Engrossed Substitute House Bill 1497 — Commercial Telephone Solicitation (2022)

Summary

Engrossed Substitute House Bill 1497, State of Washington, 67th Legislature, 2022 Regular Session, is by House Consumer Protection & Business and was read first time 01/25/22. The act relates to commercial telephone solicitation and amends RCW 80.36.390, 19.158.040, and 19.158.110. Telephone solicitors must identify themselves and the purpose of the call within the first 30 seconds, end the call within 10 seconds if the called party asks, and not place calls before 8:00 a.m. or after 8:00 p.m. A violation is punishable by a fine of up to one thousand dollars for each violation, and a person aggrieved by repeated violations may sue for damages of at least one hundred dollars each. Section 4 directs the attorney general's office to maintain a web page on solicitation laws and how to file complaints.

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Full text

                     ENGROSSED SUBSTITUTE HOUSE BILL 1497


     State of Washington         67th Legislature     2022 Regular Session

     By House Consumer Protection & Business (originally sponsored by
     Representatives   Mosbrucker,  Chandler, Peterson, Dent, Schmick,
     Steele, Pollet, Eslick, and Young)

     READ FIRST TIME 01/25/22.




1        AN ACT Relating to commercial telephone solicitation; amending
2    RCW 80.36.390, 19.158.040, and 19.158.110; and adding a new section
3    to chapter 19.158 RCW.


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


 5       Sec. 1.   RCW 80.36.390 and 2015 c 53 s 95 are each amended to
 6   read as follows:
 7       (1) As used in this section, "telephone solicitation" means the
 8   unsolicited initiation of a telephone call by a commercial or
 9   nonprofit company or organization to a ((residential telephone
10   customer)) person and conversation for the purpose of encouraging
11   ((a)) the person to purchase property, goods, or services or
12   soliciting donations of money, property, goods, or services.
13   "Telephone solicitation" does not include:
14       (a) Calls made in response to a request or inquiry by the called
15   party. This includes calls regarding an item that has been purchased
16   by the called party from the company or organization during a period
17   not longer than twelve months prior to the telephone contact;
18       (b) Calls made by a not-for-profit organization to its own list
19   of bona fide or active members of the organization;
20       (c) Calls limited to polling or soliciting the expression of
21   ideas, opinions, or votes; or
                                       p. 1                         ESHB 1497
 1       (d) Business-to-business contacts.
 2       For purposes of this section, each individual real estate agent
 3   or insurance agent who maintains a separate list from other
 4   individual real estate or insurance agents shall be treated as a
 5   company   or  organization.   For  purposes   of   this  section,  an
 6   organization as defined in RCW 29A.04.086 or 29A.04.097 and organized
 7   pursuant to chapter 29A.80 RCW shall not be considered a commercial
 8   or nonprofit company or organization.
 9       (2) A person making a telephone solicitation must identify him or
10   herself and the company or organization on whose behalf the
11   solicitation is being made and the purpose of the call within the
12   first ((thirty)) 30 seconds of the telephone call.
13       (3) As used in this section, "telephone solicitor" means a
14   commercial or nonprofit company or organization engaged in telephone
15   solicitation.
16       (4) If the telephone solicitor is requesting a donation or gift
17   of money, the telephone solicitor must ask the called party whether
18   they want to continue the call, end the call, or be removed from the
19   solicitor's telephone lists.
20       (5) If, at any time during the telephone contact, the called
21   party states or indicates they want to end the call, the telephone
22   solicitor must end the call within 10 seconds.
23       (6) If, at any time during the telephone contact, the called
24   party states or indicates that he or she does not ((wish)) want to be
25   called again by the ((company or organization)) telephone solicitor
26   or wants to have his or her name ((and)), individual telephone
27   number, or other contact information removed from the telephone lists
28   used by the ((company or organization making the telephone
29   solicitation, then)) telephone solicitor:
30       (a) The telephone solicitor shall inform the called party that
31   his or her contact information will be removed from the telephone
32   solicitor's telephone lists for at least one year;
33       (b) The telephone solicitor shall end the call within 10 seconds;
34       (c) The ((company or organization)) telephone solicitor shall not
35   make any additional telephone solicitation of the called party at
36   ((that telephone number)) any telephone number associated with that
37   party within a period of at least one year; and
38       (((b))) (d) The ((company or organization)) telephone solicitor
39   shall not sell or give the called party's name ((and)), telephone
40   number, and other contact information to another company or
                                     p. 2                        ESHB 1497
 1   organization:   PROVIDED,   That  the   ((company  or   organization))
 2   telephone solicitor may return the list, including the called party's
 3   name ((and)), telephone number, and other contact information to the
 4   company or organization from which it received the list.
 5       (((4))) (7) A telephone solicitor shall not place calls to any
 6   person which will be received before 8:00 a.m. or after 8:00 p.m. at
 7   the call recipient's local time.
 8       (8) A violation of subsection (2) ((or)), (3), (4), (5), (6), or
 9   (7) of this section is punishable by a fine of up to one thousand
10   dollars for each violation.
11       (((5))) (9) The attorney general may bring actions to enforce
12   compliance with this section. For the first violation by any
13   ((company or organization)) telephone solicitor of this section, the
14   attorney general shall notify the ((company)) telephone solicitor
15   with a letter of warning that the section has been violated.
16       (((6))) (10) A person aggrieved by repeated violations of this
17   section may bring a civil action in superior court to enjoin future
18   violations, to recover damages, or both. The court shall award
19   damages of at least one hundred dollars for each individual violation
20   of this section. If the aggrieved person prevails in a civil action
21   under this subsection, the court shall award the aggrieved person
22   reasonable attorneys' fees and cost of the suit.
23       (((7))) (11) The utilities and transportation commission shall by
24   rule   ensure   that   telecommunications   companies  inform   their
25   residential customers of the provisions of this section. The
26   notification may be made by (a) annual inserts in the billing
27   statements mailed to residential customers, or (b) conspicuous
28   publication of the notice in the consumer information pages of local
29   telephone directories.

30       Sec. 2. RCW 19.158.040 and 2002 c 86 s 284 are each amended to
31   read as follows:
32       In addition to the unprofessional conduct described in RCW
33   18.235.130, the director of the department of licensing may take
34   disciplinary action for any of the following conduct, acts, or
35   conditions:
36       (1) It shall be unlawful for any person to engage in unfair or
37   deceptive commercial telephone solicitation.
38       (2) A commercial telephone solicitor shall not place calls to any
39   ((residence)) person which will be received before 8:00 a.m. or after
                                     p. 3                        ESHB 1497
 1   ((9:00)) 8:00 p.m. at the ((purchaser's)) call recipient's local
 2   time.
 3       (3) A commercial telephone solicitor may not engage in any
 4   conduct the natural consequence of which is to harass, intimidate, or
 5   torment any person in connection with the telephone call.
 6       (4) A person making a telephone solicitation must identify him or
 7   herself and the company or organization on whose behalf the
 8   solicitation is being made and the purpose of the call within the
 9   first 30 seconds of the telephone call.
10       (5) A commercial telephone solicitor must end a call within 10
11   seconds if the called party states or indicates they want to end the
12   call.
13       (6) A commercial telephone solicitor must promptly implement a
14   call recipient's statement or indication they do not want to be
15   called again, or want to be removed from the telephone lists used by
16   the company or organization making the telephone solicitation.


17       Sec. 3.   RCW 19.158.110 and 1989 c 20 s 11 are each amended to
18   read as follows:
19       (1) ((Within the first minute of the telephone call, a commercial
20   telephone solicitor or salesperson shall:
21       (a) Identify himself or herself, the company on whose behalf the
22   solicitation is being made, the property, goods, or services being
23   sold; and
24       (b) Terminate the telephone call within ten seconds if the
25   purchaser indicates he or she does not wish to continue the
26   conversation)) A person making a telephone solicitation must identify
27   him or herself and the company or organization on whose behalf the
28   solicitation is being made and the purpose of the call within the
29   first 30 seconds of the telephone call.
30       (2) If, at any time during the telephone contact, the called
31   party states or indicates that he or she wants to end the call, the
32   telephone solicitor must end the call within 10 seconds.
33       (3)   If  at   any  time   during   the  telephone   contact, the
34   ((purchaser)) called party states or indicates that he or she does
35   not ((wish)) want to be called again by the commercial telephone
36   solicitor or wants to have his or her name ((and)), individual
37   telephone number, or other contact information removed from the
38   telephone lists used by the commercial telephone solicitor:


                                     p. 4                        ESHB 1497
 1       (a) The commercial telephone solicitor shall inform the called
 2   party that his or her contact information will be removed from the
 3   telephone solicitor's telephone lists for at least one year;
 4       (b) The commercial telephone solicitor shall end the call within
 5   10 seconds;
 6       (c) The commercial telephone solicitor shall not make any
 7   additional commercial telephone solicitation of the called party at
 8   ((that)) any telephone number associated with that party within a
 9   period of at least one year; and
10       (((b))) (d) The commercial telephone solicitor shall not sell or
11   give the called party's name ((and)), telephone number, or other
12   contact information to another commercial telephone solicitor:
13   PROVIDED, That the commercial telephone solicitor may return the
14   list, including the called party's name ((and)), telephone number,
15   and other contact information to the company or organization from
16   which it received the list.
17       (((3))) (4) A commercial telephone solicitor shall not place
18   calls to any person which will be received before 8:00 a.m. or after
19   8:00 p.m. at the call recipient's local time.
20       (5) The utilities and transportation commission shall by rule
21   ensure that telecommunications companies inform their residential
22   customers of the provisions of this section. The notification may be
23   made by:
24       (a) Annual inserts in the billing statements mailed to
25   residential customers; or
26       (b) Conspicuous publication of the notice in the consumer
27   information pages of local telephone directories.
28       (((4))) (6) If a sale or an agreement to purchase is completed,
29   the commercial telephone solicitor must inform the purchaser of his
30   or her cancellation rights as enunciated in this chapter, state the
31   registration number issued by the department of licensing, and give
32   the street address of the seller.
33       (((5))) (7) If, at any time prior to sale or agreement to
34   purchase, the commercial telephone solicitor's registration number is
35   requested by the purchaser, it must be provided.
36       (((6))) (8) All oral disclosures required by this section shall
37   be made in a clear and intelligible manner.


38       NEW SECTION. Sec. 4.   A new section is added to chapter 19.158
39   RCW to read as follows:
                                     p. 5                        ESHB 1497
1       The office of the attorney general shall provide and maintain a
2   web page informing the public of the laws and regulations governing
3   telephone solicitation, including the provisions of this chapter and
4   RCW 80.36.390, and the legal rights of those who receive telephone
5   solicitations; and provide information on how members of the public
6   may file a complaint for violations of the laws and regulations
7   governing telephone solicitation.

                                --- END ---




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