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                                            ENGROSSED SENATE BILL 5120

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State of Washington                              53rd Legislature                             1993 Regular Session

By Senator A. Smith

Read first time 01/13/93.  Referred to Committee on Law & Justice.

Changing provisions relating to consumer protection.

          AN ACT Relating to consumer protection; and amending RCW 19.86.090 and 19.86.920.

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

        Sec. 1.  RCW 19.86.090 and 1987 c 202 s 187 are each amended to read as follows:

          Any person who is injured in his or her business or property by a violation of RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or 19.86.060, or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of RCW 19.86.030, 19.86.040, 19.86.050, or 19.86.060, may bring a civil action in the superior court to enjoin further violations, to recover the actual damages sustained by him or her, or both, together with the costs of the suit, including a reasonable attorney's fee, and the court may in its discretion, increase the award of damages to an amount not to exceed three times the actual damages sustained:  PROVIDED, That such increased damage award for violation of RCW 19.86.020 may not exceed ((ten)) twenty-five thousand dollars:  PROVIDED FURTHER, That such person may bring a civil action in the district court to recover his or her actual damages, except for damages which exceed the amount specified in RCW 3.66.020, and the costs of the suit, including reasonable attorney's fees.  The district court may, in its discretion, increase the award of damages to an amount not more than three times the actual damages sustained, but such increased damage award shall not exceed the amount specified in RCW 3.66.020.  For the purpose of this section "person" shall include the counties, municipalities, and all political subdivisions of this state.

          Whenever the state of Washington is injured by reason of a violation of RCW 19.86.030, 19.86.040, 19.86.050, or 19.86.060, it may sue therefor in the superior court to recover the actual damages sustained by it and to recover the costs of the suit including a reasonable attorney's fee.

When an action is brought under this section the court shall take all reasonable steps, including transfer and consolidation of actions, to protect against duplicative recoveries for the same injury.

Proof of injury to the public interest shall not be required in any action brought under this section, except that the court shall require proof of injury to the public interest prior to any award above actual damages relating to an unfair or deceptive act or practice in violation of RCW 19.86.020.  In addition, where injury to the public interest is not proven, the court shall award to the prevailing party costs of the suit, including reasonable attorney fees.

        Sec. 2.  RCW 19.86.920 and 1985 c 401 s 1 are each amended to read as follows:

          The legislature hereby declares that the purpose of this act is to complement the body of federal law governing restraints of trade, unfair competition and unfair, deceptive, and fraudulent acts or practices in order to protect the public and foster fair and honest competition.  It is the intent of the legislature that, in construing this act, the courts be guided by final decisions of the federal courts and final orders of the federal trade commission interpreting the various federal statutes dealing with the same or similar matters and that in deciding whether conduct restrains or monopolizes trade or commerce or may substantially lessen competition, determination of the relevant market or effective area of competition shall not be limited by the boundaries of the state of Washington.  To this end this act shall be liberally construed that its beneficial purposes may be served.

          It is, however, the intent of the legislature that this act shall not be construed to prohibit acts or practices which are reasonable in relation to the development and preservation of business ((or which are not injurious to the public interest)), nor be construed to authorize those acts or practices which unreasonably restrain trade or are unreasonable per se.

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