S-1033               _______________________________________________

                                                   SENATE BILL NO. 5485

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senator Talmadge

Read first time 2/02/87 and referred to Committee on Commerce & Labor.

AN ACT Relating to consumer protection; 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) (a) "Residential serviceman," as used in this section, means a person who performs a service at the residence of the consumer.  "Residential serviceman" includes, without limitation, a utility installer, an appliance repairer, and a contractor under chapter 18.27 RCW.

          (b) "Person," as used in this section, includes an individual, firm, corporation, or other entity.

          (2) A residential serviceman who agrees to perform a service at the residence of a consumer shall specify to the consumer the date and hour at which the service is to be performed.  Failure to specify the date and hour, and failure to appear at the residence within one hour of the appointed hour, is unlawful.  A violation of this section shall subject the residential serviceman to civil liability for the actual damages of the consumer or one hundred dollars, whichever is greater.  Actual damages may include the value of lost time or wages by the consumer.  As an alternative to seeking damages under this section, the consumer may deduct up to one hundred dollars from any amount owed the residential serviceman for services rendered.  In addition, a violation of this section constitutes an unfair practice in the conduct of a trade or commerce for the purposes of this chapter.