washington state consumer protection act
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 NEW SECTION. (a) State the statute and section or sections thereof, the alleged violation of which is under investigation, and the general subject matter of the investigation; (b) If the demand is for the production of documentary material, describe the class or classes of documentary material to be produced thereunder with reasonable specificity so as fairly to indicate the material demanded; (c) Prescribe a return date within which the documentary material is to be produced, the answers to written interrogatories are to be made, or a date, time, and place at which oral testimony is to be taken; and. A voicemail greeting on his cellphone identified Love as an attorney. The Attorney Generals Office notes that Love is not admitted to the bar in the state of Washington, a fact Love does not dispute. (8) At any time before the return date specified in the demand, or within twenty days after the demand has been served, whichever period is shorter, a petition to extend the return date for, or to modify or set aside a demand issued pursuant to subsection (1) of this section, stating good cause, may be filed in the superior court for Thurston county, or in such other county where the parties reside. Under the act, a consumer can recover their actual damages, plus three times their damages up to (d) Identify the members of the attorney general's staff to whom such documentary material is to be made available for inspection and copying, to whom answers to written interrogatories are to be made, or who are to conduct the examination for oral testimony. (c) The attorney general or any assistant attorney general may use such copies of documentary material, answers to written interrogatories, or transcripts of oral testimony as he or she determines necessary in the enforcement of this chapter, including presentation before any court: PROVIDED, That any such material, answers to written interrogatories, or transcripts of oral testimony which contain trade secrets shall not be presented except with the approval of the court in which action is pending after adequate notice to the person furnishing such material, answers to written interrogatories, or oral testimony. The Attorney Generals Office also alleges that Loves advertisements about his credentials misstate his professional affiliations and where he studied the law. (1) Violates a statute that incorporates this chapter; (2) Violates a statute that contains a specific legislative declaration of public interest impact; or. (3)(a) Injured other persons; (b) had the capacity to injure other persons; or (c) has the capacity to injure other persons. (1) Strong consumer protection and antitrust penalties are critical to protecting consumers and ensuring a fair marketplace; (2) Strong penalties ensure accountability, deter violations, and ensure a level playing field for businesses; (3) Washington currently does not provide strong penalties for violations of the state's consumer protection act, which prohibits unfair or deceptive acts or practices and unfair methods of competition; (4) Washington's penalty for unfair or deceptive acts or practices has not kept pace with inflation, and has not increased since 1970; (5) Washington's penalty for unfair methods of competition has also not kept pace with inflation, and has not increased since 1983; (6) Consequently, Washington has one of the lowest consumer protection penalties in the United States; (7) Twenty-four state legislatures representing more than 200 million Americans have passed enhanced penalties for violations that target or impact certain vulnerable populations, but Washington does not have an enhanced penalty; (8) Many Washingtonians are hurting financially due to the impacts of the global pandemic; (9) Washington's weak penalties place Washington consumers at greater risk; and, (10) Washingtonians deserve strong consumer protections to ensure entities that illegally, unfairly, and deceptively go after their hard-earned dollars are held accountable." Web1 AN ACT Relating to the consumer protection improvement act; 2 amending RCW 19.86.140 and 4.16.160; creating new sections; and 3 prescribing penalties. This section shall not apply to corporations purchasing such stock solely for investment and not using the same by voting or otherwise to bring about, or in attempting to bring about, the substantial lessening of competition. Acquisition of corporate stock by another corporation to lessen competition declared unlawful, Attorney general may restrain prohibited acts, Assurance of discontinuance of prohibited act, Demand to produce documentary materials for inspection, answer written interrogatories, or give oral testimony. Fergusons letter warns that any gym failing to comply is violating the Washington State Consumer Protection Act, and will face legal action from his office, according to a news release Monday from the state Office of Attorney General. Such assurance of discontinuance shall not be considered an admission of a violation for any purpose; however, proof of failure to comply with the assurance of discontinuance shall be prima facie evidence of a violation of this chapter. By December 1, 2022, and every five years thereafter, the office of the attorney general shall evaluate the efficacy of the maximum civil penalty amounts established in this section in deterring violations of the consumer protection act and the difference, if any, between the current penalty amounts and the penalty amounts adjusted for inflation, and provide the legislature with a report of its findings and any recommendations in compliance with RCW. The Attorney General and private consumers can bring actions to enforce per se violations of the Consumer Protection Act. (5)(a) Documentary material demanded pursuant to the provisions of this section shall be produced for inspection and copying during normal business hours at the principal office or place of business of the person served, or at such other times and places as may be agreed upon by the person served and the attorney general; (b) Written interrogatories in a demand served under this section shall be answered in the same manner as provided in the civil rules for superior court; (c) The oral testimony of any person obtained pursuant to a demand served under this section shall be taken in the same manner as provided in the civil rules for superior court for the taking of depositions. 31.04.093. The law gives the state Attorney General's office the authority to take legal action against businesses that engage in such practices. OFFICE HOURS: 8:00 AM - 5:00 PM Monday - Friday Closed Weekends & State Holidays, Washington's Attorneys General - Past and Present, Submitting Your Motor Home Request for Arbitration, Homicide Investigation Tracking System (HITS), Combating Dark Money/Campaign Finance Unit, Student Loans/Debt Adjustment and Collection, Professional Coordination & Communication Work Group, File a Manufactured Housing Dispute Resolution Request Online, Benefits & Protections for Veterans & Military Personnel, Keep Washington Working Act FAQ for Law Enforcement. In a lengthier statement issued through his attorney, Love defended his academic background, professional affiliations and denied misrepresenting his credentials. (b) Require the disclosure of any documentary material which would be privileged, or which for any other reason would not be required by a subpoena duces tecum issued by a court of this state. Web1500 Jefferson St. There is established a unit within the office of the attorney general for the purpose of detection, investigation, and prosecution of any act prohibited or declared to be unlawful under this chapter. Such persons shall be deemed to have thereby submitted themselves to the jurisdiction of the courts of this state within the meaning of RCW, Nothing in this chapter shall apply to actions or transactions otherwise permitted, prohibited or regulated under laws administered by the insurance commissioner of this state, the Washington utilities and transportation commission, the federal power commission or actions or transactions permitted by any other regulatory body or officer acting under statutory authority of this state or the United States: PROVIDED, HOWEVER, That actions and transactions prohibited or regulated under the laws administered by the insurance commissioner shall be subject to the provisions of RCW. The FACTA requires the Commission and other agencies to implement many of the new provisions of the FCRA by means of various rules and regulations. (1) Violates a statute that incorporates this chapter; (2) Violates a statute that contains a specific legislative declaration of public interest impact; or. Every contract, combination, in the form of trust or otherwise, or conspiracy in restraint of trade or commerce is hereby declared unlawful. Monopolies and attempted monopolies declared unlawful. The labor of a human being is not a commodity or article of commerce. Sec. Acquisition of corporate stock by another corporation to lessen competition declared unlawful, Attorney general may restrain prohibited acts, Assurance of discontinuance of prohibited act, Demand to produce documentary materials for inspection, answer written interrogatories, or give oral testimony. Disclaimer. (1) The attorney general may bring an action in the name of the state, or as parens patriae on behalf of persons residing in the state, against any person to restrain and prevent the doing of any act herein prohibited or declared to be unlawful; and the prevailing party may, in the discretion of the court, recover the costs of said action including a reasonable attorney's fee. Mailing materials with the intent to deceive a person into believing that the material is an official census communication, interfere with the operation of the census, or discourage a person from participating in the census constitutes an unfair or deceptive practice under this chapter. We remand to the trial court to dismiss the States CPA claims and to rule on attorney fees and costs, the ruling says. Dissolution, forfeiture of corporate franchise for violations. Fergusons guidance applies to all health studios, defined in the Washington State Hearing instrument dispensing, advertising, etc. (2) Another state's attorney general, pursuant to that state's presuit investigative subpoena powers, the documents or materials are subject to the same restrictions as and may be used for all the purposes set forth in RCW, Any action to enforce a claim for damages under RCW, Action to enforce claim for civil damages under chapter, A final judgment or decree rendered in any action brought under RCW. 4 BE IT Contact corporate offices if the local business manager is unresponsive. Consumer Protection Washington provides people with resources and contact information so they can stay protected. However, even with this additional element, the States CPA claims cannot survive exacting First Amendment scrutiny because they are not supported by properly tailored allegations and exacting proof, todays ruling says. Advertisement of children for adoption: RCW, Charitable solicitations, regulation: RCW, Commercial telephone solicitation: Chapter. The CPA ordinarily imposes strict liability, which the parties agree cannot satisfy exacting proof requirements. Hours: 8:00 AM to 5:00 PM (Pacific Time) Monday through Friday. Dissolution, forfeiture of corporate franchise for violations. Spokane blows out 10th-seeded Bellevue in physical game; Gonzaga Prep falls to Olympia, Sausage brings the small community of Uniontown together every year, even as some aspects of its annual feed change, VA Deputy Secretary stepping down after overseeing computer system rollout in Spokane. March 2, 2023, at 5:05 p.m. Ohio AG Approves Language in Abortion Protection Petition. The labor of a human being is not a commodity or article of commerce. Copyright 2023 Web15 3.1 The State files this complaint and institutes these proceedings under the 16 provisions of the Consumer Protection Act ("CPA"), RCW 19.86, and the Charitable 17 Solicitations Act ("CSA"), RCW 19.09. (2) The word "services" in 5 includes medical service performed by a physician or surgeon. 6. (9) Whenever any person fails to comply with any civil investigative demand for documentary material, answers to written interrogatories, or oral testimony duly served upon him or her under this section, or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material, the attorney general may file, in the trial court of general jurisdiction of the county in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of this section, except that if such person transacts business in more than one county such petition shall be filed in the county in which such person maintains his or her principal place of business, or in such other county as may be agreed upon by the parties to such petition. Read the Supreme Courts Opinion below or here. WebConsumer protection. ) His degree is from the Purdue University Global Concord Law School, an online program that is part of the Purdue University system based in Indiana. Final judgment to restrain is prima facie evidence in civil action. (d) Identify the members of the attorney general's staff to whom such documentary material is to be made available for inspection and copying, to whom answers to written interrogatories are to be made, or who are to conduct the examination for oral testimony. Keep copies of any letters you send. This act shall be known and designated as the "Consumer Protection Act.". For the purpose of this section the superior court issuing any injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties. Personal service of process outside state. It runs 330 stores worldwide and 20 Value Village stores in Washington State. It also allows consumers to file lawsuits against businesses that violate the law, and it provides for penalties, including fines and injunctions, for businesses that are found to have violated the act. (1) Section 7 of the consumer protection act does not exempt services performed by a physician or surgeon from the other provisions of the act. (ii) At least once every eight hours after learning that a youth receiving services or shelter under this section is away from home without permission, the shelter or organization staff must consult the information that the Washington state patrol makes publicly available under RCW 43.43.510(2). If the youth is publicly listed as missing, the A petition, by the person on whom the demand is served, stating good cause, to require the attorney general or any person to perform any duty imposed by the provisions of this section, and all other petitions in connection with a demand, may be filed in the superior court for Thurston county, or in the county where the parties reside. Advertisement of children for adoption: RCW, Charitable solicitations, regulation: RCW, Commercial telephone solicitation: Chapter. The legislature hereby declares that the purpose of this act is to complement the body of federal law governing restraints of trade, unfair competition and unfair, deceptive, and fraudulent acts or practices in order to protect the public and foster fair and honest competition. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has his or her principal place of business, or in Thurston county. (4) Service of any such demand may be made by: (a) Delivering a duly executed copy thereof to the person to be served, or, if such person is not a natural person, to any officer or managing agent of the person to be served; or, (b) Delivering a duly executed copy thereof to the principal place of business in this state of the person to be served; or. (b) Require the disclosure of any documentary material which would be privileged, or which for any other reason would not be required by a subpoena duces tecum issued by a court of this state. The attorney general is authorized to receive criminal history record information that includes nonconviction data for any purpose associated with the investigation of any person doing any act herein prohibited or declared to be unlawful under this chapter. The legislature hereby declares that the purpose of this act is to complement the body of federal law governing restraints of trade, unfair competition and unfair, deceptive, and fraudulent acts or practices in order to protect the public and foster fair and honest competition. The Washington State Consumer Protection Act, also known as the Consumer Protection Act (CPA), is a state law that aims to protect consumers from Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. Through news releases, social media and scam tracker consumers can be on top of topical issues and alerts happening in their community.
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