AN ACT Relating to consumer protections for military service members on active duty; amending RCW 38.42.010, 38.42.130, and 38.42.140; and adding a new section to chapter 38.42 RCW.

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

Sec. 1.  RCW 38.42.010 and 2014 c 65 s 1 are each amended to read as follows:

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Attorney general" means the attorney general of the state of Washington or any person designated by the attorney general to carry out a responsibility of the attorney general under this chapter.

(2) "Business loan" means a loan or extension of credit granted to a business entity that: (a) Is owned and operated by a service member, in which the service member is either (i) a sole proprietor, or (ii) the owner of at least fifty percent of the entity; and (b) experiences a material reduction in revenue due to the service member's military service.

(3) "Dependent" means:

(a) The service member's spouse;

(b) The service member's minor child; or

(c) An individual for whom the service member provided more than one-half of the individual's support for one hundred eighty days immediately preceding an application for relief under this chapter.

(4) "Financial institution" means an institution as defined in RCW ((30.22.041)) 30A.22.041.

(5) "Judgment" does not include temporary orders as issued by a judicial court or administrative tribunal in domestic relations cases under Title 26 RCW, including but not limited to establishment of a temporary child support obligation, creation of a temporary parenting plan, or entry of a temporary protective or restraining order.

(6) "Military service" means a service member:

(a) Under a call to active service authorized by the president of the United States or the secretary of defense for a period of more than thirty consecutive days; or

(b) Under a call to active service authorized by the governor under RCW 38.08.040 for a period of more than thirty consecutive days.

(7) "National guard" has the meaning in RCW 38.04.010.

(8) "Service member" means ((any resident of Washington state who is a member of the national guard or member of a military reserve component)) an active member of the United States armed forces, a member of a military reserve component, or a member of the national guard who is either stationed in or a resident of Washington state.

Sec. 2.  RCW 38.42.130 and 2014 c 65 s 4 are each amended to read as follows:

(1) Any person aggrieved by a violation of this chapter may in a civil action:

(a) Obtain any appropriate equitable or declaratory relief with respect to the violation; and

(b) Recover all other appropriate relief, including monetary damages.

(2) The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under ((subsection (1)(a) of)) this section the costs of the action, including reasonable attorneys' fees.

Sec. 3.  RCW 38.42.140 and 2014 c 65 s 5 are each amended to read as follows:

(1) Civil proceedings to enforce this chapter may be brought by the attorney general against any person that:

(a) Engages in a pattern or practice of violating this chapter; or

(b) Engages in a violation of this chapter that raises an issue of significant public importance.

(2) In a civil action commenced under ((subsection (1)(a) of)) this section, the court may:

(a) Grant any appropriate equitable or declaratory relief, including costs and reasonable attorneys' fees, with respect to the violation of this chapter;

(b) Award all other appropriate relief, including monetary damages, to any person aggrieved by the violation; and

(c) ((May,)) To vindicate the public interest, assess a civil penalty:

(i) In an amount not exceeding fifty-five thousand dollars for a first violation; and

(ii) In an amount not exceeding one hundred ten thousand dollars for any subsequent violation.

(3) Upon timely application, a person aggrieved by a violation of this chapter with respect to which the civil action is commenced may intervene in such an action and may obtain appropriate relief as the person could obtain in a civil action under RCW ((38.42.120)) 38.42.130 with respect to that violation, along with costs and reasonable attorneys' fees.

NEW SECTION.  Sec. 4.  A new section is added to chapter 38.42 RCW to read as follows:

(1) A service member may, upon written notice, including electronic mail, terminate or suspend a contract described in subsection (2) of this section at any time after the date the service member receives military service orders:

(a) For a permanent change of station; or

(b) To deploy with a military unit, or as an individual in support of a military operation, for a period of not less than thirty days.

(2) For the purposes of this section, a contract includes the provision of any of the following:

(a) Telecommunication services from a telecommunications company, as defined in RCW 80.04.010, except as provided in subsection (7) of this section;

(b) Internet services provided from an internet service provider;

(c) Health studio services from a health studio, as defined in RCW 19.142.010; and

(d) Subscription television services, as defined in RCW 9A.56.010, from a television service provider.

(3) The service member must provide written proof to the service provider of the official orders showing that the service member has been called into military service:

(a) At the time written notice is given; or

(b) If precluded by military necessity or circumstances that make the provision of proof at the time of giving written notice unreasonable or impossible, within ninety days after written notice has been given.

(4) A termination or suspension of services under this section is effective on the day written notice is given under subsection (2) of this section. The termination or suspension of services does not eliminate or alter any contractual obligation to pay for services rendered before the effective date of the written notice, unless otherwise provided for by law.

(5)(a) A service member who terminates or suspends the provision of services under this section may upon giving written notice, including electronic mail, to the provider within ninety days after termination of the service member's military service, reinstate the provision of services:

(i) On the same terms and conditions as originally agreed upon with the service provider before the termination or suspension, if the service member was in military service no longer than twelve consecutive months; or

(ii) On the same terms and conditions that have been offered by the provider to any new consumer at the lowest discounted or promotional rate within the previous twelve-month period immediately before termination of the service member's military service, if the service member was in military service longer than twelve consecutive months.

(b) Upon receipt of the written notice of reinstatement, the service provider must resume the provision of services or, if the services are no longer available, provide substantially similar services within a reasonable period of time not to exceed thirty days from the date of receipt of the written notice of reinstatement.

(6) A service member who terminates, suspends, or reinstates the provision of services under this section:

(a) May not be charged a penalty, fee, loss of deposit, or any other additional cost because of the termination, suspension, or reinstatement; and

(b) Is not liable for payment for any services after the effective date of the termination or suspension, or until the effective date of a reinstatement of services as described in subsection (4) of this section.

(7) A service member may terminate a contract for any service provided by a commercial mobile radio services provider in accordance with 50 U.S.C. Sec. 3956.

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