(6) If, after prior court approval, a civil investigative demand specifically prohibits disclosure of the existence or content of the demand, unless otherwise ordered by a superior court for good cause shown, it shall be a misdemeanor for any person if not a bank, trust company, mutual savings bank, credit union, or savings and loan association organized under the laws of the United States or of any one of the United States to disclose to any other person the existence or content of the demand, except for disclosure to counsel for the recipient of the demand or unless otherwise required by law. Private plaintiffs must prove that the unfair or deceptive practice caused them to suffer economic injury. HTML PDF. To this end this act shall be liberally construed that its beneficial purposes may be served. (1) It is an unfair or deceptive act or practice under the consumer protection act, chapter 19.86 RCW, for any (1) "Person" shall include, where applicable, natural persons, corporations, trusts, unincorporated associations and partnerships. WebEnforcing consumer protection and antitrust laws, recovering refunds for consumers and imposing penalties and injunctions on offending businesses. The legislature finds that the practices covered by this chapter are matters vitally Personal service of process outside state. Keep copies of any letters you send. In any proceeding in which there is a request for injunctive relief under RCW. Materials from a federal agency or other state's attorney general. Advertisement of children for adoption: RCW, Charitable solicitations, regulation: RCW, Commercial telephone solicitation: Chapter. In any proceeding in which there is a request for injunctive relief under RCW. On average, two out of three complaints filed with our office are satisfactorily resolved. Enacted in 1961, the CPA was modeled after Section 5 of the Identify the appropriate consumer agency or organization to file a complaint. Get breaking news delivered to your inbox as it happens. He is an active lawyer member of the American Bar Association and is licensed to practice law in several jurisdictions, but he does not claim to be a member of the Washington State Bar Association yet, the statement, from Loves attorney Jack Lovejoy of the firm Corr Cronin LLP in Seattle, reads. (a) Contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum, a request for answers to written interrogatories, or a request for deposition upon oral examination issued by a court of this state; or. The CPA allows consumers to file lawsuits against businesses that engage in unfair or deceptive practices. The consumer may have to prove that the business had knowledge of the illegal conduct. (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. (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. Monopolies and attempted monopolies declared unlawful. 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. (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. In addition to any other remedy provided by this chapter, the superior court may order any corporation to divest itself of the stock or assets held contrary to this section, in the manner and within the time fixed by said order. Dissolution, forfeiture of corporate franchise for violations. They are intended to safeguard citizens in commercial transactions, and protect them from financial harm. Final judgment to restrain is prima facie evidence in civil action. WebIts purposes are to strengthen public and private enforcement of the unfair business practices-consumer protection act, chapter 19.86 RCW, and to repeal the unfair Dissolution, forfeiture of corporate franchise for violations. CONSUMER PROTECTION ACT - MEDICAL SERVICES OF PHYSICIANS AND SURGEONS UNDER 7 AND 5- CONTRACT FOR PREPAID MEDICAL CARE LIMITING PURCHASER TO SERVICES OF MEMBERS OF CERTAIN MEDICAL SOCIETY AS AGO OPINION TOPIC: CONSUMER PROTECTION ACT. It is, however, the intent of the legislature that this act shall not be construed to prohibit acts or practices which are reasonable in relation to the development and preservation of business or which are not injurious to the public interest, nor be construed to authorize those acts or practices which unreasonably restrain trade or are unreasonable per se. Transactions and agreements not to use or deal in commodities or services of competitor declared unlawful when lessens competition. Under the act, a consumer can recover their actual damages, plus three times their damages up to 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. The state Supreme Court then agreed to hear the case, hearing arguments in October. Fill out our presentation request form to request a presentation. Thus, in the context of the claims presented here, TVIs commercial speech and charitable solicitations are inextricably intertwined, and we must treat all of the speech in this case as fully protected expression.. It shall be unlawful for any corporation to acquire, directly or indirectly, the whole or any part of the stock or assets of another corporation where the effect of such acquisition may be to substantially lessen competition or tend to create a monopoly in any line of commerce. The Legislature has also enacted over 100 commercial statutes covering dozens of specific areas of the marketplace. Additionally, the consumer may need to show that the business's actions were a significant factor in causing their injury. Consumer protection lawyers handle a wide range of areas, including consumer fraud, product liability, false advertising, and other business "scams". Final judgment to restrain is prima facie evidence in civil action. Any person who is injured in his or her business or property by a violation of RCW, Whenever the state of Washington is injured, directly or indirectly, by reason of a violation of RCW, In a private action in which an unfair or deceptive act or practice is alleged under RCW. Administering Washington's Lemon Law for new motor vehicle warranty enforcement, including arbitration, education, and manufacturer and dealer enforcement. Personal service of process outside state. If such transaction constitutes a violation of the substantive provisions of the consumer protection act, and Article XII, 22, of the constitution, then the remedies provided in said act are applicable. Monopolies and attempted monopolies declared unlawful. 31.04.102. Monopolies and trusts prohibited: State Constitution Art. Transactions and agreements not to use or deal in commodities or services of competitor declared unlawful when lessens competition. This act shall be known and designated as the "Consumer Protection Act.". The Consumer Protection Act declares that unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful. In 1961, the Washington legislature passed the Consumer Protection Act to protect consumers and businesses allowing them to bring cases against businesses that engage in unfair or deceptive practices. 18 3.2 The Defendants have engaged in the conduct set forth in this complaint in King 19 County and elsewhere in the state of Washington. Intuit Inc., In the Matter of (TurboTax) The Federal Trade Commission is taking action against Intuit Inc., the maker of the popular TurboTax tax filing software, by issuing an administrative complaint against the company for deceiving consumers with bogus advertisements pitching free tax filing that millions of consumers could not use. The state attorney general's office also has the authority to take legal action against businesses that violate the CPA, and they can file lawsuits on behalf of consumers to recover damages and penalties. Mailing materials that interfere with census. 4 BE IT Unfair competition, practices, declared unlawful. (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. Final judgment to restrain is prima facie evidence in civil action. The State had brought multiple claims alleging that TVI Inc. was using deceptive advertising and marketing in violation of the Consumer Protection Act and the Charitable Solicitations Act. Dissemination or use of nonconviction data for purposes other than that authorized in this section is prohibited. Love also expressed surprise at the complaint, saying he hadnt seen it until a call from The Spokesman-Review asking about the lawsuit. 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. Consumer Protection Washington is dedicated to educating and alerting the public on consumer issues, scams and investigations affecting residents in Washington 1 Mt. Monopolies and attempted monopolies declared unlawful. 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. 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. WebThe Consumer Protection Act declares that unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful. 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. WebYou've come to the right place. Nothing contained in this chapter shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof. Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. Materials from a federal agency or other state's attorney general. (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. ) 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. WebContracts, combinations, conspiracies in restraint of trade declared unlawful. The consumers of this state have a right to be protected from unfair or deceptive acts or practices when they enter into contracts Nor shall anything contained in this section prevent a corporation from causing the formation of subsidiary corporations for the actual carrying on of their immediate lawful business, or the natural and legitimate branches or extensions thereof, or from owning and holding all or a part of the stock of such subsidiary corporations, when the effect of such formation is not to substantially lessen competition. Consider laws Monopolies and attempted monopolies declared unlawful. In the course of the deposition, the assistant attorney general conducting the examination may exclude from the place where the examination is held all persons other than the person being examined, the person's counsel, and the officer before whom the testimony is to be taken; (d) Any person compelled to appear pursuant to a demand for oral testimony under this section may be accompanied by counsel; (e) The oral testimony of any person obtained pursuant to a demand served under this section shall be taken in the county within which the person resides, is found, or transacts business, or in such other place as may be agreed upon between the person served and the attorney general. (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. 6. (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. Its broad reach and purpose are to promote a fair, competitive and nondeceptive marketplace for the benefit of buyers and sellers alike here in Washington. Contracts, combinations, conspiracies in restraint of trade declared unlawful. Sec. 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. Hours: 8:00 AM to 5:00 PM (Pacific Time) Monday through Friday. Consumer Protection Washington provides people with resources and contact information so they can stay protected. 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. 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. 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. Monopolies and trusts prohibited: State Constitution Art. Consumer laws in Washington set out to protect residents from scams and enforce their rights against both the government and large corporations. (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. Use FindLaw to hire a local The King County Superior Court ruled against TVI Inc. on three Consumer Protection Act claims in 2019, but that ruling was overturned in 2021 by the Court of Appeals. (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. Members of Consumer Protection Washington give presentations to community organizations and at community events. (c) Mailing by registered or certified mail a duly executed copy thereof addressed to the person to be served at the principal place of business in this state, or, if said person has no place of business in this state, to his or her principal office or place of business.