HB 1650 — Concerning commercial solicitation.

ENGROSSEDH-1811.2 SUBSTITUTE HOUSE BILL 1650 State of Washington 67th Legislature 2022 Regular Session By House Consumer Protection & Business (originally sponsored by Representatives Leavitt, Mosbrucker, Eslick, Pollet, Griffey, and Young)Young READPrefiled FIRST12/16/21. TIME 01/24/22.

Read first time 01/10/22.

Referred to Committee on Consumer Protection & Business.

1 ESHBHB 1650 provisions to include text messaging and robocalling, and efforts to obtain money, goods, and services, and to expand the civil remedies available for violations of these provisions.

2 ESHBHB 1650 technology, product, or component that has a commercially significant use other than to violate or circumvent this section.

(2) "Commercial ((electronic mail)) email message" means an ((electronic mail)) email message sent for the purpose of promoting or facilitating the sale or lease of real property, goods, or services ((for sale or lease))lease)). or advertising the commercial availability of real property, goods, or services.

It(3) also"Commercial doeselectronic nottext meanmessage" means an emailelectronic text message thatsent constitutesto debtpromote collectionor activity.facilitate the sale or lease of real property, goods, or services ((for sale or lease)).

(3) "Commercial electronic text message" means an electronic text message sent to promote the sale or lease of real property, goods, or services ((for sale or lease)) or advertise the commercial availability of real property, goods, or services.

It does not mean a text message that constitutes debt collection activity.

(7) "Established"Initiate businessthe relationship"transmission" meansrefers to the action by the original sender of an existing((electronic relationshipmail)) formedemail bymessage aor voluntaryan two-wayelectronic communicationtext betweenmessage, anot personto the action by any intervening interactive computer service or entitywireless andnetwork athat business,may withhandle or withoutretransmit anthe exchangemessage, ofunless consideration,such onintervening interactive computer service assists in the basistransmission of an application,((electronic purchase,mail)) email message when it knows, or transactionconsciously regardingavoids realknowing, property,that goods,the orperson servicesinitiating offeredthe bytransmission suchis businessengaged, or entity,intends whichto relationshipengage, hasin notany beenact previouslyor terminatedpractice bythat eitherviolates party.the consumer protection act.

(8) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically p.

3 ESHBHB 1650 (8)a "Initiate the transmission" refers to the action by the original sender of an ((electronic mail)) email message or an electronic text message, not to the action by any intervening interactive computer service or wirelesssystem network that mayprovides handleaccess orto retransmit the message,internet unlessand such interveningsystems interactiveoperated computer service assists in the transmission of an ((electronic mail)) email message when it knows, or consciouslyservices avoidsoffered knowing,by thatlibraries the person initiating the transmission is engaged, or intendseducational toinstitutions. engage, in any act or practice that violates the consumer protection act.

(((8))) (9) "Interactive"Internet" computermeans service"collectively meansthe anymyriad informationof service,computer system,and ortelecommunications accessfacilities, softwareincluding providerequipment thatand providesoperating orsoftware, enablesthat computercomprise accessthe byinterconnected multipleworldwide usersnetwork toof anetworks computerthat server,employ includingthe specificallytransmission acontrol serviceprotocol/internet protocol, or systemany thatpredecessor providesor accesssuccessor protocols to thesuch internetprotocol, andto suchcommunicate systemsinformation operatedof orall serviceskinds offered by librarieswire or educationalradio. institutions.

(((9))) (10) "Internet""Internet meansdomain collectivelyname" therefers myriadto ofa computerglobally andunique, telecommunicationshierarchical facilities,reference includingto equipmentan andinternet operatinghost software,or thatservice, compriseassigned thethrough interconnectedcentralized worldwideinternet networknaming ofauthorities, networkscomprising thata employseries theof transmissioncharacter controlstrings protocol/internetseparated protocol,by orperiods, anywith predecessorthe orright-most successorstring protocolsspecifying tothe suchtop protocol, to communicate information of allthe kindshierarchy. by wire or radio.

(((10))) (11) "Internet"Person" domainmeans name" refers to a globally unique, hierarchical reference to an internetindividual, hostcorporation, orbusiness service,trust, assignedestate, throughtrust, centralizedpartnership, internetlimited namingliability authorities,company, comprisingassociation, ajoint seriesventure, ofgovernment, charactergovernmental stringssubdivision, separatedagency byor periods,instrumentality, withpublic thecorporation, right-mostor stringany specifyingother thelegal topor ofcommercial theentity. hierarchy.

(((11))) (12) "Person""Personally identifying information" means an individual,individual's: corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation, or any other legal or commercial entity.

(((12))) (13) "Personally identifying information" means an individual's:

p.(13) "Web page" means a location, with respect to the world wide web, that has a single uniform resource locator or other single location with respect to the internet.

4 ESHB 1650 (((13))) (14) "Web page" means a location, with respect to the world wide web, that has a single uniform resource locator or other single location with respect to the internet.

(a) Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents or obscures any informationp. in identifying the point of origin or the transmission path of a commercial ((electronic mail)) email message;

4 HB 1650 information in identifying the point of origin or the transmission path of a commercial ((electronic mail)) email message;

(1) ((No)) Except as provided in RCW 19.190.070, no person ((conducting business in the state)) may initiate or assist in the transmission of ((an electronic)) a commercial electronic text message to a ((telephone number assigned to a Washington resident for cellular telephone or pager service that is equipped with short p.message capability or any similar capability allowing the transmission of text messages)) person within the state of Washington.

5For ESHBpurposes 1650of this section, a commercial electronic text message capabilityto ora anytelephone similarnumber capabilitywith allowinga theWashington transmissionstate ofarea textcode messages))shall be presumed to be received by a person within the state of Washington.

For purposes of this section, there is a rebuttable presumption that a commercial electronic text message to a telephone number with a Washington state area code is received by a person within the state of Washington.

Sec.p.

5 HB 1650 Sec.

or (b) The ((unsolicited)) commercial electronic text message is transmitted by a person withto ana established((subscriber)) businessrecipient relationshipand with the recipient.((subscriber)) recipient has clearly and affirmatively consented in writing in advance to receive these text messages.

(c)(2) TheNo ((unsolicited))person commercialoffering electronic((cellular textor messagepager)) istelecommunications transmittedservice bymay abe personheld toliable afor ((subscriber))serving recipientmerely andas an intermediary between the ((subscriber))sender and the recipient hasof clearlya andcommercial affirmativelyelectronic consentedtext message sent in writingviolation of this chapter unless the person is assisting in advancethe totransmission receiveof thesethe commercial electronic text messages.message.

The recipient may provide written consent electronically, provided that the recipient is given a clear, detailed disclosure as to what text messages he or she is consenting to receiving, and the electronic written consent only applies to text messages from the person seeking the recipient's consent.

(2) No person offering ((cellular or pager)) telecommunications service may be held liable for serving merely as an intermediary between the sender and the recipient of a commercial electronic text message sent in violation of this chapter unless the person is p.

6 ESHB 1650 assisting in the transmission of the commercial electronic text message.

It is a violation of this chapter to solicit, request, or take any action to induce a person to provide personally identifying informationinformation, , money, goods, or services, by means of a web page, ((electronic mail)) email message, electronic text message, phone call, or otherwise using the internet or any telecommunications service, by representing oneself, either directly or by implication, to be another person, without the authority or approval of such other person.

((A person who seeks damages under this subsection may only bring an action against a person or entity that directly violates RCW 19.190.080.)) (2)p. A person engaged in the business of providing internet access service or text messaging service to the public, an owner of a web page, or trademark owner who is adversely affected by reason of a violation of ((RCW 19.190.080)) this chapter, may bring an action against a person who violates ((RCW 19.190.080)) this chapter to:

6 HB 1650 (2) A person engaged in the business of providing internet access service or text messaging service to the public, an owner of a web page, or trademark owner who is adversely affected by reason of a violation of ((RCW 19.190.080)) this chapter, may bring an action against a person who violates ((RCW 19.190.080)) this chapter to:

p.Sec.

7 ESHB 1650 Sec.

(((b))) (c) "Commercial solicitation" means the ((unsolicited)) initiation of a ((telephone conversation)) voice communication for the purpose of ((encouraging)):encouraging or facilitating a person to purchase property, goods, or services or to provide personally identifying information.

Encouraging"Commercial asolicitation" persondoes not include voice communication to purchaseany property,person goods,who orhas services;clearly and affirmatively consented in writing in advance to receive the voice communication.

advertisingp. to a person the commercial availability of property, goods, or services;

7 HB 1650 (d) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or encouraginginstrumentality, apublic personcorporation, toor provideany personallyother identifyinglegal information.or commercial entity.