Mini-TCPA in effectLast verified 2026-10-07

Washington TCPA and telemarketing law

Washington has its own telemarketing statute with a private right of action. Its consent standard is stricter than the current federal one.

At a glance
StatuteRCW 80.36.390; RCW 80.36.400; RCW 19.190.060↗
Consent standardNo state-specific consent standard↗
Stricter than federalYes↗
Private right of actionYes↗
Statutory damages$1,000 / violation↗
Covers text messagesYes↗
Cure periodNot yet verified
The federal layerApplies in every state
Delayed
Revocation must apply across all unrelated matters
An opt-out on one subject applies to all unrelated marketing
2027-01-31↗
In effect
Revocation by any reasonable method; no exclusive means
Honor within 10 business days, by any reasonable method
2025-04-11↗
Vacated
One-to-one consent for lead generators
Struck down by the Eleventh Circuit
2025-01-24↗
What’s different here

Washington regulates telephone solicitation in two sections of its utilities code. RCW 80.36.390 covers live and recorded sales and donation calls: callers must identify themselves and the purpose within 30 seconds, call only between 8 a.m. and 8 p.m., honor stop requests for at least a year, and may not call numbers on the federal Do Not Call registry. RCW 80.36.400 bans using an automatic dialing and announcing device for unsolicited commercial solicitation, including messages that go straight to voicemail, and since 2023 reaches anyone who knowingly assists.

A person who is injured, or aggrieved by repeated violations, can sue in superior court for at least $1,000 per violation, and the Attorney General can enforce fines of up to $1,000 each. Commercial texts fall under a separate law, RCW 19.190, which requires clear advance consent; for suits filed on or after June 11, 2026, recipient damages are $100 or actual damages.

Source: RCW 80.36.390; RCW 80.36.400; RCW 19.190.060 ↗

Compliance checklistFederal baseline
01Consent language names the calling party, not “our partners”
02Checkbox unchecked by default and unbundled from terms
03Opt-outs accepted by any reasonable method, not STOP only
04Suppression propagates across voice, SMS, and email
More on Washington8 sections
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