SENATE BILL REPORT

HB 142

BYRepresentatives Armstrong, Padden, Locke and Crane; by request of Attorney General

Clarifying the attorney general's authority to use presuit investigative powers in consumer complaints where the violation may ultimately be prosecuted under federal consumer protection law.

House Committe on Judiciary

Senate Committee on Judiciary

Senate Hearing Date(s):March 27, 1987

Majority Report:  Do pass.

      Signed by Senators Talmadge, Chairman; Bottiger, Moore, Newhouse.

Senate Staff:Lidia Mori (786-7461)

                  March 27, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, MARCH 27, 1987

BACKGROUND:

The Attorney General is authorized to investigate possible violations of the Consumer Protection Act.  The Attorney General may demand production of documents, answers to written interrogatories, or oral testimony from any person believed to have knowledge or possession of information relevant to an investigation.  The Attorney General may seek this information prior to filing a lawsuit and may present the information to the court if a civil case is later filed under state law.

The Attorney General is authorized to bring actions under federal statutes, including those relating to antitrust actions.  The state statutes are silent regarding whether the Attorney General may use information gathered in an investigation conducted prior to the filing of a lawsuit if the action is brought in federal court rather than state court.

SUMMARY:

The Attorney General may use its investigative powers to require a person to produce documents, answer interrogatives or give oral testimony when the Attorney General believes the person has knowledge or possession of information relevant to possible violations of federal statutes dealing with matters similar to those prohibited in the Washington State Consumer Protection Act. The Attorney General may present that information to the court if a case is later filed in federal court.

Fiscal Note:      none requested

Senate Committee - Testified: Juli Daniel, Office of the Attorney General