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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
RCW 19.158.901 Effective date—1989 c 20. The effective date of this act shall be January 1, 1990. [ 1989 c 20 § 20.]
