resident within Washington.
• Expands the definition of automatic dialing and announcing device to
include additional telemarketing technologies and methods.
• Requires consent to receive certain commercial electronic text messages
and commercial solicitation via automatic dialing and announcing
devices to be made in writing.
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.
Senate Bill Report -1- ESHB 1650
SENATE COMMITTEE ON BUSINESS, FINANCIAL SERVICES & TRADE
Staff: Clinton McCarthy (786-7319)
Background: Commercial E-mail Messages and Text Messages. Commercial electronic
mail messages and commercial electronic text messages are e-mail and text messages sent
for the purpose of promoting real property, goods, or services for sale or lease, subject to
certain statutory exceptions. State law regulates commercial e-mail messages that originate
from a computer located in Washington, or are sent to an e-mail address that the sender
knows, or has reason to know, is held by a Washington resident; and commercial electronic
text messages that are sent to a telephone number assigned to a Washington resident for
cellular telephone or pager service that is equipped for the transmission of text messages.
A person may not transmit, conspire with another to transmit, or assist in the transmission
of a commercial e-mail that uses a third party's Internet domain name without permission,
or otherwise misrepresents or obscures any information in identifying the point of origin or
the transmission path of the commercial e-mail; or contains false or misleading information
in the subject line. A person may not solicit, request, or take any action to induce another to
provide personally identifying information by means of a web page or e-mail, or use of the
Internet to represent oneself, either directly or by implication, to be another person, without
permission.
A person conducting business in Washington may not transmit or assist in the transmission
of a commercial electronic text message to a telephone number assigned to a Washington
resident unless the sender is offering cellular telephone or pager service to an existing
subscriber, and the text message is sent at no cost to the subscriber; or the recipient of the
text message is a subscriber who has clearly and affirmatively consented in advance to
receive the text message.
Damages to the recipient of a commercial e-mail or text message sent in violation of these
provisions are $500 for each violation, or actual damages, whichever is greater. Damages
to an interactive computer service provider resulting from a violation of these provisions are
$1,000 for each violation, or actual damages, whichever is greater.
A private right of action is provided for specific violations of the provision prohibiting
soliciting, requesting, or inducing another to provide personally identifying information.
Damages to an injured plaintiff are $500 per violation, or actual damages, whichever is
greater. If the plaintiff is engaged in the business of providing Internet access service to the
public, an owner of a web page, or trademark owner, damages are $5,000 per violation, or
actual damages, whichever is greater. The court may also award costs and reasonable
attorneys' fees to a prevailing party.
Automatic Dialing and Commercial Solicitation. An automatic dialing and announcing
device is a device which automatically dials telephone numbers and plays a recorded
Senate Bill Report -2- ESHB 1650
message once a connection is made. Commercial solicitation is the unsolicited initiation of
a telephone conversation for encouraging a person to purchase property, goods, or services.
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. Damages to the recipient of commercial solicitations made using an automatic
dialing and announcing device are presumed to be $500.
Summary of Bill: Commercial E-mails and Text Messages. The definitions of commercial
e-mail messages and commercial electronic text messages are modified to include e-mail
and text messages sent for advertising the commercial availability of real property, goods,
or services for sale or lease, except e-mail and text messages that constitute collection
activity. Electronic text messages include text messages sent to any cellular phone, mobile
phone, smart phone, tablet, pager, or similar device equipped with short message service,
rich communication service, or any similar capability.
A person may not solicit, request, or take any action to induce another to provide personally
identifying information, money, goods, or services, by means of a web page, e-mail,
electronic text message, phone call, or use of the Internet or any telecommunication service
to represent oneself, either directly or by implication, to be another person, without the
authority or approval of such other person.
A person may not transmit or assist in the transmission of a commercial electronic text
message to a person within Washington unless:
• the sender is offering telecommunications service to the recipient who is the sender's
existing subscriber, and the text message is sent at no cost to the subscriber;
• the text message is transmitted by a person with an established business relationship
with the recipient; or
• the recipient of the text message has clearly and affirmatively consented in writing in
advance to receive the text message from the sender.
The recipient may provide written consent electronically, provided that the recipient is
given a clear, detailed disclosure as to what text messages they are consenting to receiving,
and the electronic written consent only applies to text messages from the person seeking the
recipient's consent. A text message sent to a telephone number with a Washington area
code is presumed to be received by a person within Washington.
Damages to the recipient of a commercial e-mail or text message sent in violation of these
provisions are increased to $1,000 dollars for each violation, or actual damages, whichever
is greater. Damages to an interactive computer service provider resulting from a violation
of these provisions are increased to $2,000 for each violation, or actual damages, whichever
is greater.
The private right of action provided for specific violations of the prohibition against
Senate Bill Report -3- ESHB 1650
soliciting, requesting, or inducing another to provide personally identifying information is
expanded to apply to violations of the provisions regulating commercial e-mail and text
messages. Damages to an injured plaintiff are increased to $1,000 per violation, or actual
damages, whichever is greater. The court must also award costs and reasonable attorneys'
fees to a prevailing plaintiff.
Automatic Dialing and Commercial Solicitation. The definition of automatic dialing and
announcing device is modified to include any device or system of devices that is used for
automatically selecting or dialing telephone numbers and transmitting a voice
communication, whether a live voice, artificial voice, or prerecorded message. The
definition of commercial solicitation is modified to include voice communication for
advertising the commercial availability of property, goods, or services, or to provide
personally identifying information, and does not include a voice communication to a person
who has clearly and affirmatively consented in writing in advance to receive the voice
communication; or a voice communication transmitted by a person with an established
business relationship with the recipient. The recipient may provide written consent
electronically, provided that the recipient is given a clear, detailed disclosure as to what
communications they are consenting to receiving, and the electronic written consent only
applies to communications from the person seeking the recipient's consent.
A person may not transmit or assist in the transmission of a commercial solicitation to a
person within Washington, or any Washington resident whose telephone number is on the
National Do Not Call Registry maintained by the federal government, using an automatic
dialing and announcing device. A transmission made to a telephone number with a
Washington area code is presumed to be received by a resident within Washington. A
private right of action is created for violations of this provision. Damages to an injured
plaintiff are increased to $1,000 per violation, or actual damages, whichever is greater.
Appropriation: None.
Fiscal Note: Not requested.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Senate Bill Report -4- ESHB 1650
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- Original
- app.leg.wa.gov