Law / United States / Washington

Unsolicited Telefacsimile Messages Act

RCW 80.36.540

In force.

A telephone contact rule binding public and private bodies.

Obligation class
Prohibition

As of .

What it requires

  • 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.

If you get it wrong

Private right of actionYes

Statutory damages

Damages to the recipient of an unsolicited fax sent in violation of this section are $500 or actual damages, whichever is greater; the section makes the practice a per se unfair or deceptive act under the Consumer Protection Act, chapter 19.86 RCW.

As of
Currency
USD

Who enforces it

Enforcement body

Private civil action as an unfair or deceptive act under the Consumer Protection Act, chapter 19.86 RCW

What this law does

Drafted with AI

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

RCW 80.36.540 bars initiating an unsolicited telefacsimile message, the transmittal of electronic signals over telephone lines for conversion into written text, that promotes goods or services for purchase, unless the recipient has a prior contractual or business relationship with the sender.

That exception does not apply where the sender knew or should have known the recipient is a government entity, and sending is unlawful regardless of any prior relationship once the recipient has sent the initiator a written or fax message clearly indicating it does not want to receive further faxes. The prohibition is a per se unfair or deceptive act under the Consumer Protection Act, chapter 19.86 RCW, and damages to the recipient are $500 or actual damages, whichever is greater.

When LexLint raises it

When your app profile says your app sends automated outreach.

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