Washington Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

Overview

Washington regulates telephone solicitation through several overlapping statutes. RCW 80.36.390 governs commercial and nonprofit telephone solicitation generally: it sets calling hours, requires identification within 30 seconds, imposes company-specific do-not-call duties, incorporates the national Do Not Call Registry, and adopts the federal anti-spoofing standard. RCW 80.36.400 prohibits the use of automatic dialing and announcing devices for commercial solicitation and, since 2023, reaches persons who knowingly assist in transmitting those calls. The Commercial Telephone Solicitation Act, chapter 19.158 RCW, requires most commercial telephone solicitors to register with the Department of Licensing and gives purchasers cancellation rights. The Commercial Electronic Mail Act, chapter 19.190 RCW, prohibits unsolicited commercial text messages to Washington cellular numbers absent clear, affirmative prior consent. RCW 80.36.540 separately restricts unsolicited fax advertising.

Enforcement runs primarily through the Attorney General under the Consumer Protection Act (CPA), chapter 19.86 RCW. Each of these statutes declares its violations to be unfair or deceptive acts in trade or commerce for purposes of the CPA (RCW 80.36.390(12), 80.36.400(4), 80.36.540(5), 19.158.030, 19.190.060(2)). The Department of Licensing administers registration under chapter 19.158 RCW. The Utilities and Transportation Commission (UTC) has a limited role, chiefly customer notice and authority to adopt additional autodialer and fax rules.

The headline difference from federal law: Washington bans recorded-message commercial robocalls without a consent exception in the statutory text, ends calling at 8:00 p.m. rather than 9:00 p.m., requires registration of commercial telephone solicitors, and treats unconsented commercial texts as a Consumer Protection Act violation regardless of whether an autodialer was used.

Key statutes and regulations

Detailed provisions

Definitions and scope (RCW 80.36.390)

The general telephone solicitation statute reaches both commercial and nonprofit callers. RCW 80.36.390(1)(a) provides:

As used in this section, "telephone solicitation" means the unsolicited initiation of a telephone call by a commercial or nonprofit company or organization to a person for the purpose of encouraging the person to purchase property, goods, or services, wrongfully obtaining anything of value, or soliciting donations of money, property, goods, or services.

The phrase "wrongfully obtaining anything of value" was added by Engrossed Substitute House Bill 1051 (2023 c 103) to reach scam and impersonation calls that do not involve a sale. A "telephone call" includes automated as well as live calls. RCW 80.36.390(1)(c):

"Telephone call" means any communication made through a telephone that uses a live person, artificial voice, or recorded message.

Five categories of calls are excluded under RCW 80.36.390(1)(b): calls responding to a request or inquiry by the called party, including calls about an item purchased within the prior 12 months; calls by a section 501 nonprofit to its own members; calls by a membership or labor organization to its own members; polling and calls "limited to polling or soliciting the expression of ideas, opinions, or votes"; and, in the words of subsection (1)(b)(v):

Business-to-business contacts.

Two structural rules matter in practice. Under RCW 80.36.390(2)(a), "each individual real estate agent or insurance agent who maintains a separate list from other individual real estate or insurance agents shall be treated as a company or organization." Under subsection (2)(b), political party organizations formed under chapter 29A.80 RCW are not commercial or nonprofit companies for purposes of the section.

Disclosure at the start of the call

RCW 80.36.390(3):

A person making a telephone solicitation must identify him or herself and the company or organization on whose behalf the solicitation is being made and the purpose of the call within the first 30 seconds of the telephone call.

For charitable calls, RCW 80.36.390(5) adds:

If the telephone solicitor is requesting a donation or gift of money, the telephone solicitor must ask the called party whether they want to continue the call, end the call, or be removed from the solicitor's telephone lists.

The Commercial Telephone Solicitation Act imposes parallel requirements on registered commercial solicitors (RCW 19.158.110(1)) and adds post-sale disclosures. RCW 19.158.110(6):

If a sale or an agreement to purchase is completed, the commercial telephone solicitor must inform the purchaser of his or her cancellation rights as enunciated in this chapter, state the registration number issued by the department of licensing, and give the street address of the seller.

Ending the call and company-specific do-not-call

RCW 80.36.390(6) requires a solicitor to end the call "within 10 seconds" when the called party "states or indicates they want to end the call." RCW 80.36.390(7) governs do-not-call requests:

(a) The telephone solicitor shall inform the called party that his or her contact information will be removed from the telephone solicitor's telephone lists for at least one year;

(b) The telephone solicitor shall end the call within 10 seconds;

(c) The telephone solicitor shall not make any additional telephone solicitation of the called party at any telephone number that the called party has requested be removed from the solicitor's telephone lists for a period of at least one year; and

(d) The telephone solicitor shall not sell or give the called party's name, telephone number, and other contact information to another company or organization: PROVIDED, That the telephone solicitor may return the list, including the called party's name, telephone number, and other contact information to the company or organization from which it received the list.

RCW 19.158.110(3)(c) uses broader language for registered commercial solicitors: no further solicitation "at any telephone number associated with that party within a period of at least one year."

State do-not-call list and the national registry

Washington does not maintain its own do-not-call list. Since July 23, 2023, it has incorporated the national registry by statute. RCW 80.36.390(9):

No person may initiate, or cause to be initiated, a telephone solicitation to a telephone number registered on the do not call registry maintained by the federal government pursuant to telephone consumer protection act, 47 U.S.C. Sec. 227 and related regulations, as currently enacted or subsequently amended. This subsection applies to all telephone solicitation intended to be received by telephone customers within the state.

Because subsection (9) sits inside RCW 80.36.390 and is framed in terms of a "telephone solicitation," it carries that section's definition and exclusions (including the business-to-business and prior-inquiry exclusions) and its remedies, including the subsection (11) fine and the subsection (13) private action. There is no state list, list fee, or state list purchase requirement.

Calling hours

RCW 80.36.390(8):

A telephone solicitor shall not place calls to any person which will be received before 8:00 a.m. or after 8:00 p.m. at the call recipient's local time.

The same 8:00 a.m. to 8:00 p.m. window appears in RCW 19.158.040(2) and RCW 19.158.110(4). The statute does not restrict calls on Sundays or holidays.

Call frequency

Washington has no numeric call-frequency cap of the Florida or Oklahoma type. RCW 19.158.040(3) does provide that a commercial telephone solicitor "may not engage in any conduct the natural consequence of which is to harass, intimidate, or torment any person in connection with the telephone call."

Automatic dialing and announcing devices (RCW 80.36.400)

Washington's autodialer statute is a recorded-message statute. RCW 80.36.400(1)(b):

"Automatic dialing and announcing device" is a system which automatically dials telephone numbers and transmits a recorded or artificial voice message once a connection is made. A recorded or artificial message is transmitted even if the recorded or artificial message goes directly to a recipient's voicemail.

The operative prohibition, RCW 80.36.400(2):

No person may use an automatic dialing and announcing device for purposes of commercial solicitation. This section applies to all commercial solicitation intended to be received by telephone customers within the state.

"Commercial solicitation" is defined in RCW 80.36.400(1)(c) as "the unsolicited initiation of a telephone communication made for the purpose of encouraging a person to purchase property, goods, or services, or wrongfully obtaining anything of value." The prohibition therefore applies to unsolicited calls; a call initiated at the consumer's request is not "unsolicited," but the statute contains no express prior express written consent mechanism comparable to 47 C.F.R. § 64.1200(a)(2).

The 2023 amendments added secondary liability. RCW 80.36.400(3):

No person may assist in the transmission of a commercial solicitation described in subsection (2) of this section. In any action arising out of a violation of this subsection, it shall be an affirmative defense that a telecommunications provider both:

(a) Acted in compliance with 47 U.S.C. Sec. 227, 16 C.F.R. Part 310, and related regulations; and

(b) Implemented a reasonably effective plan to mitigate origination, initiation, or transmission of a commercial solicitation described in subsection (2) of this section.

"Assist in the transmission" requires "substantial assistance or support" by a person who "knows or consciously avoids knowing" that the initiator is violating the Consumer Protection Act (RCW 80.36.400(1)(a)(i)), and it excludes technology vendors with a commercially significant lawful use, internet access providers, and terminating providers (RCW 80.36.400(1)(a)(ii)).

Comparison with Facebook, Inc. v. Duguid, 592 U.S. 395 (2021): Duguid narrowed the federal "automatic telephone dialing system" definition to equipment that uses a random or sequential number generator. Washington's definition contains no random or sequential element. Any system that automatically dials and plays a recorded or artificial voice message is covered, including ringless voicemail by express statutory text. Conversely, Washington's definition does not reach live-agent calls placed through a predictive dialer, since a recorded or artificial message is an element.

Text messages (Commercial Electronic Mail Act)

RCW 19.190.010(3) defines "commercial electronic text message" as "an electronic text message sent to promote real property, goods, or services for sale or lease." The prohibition, RCW 19.190.060(1):

No person conducting business in the state may initiate or assist in the transmission of an electronic commercial text message to a telephone number assigned to a Washington resident for cellular telephone or pager service that is equipped with short message capability or any similar capability allowing the transmission of text messages.

The exceptions, RCW 19.190.070(1):

(a) The commercial electronic text message is transmitted at the direction of a person offering cellular telephone or pager 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

(b) The unsolicited commercial electronic text message is transmitted by a person to a subscriber and the subscriber has clearly and affirmatively consented in advance to receive these text messages.

A violation is an unfair or deceptive act for purposes of the Consumer Protection Act (RCW 19.190.060(2)). Statutory damages are set by RCW 19.190.040(1), as amended in 2026:

Damages to the recipient of a commercial electronic mail message or a commercial electronic text message sent in violation of this chapter are $100, or actual damages, whichever is greater.

Engrossed Substitute House Bill 2274 (2026 c 135), effective June 11, 2026, reduced this amount from five hundred dollars and, under section 3 of the act, "applies to all causes of action commenced on or after the effective date of this section, regardless of when the cause of action arose." The prohibition does not depend on dialing technology. By its terms it reaches any commercial electronic text message sent to a Washington cellular number without clear and affirmative advance consent, including a message sent manually.

Caller ID and spoofing

RCW 80.36.390(10):

It is unlawful for a person to initiate, or cause to be initiated, a telephone solicitation that violates 47 U.S.C. Sec. 227(e)(1), as currently written or as subsequently amended or interpreted by the federal government. This subsection applies to all telephone solicitation intended to be received by telephone customers within the state.

This incorporates the federal Truth in Caller ID Act standard (transmitting misleading or inaccurate caller identification with intent to defraud, cause harm, or wrongfully obtain anything of value) and gives it state remedies.

Telemarketer registration (chapter 19.158 RCW)

RCW 19.158.050(1):

In order to maintain or defend a lawsuit or do any business in this state, a commercial telephone solicitor must be registered with the department of licensing. Prior to doing business in this state, a commercial telephone solicitor shall register with the department of licensing. Doing business in this state includes both commercial telephone solicitation from a location in Washington and solicitation of purchasers located in Washington.

An annual registration fee is set by the Director of the Department of Licensing and must be "reasonably related to the cost of administering the provisions of this chapter" (RCW 19.158.050(5)). Chapter 19.158 RCW contains no bond requirement. Salespersons may not solicit for an unregistered solicitor; under RCW 19.158.150, a salesperson who does so "is guilty of a misdemeanor."

The registration requirement is narrower than the definition of telephone solicitation in RCW 80.36.390 because RCW 19.158.020(2)(b) lists twenty-two exemptions, including persons making calls "for religious, charitable, political, or other noncommercial purposes" (subsection (ii)); persons "soliciting business solely from purchasers who have previously purchased from the business enterprise for which the person is calling" (subsection (iii)); appointment setters who do not make the major sales presentation by phone and arrange a later face-to-face meeting (subsection (iv)); licensed real estate brokers, contractors, insurance producers and collection agencies when the transaction is governed by their licensing law; supervised financial institutions; cable operators; entities regulated by the Utilities and Transportation Commission or the Federal Communications Commission (FCC); and certain issuers of registered securities. RCW 19.158.020(10) defines "unsolicited" as initiating contact where the person "provided no previous express interest in purchasing, investing in, or obtaining information regarding the property, goods, or services attempted to be sold."

Written confirmation and cancellation

RCW 19.158.120(1):

A purchase of property, goods, or services ordered as a result of a commercial telephone solicitation as defined in this chapter, if not followed by a written confirmation, is not final. The confirmation must contain an explanation of the consumer's rights under this section and a statement indicating where notice of cancellation should be sent. The purchaser may give notice of cancellation to the seller in writing within three business days after receipt of the confirmation.

If the solicitor or seller violates the chapter or fails to deliver within forty-two calendar days, "the contract is voidable by giving written notice to the seller and the purchaser is entitled to a return from the seller within fourteen days of all consideration paid" (RCW 19.158.120(3)). Waivers are unenforceable (RCW 19.158.120(4)). RCW 19.158.100 also makes it a violation "to require that payment be by credit card authorization or otherwise to announce a preference for that method of payment over any other for unfair or deceptive reasons."

Fax advertising

RCW 80.36.540(2) provides that no person "shall initiate the unsolicited transmission of telefacsimile messages promoting goods or services for purchase by the recipient." A prior contractual or business relationship exempts the sender (RCW 80.36.540(3)(a)), except where the recipient is a governmental entity (subsection (3)(b)) or has opted out in writing (subsection (4)). Damages under subsection (5) "are five hundred dollars or actual damages, whichever is greater."

Private right of action and damages

Washington offers several distinct private remedies:

• RCW 80.36.390(13): "A person aggrieved by repeated violations of this section may bring a civil action in superior court to enjoin future violations, to recover damages, or both. The court shall award damages of at least $1,000 for each individual violation of this section. If the aggrieved person prevails in a civil action under this subsection, the court shall award the aggrieved person reasonable attorneys' fees and cost of the suit." The trigger is "repeated violations," and fees are mandatory for a prevailing plaintiff.
• RCW 80.36.400(4): in addition to Consumer Protection Act remedies, an injured person "shall recover actual damages or $1,000 per violation of this section, whichever is greater."
• RCW 19.190.040(1) (texts): $100 or actual damages, recoverable through the Consumer Protection Act.
• RCW 19.158.130: a person injured by a violation of chapter 19.158 RCW "may bring an action for recovery of actual damages, including court costs and attorneys' fees."
• RCW 19.86.090 (Consumer Protection Act): actual damages, costs and "a reasonable attorney's fee," with discretionary trebling, except that the "increased damage award for violation of RCW 19.86.020 may not exceed twenty-five thousand dollars."

The Consumer Protection Act limitations period is four years. RCW 19.86.120:

Any action to enforce a claim for damages under RCW 19.86.090 shall be forever barred unless commenced within four years after the cause of action accrues

None of these statutes bars class actions. Aaland v. CRST Home Solutions, discussed below, was a certified class action under the Commercial Electronic Mail Act.

Attorney General enforcement and civil penalties

RCW 80.36.390(12) authorizes the Attorney General to "bring actions to enforce compliance with this section" and declares violations unfair or deceptive acts under the Consumer Protection Act. Before 2023, the statute required a warning letter for a solicitor's first violation; Engrossed Substitute House Bill 1051 deleted that requirement. Violations of subsections (3) through (10) are punishable "by a fine of up to $1,000 for each violation" (RCW 80.36.390(11)). Under the Consumer Protection Act, RCW 19.86.140, a person who violates RCW 19.86.020 "shall forfeit and pay a civil penalty of not more than $7,500 for each violation," with an enhanced penalty of $5,000 where the practice targets individuals or communities based on enumerated demographic characteristics, including age and veteran status. For violations of chapter 19.158 RCW, RCW 19.158.140 requires a civil penalty "in an amount not less than five hundred dollars nor more than two thousand dollars per violation." Knowing violations of chapter 19.158 RCW are crimes graded by transaction value, up to a class C felony at two hundred fifty dollars or more (RCW 19.158.160(1)(c)).

How Washington differs from federal law

Washington is stricter than federal law in its calling window, its 30-second disclosure, its one-year minimum removal (though the federal 5-year retention period is longer), its unconditional ban on recorded commercial solicitations, its coverage of texts without regard to dialing technology, its registration and cancellation regime, and its $1,000 statutory floor. It is looser in a few respects: RCW 80.36.390 exempts business-to-business contacts and polling, the national registry incorporation applies only to calls within the section's definition of telephone solicitation, and the RCW 80.36.390(13) private action requires "repeated violations." Federal law continues to apply alongside state law, so a Washington call must satisfy both regimes.

Notable case law

Wright v. Lyft, Inc., No. 94162-9 (Wash. Dec. 14, 2017) (en banc). On certified questions from the U.S. District Court for the Western District of Washington, the Washington Supreme Court addressed text messages sent through Lyft's referral feature Wright v. Lyft (Wash. 2017) opinion. The court held that "CEMA creates a private cause of action with damages limited to phishing violations," so RCW 19.190.040 "does not provide an independent cause of action for monetary damages." It further concluded "that RCW 19.190.040 establishes the injury and causation elements of a CPA claim as a matter of law." In practice, a recipient of an unconsented commercial text sues under the Consumer Protection Act, with the statutory damages amount (now $100) supplying injury and causation.

Aaland v. CRST Home Solutions, LLC, No. 86708-3-I (Wash. Ct. App. Sept. 15, 2025) (published). The plaintiff received an unsolicited text recruiting him to join a network of independent delivery and installation contractors Aaland v. CRST Home Solutions (Wash. Ct. App. 2025) opinion. Division One held "that these text messages fall within the meaning of 'commercial' under the plain language of RCW 19.190.010(3)," reversed summary judgment for the sender, and remanded for entry of summary judgment for the plaintiff and the class. The decision indicates that recruiting texts, not only consumer product promotions, can be commercial electronic text messages.

Recent amendments

• Engrossed Substitute House Bill 1497, 2022 c 195 (effective June 9, 2022): aligned the Telephone Solicitation Act (RCW 80.36.390) and the Commercial Telephone Solicitation Act. It extended RCW 80.36.390 from calls to a "residential telephone customer" to calls to any "person"; moved the chapter 19.158 RCW calling window from 9:00 p.m. to 8:00 p.m.; replaced the chapter 19.158 RCW "first minute" identification rule with the 30-second rule; required ending a call within 10 seconds on request; required informing the called party of removal for at least one year and barred further solicitation at any number associated with the called party for that period; extended the RCW 80.36.390 fine to the hours, identification, and removal duties; and directed the Attorney General to maintain a public web page on telephone solicitation law (RCW 19.158.180). Source: session law text and the House Final Bill Report.
• Engrossed Substitute House Bill 1051, 2023 c 103 (effective July 23, 2023): expanded RCW 80.36.390 and RCW 80.36.400 to reach calls "wrongfully obtaining anything of value"; added a definition of "telephone call" and an exclusion for membership and labor organizations calling their own members; added the national registry incorporation (subsection (9)) and spoofing prohibition (subsection (10)); declared violations of RCW 80.36.390 to be CPA violations; raised the private damages floor from one hundred dollars to $1,000; removed the Attorney General first-violation warning letter; narrowed the RCW 80.36.390(7)(c) suppression duty from "any telephone number associated with that party" to any number "that the called party has requested be removed"; added ringless voicemail coverage and assisting liability to RCW 80.36.400 and set damages there at the greater of actual damages or $1,000; and, in RCW 19.158.020, removed references to a "salesperson," removed the exemption for persons making less than 60 percent of prior-year sales by telephone, and added definitions of "telephone call" and "unsolicited."
• Engrossed Substitute House Bill 2274, 2026 c 135 (approved March 23, 2026; effective June 11, 2026): reduced Commercial Electronic Mail Act recipient damages, including for commercial texts, from five hundred dollars to $100 (RCW 19.190.040(1)), applicable to all causes of action commenced on or after the effective date regardless of when the cause of action arose. It also revised the email subject line provision in RCW 19.190.020.

Practical compliance checklist

• Restrict outbound solicitation calls to Washington numbers to 8:00 a.m. through 8:00 p.m. in the recipient's local time.
• Script the caller's name, the company and the purpose of the call into the first 30 seconds, and train agents to disconnect within 10 seconds of a request to end the call or not be called again.
• Suppress company-specific do-not-call requests across every number associated with the consumer, retain them for at least the federal 5-year period, and do not sell or share the list.
• Scrub against the national Do Not Call Registry; Washington now imposes a $1,000 floor for repeated violations.
• Do not use prerecorded or artificial voice messages, including ringless voicemail, for unsolicited commercial solicitation into Washington, and vet any vendor whose dialing platform could expose you to assisting liability.
• Obtain clear and affirmative advance consent, documented, before sending any promotional or recruiting text to a Washington number, regardless of dialing method.
• Determine whether chapter 19.158 RCW registration applies; if so, register with the Department of Licensing before calling, and give the registration number, cancellation rights and seller street address at the close of any sale.
• Send a written confirmation with the required cancellation notice for every telephone sale and honor cancellations made within three business days of receipt.

References

• RCW 80.36.390: https://app.leg.wa.gov/RCW/default.aspx?cite=80.36.390
• RCW 80.36.400: https://app.leg.wa.gov/RCW/default.aspx?cite=80.36.400
• RCW 80.36.540: https://app.leg.wa.gov/RCW/default.aspx?cite=80.36.540
• RCW 19.158.030: https://app.leg.wa.gov/RCW/default.aspx?cite=19.158.030
• Chapter 19.158 RCW: https://app.leg.wa.gov/RCW/default.aspx?cite=19.158
• Chapter 19.190 RCW: https://app.leg.wa.gov/RCW/default.aspx?cite=19.190
• RCW 19.86.090: https://app.leg.wa.gov/RCW/default.aspx?cite=19.86.090
• RCW 19.86.120: https://app.leg.wa.gov/RCW/default.aspx?cite=19.86.120
• RCW 19.86.140: https://app.leg.wa.gov/RCW/default.aspx?cite=19.86.140
• 2022 c 195 (ESHB 1497): https://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Session%20Laws/House/1497-S.SL.pdf
• House Final Bill Report, ESHB 1497 (2022): https://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bill%20Reports/House/1497-S.E%20HBR%20FBR%2022.pdf
• 2023 c 103 (ESHB 1051): https://lawfilesext.leg.wa.gov/biennium/2023-24/Pdf/Bills/Session%20Laws/House/1051-S.SL.pdf
• House Final Bill Report, ESHB 1051 (2023): https://lawfilesext.leg.wa.gov/biennium/2023-24/Pdf/Bill%20Reports/House/1051-S.E%20HBR%20FBR%2023.pdf
• 2026 c 135 (ESHB 2274): https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/Session%20Laws/House/2274-S.SL.pdf
• Wright v. Lyft, Inc., No. 94162-9: https://www.courts.wa.gov/opinions/pdf/941629.pdf
• Aaland v. CRST Home Solutions, LLC, No. 86708-3-I: https://www.courts.wa.gov/opinions/pdf/867083.pdf
• 47 U.S.C. § 227: https://www.govinfo.gov/content/pkg/USCODE-2023-title47/html/USCODE-2023-title47-chap5-subchapII-partI-sec227.htm
• 47 C.F.R. § 64.1200: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• 16 C.F.R. Part 310: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.