Law / United States / 
Washington
Commercial Telephone Solicitation Act
In force since .
A telephone contact rule binding private bodies.
- Obligation class
- Licensing, Prohibition
As of .
What it requires
- 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.
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
A salesperson who solicits purchasers on behalf of a commercial telephone solicitor that is not currently registered with the Department of Licensing is guilty of a misdemeanor.
Penalty structure
A court must impose a civil penalty for each violation of the chapter of not less than $500 nor more than $2,000 per violation; this is separate from a private plaintiff's action for actual damages, costs and fees under RCW 19.158.130.
- Rule
- Per violation only
- As of
- Minimum
- 500
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 2,000
Who enforces it
Enforcement body
Department of Licensing (registration); private civil action for damages, costs and fees under RCW 19.158.130; a court-imposed civil penalty of $500 to $2,000 per violation under RCW 19.158.140; criminal prosecution of an unregistered solicitor's salesperson under RCW 19.158.150
What this law does
Chapter 19.158 RCW requires a commercial telephone solicitor, defined broadly to include a person who calls to encourage a purchase or investment or to wrongfully obtain anything of value, subject to exceptions including calls made in response to the called party's own inquiry, to register with the Department of Licensing before doing business in the state, whether soliciting from a Washington location or soliciting Washington purchasers from elsewhere; a solicitor must register even to maintain or defend a lawsuit here.
A violation is a per se unfair or deceptive act under the Consumer Protection Act, chapter 19.86 RCW. A person injured by a violation may sue for actual damages, court costs and attorney's fees; a court must impose a civil penalty of $500 to $2,000 per violation; and a salesperson who solicits purchasers on behalf of a commercial telephone solicitor that is not currently registered is guilty of a misdemeanor. The effective date of the act, as originally enacted, was .
When LexLint raises it
When your app profile says your app sends automated outreach.