FINAL BILL REPORT
SHB 2072
C 256 L 24
Synopsis as Enacted
Brief Description: Concerning penalties relating to antitrust actions.
Sponsors: House Committee on Civil Rights & Judiciary (originally sponsored by Representatives Farivar, Taylor, Ryu, Reeves, Slatter, Reed, Ormsby, Ramel, Macri, Goodman, Fosse, Riccelli and Hackney; by request of Attorney General).
House Committee on Civil Rights & Judiciary
Senate Committee on Law & Justice
Background:

The Consumer Protection Act (CPA) declares a variety of business practices unlawful.? These unlawful practices include: ?engaging in unfair methods of competition and unfair or deceptive acts or practices in the conduct of commerce; the formation of contracts, combinations, and conspiracies in restraint of trade or commerce; and monopolizing or attempting to monopolize trade.

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A person injured by a violation of the CPA may bring a civil action to enjoin further violations and to recover actual damages, costs, and attorney's fees. ?Recovery may also include an increased award of triple the actual damages, up to a maximum of $25,000.


The Attorney General may bring an action in the name of the state, or on behalf of persons residing in the state, against any person to enjoin violations of the CPA and to obtain restitution for persons injured by the violation.? The prevailing party may, in the discretion of the court, recover costs and attorney's fees.? The Attorney General may also seek civil penalties up to statutorily authorized maximums against any person who violates the CPA. ?


A violation of the CPA's prohibitions on monopolies and on contracts, combinations, and conspiracies in restraint of trade or commerce are subject to the following maximum penalties:

  • for an individual, a penalty of up $180,000; and
  • for a person that is not an individual, a penalty of up to $900,000.

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Civil penalties imposed in CPA actions are paid to the state.

Summary:

Every person who violates CPA prohibitions on monopolies or the formation of contracts, combinations, and conspiracies in restraint of trade or commerce is subject to a civil penalty of up to three times the unlawful gains or loss avoided as a result of each violation.

Votes on Final Passage:
Final Passage Votes
House 59 37
Senate 29 20
Effective:

June 6, 2024