Materials from a federal agency or other state's attorney general. Every person who shall violate the terms of any injunction issued as in this chapter provided, shall forfeit and pay a civil penalty of not more than $125,000. Final judgment to restrain is prima facie evidence in civil action. Contracts, combinations, conspiracies in restraint of trade declared unlawful. The attorney general will employ supervisory, legal, and investigative personnel for the program, who must be qualified by training and experience. 6. 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. (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. (3)(a) Injured other persons; (b) had the capacity to injure other persons; or (c) has the capacity to injure other persons. Consumer laws in Washington set out to protect residents from scams and enforce their rights against both the government and large corporations. (1) Whenever the attorney general believes that any person (a) may be in possession, custody, or control of any original or copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situate, which he or she believes to be relevant to the subject matter of an investigation of a possible violation of RCW. In any proceeding in which there is a request for injunctive relief under RCW. Consumer protection lawyers handle a wide range of areas, including consumer fraud, product liability, false advertising, and other business "scams". Hearing instrument dispensing, advertising, etc. (1) Violates a statute that incorporates this chapter; (2) Violates a statute that contains a specific legislative declaration of public interest impact; or. WebYou've come to the right place. (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. To address this concern, the trial court added a knew or should have known mens rea element to the States claims in this case. Dissolution, forfeiture of corporate franchise for violations. More than 75% of those surveyed in a test group believed that the company was a charity or nonprofit organization. 1125 Washington St SE PO Box 40100 Olympia, WA 98504 (360) 753-6200 1125 Washington St SE PO Box 40100 Olympia, WA 98504 (360) 753-6200 Consider laws (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. 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. Its purposes are to strengthen public and private 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. (2) "Trade" and "commerce" shall include the sale of assets or services, and any commerce directly or indirectly affecting the people of the state of Washington. 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. (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. 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. 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. SE, Olympia 98501 360.586.1000 1.855.WaTech1 (1.855.928.3241) Mailing materials that interfere with census. (3) "Assets" shall include any property, tangible or intangible, real, personal, or mixed, and wherever situate, and any other thing of value. Dissolution, forfeiture of corporate franchise for violations. The Washington State Consumer Protection Act, also known as the Consumer Protection Act (CPA), is a state law that aims to protect consumers from 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. 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. Transactions and agreements not to use or 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. Administering Washington's Lemon Law for new motor vehicle warranty enforcement, including arbitration, education, and manufacturer and dealer enforcement. (2) "Trade" and "commerce" shall include the sale of assets or services, and any commerce directly or indirectly affecting the people of the state of Washington. 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. Hearing instrument dispensing, advertising, etc. (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." 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. WebIn 2022, the state legislature integrated many of the provisions of the No Surprises Act, into our state Balance Billing Protection Act. Monopolies and trusts prohibited: State Constitution Art. It runs 330 stores worldwide and 20 Value Village stores in Washington State. (RCW 19.255). Consumer Protection Washington provides people with resources and contact information so they can stay protected. Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. 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. 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. In a lengthier statement issued through his attorney, Love defended his academic background, professional affiliations and denied misrepresenting his credentials. 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. However, the degree is an expedited program that is for those who have no intention of becoming a practicing attorney, according to the schools website, separate from a four-year online program designed for people pursuing admission to the bar. The CPA 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. 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. The Supreme Court today agreed with the business. (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. (3) "Assets" shall include any property, tangible or intangible, real, personal, or mixed, and wherever situate, and any other thing of value. Unfair competition, practices, declared unlawful. [, Upon petition by the attorney general, the court may, in its discretion, order the dissolution, or suspension or forfeiture of franchise, of any corporation which shall violate RCW, Personal service of any process in an action under this chapter may be made upon any person outside the state if such person has engaged in conduct in violation of this chapter which has had the impact in this state which this chapter reprehends. (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. Copyright 2023, The Spokesman-Review | Community Guidelines | Terms of Service | Privacy Policy | Copyright Policy, that they had disbarred Love from serving, She secretly traveled 2,000 miles for her abortion.
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