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Washington

Telecom Compliance Reference — Updated January 2023

Mini-TCPA State — High Risk

Calling Hours

8:00 AM–9:00 PM

Min Penalty

$1,000

Registration

Required

Overview Calling Hours Consent Registration DNC Enforcement Case Law Legislation

REI Wholesaling Telemarketing Compliance in Washington

Real estate investor cold calling and SMS compliance in Washington

Guide last reviewed: January 2025

⚠

Mini-TCPA State — RCW 80.36 (Automatic Dialing & Announcing Devices); RCW 19.190 (CEMA)

Washington imposes stricter consent and calling requirements than federal TCPA.REI Wholesaling companies operating here face $1,000 per-violation penalties.

Washington REI Wholesaling Overview

Washington is a high-risk state for REI wholesalers — and the risk comes from multiple directions simultaneously. CEMA makes every unsolicited text a $500+ exposure event. The two-party consent law means recording calls without permission is criminal. The CPA provides treble damages and attorney fees for any telemarketing violation. The practical path: (1) Manual cold calling with proper identification — still legal to non-DNC numbers, just do not record without consent; (2) Direct mail campaigns driving inbound calls; (3) First-party opt-in lists for text follow-up with explicit written consent; (4) Skip automated text/voice campaigns entirely unless you have ironclad consent. The $55 registration is cheap — register. The two-party consent law is the hidden trap most out-of-state operators miss.

Penalty/Violation

$1,000

Willful

$2,000

Calling Hours

8:00 AM–9:00 PM

Private Suit

Allowed

Compliance Checklist

✓Register with Washington Department of Agriculture as a commercial telephone solicitor ($55 + $10,000 bond),Verify two-party consent compliance: disclose and get consent before recording ANY call with a WA number (RCW 9.73.030 — criminal statute),Obtain prior consent before sending any automated text campaigns to WA numbers — CEMA provides $500/message statutory damages,Scrub against federal National DNC Registry before every campaign (WA does not maintain a separate state DNC list),Identify yourself, your company, and the purpose of the call at the start of every call,Terminate the call immediately when requested,Calling hours: 8:00 AM to 9:00 PM local time (Pacific),Manual cold calling to non-DNC numbers is permitted with proper identification,Do NOT use auto-dialers with prerecorded messages without prior consent (RCW 80.36.400),One-to-one consent required under FCC January 2025 rule — purchased lead lists with shared consent are unusable for automated outreach,Maintain consent records and call logs for compliance documentation,If using AI voice agents: disclose AI nature, get consent for automated delivery, get consent for recording

What Gets Companies Sued

✗Top violations for REI wholesalers in Washington: (1) Sending automated text blasts to property owners without consent — CEMA makes each text a $500 violation; (2) Recording cold calls without two-party consent — this is a CRIME in WA, not just a fine; (3) Failing to register with the Department of Agriculture before making solicitation calls; (4) Using prerecorded messages or auto-dialers without prior consent; (5) Failing to identify themselves and their company at the start of calls.

Special Exemptions

EBR exemption provides limited coverage for past sellers you have transacted with — manual calls to discuss similar transactions are lower risk. B2B calls to property management companies and investment entities in their commercial capacity have less regulatory burden. Cold calling individual homeowners is consumer-regulated.

Key State Rules

Mini-TCPAYes

RegistrationRequired

Class ActionsAllowed

Consent Requirements→Registration Details→DNC List→

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This is a compliance reference tool, not legal advice. Data compiled from public statutes, LegiScan, CourtListener, state AG offices, and AI-assisted analysis. Verify all information with qualified counsel before relying on it. Full terms & data sources →