(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. 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. 31.04.093. 12 22. Love intends to fight this case vigorously. 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. (3)(a) Injured other persons; (b) had the capacity to injure other persons; or (c) has the capacity to injure other persons. Dissolution, forfeiture of corporate franchise for violations. 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. 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. 12 22. 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. 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. Materials from a federal agency or other state's attorney general. Whenever the attorney general receives documents or other material from: (1) A federal agency, pursuant to its subpoena or Hart-Scott-Rodino authority; or. Keep detailed written notes of all conversations with the business including names and dates. 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 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. Personal service of process outside state. The attorney general will employ supervisory, legal, and investigative personnel for the program, who must be qualified by training and experience. (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. Additionally, it gives consumers the right to seek damages, including actual damages, statutory damages, and attorney's fees. 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. Monopolies and attempted monopolies declared unlawful. 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. 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. In any proceeding in which there is a request for injunctive relief under RCW. In a lengthier statement issued through his attorney, Love defended his academic background, professional affiliations and denied misrepresenting his credentials. Educating the public on 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 or deceptive business practices. 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. (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. Administering Washington's Lemon Law for new motor vehicle warranty enforcement, including arbitration, education, and manufacturer and dealer enforcement. 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. Fill out our presentation request form to request a presentation. (RCW 19.215 ), Under certain conditions, Washington law requires an individual, business, or agency to notify consumers if they are impacted by a data security breach. (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. Under this arrangement, it is impossible for TVI to separate the commercial and charitable elements of its marketing. Licensing Applications Regulation of licensees Director's duties and authority Fines Orders Statute of limitations. Additionally, the consumer may need to show that the business's actions were a significant factor in causing their injury. A key priority for the Attorney Generals Office is to safeguard consumers from fraud and unfair business practices by: For more information on other consumer issues visitSafeguarding Consumers. Transactions and agreements not to use or deal in commodities or services of competitor declared unlawful when lessens competition. Zachary Love, listed as the owner of ZEL & Associates, faces three allegations of violating the Washington Consumer Protection Act by representing himself as an attorney, primarily practicing in tribal courts in the region. Through news releases, social media and scam tracker consumers can be on top of topical issues and alerts happening in their community. Private plaintiffs must prove that the unfair or deceptive practice caused them to suffer economic injury. For unlawful acts or practices that target or impact specific individuals or communities based on demographic characteristics including, but not limited to, age, race, national origin, citizenship or immigration status, sex, sexual orientation, presence of any sensory, mental, or physical disability, religion, veteran status, or status as a member of the armed forces, as that term is defined in 10 U.S.C. (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. Love also expressed surprise at the complaint, saying he hadnt seen it until a call from The Spokesman-Review asking about the lawsuit. Transactions and agreements not to use 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. Violation of RCW 15.86.030 constitutes violation of RCW 19.86.020. Contracts, combinations, conspiracies in restraint of trade declared unlawful. Monopolies and attempted monopolies declared unlawful. Transactions and agreements not to use or deal in commodities or services of competitor declared unlawful when lessens competition. 1125 Washington St SE PO Box 40100 Olympia, WA 98504 (360) 753-6200 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 attempted monopolies declared unlawful. 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 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. (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. WebShort title Purposes 1983 c 288: "This act may be cited as the antitrust/consumer protection improvements act. COLUMBUS, Ohio (AP) The Ohio Attorney Generals Office (1) "Person" shall include, where applicable, natural persons, corporations, trusts, unincorporated associations and partnerships. The consumer must have suffered some sort of harm or injury caused by the business's actions in order to sue them under the CPA. 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. (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. (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. The Legislature has also enacted over 100 commercial statutes covering dozens of specific areas of the marketplace. (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. (19.86 RCW), Washington state requires businesses to take all reasonable steps to destroy, or arrange for the destruction of, personal financial and health information and personal identification numbers issued by government entities. If information is not disposed of in accordance with the law; businesses may be subject to civil liability if an individual is harmed by their failure. At the same time, these charitable solicitations necessarily advance TVIs own commercial interests. Contracts, combinations, conspiracies in restraint of trade declared unlawful. 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.