BILL REQ. #:  Z-0322.1 

Prefiled 12/15/10. Read first time 01/10/11.   Referred to Committee on Judiciary.

     AN ACT Relating to the consumer protection act; and amending RCW 19.86.080 and 19.86.010.

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

Sec. 1   RCW 19.86.080 and 2007 c 66 s 1 are each amended to read as follows:
     (1) The attorney general may bring an action in the name of the state, or as parens patriae on behalf of persons residing in the state, against any person to restrain and prevent the doing of any act herein prohibited or declared to be unlawful; and the ((prevailing party)) attorney general may, in the discretion of the court, recover the costs of said action including a reasonable ((attorney's)) attorneys' fee.
     (2) Reasonable attorneys' fees may be awarded to a prevailing defendant upon a finding by the court that the state's action was frivolous. The defendant shall comply with, and the court shall be guided by, the procedural standards of RCW 4.84.185 in determining whether to award reasonable attorneys' fees.
     (3) The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, which may have been acquired by means of any act herein prohibited or declared to be unlawful.
     (((3))) (4) Upon a violation of RCW 19.86.030, 19.86.040, 19.86.050, or 19.86.060, the court may also make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, which may have been acquired, regardless of whether such person purchased or transacted for goods or services directly with the defendant or indirectly through resellers. The court shall exclude from the amount of monetary relief awarded in an action pursuant to this subsection any amount that duplicates amounts that have been awarded for the same violation. The court should consider consolidation or coordination with other related actions, to the extent practicable, to avoid duplicate recovery.

Sec. 2   RCW 19.86.010 and 1961 c 216 s 1 are each amended to read as follows:
     As used in this chapter:
     (1) "Person" shall include, where applicable, natural persons, corporations, trusts, unincorporated associations and partnerships, regardless of whether the natural persons or entities reside or are located in the state of Washington.
     (2) "Trade" and "commerce" shall include the sale of assets or services, and any commerce directly or indirectly affecting the people of the state of Washington, and shall include, but not be limited to, commerce involving a person outside the state conducted by a person residing in the state.
     (3) "Assets" shall include any property, tangible or intangible, real, personal, or mixed, and wherever situate, and any other thing of value.