S-2818

AN ACT Relating to sports collectibles; adding a new chapter to Title 19 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. The collecting of sports memorabilia is a hobby that has grown dramatically in the past ten years. Many people, and in particular many children, are entering the sports collectible market for the first time. Autographed items and other items believed to be authentic often command a premium price far in excess of the original value of the item. Without a method to protect the public from the sale of counterfeit sports collectibles, the opportunity for fraud in such sales is great.

Therefore, the legislature finds that sales of sports collectibles by unscrupulous sports collectible dealers who make false claims of authenticity threatens the legitimate business and hobby of sports memorabilia collecting, and that a requirement that sellers certify the authenticity of more expensive items is necessary to protect the public.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Authentic" means that an item is the actual item that it is represented to be.

(2) "Autographed" means bearing the actual signature of a sports personality, signed by such individual's own hand.

(3) "Collectible" means a sports item including, but not limited to, a photograph, book, ticket, plaque, sports program, item of sports equipment or clothing, or other sports memorabilia sold or offered for sale in or from this state by a dealer to a consumer for fifty dollars or more.

(4) "Consumer" means any natural person who purchases a collectible from a dealer for personal, family, or household purposes.

(5) "Dealer" means any person, including an auctioneer, who is in the business of selling or offering for sale in or from this state any collectible to consumers. "Dealer" does not include a person making a casual or isolated sale as defined in RCW 82.04.040.

(6) "Description" means any written or verbal representation, including but not limited to a representation contained in an advertisement, invoice, catalog, flyer, sign, brochure, or other commercial or promotional material. Such term shall also include a representation contained in a prepared script and made for the purpose of selling a collectible in a radio or television broadcast to the public in or from this state.

(7) "Person" means any natural person, partnership, corporation, company, trust, association, or other entity, however organized.

NEW SECTION. Sec. 3. Whenever a dealer, in selling or offering to sell in or from this state a collectible to a consumer, provides a description of such collectible as being autographed or authentic, or both, the dealer shall furnish to the consumer at the time of sale a certificate of authenticity. Such certificate of authenticity shall be in writing, dated, and signed by such dealer or authorized agent. The certificate shall be in at least ten-point boldface type and shall contain the dealer's true legal name and street address. Each certificate of authenticity shall:

(1) Describe the collectible and the name of the sports personality who autographed it and specify the purchase price;

(2) Contain an express warranty, which shall be presumed to be part of the basis of the bargain, of the authenticity of the collectible. Such warranty shall not be negated or limited because the dealer in the certificate does not use formal words such as "warranty," or "guarantee," or because such dealer does not have a specific intention or authorization to make a warranty or because any statement relevant to the collectible is, or purports to be, or is capable of being, merely the dealer's opinion. The warranty shall state that the dealer will make a full cash refund upon request within ninety days of the sale;

(3) If the description includes a claim that the collectible is autographed, state the place, and date, when the sports personality autographed the collectible, if known; however, if either such place or date, or both, is not known, the certificate shall contain an explicit statement to the effect; and

(4) Specify whether the collectible is offered as one of a limited edition and, if so:

(a) How the collectible and the edition is numbered; and

(b) The size of the edition and the size of any prior or anticipated future edition.

NEW SECTION. Sec. 4. (1) No dealer shall represent that a collectible is autographed if it was signed other than by the sports personality in his or her own hand.

(2) No dealer shall sell or offer for sale in or from this state a collectible to any consumer unless, at the location where the sale occurs, in close proximity to the merchandise, the dealer places a conspicuous sign that reads:

SALE OF SPORTS MEMORABILIA

WASHINGTON STATE LAW REQUIRES THAT A DEALER WHO SELLS TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTHENTIC OR PERSONALLY AUTOGRAPHED, FOR FIFTY DOLLARS OR MORE, MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE.

(3) Any dealer engaged in a mailorder or telephone order business who sells or offers for sale in or from this state a collectible to any consumer shall include in any advertisement relating to any such item the disclosure required by subsection (2) of this section. With respect to a written advertisement, such disclosure shall be made in type of conspicuous size.

NEW SECTION. Sec. 5. The sale of collectibles is a matter affecting the public interest for the purpose of applying chapter 19.86 RCW. The sale of collectibles in violation of the requirements of this chapter is not reasonable in relation to the development and preservation of business. A violation of this chapter constitutes an unfair or deceptive act or practice in trade or commerce for the purpose of applying chapter 19.86 RCW. Any person injured by a violation of this chapter shall have a civil action for damages under RCW 19.86.090.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act shall constitute a new chapter in Title 19 RCW.