Washington compliance for lead generation consultants

Research steps and summary: 1) Tools used and queries - Ran a broad web search for Washington-specific lead-generation and telemarketing compliance using search_and_extract_tool. Search terms included: "Washington lead generation compliance", "Washington telemarketing law", "Washington Do Not Call", "TCPA Washington", "Washington Consumer Protection Act lead generation", "Washington data breach law", "Washington business registration LLC lead generation". - Scraped and extracted authoritative pages (using extract_engine_tool) including the Washington State Office of the Attorney General consumer-protection pages, Washington Secretary of State Corporations division, the Federal Communications Commission (TCPA/robocall guidance), the Federal Trade Commission (Telemarketing Sales Rule guidance), and Washington’s breach-notification statute (RCW 19.255). 2) Key primary sources collected (URLs) - Washington Attorney General — consumer protection / robocall & telemarketing pages: https://www.atg.wa.gov/consumer-protection - Washington Secretary of State — Corporations/LLC registration: https://www.sos.wa.gov/corps/ - FCC — robocalls/TCPA guidance: https://www.fcc.gov/consumers/guides/robocalls-and-uncalled-for-telemarketing - FTC — Telemarketing Sales Rule/business guidance: https://www.ftc.gov/tips-advice/business-center/privacy-and-security/telemarketing-sales-rule - Washington breach-notification statute (RCW 19.255): https://app.leg.wa.gov/rcw/default.aspx?cite=19.255 - Background/interpretive materials (examples found in searches): Nolo explanation of Washington telemarketing law and Manatt LLP analysis of Washington’s mini‑TCPA changes. 3) Summarized findings (state-specific regulatory requirements and practical compliance steps) - Washington has state-level telemarketing restrictions (a "mini‑TCPA") that supplement federal law.

Core obligations identified from state materials and practice guides include: identify yourself and purpose within the first 30 seconds of a solicitation call; stop the call within 10 seconds if the consumer says they want to end the call; if the consumer states or indicates they do not want to be called again, you may not call that consumer for at least one year and you must remove their information from call lists for at least one year; you generally may not call before 8:00 a.m. or after 8:00 p.m. local time.

These rules apply to unsolicited telephone solicitations. (See RCW citations referenced below and WA AG guidance.) - Do-Not-Call: Washington’s telemarketing law incorporates the federal National Do Not Call Registry and also imposes state prohibitions.

Lead generation consultants must scrub calling lists against the National DNC list and any applicable state lists and must honor opt-outs provided during calls (including the one-year prohibition after an indication). - Selling/sharing leads after opt-out: Under Washington practice and interpretations, if a consumer indicates they do not want to be called, the calling party must not give or sell that consumer’s contact information to third parties (subject to statutory text and case law).

Contracts with lead sellers/brokers must include representations/warranties and indemnities about consent status and DNC scrub status. - Federal TCPA and FTC obligations still apply: Automated dialing, prerecorded/artificial-voice calls, and most text messages to wireless numbers require prior express consent under the TCPA; the FTC’s Telemarketing Sales Rule imposes disclosure, recordkeeping, and abandoned-call/throttling obligations.

Recent FCC/agency developments have tightened consent doctrines (e.g., limitations on re‑using a single consent across multiple marketing partners). Maintain records of express written consent (time-stamped recording or contract). - Consumer Protection Act & robocalls: Washington has expanded consumer-protection enforcement related to robocalls and commercial solicitations using automatic dialing/announcing devices (state-level robocall protections and AG enforcement).

The AG may investigate and bring enforcement actions; private suits can be available for repeated violations under the state's telemarketing statutes. - Data privacy and breach notification: Washington’s data-breach notification statute requires timely notice to affected residents following a breach (statute provides timelines and content requirements).

Lead generation consultants collect and store personal data; they must implement reasonable data security controls and have an incident response plan that meets state notification deadlines. - Business formation and registration: Lead generation consultants operating in Washington (or targeting Washington residents) should be properly formed/registered (LLC or other) with the Washington Secretary of State, register for state taxes as needed, and comply with any local business licensing requirements.

While there is no universal statewide "lead generation license," local jurisdictions may have requirements; always check city/county rules. 4) Practical compliance checklist for Washington-focused lead generation consultants - Business setup: register entity with WA SOS; obtain EIN; register for WA state taxes if required. - Contracts: require lead sellers to provide express consent documentation, DNC scrubbing evidence, warranties, indemnities, and data-security provisions. - Consent capture: implement one-to-one express consent capture (written or recorded oral consent) that documents date/time, phone number, consenting party, and consenting language; avoid relying on a single blanket consent for multiple downstream buyers unless the consent expressly permits it and records exist. - DNC scrubbing: scrub lists against the National DNC and applicable state lists; implement real-time suppression for opt-outs; log opt-out events and enforce a one-year suppression where consumers indicate they do not want further calls. - Calling rules: enforce calling windows (8:00 a.m.–8:00 p.m. local), immediate cessation if consumer asks to end, required identification/disclosure within first 30 seconds, and recordkeeping of call scripts. - Robocalls/texts: follow TCPA rules for ATDS/prerecorded calls and texts — obtain prior express written consent for marketing texts/calls to wireless numbers and maintain records.

Implement vetting for third-party dialers to ensure they comply. - Privacy & security: implement reasonable safeguards for consumer data, limit retention, and maintain an incident response plan to meet WA breach-notification timelines. - Training & monitoring: train staff and third-party vendors on Washington-specific requirements; maintain monitoring and audits of campaigns for compliance. - Legal oversight: maintain counsel relationships for periodic compliance reviews and to update policies in response to evolving state and federal law. 5) Recommended next research steps (if you want deeper, tailored guidance) - Pull the exact statutory text(s) most relevant to telephonic solicitation (e.g., Wash.

Rev. Code § 80.36.390 and any implementing regulations), and any recent amendments or effective dates (to confirm the current enforcement regime). - Obtain the WA AG guidance pages specific to robocalls/telemarketing and any recent AG enforcement actions or press releases for examples of enforcement patterns and penalties. - If you plan a specific tactic (e.g., peer-to-peer texting, ringless voicemails, imported lead lists), research case law or FCC rulings that apply to that tactic.

Research steps and summary: 1) Tools used and queries

19.255). 2) Key primary sources collected (URLs)

19.255): https://app.leg.wa.gov/rcw/default.aspx?cite=19.255

3) Summarized findings (state-specific regulatory requirements and practical compliance steps) - Washington has state-level telemarketing restrictions (a "mini‑TCPA") that supplement federal law. Core obligations identified from state materials and practice guides include: identify yourself and purpose within the first 30 seconds of a solicitation call; stop the call within 10 seconds if the consumer says they want to end the call; if the consumer states or indicates they do not want to be called again, you may not call that consumer for at least one year and you must remove their information from call lists for at least one year; you generally may not call before 8:00 a.m. or after 8:00 p.m. local time.

These rules apply to unsolicited telephone solicitations. (See RCW citations referenced below and WA AG guidance.)

- Consumer Protection Act & robocalls: Washington has expanded consumer-protection enforcement related to robocalls and commercial solicitations using automatic dialing/announcing devices (state-level robocall protections and AG enforcement).

The AG may investigate and bring enforcement actions; private suits can be available for repeated violations under the state's telemarketing statutes.

4) Practical compliance checklist for Washington-focused lead generation consultants

- Calling rules: enforce calling windows (8:00 a.m.–8:00 p.m. local), immediate cessation if consumer asks to end, required identification/disclosure within first 30 seconds, and recordkeeping of call scripts.

5) Recommended next research steps (if you want deeper, tailored guidance)

80.36.390 and any implementing regulations), and any recent amendments or effective dates (to confirm the current enforcement regime).

• Ran a broad web search for Washington-specific lead-generation and telemarketing compliance using search_and_extract_tool. Search terms included: "Washington lead generation compliance", "Washington telemarketing law", "Washington Do Not Call", "TCPA Washington", "Washington Consumer Protection Act lead generation", "Washington data breach law", "Washington business registration LLC lead generation".
• Scraped and extracted authoritative pages (using extract_engine_tool) including the Washington State Office of the Attorney General consumer-protection pages, Washington Secretary of State Corporations division, the Federal Communications Commission (TCPA/robocall guidance), the Federal Trade Commission (Telemarketing Sales Rule guidance), and Washington’s breach-notification statute (RCW
• Washington Attorney General — consumer protection / robocall & telemarketing pages: https://www.atg.wa.gov/consumer-protection
• Washington Secretary of State — Corporations/LLC registration: https://www.sos.wa.gov/corps/
• FCC — robocalls/TCPA guidance: https://www.fcc.gov/consumers/guides/robocalls-and-uncalled-for-telemarketing
• FTC — Telemarketing Sales Rule/business guidance: https://www.ftc.gov/tips-advice/business-center/privacy-and-security/telemarketing-sales-rule
• Washington breach-notification statute (RCW
• Background/interpretive materials (examples found in searches): Nolo explanation of Washington telemarketing law and Manatt LLP analysis of Washington’s mini‑TCPA changes.
• Do-Not-Call: Washington’s telemarketing law incorporates the federal National Do Not Call Registry and also imposes state prohibitions. Lead generation consultants must scrub calling lists against the National DNC list and any applicable state lists and must honor opt-outs provided during calls (including the one-year prohibition after an indication).
• Selling/sharing leads after opt-out: Under Washington practice and interpretations, if a consumer indicates they do not want to be called, the calling party must not give or sell that consumer’s contact information to third parties (subject to statutory text and case law). Contracts with lead sellers/brokers must include representations/warranties and indemnities about consent status and DNC scrub status.
• Federal TCPA and FTC obligations still apply: Automated dialing, prerecorded/artificial-voice calls, and most text messages to wireless numbers require prior express consent under the TCPA; the FTC’s Telemarketing Sales Rule imposes disclosure, recordkeeping, and abandoned-call/throttling obligations. Recent FCC/agency developments have tightened consent doctrines (e.g., limitations on re‑using a single consent across multiple marketing partners). Maintain records of express written consent (time-stamped recording or contract).
• Data privacy and breach notification: Washington’s data-breach notification statute requires timely notice to affected residents following a breach (statute provides timelines and content requirements). Lead generation consultants collect and store personal data; they must implement reasonable data security controls and have an incident response plan that meets state notification deadlines.
• Business formation and registration: Lead generation consultants operating in Washington (or targeting Washington residents) should be properly formed/registered (LLC or other) with the Washington Secretary of State, register for state taxes as needed, and comply with any local business licensing requirements. While there is no universal statewide "lead generation license," local jurisdictions may have requirements; always check city/county rules.
• Business setup: register entity with WA SOS; obtain EIN; register for WA state taxes if required.
• Contracts: require lead sellers to provide express consent documentation, DNC scrubbing evidence, warranties, indemnities, and data-security provisions.
• Consent capture: implement one-to-one express consent capture (written or recorded oral consent) that documents date/time, phone number, consenting party, and consenting language; avoid relying on a single blanket consent for multiple downstream buyers unless the consent expressly permits it and records exist.
• DNC scrubbing: scrub lists against the National DNC and applicable state lists; implement real-time suppression for opt-outs; log opt-out events and enforce a one-year suppression where consumers indicate they do not want further calls.
• Robocalls/texts: follow TCPA rules for ATDS/prerecorded calls and texts — obtain prior express written consent for marketing texts/calls to wireless numbers and maintain records. Implement vetting for third-party dialers to ensure they comply.
• Privacy & security: implement reasonable safeguards for consumer data, limit retention, and maintain an incident response plan to meet WA breach-notification timelines.
• Training & monitoring: train staff and third-party vendors on Washington-specific requirements; maintain monitoring and audits of campaigns for compliance.
• Legal oversight: maintain counsel relationships for periodic compliance reviews and to update policies in response to evolving state and federal law.
• Pull the exact statutory text(s) most relevant to telephonic solicitation (e.g., Wash. Rev. Code §
• Obtain the WA AG guidance pages specific to robocalls/telemarketing and any recent AG enforcement actions or press releases for examples of enforcement patterns and penalties.
• If you plan a specific tactic (e.g., peer-to-peer texting, ringless voicemails, imported lead lists), research case law or FCC rulings that apply to that tactic.

Sources and verbatim excerpts used to compile findings (Each entry below is a citation used in the research and one or more verbatim excerpts that support the findings.)