Rev. Code Wash. (ARCW) § 19.158.020
§ 19.158.020. Definitions
Unless the context requires otherwise, the definitions in this section apply throughout this chapter.
(1)
A "commercial telephone solicitor" is any person who engages in commercial telephone solicitation,
including service bureaus.
(2)
"Commercial telephone solicitation" means:
(a)
An unsolicited telephone call to a person initiated by a salesperson and conversation for the
purpose of inducing the person to purchase or invest in property, goods, or services;
(b)
Other communication with a person where:
(i)
A free gift, award, or prize is offered to a purchaser who has not previously purchased from the
person initiating the communication; and
(ii)
A telephone call response is invited; and
(iii)
The salesperson intends to complete a sale or enter into an agreement to purchase during the
course of the telephone call;
(c)
Other communication with a person which misrepresents the price, quality, or availability of
property, goods, or services and which invites a response by telephone or which is followed by a call to the
person by a salesperson;
(d)
For purposes of this section, "other communication" means a written or oral notification or
advertisement transmitted through any means.
(3)
A "commercial telephone solicitor" does not include any of the following:
(a)
A person engaging in commercial telephone solicitation where:
(i)
The solicitation is an isolated transaction and not done in the course of a pattern of repeated
transactions of like nature; or
(ii)
Less than sixty percent of such person's prior year's sales were made as a result of a
commercial telephone solicitation as defined in this chapter. Where more than sixty percent of a seller's
prior year's sales were made as a result of commercial telephone solicitations, the service bureau contracting
to provide commercial telephone solicitation services to the seller shall be deemed a commercial telephone
solicitor.
(b)
A person making calls for religious, charitable, political, or other noncommercial purposes.
(c)
A person soliciting business solely from purchasers who have previously purchased from the business
enterprise for which the person is calling.
(d)
A person soliciting:
(i)
Without the intent to complete or obtain provisional acceptance of a sale during the telephone
solicitation; and
(ii)
Who does not make the major sales presentation during the telephone solicitation; and
(iii)
Who only makes the major sales presentation or arranges for the major sales presentation to be
made at a later face-to-face meeting between the salesperson and the purchaser.
(e)
A person selling a security which is exempt from registration under RCW 21.20.310;
(f)
A person licensed under RCW 18.85.090 when the solicited transaction is governed by that law;
(g)
A person registered under RCW 18.27.060 when the solicited transaction is governed by that law;
(h)
A person licensed under RCW 48.17.150 when the solicited transaction is governed by that law;
(i)
Any person soliciting the sale of a franchise who is registered under RCW 19.100.140;
(j)
A person primarily soliciting the sale of a newspaper of general circulation, a magazine or
periodical, or contractual plans, including book or record clubs: (i) Under which the seller provides the
consumer with a form which the consumer may use to instruct the seller not to ship the offered merchandise;
and (ii) which is regulated by the federal trade commission trade regulation concerning "use of negative
option plans by sellers in commerce";
(k)
Any supervised financial institution or parent, subsidiary, or affiliate thereof. As used in this
section, "supervised financial institution" means any commercial bank, trust company, savings and loan
association, mutual savings banks, credit union, industrial loan company, personal property broker, consumer
finance lender, commercial finance lender, or insurer, provided that the institution is subject to supervision
by an official or agency of this state or the United States;
(l)
A person soliciting the sale of a prearrangement funeral service contract registered under RCW
18.39.240 and 18.39.260;
(m)
A person licensed to enter into prearrangement contracts under RCW 68.05.155 when acting subject to
that license;
(n)
A person soliciting the sale of services provided by a cable television system operating under
authority of a franchise or permit;
(o)
A person or affiliate of a person whose business is regulated by the utilities and transportation
commission or the federal communications commission;
(p)
A person soliciting the sale of agricultural products, as defined in RCW 20.01.010 where the
purchaser is a business;
(q)
An issuer or subsidiary of an issuer that has a class of securities that is subject to section 12 of
the securities exchange act of 1934 (15 U.S.C. Sec. 781) and that is either registered or exempt from
registration under paragraph (A), (B), (C), (E), (F), (G), or (H) of subsection (g) of that section;
(r)
A commodity broker-dealer as defined in RCW 21.30.010 and registered with the commodity futures
trading commission;
(s)
A business-to-business sale where:
(i)
The purchaser business intends to resell the property or goods purchased, or
(ii)
The purchaser business intends to use the property or goods purchased in a recycling, reuse,
remanufacturing or manufacturing process;
(t)
A person licensed under RCW 19.16.110 when the solicited transaction is governed by that law;
(u)
A person soliciting the sale of food intended for immediate delivery to and immediate consumption by
the purchaser;
(v)
A person soliciting the sale of food fish or shellfish when that person is licensed pursuant to the
provisions of *Title 75 RCW.
(4)
"Purchaser" means a person who is solicited to become or does become obligated to a commercial
telephone solicitor.
(5)
"Salesperson" means any individual employed, appointed, or authorized by a commercial telephone
solicitor, whether referred to by the commercial telephone solicitor as an agent, representative, or
independent contractor, who attempts to solicit or solicits a sale on behalf of the commercial telephone
solicitor.
(6)
"Service bureau" means a commercial telephone solicitor who contracts with any person to provide
commercial telephone solicitation services.
(7)
"Seller" means any person who contracts with any service bureau to purchase commercial telephone
solicitation services.
(8)
"Person" includes any individual, firm, association, corporation, partnership, joint venture, sole
proprietorship, or any other business entity.
(9)
"Free gift, award, or prize" means a gratuity which the purchaser believes of a value equal to or
greater than the value of the specific product, good, or service sought to be sold to the purchaser by the
seller.
(10)
"Solicit" means to initiate contact with a purchaser for the purpose of attempting to sell property,
goods or services, where such purchaser has expressed no previous interest in purchasing, investing in, or
obtaining information regarding the property, goods, or services attempted to be sold.
|
|
Compliance Guide:
Registration Made Easy.
- Online State Registration wizard for call campaign licensing.
- Wizard makes finding State DNC exemptions easy.
- Quickly answer questions with included regulatory guide.
|
|
