The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
"Assist in the transmission" means actions taken by a person to provide substantial assistance or support which enables any person to formulate, compose, send, originate, initiate, or transmit a commercial email message or a commercial electronic text message when the person providing the assistance knows or consciously avoids knowing that the initiator of the commercial email message or the commercial electronic text message is engaged, or intends to engage, in any practice that violates the consumer protection act. "Assist in the transmission" does not include : (a) Activities of an email service provider or other entity who provides intermediary transmission service in sending or receiving email, or provides to users of email services the ability to send, receive, or compose email; or (b) activities of any entity related to the design, manufacture, or distribution of any technology, product, or component that has a commercially significant use other than to violate or circumvent this section.
"Commercial email message" means an email message sent for the purpose of promoting or facilitating the sale or lease of real property, goods, or services . It does not mean an email message to which an interactive computer service provider has attached an advertisement in exchange for free use of an email account, when the sender has agreed to such an arrangement. It also does not mean an email message that constitutes collection activity pursuant to chapter 19.16 RCW or federal law.
"Commercial electronic text message" means an electronic text message sent to promote or facilitate the sale or lease of real property, goods, or services . It does not mean a text message that constitutes collection activity pursuant to chapter 19.16 RCW or federal law.
"Email address" means a destination, commonly expressed as a string of characters, to which email may be sent or delivered.
"Email message" means an electronic message sent to an email address and a reference to an internet domain, whether or not displayed, to which an email message can be sent or delivered.
"Electronic text message" means a text message sent to a mobile device equipped with short message service (SMS), rich communication service (RCS), or any similar capability, whether the message is initiated as a SMS message**, RCS message, any similar service message,** or as an email message. For purposes of this definition, "mobile device" means any cellular phone, mobile phone, smart phone, tablet, pager, or similar device.
"Initiate the transmission" refers to the action by the original sender of an email message or an electronic text message, not to the action by any intervening interactive computer service or wireless network that may handle or retransmit the message, unless such intervening interactive computer service assists in the transmission of an email message when it knows, or consciously avoids knowing, that the person initiating the transmission is engaged, or intends to engage, in any act or practice that violates the consumer protection act.
"Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.
"Internet" means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, that comprise the interconnected worldwide network of networks that employ the transmission control protocol/internet protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.
"Internet domain name" refers to a globally unique, hierarchical reference to an internet host or service, assigned through centralized internet naming authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation, or any other legal or commercial entity.
"Personally identifying information" means an individual's: (a) Social security number; (b) driver's license number; (c) bank account number; (d) credit or debit card number; (e) personal identification number; (f) automated or electronic signature; (g) unique biometric data; (h) account passwords; or (i) any other piece of information that can be used to access an individual's financial accounts or to obtain goods or services.
"Web page" means a location, with respect to the world wide web, that has a single uniform resource locator or other single location with respect to the internet.
No person may initiate the transmission, conspire with another to initiate the transmission, or assist in the transmission, of a commercial email message from a computer located in Washington or to an email address that the sender knows, or has reason to know, is held by a Washington resident that:
Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of a commercial email message; or
Contains false or misleading information in the subject line.
For purposes of this section, a person knows that the intended recipient of a commercial email message is a Washington resident if that information is available, upon request, from the registrant of the internet domain name contained in the recipient's email address.
It is a violation of the consumer protection act, chapter 19.86 RCW, to conspire with another person to initiate the transmission or to initiate the transmission of a commercial electronic mail message that:
Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of a commercial electronic mail message; or
Contains false or misleading information in the subject line.
It is a violation of the consumer protection act, chapter 19.86 RCW, to assist in the transmission of a commercial electronic mail message, when the person providing the assistance knows, or consciously avoids knowing, that the initiator of the commercial electronic mail message is engaged, or intends to engage, in any act or practice that violates the consumer protection act.
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 1999 c 289 § 3; 1998 c 149 § 4; ]
Damages to the recipient of a commercial email message or a commercial electronic text message sent in violation of this chapter are $1,000 for each violation, or actual damages, whichever is greater.
Damages to an interactive computer service resulting from a violation of this chapter are $2,000 for each violation, or actual damages, whichever is greater.
An interactive computer service may, upon its own initiative, block the receipt or transmission through its service of any commercial electronic mail that it reasonably believes is, or will be, sent in violation of this chapter.
No interactive computer service may be held liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any commercial electronic mail which it reasonably believes is, or will be, sent in violation of this chapter.
[ 1998 c 149 § 6; ]
Except as provided in RCW 19.190.070, no person may initiate or assist in the transmission of a commercial electronic text message to a person within the state of Washington. For purposes of this section, there is a rebuttable presumption that a commercial electronic text message to a telephone number with a Washington state area code is received by a person within the state of Washington.
The legislature finds that the practices covered by this section are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this section is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
It is not a violation of RCW 19.190.060 if:
The commercial electronic text message is transmitted at the direction of a person offering telecommunications service to the person's existing subscriber at no cost to the subscriber unless the subscriber has indicated that he or she is not willing to receive further commercial text messages from the person; or
The commercial electronic text message is transmitted by a person to a recipient and the recipient has clearly and affirmatively consented in writing in advance to receive these text messages. The recipient may provide written consent electronically, provided that the recipient is given a clear, detailed disclosure as to what text messages he or she is consenting to receiving, and the electronic written consent only applies to text messages from the person seeking the recipient's consent.
No person offering telecommunications service may be held liable for serving merely as an intermediary between the sender and the recipient of a commercial electronic text message sent in violation of this chapter unless the person is assisting in the transmission of the commercial electronic text message.
It is a violation of this chapter to solicit, request, or take any action to induce a person to provide personally identifying information**, money, goods, or services,** by means of a web page, email message, electronic text message, phone call, or otherwise using the internet or any telecommunications service, by representing oneself, either directly or by implication, to be another person, without the authority or approval of such other person.
A person who is injured under this chapter may bring a civil action in the superior court to enjoin further violations, and shall recover actual damages or $1,000 per violation, whichever is greater.
A person engaged in the business of providing internet access service or text messaging service to the public, an owner of a web page, or trademark owner who is adversely affected by reason of a violation of this chapter, may bring an action against a person who violates this chapter to:
Enjoin further violations of this chapter; and
Recover the greater of actual damages or $5,000 per violation of this chapter.
In an action under this section, a court may increase the damages up to three times the damages allowed by this section if the defendant has engaged in a pattern and practice of violating this chapter.
In an action under this chapter, the court shall award costs and reasonable attorneys' fees to a prevailing plaintiff.
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 2005 c 378 § 4; ]
It is the intent of the legislature that this chapter is a matter of statewide concern. This chapter supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding the practices covered by this chapter and notices to consumers from computer software providers regarding information collection.
[ 2005 c 378 § 5; ]