Places automated calls, in Washington

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.

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.

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.

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.

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.