S-3930               _______________________________________________

                                                   SENATE BILL NO. 5051

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senator Deccio

Read first time 1/24/86 and referred to Committee on Commerce & Labor.

AN ACT Relating to buyer protection; adding a new chapter to Title 19 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature finds that competitive markets function optimally when potential buyers have adequate information about the capabilities, characteristics, and durability of products offered for sale.  The legislature further finds that carpet is a major expense for the homeowner, and that comparison shopping is nearly impossible due to:  (1) The lack of standard parameters for measuring quality; (2) misinformation; and (3) the absence of information in advertising and marketing of carpeting.

          The legislature declares that disclosure of certain information will benefit both buyers and sellers of carpet.

NEW SECTION. Sec. 2.     As used in this chapter "carpet," means any product sold as a floor covering according to the common meaning of that term including that which is to be installed wall-to-wall, and area or accent rugs.

NEW SECTION. Sec. 3.     Any person offering for sale or selling carpet shall clearly disclose prior to sale, by methods that  may include posting of notice or printing on the carpet, whether or not the carpet is new.  If the carpet is new the disclosure shall also state:

          (1) The generic name of the fiber;

          (2) The name and location of the manufacturer;

          (3) The face weight of the yarn;

          (4) The material composition of the backing material that holds the yarn; and

          (5) Any warranties made by the manufacturer, distributor, or retail seller as to durability or other matters, and the steps the purchaser must take to enforce the warranty if the carpet does not perform according to its terms.

NEW SECTION. Sec. 4.     Nothing in this chapter applies to advertising media who accept advertising in good faith without knowledge of its violation of this chapter.

NEW SECTION. Sec. 5.     A violation of this chapter constitutes a violation of chapter 19.86 RCW, the consumer protection act.

NEW SECTION. Sec. 6.     The rights, obligations, and remedies under this chapter are in addition to any rights, obligations, or remedies under federal statute or regulation, any other state statute or regulation, or the common law.

NEW SECTION. Sec. 7.     This chapter may be known and cited as the "carpet buyers' protection act."

NEW SECTION. Sec. 8.     Sections 2 through 7 of this act shall constitute a new chapter in Title 19 RCW.