Dissolution, forfeiture of corporate franchise for violations. Dissemination or use of nonconviction data for purposes other than that authorized in this section is prohibited. (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. Therefore, we affirm the Court of Appeals in result. It is the intent of the legislature that, in construing this act, the courts be guided by final decisions of the federal courts and final orders of the federal trade commission interpreting the various federal statutes dealing with the same or similar matters and that in deciding whether conduct restrains or monopolizes trade or commerce or may substantially lessen competition, determination of the relevant market or effective area of competition shall not be limited by the boundaries of the state of Washington. Advertisement of children for adoption: RCW, Charitable solicitations, regulation: RCW, Commercial telephone solicitation: Chapter. The Supreme Court says the States CPA claims infringe on TVIs First Amendment right to engage in charitable solicitation. (2) The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, which may have been acquired by means of any act herein prohibited or declared to be unlawful. In Washington, the mini-FTC act is the Washington Consumer Protection Act . Under this legislation, plaintiffs have a cause of action when anyone in trade or commerce engages in unfair competition or unfair or deceptive acts. To sustain an action, plaintiff must show actual harm due to the defendants conduct. WebBasic Consumer Laws of Washington State. SE, Olympia 98501 360.586.1000 1.855.WaTech1 (1.855.928.3241) Ohio AG Approves Language in Abortion Protection Petition - US It shall be unlawful for any person to monopolize, or attempt to monopolize or combine or conspire with any other person or persons to monopolize any part of trade or commerce. The lawsuit claimed Value Village misled customers and gave them the impression that their purchases benefited nonprofit partners and that every time someone donated clothing or other goods, charities received a donation. Hours: 8:00 AM to 5:00 PM (Pacific Time) Monday through Friday. 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. The CPA ordinarily imposes strict liability, which the parties agree cannot satisfy exacting proof requirements. 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. 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. Heating oil pollution liability protection act: RCW, Immigration services fraud prevention act: RCW, Manufactured and mobile home installation service and warranty service standards: RCW, Motor vehicle subleasing or transfer: Chapter, Offers to alter bids at sales pursuant to deeds of trust: RCW, On-site sewage additive manufacturers: RCW, Pay-per-call information delivery services: Chapter, Promotional advertising of prizes: Chapter, Radio communications service companies not regulated by utilities and transportation commission: RCW, Roofing and siding contractors and salespersons: Chapter, Telephone buyers' protection act: Chapter, Water companies exempt from utilities and transportation commission regulation: RCW, Weatherization of leased or rented residences: RCW. (7) No documentary material, answers to written interrogatories, or transcripts of oral testimony produced pursuant to a demand, or copies thereof, shall, unless otherwise ordered by a superior court for good cause shown, be produced for inspection or copying by, nor shall the contents thereof be disclosed to, other than an authorized employee of the attorney general, without the consent of the person who produced such material, answered written interrogatories, or gave oral testimony, except as otherwise provided in this section: PROVIDED, That: (a) Under such reasonable terms and conditions as the attorney general shall prescribe, the copies of such documentary material, answers to written interrogatories, or transcripts of oral testimony shall be available for inspection and copying by the person who produced such material, answered written interrogatories, or gave oral testimony, or any duly authorized representative of such person; (b) The attorney general may provide copies of such documentary material, answers to written interrogatories, or transcripts of oral testimony to an official of this state, the federal government, or other state, who is charged with the enforcement of federal or state antitrust or consumer protection laws, if before the disclosure the receiving official agrees in writing that the information may not be disclosed to anyone other than that official or the official's authorized employees. Disclaimer. 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. Whenever the attorney general receives documents or other material from: (1) A federal agency, pursuant to its subpoena or Hart-Scott-Rodino authority; or. Reached by phone Thursday, Love said he firmly denies all claims against him, defended his academic background and suggested he would take legal action against the Attorney Generals Office for the allegations. Feb. 28, 2023, at 2:11 p.m. EPA Opens Office Near Site of Ohio Toxic Train Derailment. We remand to the trial court to dismiss the States CPA claims and to rule on attorney fees and costs, the ruling says. CONSUMER LOAN ACT (1) It is an unfair or deceptive act or practice under the consumer protection act, chapter 19.86 RCW, for any Identify the appropriate consumer agency or organization to file a complaint. 19.86, governs virtually everyone doing business in the State of Washington. Chapter 19.86 RCW: UNFAIR BUSINESS PRACTICESCONSUMER (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). Hearing instrument dispensing, advertising, etc. WebIn 2022, the state legislature integrated many of the provisions of the No Surprises Act, into our state Balance Billing Protection Act. It shall be unlawful for any person to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, or services, whether patented or unpatented, for use, consumption, enjoyment, or resale, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies, or other commodity or services of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for such sale or such condition, agreement, or understanding may be to substantially lessen competition or tend to create a monopoly in any line of commerce. 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. Thus, each of the States CPA claims must survive exacting scrutiny the Supreme Court says. Monopolies and attempted monopolies declared unlawful. 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. (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. 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. He accused the business of hiding its for-profit status behind a veneer of charitable goodwill.. 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. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 NEW SECTION. (3) A contract for prepaid medical care limiting the purchaser to the services of physicians or surgeons who are members of a certain medical society is exempt from application of the act by the provisions of 17, since such transaction is permitted under the health care services act, unless the transaction violates Article XII, 22 of the constitution. At the same time, these charitable solicitations necessarily advance TVIs own commercial interests. Licensing Applications Regulation of licensees Director's duties and authority Fines Orders Statute of limitations. 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. Love also expressed surprise at the complaint, saying he hadnt seen it until a call from The Spokesman-Review asking about the lawsuit. The material provided under this subsection (7)(b) is subject to the confidentiality restrictions set forth in this section and may not be introduced as evidence in a criminal prosecution; and. Its 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 practices act, chapter 19.90 RCW, in order to eliminate a statute which Washington State Consumer Protection Act Gyms, fitness centers must allow members to cancel memberships (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. WebShort title Purposes 1983 c 288: "This act may be cited as the antitrust/consumer protection improvements act. (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. Consumer complaints range from product safety to misleading advertising and from poor service to pyramid schemes. To this end this act shall be liberally construed that its beneficial purposes may be served. 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. Final judgment to restrain is prima facie evidence in civil action. 1125 Washington St SE PO Box 40100 Olympia, WA 98504 (360) 753-6200 In any proceeding in which there is a request for injunctive relief under RCW. A joint amicus brief supporting TVI was filed by two of its charity partners, Northwest Center and Big Brothers Big Sisters of Puget Sound. (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. Transactions and agreements not to use Materials from a federal agency or other state's attorney general. Monopolies and attempted monopolies declared unlawful. WebBoard of Accountancy. 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. Final judgment to restrain is prima facie evidence in civil action. (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 will employ supervisory, legal, and investigative personnel for the program, who must be qualified by training and experience. 6 7 STATE OF WASHINGTON KING COUNTY SUPERIOR Hearing instrument dispensing, advertising, etc. The FCRA was amended by the Fair and Accurate Credit Transactions Act of 2003. Love also claimed to be a member of the Northwest Indian Bar Association and the American Bar Association on his website, the Attorney Generals Office said. Additionally, the law allows consumers to sue for injunctive relief, which is a court order requiring the business to stop engaging in the illegal conduct. Administering Washington's Lemon Law for new motor vehicle warranty enforcement, including arbitration, education, and manufacturer and dealer enforcement. Final judgment to restrain is prima facie evidence in civil action. Hemp-CBD: Washington States Consumer Protection Act On average, two out of three complaints filed with our office are satisfactorily resolved. 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. 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. 101, an enhanced penalty of $5,000 shall apply. The CPA 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. (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. Protection Respected judges in Spokane County Superior Court have allowed him to appear as an attorney in several cases, the statement continues. TheSarbanes-Oxley Act of 2002(PDF mandates a number of reforms to enhance corporate responsibility, enhance financial disclosures and combat corporate and accounting fraud, and created the "Public Company Accounting Oversight Board," also known as the PCAOB, to oversee the activities of the auditing profession. (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. It runs 330 stores worldwide and 20 Value Village stores in Washington State. Dissolution, forfeiture of corporate franchise for violations. Sec. (2) The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, which may have been acquired by means of any act herein prohibited or declared to be unlawful. 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.
