HB 1497 — Concerning commercial telephone solicitation.

ENGROSSEDH-0743.1 SUBSTITUTE HOUSE BILL 1497 State of Washington 67th Legislature 20222021 Regular Session By House Consumer Protection & Business (originally sponsored by Representatives Mosbrucker, Chandler, Peterson, Dent, Schmick, Steele, Pollet, Eslick, and Young)Young READRead FIRSTfirst TIMEtime 01/25/22.02/05/21.

Referred to Committee on Consumer Protection & Business.

1 ESHBHB 1497 (d) Business-to-business contacts.

(2) A((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 ((thirty))thirty 30 seconds of the telephone call.

(3)(3))) As used in this section, "telephone solicitor" means a commercial or nonprofit company or organization engaged in telephone solicitation.

(4)(3)(a) IfAt the telephonebeginning solicitor is requesting a donation or gift of money,each theanswered telephone solicitor must ask the called party whether they want to continue the call, enda the call, or be removed from the solicitor's telephone lists.solicitor must:

(5)(i) If,Identify at any time during the telephonecaller; contact, the called party states or indicates they want to end the call, the telephone solicitor must end the call within 10 seconds.

(6)(ii) If,Identify at any time during the telephonecompany contact, the called party states or indicatesorganization thaton hewhose orbehalf she does not ((wish)) want to be called again by the ((companysolicitation oris organization))being telephonemade; solicitor or wants to have his or her name ((and)), individual telephone number, or other contact information removed from the telephone lists used by the ((company or organization making the telephone solicitation, then)) telephone solicitor:

(iii) State the purpose of the call;

and (iv) Ask the called party whether they want to continue the call, end the call, or be removed from the solicitor's telephone lists.

(b) The disclosures and question required by this subsection must be conveyed in the listed order immediately after the call recipient answers and completed within 30 seconds.

(4) 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.

(5) If, at any time during the telephone contact, the called party states or indicates that he or she does not ((wish)) want to be called again by the ((company or organization)) telephone solicitor or wants to have his or her name ((and)), individual telephone number, or other contact information removed from the telephone lists used by the ((company or organization making the telephone solicitation, then)) telephone solicitor:

(c)p. The ((company or organization)) telephone solicitor shall not make any additional telephone solicitation of the called party at ((that telephone number)) any telephone number associated with that party within a period of at least one year;

and2 (((b)))HB (d)1497 (c) The ((company or organization)) telephone solicitor shall not sellmake orany giveadditional telephone solicitation of the called party'sparty nameat ((and)),((that telephone number,number)) andany othertelephone contactnumber informationassociated towith anotherthat companyparty orwithin p.a period of at least one year;

2and ESHB(((b))) 1497(d) The ((company or organization)) telephone solicitor shall not sell or give the called party's name ((and)), telephone number, and other contact information to another company or organization:

(((4))) (7)(6) A telephone solicitor shall not place calls to any person which will be received before 8:00 a.m.

or after 8:005:00 p.m.

(8)(7) A violation of subsection (2)(((2) ((or)),or)) (3), (4), (5), (6), or (7)(6) of this section is punishable by a fine of up to one thousand dollars for each violation.

(((5))) (9)(8) The attorney general may bring actions to enforce compliance with this section.

(((6))) (10)(9) 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.

(((7))) (11)(10) The utilities and transportation commission shall by rule ensure that telecommunications companies inform their residential customers of the provisions of this section.

Inp. 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:

3 HB 1497 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:

or after p.((9:00)) 5:00 p.m.

3 ESHB 1497 ((9:00)) 8:00 p.m.

(4) A personcommercial making a telephone solicitationsolicitor must identifybegin himeach oranswered herselfcall andby identifying the caller, identifying the company or organization on whose behalf the solicitation is being mademade, andstating the purpose of the callcall, withinand asking the firstcalled 30party secondswhether ofthey want to continue the call, end the call, or be removed from the solicitor's telephone call.lists.

These disclosures and question must be conveyed in the listed order immediately after the call recipient answers and completed within 30 seconds.

and (b) Terminate the telephone call within ten seconds if the purchaser indicates he or she does not wish to continue the conversation)) A(a) personAt making a telephone solicitation must identify him or herself and the companybeginning or organization on whose behalf the solicitation is being made and the purpose of theeach callanswered withincall, thea firstcommercial 30 seconds of the telephone call.solicitor must:

p.

4 HB 1497 (i) Identify the caller;

(ii) Identify the company or organization on whose behalf the solicitation is being made;

(iii) State the purpose of the call;

and (iv) Ask the called party whether they want to continue the call, end the call, or be removed from the solicitor's telephone lists.

(b) The disclosures and question required by this subsection must be conveyed in the listed order immediately after the call recipient answers and completed within 30 seconds.

p.(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;

4(b) ESHB 1497 (a) The commercial telephone solicitor shall informend the calledcall partywithin that10 hisseconds. 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;

or after 8:005:00 p.m.

(5) The utilities and transportation commission shall by rule ensure that telecommunications companies inform their residential customersp. of the provisions of this section.