RCW 80.36.540
Telefacsimile messages—Unsolicited transmission—Penalties.
(1) As used in this section, "telefacsimile message" means the transmittal of electronic signals over telephone lines for conversion into written text.
(2) No person, corporation, partnership, or association shall initiate the unsolicited transmission of telefacsimile messages promoting goods or services for purchase by the recipient.
(3)(a) Except as provided in (b) of this subsection, this section shall not apply to telefacsimile messages sent to a recipient with whom the initiator has had a prior contractual or business relationship.
(b) A person shall not initiate an unsolicited telefacsimile message under the provisions of (a) of this subsection if the person knew or reasonably should have known that the recipient is a governmental entity.
(4) Notwithstanding subsection (3) of this section, it is unlawful to initiate any telefacsimile message to a recipient who has previously sent a written or telefacsimile message to the initiator clearly indicating that the recipient does not want to receive telefacsimile messages from the initiator.
(5) The unsolicited transmission of telefacsimile messages promoting goods or services for purchase by the recipient is a matter affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. The transmission of unsolicited telefacsimile messages is not reasonable in relation to the development and preservation of business. A violation of this section is an unfair or deceptive act in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW. Damages to the recipient of telefacsimile messages in violation of this section are five hundred dollars or actual damages, whichever is greater.
(6) Nothing in this section shall be construed to prevent the Washington utilities and transportation commission from adopting additional rules regulating transmissions of telefacsimile messages.
[ 1990 c 221 § 1.]
Structure Revised Code of Washington
Chapter 80.36 - Telecommunications.
80.36.030 - Extent of appropriation.
80.36.040 - Use of road, street, and railroad right-of-way—When consent of city necessary.
80.36.050 - Use of railroad right-of-way—Penalty for refusal by railroad.
80.36.060 - Liability for wilful injury to telecommunications property.
80.36.070 - Liability for negligent injury to property—Notice of underwater cable.
80.36.080 - Rates, services, and facilities.
80.36.090 - Service to be furnished on demand.
80.36.100 - Tariff schedules to be filed and open to public—Exceptions.
80.36.120 - Joint rates, contracts, etc.
80.36.130 - Published rates to be charged—Exceptions.
80.36.140 - Rates and services fixed by commission, when.
80.36.150 - Contracts filed with commission.
80.36.160 - Physical connections may be ordered, routing prescribed, and joint rates established.
80.36.170 - Unreasonable preference prohibited.
80.36.180 - Rate discrimination prohibited.
80.36.183 - Discounted message toll rates prohibited—Availability of statewide, averaged toll rates.
80.36.190 - Long and short distance provision.
80.36.195 - Telecommunications relay system—Long distance discount rates.
80.36.200 - Transmission of messages of other lines.
80.36.210 - Order of sending messages.
80.36.220 - Duty to transmit messages—Penalty for refusal or neglect.
80.36.225 - Pay telephones—Calls to operator without charge or coin insertion to be provided.
80.36.230 - Exchange areas for telecommunications companies.
80.36.240 - Exchange areas for telephone companies—Procedure to establish.
80.36.250 - Commission may complain of interstate rates.
80.36.260 - Betterments may be ordered.
80.36.270 - Effect on existing contracts.
80.36.300 - Policy declaration.
80.36.332 - Noncompetitive telecommunications companies, services—Minimal regulation.
80.36.333 - Price lists in effect before June 7, 2006—Extension.
80.36.350 - Registration of new companies—Waiver of provisions during state of emergency.
80.36.360 - Exempted actions or transactions.
80.36.370 - Certain services not regulated.
80.36.390 - Telephone solicitation.
80.36.400 - Automatic dialing and announcing device—Commercial solicitation by.
80.36.410 - Washington telephone assistance program—Findings.
80.36.420 - Washington telephone assistance program—Availability, components.
80.36.440 - Washington telephone assistance program—Rules.
80.36.450 - Washington telephone assistance program—Limitation.
80.36.460 - Washington telephone assistance program—Deposit waivers, connection fee discounts.
80.36.470 - Washington telephone assistance program—Eligibility.
80.36.500 - Information delivery services through exclusive number prefix or service access code.
80.36.510 - Legislative finding.
80.36.520 - Disclosure of alternate operator services.
80.36.522 - Alternate operator service companies—Registration—Penalties.
80.36.524 - Alternate operator service companies—Rules.
80.36.530 - Violation of consumer protection act—Damages.
80.36.540 - Telefacsimile messages—Unsolicited transmission—Penalties.
80.36.555 - Enhanced 911 service—Residential service required.
80.36.560 - Enhanced 911 service—Business service required.
80.36.570 - Law enforcement—Requests for call location information—Requirements.
80.36.610 - Universal service program—Authority of commission—Rules—Fees.
80.36.630 - State universal communications services program—Definitions.
80.36.650 - State universal communications services program—Established.
80.36.660 - State universal communications services program—Rules.
80.36.670 - State universal communications services program—Penalties.
80.36.680 - State universal communications services program—Administration.
80.36.690 - State universal communications services program—Account created.
80.36.700 - State universal communications services program—Program expiration.
80.36.710 - Digital equity account.