Catalog / Sends automated outreach / LXD-1631

Sends automated outreach, in Washington

Commercial Telephone Solicitation Actsince 2 lines

Chapter 19.158 RCW · Read the law's page

  • Register with the Washington Department of Licensing before doing business in the state as a commercial telephone solicitor, whether you solicit from a location in Washington or solicit purchasers located in Washington, and before maintaining or defending a lawsuit here.
  • Do not have a salesperson solicit purchasers on your behalf while your registration is not current.
Unsolicited Telefacsimile Messages Actsince 3 lines

RCW 80.36.540 · Read the law's page

  • Do not initiate an unsolicited fax that promotes goods or services for purchase to a recipient with whom you have no prior contractual or business relationship.
  • Do not send a fax to a recipient, even one with a prior relationship, once they have sent you a written or fax message clearly stating they do not want to receive further faxes from you.
  • Do not send an unsolicited fax to a recipient you knew or reasonably should have known is a government entity, even one with which you have a prior contractual or business relationship.
Commercial Electronic Mail Act, Text Messagessince 2 lines

RCW 19.190.060, .070 · Read the law's page

  • Do not initiate or assist in transmitting a commercial electronic text message to a telephone number assigned to a Washington resident for cellular telephone or pager service with text-messaging capability, unless an exception applies.
  • You may send one only where the subscriber has clearly and affirmatively consented in advance to receive it, or, if you are the subscriber's own cellular or pager carrier, at no cost to the subscriber, unless the subscriber has said it does not want further commercial text messages from you.
Washington My Health My Data Act (MHMDA)since 3 lines

RCW 19.373 · Read the law's page

  • Washington's My Health My Data Act reaches consumer health data broadly: personal information linked or reasonably linkable to a consumer that identifies their past, present, or future physical or mental health status, including inferences and non-health data that indicate a health status, such as location data suggesting an attempt to obtain reproductive or gender-affirming care.
  • Do not implement a geofence around an entity that provides in-person health care services to identify or track consumers seeking care, collect their health data, or send them related notifications, messages, or advertisements.
  • A violation of this Act is per se an unfair or deceptive act under the Washington Consumer Protection Act, which carries its own private right of action; a federal class action alleging SDK-based location and biometric data harvesting in violation of this Act is reported pending by secondary commentary, not independently confirmed against the court docket.
HB 1155, My Health My Data Actsince 4 lines

RCW 19.373; HB 1155, chapter 191, Laws of 2023 · Read the law's page

  • Obtain affirmative opt-in consent before collecting a Washington consumer's health data, and separate consent before sharing it, unless the collection or sharing is necessary to provide a product or service the consumer requested; consumer health data includes any biometric identifier used to infer a health condition, whether captured live or extracted from a stored photo, video, or audio recording.
  • Obtain a further signed authorization before selling consumer health data.
  • Do not geofence within 2,000 feet of a health care facility to identify, track, or send notifications to consumers seeking care.
  • Honor a consumer's request to confirm, access, or delete their consumer health data within 45 days, extendable once by 45 additional days.
Commercial Electronic Mail Act, Emailin force2 lines

RCW 19.190.010, .020, .030, .040, .050 · Read the law's page

  • Do not initiate, conspire to initiate, or assist in transmitting a commercial email message, from a Washington computer or to an address you know or have reason to know is a Washington resident's, that uses a third party's internet domain name without permission or otherwise misrepresents or obscures the message's point of origin or transmission path.
  • Do not use a subject line that, based on your actual knowledge or knowledge fairly implied on the basis of objective circumstances, contains false or misleading information.
Telephone Solicitation Actin force6 lines

RCW 80.36.390 · Read the law's page

  • Identify yourself and the company or organization on whose behalf you are calling, and the purpose of the call, within the first 30 seconds of a telephone solicitation call.
  • If you are asking for a donation or gift, ask the called party whether they want to continue the call, end it, or be removed from your telephone lists.
  • End the call within 10 seconds if the called party says they want to end it, or says they do not want to be called again; in the latter case, keep their name and number off your telephone lists for at least one year and do not sell or give their contact information to another company or organization.
  • Do not place a telephone solicitation call that will be received before 8 a.m. or after 8 p.m. local time at the called party's location.
  • Do not call a number registered on the federal National Do Not Call Registry, and do not violate the federal Truth in Caller ID Act's prohibition on transmitting misleading or inaccurate caller identification information.
  • These duties do not apply to a call made in response to the called party's request or inquiry (including a call about something they bought from you in the previous 12 months), a call to your own members by a nonprofit, membership or labor organization, a call limited to polling or soliciting opinions or votes, or a business-to-business contact.
Automatic Dialing and Announcing Device Actin force2 lines

RCW 80.36.400 · Read the law's page

  • Do not use an automatic dialing and announcing device, a system that automatically dials numbers and plays a recorded or artificial voice message once a connection is made (including one that goes to voicemail), for commercial solicitation to a Washington telephone customer; commercial solicitation means the unsolicited initiation of a call to encourage a purchase of property, goods or services or to wrongfully obtain anything of value, and the section states no consent-based exception.
  • Do not substantially assist another person in transmitting a commercial solicitation described above while knowing or consciously avoiding knowledge that the initiator is violating this section, unless you are a telecommunications provider that both complied with federal telemarketing rules and implemented a reasonably effective plan to mitigate such calls.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 2,
    • HB 1155, My Health My Data Act: 1 line reworded
  2. Revision 1, : the entry was first published.

See also

Page updated .