Notes

Manual cold calling to non-DNC numbers is permitted with proper identification and calling hour compliance. ADAD calls (prerecorded message) require prior consent. All calls must identify caller, company, and purpose at the start. Must disconnect immediately on request. Calling hours: 8 AM to 9 PM local time. TWO-PARTY CONSENT for recording: you must disclose and get consent before recording any call (RCW 9.73.030).

ATDS Definition

Washington uses the ADAD (Automatic Dialing and Announcing Device) definition under RCW 80.36.400: equipment that can store or produce telephone numbers and dial them, and deliver a prerecorded or synthesized voice message. This closely mirrors the pre-Duguid federal ATDS definition. Washington has not legislatively responded to Duguid, so the ADAD definition applies to prerecorded/synthesized message delivery equipment specifically.

Exemptions

EBR exemption and B2B exemption exist. Calls by licensed securities broker-dealers, calls soliciting newspaper subscriptions, and calls by nonprofit organizations have specific exemptions.

Statute

RCW 80.36.390; RCW 80.36.400

Notes

CEMA is the primary risk for SMS in Washington. Each unsolicited commercial text = $500 minimum statutory damages ($1,000 willful). Prior consent or an existing business relationship is required. Combined with federal TCPA and FCC one-to-one consent rule (Jan 2025), purchased lead lists are high-risk for WA text campaigns. Build first-party opt-in lists.

ATDS Definition

Text messages are regulated under CEMA (RCW 19.190) as commercial electronic messages. Any unsolicited commercial text message to a WA resident triggers CEMA. The ATDS/ADAD definition under RCW 80.36.400 may also apply to automated text messaging systems, though CEMA provides the primary enforcement mechanism for SMS.

Exemptions

CEMA exemptions include messages sent to recipients with whom the sender has a prior business relationship, and messages where the recipient has provided express consent.

Statute

RCW 19.190; RCW 80.36.400

Notes

AI voice agents in Washington face a triple compliance burden: (1) ADAD restrictions require consent for automated/synthesized voice delivery; (2) CPA deceptive practices rules require disclosure that the call is AI-generated; (3) Two-party consent law (RCW 9.73.030) requires consent before recording any portion of the interaction. If the AI records the conversation for training or quality purposes, that is a criminal violation without consent. Every AI voice call to a WA number needs: consent for the automated call, AI disclosure, and recording consent.

ATDS Definition

AI voice calls that deliver synthesized speech fall under the ADAD definition in RCW 80.36.400 — equipment that dials and delivers a synthesized voice message. Additionally, the Washington CPA (RCW 19.86) deceptive practices prohibition applies if an AI voice agent fails to identify itself as automated/AI.

Statute

RCW 80.36.400; RCW 19.86; RCW 9.73.030

Notes

Prerecorded calls are the original target of Washington ADAD law. Prior consent required. Must disconnect within 10 seconds of hang-up. Emergency and government calls exempt. EBR provides limited exemption for existing customers. Checkbox consent buried in terms is not sufficient for prerecorded — clear and conspicuous opt-in required.

ATDS Definition

Prerecorded message delivery is the core target of RCW 80.36.400. Any ADAD that delivers a prerecorded voice message to a WA number requires prior consent. The system must disconnect within 10 seconds of the called party hanging up.

Exemptions

Exemptions for emergency calls, calls by or on behalf of government agencies, and calls to persons with whom the caller has an EBR.

Statute

RCW 80.36.400

Notes

RVM status in Washington is legally uncertain but trending toward regulation. If classified as a prerecorded call, ADAD restrictions apply. If classified as an electronic message, CEMA applies ($500/message). Either way, prior consent is the safe operating assumption. The Washington AG has not issued specific RVM guidance, but the aggressive enforcement posture suggests treating RVM as requiring consent.

ATDS Definition

RVM is not specifically addressed in Washington statute. However, RVM delivers a prerecorded message to the recipient's voicemail — courts and the FCC have increasingly treated this as a "call" under TCPA. Washington ADAD law (RCW 80.36.400) and CEMA (RCW 19.190) could both apply depending on classification.

Statute

RCW 80.36.400; RCW 19.190

Notes

MMS treated identically to SMS under CEMA. Each unsolicited commercial MMS = $500 minimum statutory damages. No distinction between text-only and multimedia messages for consent purposes. Get consent before sending.

ATDS Definition

MMS (multimedia messages) are commercial electronic messages under CEMA (RCW 19.190), same as SMS. Automated MMS delivery to WA residents without prior consent violates CEMA.

Exemptions

Same CEMA exemptions as SMS — prior business relationship and express consent.

Statute

RCW 19.190

Notes

Federal TCPA/JFPA primarily governs fax in Washington. State CPA provides additional enforcement path. EBR exemption available under JFPA with required opt-out notice on each fax.

ATDS Definition

Fax solicitations governed primarily by federal TCPA and Junk Fax Prevention Act (JFPA). Washington CPA (RCW 19.86) provides additional enforcement mechanism for unsolicited commercial fax.

Exemptions

EBR exemption under JFPA applies. Fax must include opt-out mechanism.

Statute

RCW 19.86; 47 U.S.C. § 227(b)(1)(C)