| Passed by the Senate April 19, 2009 YEAS 29 ________________________________________ President of the Senate Passed by the House April 8, 2009 YEAS 59 ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5531 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 02/25/09.
AN ACT Relating to modifying provisions relating to consumer protection act violations; amending RCW 19.86.090; adding a new section to chapter 19.86 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 19.86.090 and 2007 c 66 s 2 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)). In addition, the court may, in its
discretion, increase the award of damages up 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)) twenty-five thousand
dollars. For the purpose of this section, "person" ((shall)) includes
the counties, municipalities, and all political subdivisions of this
state.
Whenever the state of Washington is injured, directly or
indirectly, 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, whether direct or
indirect, and to recover the costs of the suit including a reasonable
attorney's fee.
NEW SECTION. Sec. 2 A new section is added to chapter 19.86 RCW
to read as follows:
In a private action in which an unfair or deceptive act or practice
is alleged under RCW 19.86.020, a claimant may establish that the act
or practice is injurious to the public interest because it:
(1) Violates a statute that incorporates this chapter;
(2) Violates a statute that contains a specific legislative
declaration of public interest impact; or
(3)(a) Injured other persons; (b) had the capacity to injure other
persons; or (c) has the capacity to injure other persons.
NEW SECTION. Sec. 3 This act applies to all causes of action
that accrue on or after the effective date of this act.