(1) A person is guilty of the unauthorized sale or procurement of telephone records if the person:

     (a) Intentionally sells the telephone record of any resident of this state without the authorization of the customer to whom the record pertains;

     (b) By fraudulent, deceptive, or false means obtains the telephone record of any resident of this state to whom the record pertains;

     (c) Knowingly purchases the telephone record of any resident of this state without the authorization of the customer to whom the record pertains; or

     (d) Knowingly receives the telephone record of any resident of this state without the authorization of the customer to whom the record pertains.

     (2) This section does not apply to:

     (a) Any action by a government agency, or any officer, employee, or agent of such agency, to obtain telephone records in connection with the performance of the official duties of the agency;

     (b) A telecommunications company that obtains, uses, discloses, or permits access to any telephone record, either directly or indirectly through its agents, that is:

     (i) With the lawful consent of the customer or subscriber;

     (ii) Authorized by law;

     (iii) Necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; or

     (iv) In connection with the sale or transfer of all or part of its business, or the purchase or acquisition of a portion or all of a business, or the migration of a customer from one carrier to another.

     (3) A violation of subsection (1)(a), (b), or (c) of this section is a class C felony. A violation of subsection (1)(d) of this section is a gross misdemeanor.

     (4) A person who violates this section is subject to legal action for injunctive relief and either actual damages, including mental pain and suffering, or liquidated damages of five thousand dollars per violation, whichever is greater. Reasonable attorneys' fees and other costs of litigation are also recoverable.

     (5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

     (a) "Telecommunications company" has the meaning provided in RCW 9.26A.100 and includes "radio communications service companies" as defined in RCW 80.04.010.

     (b) "Telephone record" means information retained by a telecommunications company that relates to the telephone number dialed by the customer or the incoming number or call directed to a customer, or other data related to such calls typically contained on a customer telephone bill such as the time the call started and ended, the duration of the call, the time of day the call was made, and any charges applied. "Telephone record" does not include any information collected and retained by customers using caller identification or other similar technologies.

     (c) "Procure" means to obtain by any means, whether electronically, in writing, or in oral form, with or without consideration.

[2006 c 193 § 1.]