Washington Telephone Solicitation
RCW 80.36.390
RCW 80.36.400
RCW 19.09.100
RCW 19.158, et seq.
RCW 80.36.390
Revised Code of Washington
Title 80 – Public Utilities
Chapter 80.36 - Telecommunications.
RCW 80.36.390 Telephone solicitation.
(1) As used in this section, "telephone solicitation" means 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:
(a) Calls made in response to a request or inquiry by the called party. This includes calls regarding an item that has been purchased by the called party from the company or organization during a period not longer than twelve months prior to the telephone contact;
(b) Calls made by a not-for-profit organization to its own list of bona fide or active members of the organization;
(c) Calls limited to polling or soliciting the expression of ideas, opinions, or votes; or
(d) Business-to-business contacts.
For purposes of this section, each individual real estate agent or insurance agent who maintains a separate list from other individual real estate or insurance agents shall be treated as a company or organization. For purposes of this section, an organization as defined in RCW 29A.04.086 or 29A.04.097 and organized pursuant to chapter 29A.80 RCW shall not be considered a commercial or nonprofit company or organization.
(2) A person making a telephone solicitation must identify him or herself and the company or organization on whose behalf the solicitation is being made and the purpose of the call within the first 30 seconds of the telephone call.
(3) As used in this section, "telephone solicitor" means a commercial or nonprofit company or organization engaged in telephone solicitation.
(4) If the telephone solicitor is requesting a donation or gift of money, the telephone solicitor must ask the called party whether they want to continue the call, end the call, or be removed from the solicitor's telephone lists.
(5) If, at any time during the telephone contact, the called party states or indicates they want to end the call, the telephone solicitor must end the call within 10 seconds.
(6) If, at any time during the telephone contact, the called party states or indicates that he or she does not want to be called again by the telephone solicitor or wants to have his or her name, individual telephone number, or other contact information removed from the telephone lists used by the telephone solicitor:
(a) The telephone solicitor shall inform the called party that his or her contact information will be removed from the telephone solicitor's telephone lists for at least one year;
(b) The telephone solicitor shall end the call within 10 seconds;
(c) The telephone solicitor shall not make any additional telephone solicitation of the called party at any telephone number associated with that party within a period of at least one year; and
(d) The telephone solicitor shall not sell or give the called party's name, telephone number, and other contact information to another company or organization: PROVIDED, That the telephone solicitor may return the list, including the called party's name, telephone number, and other contact information to the company or organization from which it received the list.
(7) A telephone solicitor shall not place calls to any person which will be received before 8:00 a.m. or after 8:00 p.m. at the call recipient's local time.
(8) A violation of subsection (2), (3), (4), (5), (6), or (7) of this section is punishable by a fine of up to one thousand dollars for each violation.
(9) The attorney general may bring actions to enforce compliance with this section. For the first violation by any telephone solicitor of this section, the attorney general shall notify the telephone solicitor with a letter of warning that the section has been violated.
(10) A person aggrieved by repeated violations of this section may bring a civil action in superior court to enjoin future violations, to recover damages, or both. The court shall award damages of at least one hundred dollars for each individual violation of this section. If the aggrieved person prevails in a civil action under this subsection, the court shall award the aggrieved person reasonable attorneys' fees and cost of the suit.
(11) The utilities and transportation commission shall by rule ensure that telecommunications companies inform their residential customers of the provisions of this section. The notification may be made by (a) annual inserts in the billing statements mailed to residential customers, or (b) conspicuous publication of the notice in the consumer information pages of local telephone directories.
[ 2022 c 195 § 1; 2015 c 53 § 95; 1987 c 229 § 13; 1986 c 277 § 2.]
NOTES:
Legislative finding—1986 c 277: "The legislature finds that certain kinds of telephone solicitation are increasing and that these solicitations interfere with the legitimate privacy rights of the citizens of the state. A study conducted by the utilities and transportation commission, as directed by the forty-ninth legislature, has found that the level of telephone solicitation in this state is significant to warrant regulatory action to protect the privacy rights of the citizens of the state. It is the intent of the legislature to clarify and establish the rights of individuals to reject unwanted telephone solicitations." [ 1986 c 277 § 1.]
Charitable solicitations: Chapter 19.09 RCW.
Commercial telephone solicitation: Chapter 19.158 RCW.
RCW 80.36.400
Automatic Dialing and Announcing Devices Prohibited
Revised Code of Washington
Title 80 – Public Utilities
Chapter 80.36 - Telecommunications.
RCW 80.36.400
Automatic dialing and announcing device—Commercial solicitation by.
(1) As used in this section:
(a) An automatic dialing and announcing device is a device which automatically dials telephone numbers and plays a recorded message once a connection is made.
(b) Commercial solicitation means the unsolicited initiation of a telephone conversation for the purpose of encouraging a person to purchase property, goods, or services.
(2) No person may use an automatic dialing and announcing device for purposes of commercial solicitation. This section applies to all commercial solicitation intended to be received by telephone customers within the state.
(3) A violation of this section is a violation of chapter 19.86 RCW. It shall be presumed that damages to the recipient of commercial solicitations made using an automatic dialing and announcing device are five hundred dollars.
(4) Nothing in this section shall be construed to prevent the Washington utilities and transportation commission from adopting additional rules regulating automatic dialing and announcing devices.
[ 1986 c 281 § 2.]
NOTES:
Legislative finding—1986 c 281: "The legislature finds that the use of automatic dialing and announcing devices for purposes of commercial solicitation: (1) Deprives consumers of the opportunity to immediately question a seller about the veracity of their claims; (2) subjects consumers to unwarranted invasions of their privacy; and (3) encourages inefficient and potentially harmful use of the telephone network. The legislature further finds that it is in the public interest to prohibit the use of automatic dialing and announcing devices for purposes of commercial solicitation." [ 1986 c 281 § 1.]
RCW 19.09.100
Charitable Solicitations
Revised Code of Washington
Title 19 – Business Regulations – Miscellaneous
Chapter 19.09 - Charitable solicitations.
Chapter 19.09 RCW
Sections
19.09.097 Contract with commercial fund-raiser—Limitations—Registration form—Contents—Copy—Fee.
19.09.100 Conditions applicable to solicitations.
NOTES:
Fees—Charitable trusts—Charitable solicitations: RCW 43.07.125.
Telephone, solicitation regulated: RCW 80.36.390.
RCW 19.09.100
Conditions applicable to solicitations.
All entities soliciting contributions for charitable purposes must comply with the requirements of this section except entities exempted from registration are not required to make the disclosures under subsections (1)(c), (4)(b) or (c), and (5)(b) of this section. The following conditions apply to solicitations as defined by RCW 19.09.020:
(1) Any entity that directly solicits contributions from the public in this state must make the following clear and conspicuous disclosures at the point of solicitation:
(a) The name of the individual making the solicitation;
(b) The identity of the charitable organization and the city of the principal place of business of the charitable organization;
(c) The published number and website of the office of the secretary, if requested, for the donor to obtain additional financial and other information on file with the secretary. The disclosure must be made during an oral solicitation of a contribution, and at the same time at which a written request for a contribution is made.
(2) A commercial fund-raiser must meet the required disclosures described in subsection (1) of this section clearly and conspicuously at the point of solicitation and must also disclose the name of the entity for which the fund-raiser is an agent or employee and the name and city of the charitable organization for which the solicitation is being conducted.
(3) Telephone solicitations must include the disclosures required under subsection (1) or (2) of this section prior to asking for a contribution. The required disclosures must also be provided in writing within five business days to anyone who makes a pledge by telephone to donate.
(4) In the case of a solicitation by advertisement or mass distribution, including postal, electronic, posters, leaflets, automatic dialing machines, publications, and audio or video broadcasts, it must be clearly and conspicuously disclosed in the body of the solicitation material that:
(a) The solicitation is conducted by a named commercial fund-raiser, if it is;
(b) The registration required by the charitable solicitation act is on file with the secretary's office; and
(c) The potential donor can obtain additional financial and other information at a published number or website for the office of the secretary.
(5) A container or vending machine displaying a solicitation must display:
(a) In a clear and conspicuous manner the name of the charitable organization for which funds are solicited, the name, business address, and telephone number of the individual or any commercial fund-raiser responsible for collecting funds placed in the containers or vending machines;
(b) The statement: "This organization is currently registered with the secretary's office under the charitable solicitation act - call 1-800-332-4483," if the charitable organization for which funds are solicited is required to register under chapter 19.09 RCW.
(6) No entity may represent that tickets to any fund-raising event will be donated for use by another person unless all the following requirements are met:
(a) The entity prior to conducting a solicitation has written commitments from persons stating that they will accept donated tickets and specifying the number of tickets they will accept;
(b) The written commitments are kept on file by the entity for three years and are made available to the secretary, attorney general, or county prosecutor on demand;
(c) The contributions solicited for donated tickets may not be more than the amount representing the number of ticket commitments received from persons and kept on file under (a) of this subsection; and
(d) Not later than seven calendar days prior to the date of the event for which ticket donations are solicited, the entity must give all donated tickets to the persons who made the written commitments to accept them.
(7) Any entity soliciting charitable contributions must not misrepresent orally or in writing:
(a) The tax deductibility of a contribution;
(b) That the person soliciting the charitable contribution is a volunteer or words of similar meaning or effect that create the impression that the person soliciting is not a paid solicitor unless such person is unpaid for his or her services;
(c) That the person soliciting the charitable contribution is a member, staffer, helper, or employee of the charitable organization or words of similar meaning or effect that create the impression that the person soliciting is not a paid solicitor if the person soliciting is employed, contracted, or paid by a commercial fund-raiser.
(8) If the charitable organization is associated with, or has a name that is similar to, any unit of government the entity soliciting contributions must disclose to each person solicited whether the charitable organization is or is not part of any unit of government and the true nature of its relationship to the unit of government. This subsection does not apply to a foundation or other charitable organization that is organized, operated, or controlled by or in connection with a registered public charity, including any governmental agency or unit, from which it derives its name.
(9) No entity may, in conducting any solicitation, use the name "police," "sheriff," "firefighters," or a similar name unless properly authorized by the police, sheriff, or firefighter organization or police, sheriff, or fire department it is representing. Authorization must be in writing and signed by two authorized officials of the organization or department. The written authorization must be retained in accordance with RCW 19.09.200.
(10) An entity may not, in conducting any solicitation, use the name of a federally chartered or nationally recognized military veterans' service organization as determined by the United States veterans' administration unless authorized in writing by the highest ranking official of that organization in this state. The written authorization must be retained in accordance with RCW 19.09.200.
(11) Entities must comply with all local governmental regulations that apply to soliciting for or on behalf of charitable organizations.
(12) Any entity required to register under this chapter must not engage in any solicitation for contributions unless it complies with all provisions of this chapter.
(13) Solicitations must not be conducted by a charitable organization or commercial fund-raiser that has, or if a corporation, its officers, directors, or principals have, been convicted of a crime involving solicitations for or on behalf of a charitable organization in this state, the United States, or any other state or foreign country within the past ten years or has been subject to any permanent injunction or administrative order or judgment under RCW 19.86.080 or 19.86.090, involving a violation or violations of RCW 19.86.020, within the past ten years, or of restraining a false or misleading promotional plan involving solicitations for charitable organizations.
(14) Any entity subject to this chapter must not use or exploit the fact of registration under this chapter to lead the public to believe that registration constitutes an endorsement or approval by the state, but the use of the following is not deemed prohibited: "Currently registered with the Washington state secretary of state as required by law. Registration number . . . ."
(15) Any entity soliciting contributions for a charitable purpose must not include in any solicitation, or in any advertising material for a solicitation, or in any promotional plan for a solicitation, any statement that is false, misleading, or deceptive. All solicitations, advertising materials, and promotional plans must fully and fairly disclose the identity of the entity on whose behalf the solicitation is made.
(16) No entity may place a telephone call to a donor or potential donor for the purpose of soliciting contributions for a charitable purpose, before eight o'clock a.m. or after nine o'clock p.m. pacific time.
(17) No entity may, when contacting a donor or potential donor for the purpose of soliciting contributions for a charitable purpose, engage in any conduct the natural consequence of which is to harass, intimidate, or torment any person in connection with the contact.
(18) Any entity that solicits contributions may not collect or attempt to collect contributions in person or by courier unless:
(a) The contributions are noncash items such as contributions of tangible personal property; or
(b) The solicitations are made in person and the collections, or attempts to collect, are made at the time of the solicitations; or
(c) The contributor has agreed to purchase goods or items in connection with the solicitation and the collection or attempt to collect is made at the time of delivery of the goods or items.
(19) Failure to comply with subsections (1) through (18) of this section is a violation of this chapter.
[ 2011 c 199 § 14. Prior: 2007 c 471 § 8; 2007 c 218 § 64; 1994 c 287 § 2; 1993 c 471 § 9; 1986 c 230 § 11; 1983 c 265 § 9; 1982 c 227 § 7; 1977 ex.s. c 222 § 6; 1974 ex.s. c 106 § 3; 1973 1st ex.s. c 13 § 10.]
NOTES:
Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Effective date—1982 c 227: "Sections 5 and 6 of this act shall take effect June 30, 1983. The remaining sections of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect March 1, 1982." [ 1982 c 227 § 25.]
Chapter 19.158 RCW
Commercial Telephone Solicitation.
Revised Code of Washington
Title 19 – Business Regulations—Miscellaneous
Chapter 19.158 – Commercial Telephone Solicitation
19.158.010 Findings.
19.158.020 Definitions.
19.158.030 Violation an unfair or deceptive act.
19.158.040 Unprofessional conduct.
19.158.050 Registration requirements—Unprofessional conduct—Suspension of license or certificate for noncompliance with support order—Reinstatement.
19.158.070 Appointment of agent to receive process.
19.158.080 Duties of director.
19.158.090 Injunctive relief—Other applicable law.
19.158.100 Requiring payment by credit card prohibited.
19.158.110 Commercial telephone solicitor—Duties and prohibited acts—Notice to customers.
19.158.120 Cancellation of purchases—Requirements—Notice—Voidable contracts.
19.158.130 Damages, costs, attorneys' fees—Remedies not limited.
19.158.140 Civil penalties.
19.158.150 Registration required—Penalty.
19.158.160 Penalties.
19.158.170 Uniform regulation of business and professions act.
19.158.180 Attorney general to provide and maintain a web page.
19.158.901 Effective date—1989 c 20.
NOTES:
Automatic dialing and announcing devices prohibited: RCW 80.36.400.
Commercial and nonprofit telephone solicitation: RCW 80.36.390.
RCW 19.158.010
Findings.
The use of telephones for commercial solicitation is rapidly increasing. This form of communication offers unique benefits, but entails special risks and poses potential for abuse. The legislature finds that the widespread practice of fraudulent commercial telephone solicitation is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. For the general welfare of the public and in order to protect the integrity of the telemarketing industry, the commercial use of telephones must be regulated by law.
[ 1989 c 20 § 1.]
RCW 19.158.020
Definitions.
Unless the context requires otherwise, the definitions in this section apply throughout this chapter.
(1) A "commercial telephone solicitor" is any person who engages in commercial telephone solicitation, including service bureaus.
(2) "Commercial telephone solicitation" means:
(a) An unsolicited telephone call to a person initiated by a salesperson and conversation for the purpose of inducing the person to purchase or invest in property, goods, or services;
(b) Other communication with a person where:
(i) A free gift, award, or prize is offered to a purchaser who has not previously purchased from the person initiating the communication; and
(ii) A telephone call response is invited; and
(iii) The salesperson intends to complete a sale or enter into an agreement to purchase during the course of the telephone call;
(c) Other communication with a person which misrepresents the price, quality, or availability of property, goods, or services and which invites a response by telephone or which is followed by a call to the person by a salesperson;
(d) For purposes of this section, "other communication" means a written or oral notification or advertisement transmitted through any means.
(3) A "commercial telephone solicitor" does not include any of the following:
(a) A person engaging in commercial telephone solicitation where:
(i) The solicitation is an isolated transaction and not done in the course of a pattern of repeated transactions of like nature; or
(ii) Less than sixty percent of such person's prior year's sales were made as a result of a commercial telephone solicitation as defined in this chapter. Where more than sixty percent of a seller's prior year's sales were made as a result of commercial telephone solicitations, the service bureau contracting to provide commercial telephone solicitation services to the seller shall be deemed a commercial telephone solicitor;
(b) A person making calls for religious, charitable, political, or other noncommercial purposes;
(c) A person soliciting business solely from purchasers who have previously purchased from the business enterprise for which the person is calling;
(d) A person soliciting:
(i) Without the intent to complete or obtain provisional acceptance of a sale during the telephone solicitation; and
(ii) Who does not make the major sales presentation during the telephone solicitation; and
(iii) Who only makes the major sales presentation or arranges for the major sales presentation to be made at a later face-to-face meeting between the salesperson and the purchaser;
(e) A person selling a security which is exempt from registration under RCW 21.20.310;
(f) A person licensed under *RCW 18.85.090 when the solicited transaction is governed by that law;
(g) A person registered under RCW 18.27.060 when the solicited transaction is governed by that law;
(h) A person licensed under RCW 48.17.150 when the solicited transaction is governed by that law;
(i) Any person soliciting the sale of a franchise who is registered under RCW 19.100.140;
(j) A person primarily soliciting the sale of a newspaper of general circulation, a magazine or periodical, or contractual plans, including book or record clubs: (i) Under which the seller provides the consumer with a form which the consumer may use to instruct the seller not to ship the offered merchandise; and (ii) which is regulated by the federal trade commission trade regulation concerning "use of negative option plans by sellers in commerce";
(k) Any supervised financial institution or parent, subsidiary, or affiliate thereof. As used in this section, "supervised financial institution" means any commercial bank, trust company, savings and loan association, mutual savings banks, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance lender, or insurer, provided that the institution is subject to supervision by an official or agency of this state or the United States;
(l) A person soliciting the sale of a prearrangement funeral service contract registered under RCW 18.39.240 and 18.39.260;
(m) A person licensed to enter into prearrangement contracts under RCW 68.05.155 when acting subject to that license;
(n) A person soliciting the sale of services provided by a cable television system operating under authority of a franchise or permit;
(o) A person or affiliate of a person whose business is regulated by the utilities and transportation commission or the federal communications commission;
(p) A person soliciting the sale of agricultural products, as defined in RCW 20.01.010 where the purchaser is a business;
(q) An issuer or subsidiary of an issuer that has a class of securities that is subject to section 12 of the securities exchange act of 1934 (**15 U.S.C. Sec. 781) and that is either registered or exempt from registration under paragraph (A), (B), (C), (E), (F), (G), or (H) of subsection (g) of that section;
(r) A commodity broker-dealer as defined in RCW 21.30.010 and registered with the commodity futures trading commission;
(s) A business-to-business sale where:
(i) The purchaser business intends to resell the property or goods purchased, or
(ii) The purchaser business intends to use the property or goods purchased in a recycling, reuse, remanufacturing or manufacturing process;
(t) A person licensed under RCW 19.16.110 when the solicited transaction is governed by that law;
(u) A person soliciting the sale of food intended for immediate delivery to and immediate consumption by the purchaser;
(v) A person soliciting the sale of food fish or shellfish when that person is licensed pursuant to the provisions of Title 77 RCW.
(4) "Purchaser" means a person who is solicited to become or does become obligated to a commercial telephone solicitor.
(5) "Salesperson" means any individual employed, appointed, or authorized by a commercial telephone solicitor, whether referred to by the commercial telephone solicitor as an agent, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the commercial telephone solicitor.
(6) "Service bureau" means a commercial telephone solicitor who contracts with any person to provide commercial telephone solicitation services.
(7) "Seller" means any person who contracts with any service bureau to purchase commercial telephone solicitation services.
(8) "Person" includes any individual, firm, association, corporation, partnership, joint venture, sole proprietorship, or any other business entity.
(9) "Free gift, award, or prize" means a gratuity which the purchaser believes of a value equal to or greater than the value of the specific product, good, or service sought to be sold to the purchaser by the seller.
(10) "Solicit" means to initiate contact with a purchaser for the purpose of attempting to sell property, goods or services, where such purchaser has expressed no previous interest in purchasing, investing in, or obtaining information regarding the property, goods, or services attempted to be sold.
[ 2003 c 39 § 12; 1989 c 20 § 3.]
NOTES:
Reviser's note: *(1) RCW 18.85.090 was recodified as RCW 18.85.101 pursuant to 2008 c 23 § 49, effective July 1, 2010.
**(2) The reference to 15 U.S.C. Sec. 781 appears to be erroneous. 15 U.S.C. Sec. 78l was apparently intended.
RCW 19.158.030
Violation an unfair or deceptive act.
Unfair and deceptive telephone solicitation is not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 1989 c 20 § 2.]
RCW 19.158.040
Unprofessional conduct.
In addition to the unprofessional conduct described in RCW 18.235.130, the director of the department of licensing may take disciplinary action for any of the following conduct, acts, or conditions:
(1) It shall be unlawful for any person to engage in unfair or deceptive commercial telephone solicitation.
(2) A commercial telephone solicitor shall not place calls to any person which will be received before 8:00 a.m. or after 8:00 p.m. at the call recipient's local time.
(3) A commercial telephone solicitor may not engage in any conduct the natural consequence of which is to harass, intimidate, or torment any person in connection with the telephone call.
(4) A person making a telephone solicitation must identify him [himself] or herself and the company or organization on whose behalf the solicitation is being made and the purpose of the call within the first 30 seconds of the telephone call.
(5) A commercial telephone solicitor must end a call within 10 seconds if the called party states or indicates they want to end the call.
(6) A commercial telephone solicitor must promptly implement a call recipient's statement or indication they do not want to be called again, or want to be removed from the telephone lists used by the company or organization making the telephone solicitation.
[ 2022 c 195 § 2; 2002 c 86 § 284; 1989 c 20 § 4.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
RCW 19.158.050
Registration requirements—Unprofessional conduct—Suspension of license or certificate for noncompliance with support order—Reinstatement.
(1) In order to maintain or defend a lawsuit or do any business in this state, a commercial telephone solicitor must be registered with the department of licensing. Prior to doing business in this state, a commercial telephone solicitor shall register with the department of licensing. Doing business in this state includes both commercial telephone solicitation from a location in Washington and solicitation of purchasers located in Washington.
(2) The department of licensing, in registering commercial telephone solicitors, shall have the authority to require the submission of information necessary to assist in identifying and locating a commercial telephone solicitor, including past business history, prior judgments, and such other information as may be useful to purchasers.
(3) The department of licensing shall issue a registration number to the commercial telephone solicitor.
(4) In addition to the unprofessional conduct described in RCW 18.235.130, the director of the department of licensing may take disciplinary action for any of the following conduct, acts, or conditions:
(a) Failing to maintain a valid registration;
(b) Advertising that one is registered as a commercial telephone solicitor or representing that such registration constitutes approval or endorsement by any government or governmental office or agency;
(c) Representing that a person is registered or that such person has a valid registration number when such person does not.
(5) An annual registration fee shall be assessed by the department of licensing, the amount of which shall be determined at the discretion of the director of the department of licensing, and which shall be reasonably related to the cost of administering the provisions of this chapter.
(6) The department shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 2002 c 86 § 285; 1997 c 58 § 853; 1989 c 20 § 5.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
RCW 19.158.070
Appointment of agent to receive process.
Each commercial telephone solicitor shall appoint the director of the department of licensing as an agent to receive civil process under this chapter if the commercial telephone solicitor has no properly registered agent, if the agent has resigned, or if the agent cannot, after reasonable diligence, be found.
[ 1989 c 20 § 7.]
RCW 19.158.080
Duties of director.
The director of the department of licensing may make rules, create forms, and issue orders as necessary to carry out the provisions of this chapter, pursuant to chapter 34.05 RCW.
[ 1989 c 20 § 8.]
RCW 19.158.090
Injunctive relief—Other applicable law.
The director of the department of licensing may refer such evidence as may be available concerning violations of this chapter or of any rule or order hereunder to the attorney general or the proper prosecuting attorney, who may in his or her discretion, with or without such a reference, in addition to any other action they might commence, bring an action in the name of the state against any person to restrain and prevent the doing of any act or practice herein prohibited or declared unlawful: PROVIDED, That this chapter shall be considered in conjunction with chapters 9.04 and 19.86 RCW and the powers and duties of the attorney general and the prosecuting attorney as they may appear in chapters 9.04 and 19.86 RCW shall apply against all persons subject to this chapter.
[ 1989 c 20 § 9.]
RCW 19.158.100
Requiring payment by credit card prohibited.
It is a violation of this chapter for a commercial telephone solicitor to require that payment be by credit card authorization or otherwise to announce a preference for that method of payment over any other for unfair or deceptive reasons.
[ 1989 c 20 § 10.]
RCW 19.158.110
Commercial telephone solicitor—Duties and prohibited acts—Notice to customers.
(1) A person making a telephone solicitation must identify him [himself] or herself and the company or organization on whose behalf the solicitation is being made and the purpose of the call within the first 30 seconds of the telephone call.
(2) If, at any time during the telephone contact, the called party states or indicates that he or she wants to end the call, the telephone solicitor must end the call within 10 seconds.
(3) If at any time during the telephone contact, the called party states or indicates that he or she does not want to be called again by the commercial telephone solicitor or wants to have his or her name, individual telephone number, or other contact information removed from the telephone lists used by the commercial telephone solicitor:
(a) The commercial telephone solicitor shall inform the called party that his or her contact information will be removed from the telephone solicitor's telephone lists for at least one year;
(b) The commercial telephone solicitor shall end the call within 10 seconds;
(c) The commercial telephone solicitor shall not make any additional commercial telephone solicitation of the called party at any telephone number associated with that party within a period of at least one year; and
(d) The commercial telephone solicitor shall not sell or give the called party's name, telephone number, or other contact information to another commercial telephone solicitor: PROVIDED, That the commercial telephone solicitor may return the list, including the called party's name, telephone number, and other contact information to the company or organization from which it received the list.
(4) A commercial telephone solicitor shall not place calls to any person which will be received before 8:00 a.m. or after 8:00 p.m. at the call recipient's local time.
(5) The utilities and transportation commission shall by rule ensure that telecommunications companies inform their residential customers of the provisions of this section. The notification may be made by:
(a) Annual inserts in the billing statements mailed to residential customers; or
(b) Conspicuous publication of the notice in the consumer information pages of local telephone directories.
(6) If a sale or an agreement to purchase is completed, the commercial telephone solicitor must inform the purchaser of his or her cancellation rights as enunciated in this chapter, state the registration number issued by the department of licensing, and give the street address of the seller.
(7) If, at any time prior to sale or agreement to purchase, the commercial telephone solicitor's registration number is requested by the purchaser, it must be provided.
(8) All oral disclosures required by this section shall be made in a clear and intelligible manner.
[ 2022 c 195 § 3; 1989 c 20 § 11.]
RCW 19.158.120
Cancellation of purchases—Requirements—Notice—Voidable contracts.
(1) A purchase of property, goods, or services ordered as a result of a commercial telephone solicitation as defined in this chapter, if not followed by a written confirmation, is not final. The confirmation must contain an explanation of the consumer's rights under this section and a statement indicating where notice of cancellation should be sent. The purchaser may give notice of cancellation to the seller in writing within three business days after receipt of the confirmation. If the commercial telephone solicitor has not provided an address for receipt of such notice, cancellation is effective by mailing the notice to the department of licensing.
(2) Notice of cancellation shall be given by certified mail, return receipt requested, and shall be effective when mailed. Notice of cancellation given by the purchaser need not take a particular form and is sufficient if it indicates by any form of written expression the name, address, and telephone number of the purchaser and the purchaser's stated intention not to be bound by the sale.
(3) If a commercial telephone solicitor or a seller, if different, violates this chapter in making a sale, or fails to deliver an item within forty-two calendar days, the contract is voidable by giving written notice to the seller and the purchaser is entitled to a return from the seller within fourteen days of all consideration paid. Upon receipt by the purchaser of the consideration paid to the seller, the purchaser shall make available to the seller, at a reasonable time and place, the items received by the purchaser. Any cost of returning the items received by the purchaser shall be borne by the seller, by providing or guaranteeing payment for return shipping. If such payment is not provided or guaranteed, the purchaser may keep without further obligation the items received.
(4) Any contract, agreement to purchase, or written confirmation executed by a seller which purports to waive the purchaser's rights under this chapter is against public policy and shall be unenforceable: PROVIDED, That an agreement between a purchaser and seller to extend the delivery time of an item to more than forty-two days shall be enforceable if the seller has a reasonable basis to expect that he or she will be unable to ship the item within forty-two days and if the agreement is included in the terms of the written confirmation.
(5) Where a contract or agreement to purchase confers on a purchaser greater rights to cancellation, refund, or return than those enumerated in this chapter, such contract shall be enforceable, and not in violation of this chapter: PROVIDED, That all rights under such a contract or agreement to purchase must be specifically stated in a written confirmation sent pursuant to this section.
(6) The provisions of this section shall not reduce, restrict, or eliminate any existing rights or remedies available to purchasers.
[ 1989 c 20 § 12.]
RCW 19.158.130
Damages, costs, attorneys' fees—Remedies not limited.
In addition to any other penalties or remedies under chapter 19.86 RCW, a person who is injured by a violation of this chapter may bring an action for recovery of actual damages, including court costs and attorneys' fees. No provision in this chapter shall be construed to limit any right or remedy provided under chapter 19.86 RCW.
[ 1989 c 20 § 13.]
RCW 19.158.140
Civil penalties.
A civil penalty shall be imposed by the court for each violation of this chapter in an amount not less than five hundred dollars nor more than two thousand dollars per violation.
[ 1989 c 20 § 14.]
RCW 19.158.150
Registration required—Penalty.
No salesperson shall solicit purchasers on behalf of a commercial telephone solicitor who is not currently registered with the department of licensing pursuant to this chapter. Any salesperson who violates this section is guilty of a misdemeanor.
[ 1989 c 20 § 15.]
RCW 19.158.160
Penalties.
(1) Except as provided in RCW 19.158.150, any person who knowingly violates any provision of this chapter or who knowingly, directly or indirectly employs any device, scheme or artifice to deceive in connection with the offer or sale by any commercial telephone solicitor is guilty of the following:
(a) If the value of a transaction made in violation of RCW 19.158.040(1) is less than fifty dollars, the person is guilty of a misdemeanor;
(b) If the value of a transaction made in violation of RCW 19.158.040(1) is fifty dollars or more, then the person is guilty of a gross misdemeanor; and
(c) If the value of a transaction made in violation of RCW 19.158.040(1) is two hundred fifty dollars or more, then the person is guilty of a class C felony.
(2) When any series of transactions which constitute a violation of this section would, when considered separately, constitute a series of misdemeanors or gross misdemeanors because of the value of the transactions, and the series of transactions are part of a common scheme or plan, the transactions may be aggregated in one count and the sum of the value of all the transactions shall be the value considered in determining whether the violations are to be punished as a class C felony or a gross misdemeanor.
[ 2003 c 53 § 160; 1989 c 20 § 16.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
RCW 19.158.170
Uniform regulation of business and professions act.
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2002 c 86 § 286.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
RCW 19.158.180
Attorney general to provide and maintain a web page.
The office of the attorney general shall provide and maintain a web page informing the public of the laws and regulations governing telephone solicitation, including the provisions of this chapter and RCW 80.36.390, and the legal rights of those who receive telephone solicitations; and provide information on how members of the public may file a complaint for violations of the laws and regulations governing telephone solicitation.
[ 2022 c 195 § 4.]
RCW 19.158.901
Effective date—1989 c 20.
The effective date of this act shall be January 1, 1990.
[ 1989 c 20 § 20.]
For more information, see here: https://app.leg.wa.gov/RCW/default.aspx?cite=80.36.390
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https://app.leg.wa.gov/RCW/default.aspx?cite=19.09
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https://app.leg.wa.gov/RCW/default.aspx?cite=19.158
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https://app.leg.wa.gov/rcw/default.aspx?cite=80.36.400
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