Law / United States / 
Washington
Automatic Dialing and Announcing Device Act
In force.
A telephone contact rule binding public and private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- 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.
If you get it wrong
Private right of actionYes
Statutory damages
A person injured under this section may sue for actual damages or $1,000 per violation, whichever is greater, in addition to an injunction against further violations.
- As of
- Currency
- USD
Who enforces it
Enforcement body
Private civil action under subsection (4); a violation is an unfair or deceptive act under the Consumer Protection Act, chapter 19.86 RCW
What this law does
RCW 80.36.400 bans the use of an automatic dialing and announcing device, a system that automatically dials telephone numbers and transmits a recorded or artificial voice message once a connection is made, including a message that goes directly to a recipient's voicemail, for commercial solicitation, defined as the unsolicited initiation of a telephone communication to encourage a purchase or to wrongfully obtain anything of value.
It extends to a person who substantially assists in transmitting a commercial solicitation while knowing or consciously avoiding knowledge that the initiator is violating the Consumer Protection Act, subject to an affirmative defense for a telecommunications provider that complied with federal telemarketing rules and implemented a reasonably effective plan to mitigate such calls.
A violation is a per se unfair or deceptive act under the Consumer Protection Act, chapter 19.86 RCW, and a person injured may sue in superior court to enjoin further violations and recover actual damages or $1,000 per violation, whichever is greater.
When LexLint raises it
When your app profile says your app sends automated outreach.