June 26, 2022

Volume XII, Number 177

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June 24, 2022

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MEANWHILE IN WASHINGTON: New Law Taking Effect June 9 Requires Marketers to Honor “Indications” of Revocation and I’ve About Had It

Patchwork state-level regulations on nationwide telecom activity?

Sounds fine.

Vague phrases in statutes governing speech?

No problem.

(This is me throwing my hat on the ground in disgust).

So we’ve been covering Florida and Oklahoma and the disastrous laws those state legislatures have come up with. (I know I still owe everyone a deep dive into the OK law–it is coming, I promise.)

Out in Washington state though we have a new law to report on–taking effect June 9, 2022–that is not quite as bad as a Mini-TCPA but that will be giving marketers fits for days.

The new law contains the following provisions–that, just for fun, do not match any other jurisdiction’s law:

  • Caller must identify him/her/itself within 30 seconds of the start of the calls;

  • Caller must end call within 10 seconds of being asked not to call;

  • Caller must honor all “indications” that called party wants calls to stop (what does that even mean??);

  • Caller must advise consumer that calls will stop for a period of not less than one year;

  • Caller must then stop calling consumer for not less than one year.

These rules apply to “telephone solicitations” defined in the new law as: “unsolicited initiation of a telephone call by a commercial or nonprofit company or organization to a person and conversation for the purpose of encouraging the person to purchase property, goods, or services or soliciting donations of money, property, goods, or services.”

Exceptions include:

(a) Calls made in response to a request or inquiry by the called party. This includes calls regarding an item that has been purchased by the called party from the company or organization during a period not longer than twelve months prior to the telephone contact;

(b) Calls made by a not-for-profit organization to its own list of bona fide or active members of the organization;

(c) Calls limited to polling or soliciting the expression of ideas, opinions, or votes; or

(d) Business-to-business contacts.

Notice that calls to any number are covered–but if the call is to a B2B contact (whatever that means) it is exempt. That will be a fun rule to apply.

And in line with Florida and Oklahoma, the WA bill also limits contacts to 8 am to 8 pm in the called party’s time zone.

You can read the full bill here: Washington Bill

We’ll keep an eye on this stuff.

Oh, and credit to the Baron (that title is retired) Paul Besozzi over at Squire for flagging this for me. (And if you hear about any other states proposing similar laws let me know–not even the Czar can be everywhere at once. (Yet.))

© 2022 Troutman FirmNational Law Review, Volume XII, Number 145
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About this Author

Eric Troutman TCPA Lawyer Troutman Law Firm Orange County, CA
Founder

Eric J Troutman is known as one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. Eric also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric's perspective allows him to...

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