H-319                _______________________________________________

                                                    HOUSE BILL NO. 798

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Meyers, Cooper, Niemi, Valle and Winsley

Read first time 2/9/87 and referred to Committee on Judiciary.

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

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

        Sec. 1.  Section 9, chapter 216, Laws of 1961 as last amended by section 3, chapter 288, Laws of 1983 and RCW 19.86.090 are each amended to read as follows:

          Any person who is injured in his 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 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 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 thousand dollars:  PROVIDED FURTHER, That such person may bring a civil action in the justice court to recover his 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 justice 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.

Proof of public interest or public injury shall not be required in any action brought under this section.