the statutory damages for the most common telemarketing violations in Washington state
- Peter Schneider
- Jan 17, 2024
- 5 min read
Updated: Jul 22
In the summer of 2023 Washington State became one of the best states for protecting their citizens from telemarketers. These are the most common laws telemarketers flout and the statutory damages you could be awarded.
Federal Law
Before we get to state laws, let's start with federal laws that protect citizens in every state from harassing and privacy invading telemarketers.
47 U.S. Code § 227(c) - This section of the Telephone Consumer Protection Act (TCPA) is most commonly associated with the FTC do-not-call registry. Generally, most telemarketers should (if they obey the law) stop telephone solicitations to your phone number without your written or verbal consent after you phone number is on the list more than 30 days. Any specific telemarketer may be able call you one time each year without violating this provision. And this provision does not prevent calls to business-owned phone lines.
Statutory damages: Up to $500 per violation. Can be tripled for willful or knowing conduct.
47 U.S. Code § 227(b) - This section of the TCPA prohibits robocalls without your written consent. You know robocalls, they are the artificial or prerecorded voice calls you receive. You know, the ones that make impersonal announcement or can only understand expected responses.
This provision protects everyone, consumers and businesses alike. There isn't a one-call-a-year exception, and the very first call (without written consent) is generally illegal (like everything else there are exceptions like emergencies).
Statutory damages: $500 per violation. The law does not give the judge discretion on the $500 but the judge has the option for triple damages for willful or knowing conduct.
47 CFR § 64.1200(d) - The TCPA was enacted by Congress, and Congress gave the FCC authority to enact regulations to fulfill the purpose of the TCPA. Those regulations are in 47 CFR § 64.1200. Section (d) requires robocallers to have and maintain a robocaller-specific DNC list. A common way to establish a section (d) violation is to ask to be placed on their DNC list, and then they call you again.
Statutory damages: Up to $500 per violation. Can be tripled for willful or knowing conduct.
47 CFR § 64.1200(d)(4) - failure to "provide the called party with the name of the individual caller, the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which the person or entity may be contacted." Many telemarketers want to hide their identity so will not provide any of this. If the solicitation call is recorded they can't really argue it.
Washington State Law
CEMA - RCW 19.190 - This law prohibits "assist the transmission" of text messages "sent for the purpose of promoting real property, goods, or services for sale or lease". Arguably this is broader language than "telephone solicitation" under the TCPA.
Statutory damages: $500 per violation. The law does not give the judge discretion on the $500.
RCW 80.36.400 - This law is essentially the Washington State copy of the TCPA § 227(b) and a violation of one is generally considered a violation of both. It prohibits robocalls.
Statutory damages: $1000 per violation. The law does not give the judge discretion on the $1000.
RCW 80.36.390 - This comprehensive law is what really puts the bite on telemarketers and if your situation fits, it should be the backbone of telemarketing lawsuits in Washington State.
RCW 80.36.390(3) - Telemarketers must identify themselves in the first 30 seconds of a call. Pro tip: Don't ask them who they are until after 30 seconds have elapsed.
RCW 80.36.390(5) - Telemarketers asking for donations "must ask the called party whether they want to continue the call, end the call, or be removed from the solicitor's telephone lists." Pro tip: don't hang up on them, if they don't comply with #5 and they hang up, you've got them.
RCW 80.36.390(6) - Telemarketers must end the call within 10 seconds of you state or indicate you want to end the call. Pro tip: Tell the telemarketer "I am not interested" and then just chill. Many telemarketers want to argue with you or try and change their mind. They do that and you've got them.
RCW 80.36.390(7) - this one is a doozy! If you tell a telemarketer you want to be put on their do-not-call list / don't want to be called again, the telemarketer must: 1) tell you they will not call you for at least a year.2) not call you for the next year. 3) not sell or give you information to someone else to call you. And 4) then hang up in 10 seconds.
RCW 80.36.390(8) - No calls after 8pm and before 8am. Pro tip: document the time of the call, date, and calling number into your voice recorder after the call ends.
RCW 80.36.390(9) - No calls to phone numbers on the FTC do-not-call registry.
RCW 80.36.390(10) - No spoofing their calling number to hide their identity. Pro tip: Call the calling right back and see if the number is not in service.
Statutory damages: $1000 per each violation of subsection (3), (4), (5), (6), (7), (8), (9), or (10). The law does not give the judge discretion on the $1000. A single call could be worth $8,000 under RCW 80.36.390 if it checked every box. In theory a robocall could be worth $11,000 under state and federal law! Even better, this section provides reasonable attorney fees if you win which is why we can easily take strong RCW 80.36.390 lawsuits on contingency.
These are statutory damages for The most common telemarketing violations in Washington state.
Would you like a free case review? Do you have a question or a telemarketing, debt collection, or bankruptcy case that would make a great blog article? We might even review your pro-se complaint or motion in a blog post. Email peter@nwdebtresolution.com and/or nathen@nwdebtresolution.com and we may answer it for everyone!
Are telemarketers harassing you in Washington, Oregon, or Montana? My Washington State TCPA plaintiff law practice can help, just give us a call at 206-800-6000 or email peter@nwdebtresolution.com.
The thoughts, opinions and musings of this blog are those of Peter Schneider, a consumer advocate and Washington State plaintiff's TCPA attorney at Northwest Debt Resolution, LLC. They are just that, his thoughts, opinions and musings and should be treated as such. They are not legal advice. If you are looking to file a lawsuit for TCPA violations and unwanted calls please contact me for a consultation.
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