AN ACT Relating to deceptive sales practices; and adding a new section to chapter 19.86 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 19.86 RCW to read as follows:

(1) The following unfair or deceptive sales practices in the conduct of any trade or commerce are unlawful and constitute a violation of RCW 19.86.020:

(a) Passing off goods or services as those of another;

(b) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

(c) Causing likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another;

(d) Using deceptive representations or designations of geographic origin in connection with goods or services;

(e) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;

(f) Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand;

(g) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

(h) Disparaging the goods, services, or business of another by false or misleading representation of fact;

(i) Disparaging advertised goods or services for the purpose of selling a more expensive product;

(j) Advertising goods or services with intent not to sell them as advertised;

(k) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

(l) Using the word "free" in a deceptive manner, including but not limited to failing to conspicuously disclose any terms or conditions of "free" offers, including requiring a consumer to be subjected to a sales presentation;

(m) Misrepresenting that a consumer has been specially selected or has won a contest when a bona fide contest does not exist;

(n) Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions;

(o) Obtaining the signature of the buyer to a contract when it contains blank spaces to be filled in after it has been signed;

(p) Misrepresenting that a contract is not a binding contract, or misrepresenting the conditions under which a contract may be canceled;

(q) Failing to deliver to the consumer at the time of the consumer's signature a legible copy of the contract or of any other document which the seller or lender has required or requested the buyer to sign, and which he has signed, during or after the contract negotiation;

(r) Making false or misleading statements of fact concerning the age, extent of use, or mileage of any goods;

(s) Promising or offering to pay, credit, or allow to any buyer or lessee, any compensation or reward in consideration of his giving to the seller or lessor the names of prospective purchasers or lessees, or otherwise aiding the seller or lessor in making a sale or lease to another person, if the earning of the rebate, discount or other value is contingent upon the occurrence of an event subsequent to the time the buyer or lessee agrees to buy or lease;

(t) Representing that services, replacements, or repairs are needed if they are not needed, or providing services, replacements, or repairs that are not needed; and

(u) Engaging in any act or practice which is otherwise misleading, false, or deceptive to the consumer.

(2) As used in this section:

(a) "Goods" means any property, tangible or intangible, real, personal or mixed, and any other article, commodity, or thing of value wherever situate, including certificates or coupons exchangeable for such goods; and

(b) "Services" means work, labor, and services, including, but not limited to, services furnished in connection with the repair, alteration, or improvement of residential premises, or services furnished in connection with the sale or repair of goods.

(3) Nothing in this section shall be construed to limit the scope of RCW 19.86.020.