RCW 19.86.020 Unfair competition, practices, declared unlawful.

Unfair methods of competition and unfair or deceptive acts or

practices in the conduct of any trade or commerce are hereby declared

unlawful. [1961 c 216 § 2.]

RCW 19.86.070 Labor not an article of commerce—Chapter not to

affect mutual, nonprofit organizations. The labor of a human being is

not a commodity or article of commerce. 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. [1961 c 216 § 7.]

Labor regulations: Title 49 RCW.

RCW 19.86.080 Attorney general may restrain prohibited acts—

Costs—Restoration of property. (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.

(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) Upon a violation of RCW 19.86.030, 19.86.040, 19.86.050, or

19.86.060, the court may also 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, regardless

of whether such person purchased or transacted for goods or services

directly with the defendant or indirectly through resellers. The court

shall exclude from the amount of monetary relief awarded in an action

pursuant to this subsection any amount that duplicates amounts that

have been awarded for the same violation. The court should consider

consolidation or coordination with other related actions, to the

extent practicable, to avoid duplicate recovery. [2007 c 66 § 1; 1970

ex.s. c 26 § 1; 1961 c 216 § 8.

RCW 19.86.093 Civil action—Unfair or deceptive act or practice—

Claim elements. In a private action in which an unfair or deceptive

act or practice is alleged under RCW 19.86.020, a claimant may

establish that the act or practice is injurious to the public interest

because it:

(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. [2009

c 371 § 2.]

Application—2009 c 371: See note following RCW 19.86.090.

RCW 19.86.140 Civil penalties. 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.

Every individual who violates RCW 19.86.030 or 19.86.040 shall

pay a civil penalty of not more than $180,000. Every person, other

than an individual, who violates RCW 19.86.030 or 19.86.040 shall pay

a civil penalty of not more than $900,000.

Every person who violates RCW 19.86.020 shall forfeit and pay a

civil penalty of not more than $7,500 for each violation: PROVIDED,

That nothing in this paragraph shall apply to any radio or television

broadcasting station which broadcasts, or to any publisher, printer or

distributor of any newspaper, magazine, billboard or other advertising

medium who publishes, prints or distributes, advertising in good faith

without knowledge of its false, deceptive or misleading character.

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. Sec. 101, an enhanced penalty of $5,000 shall apply.

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.

With respect to violations of RCW 19.86.030 and 19.86.040, the

attorney general, acting in the name of the state, may seek recovery

of such penalties in a civil action.

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 43.01.036.

[2021 c 228 § 2; 1983 c 288 § 2; 1970 ex.s. c 26 § 7; 1961 c 216 §

14.]

Findings—2021 c 228: “The legislature finds that:

(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

Certified on 9/1/2023 RCW 19.86.140 Page 1

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.” [2021 c 228 § 1.]

Short title—2021 c 228: “This act may be known and cited as the

consumer protection improvement act.” [2021 c 228 § 4.]

Short title—Purposes—1983 c 288: See note following RCW

19.86.090