Washington Deceptive Trade Practices Laws

Washington has not adopted the Uniform Deceptive Trade Practices Act.  Washington deceptive trade practices laws are stated in Annotated Revised Code of Washington, Title 19, Chapter 19.86.

Section 19.86.020 prohibits false advertising.  Under Section 19.86.080 the Attorney General can bring an action on behalf of the state, or a private person upon information about a violation.  Section 19.86.090 permits private action by an injured person.

Remedies available under Section 19.86.090 are:

  • Injunction,
  • actual damages,
  • treble damages in court’s discretion (shall not be more than $25000),
  • litigation cost,
  • attorney fees.

Under Section 46.37.540 of the Motor Vehicles Code, tampering the odometer with an intention to misrepresent the number of miles in the meter is a gross misdemeanor.  Under Section 46.37.590, in a civil action against odometer tampering the aggrieved party may recover cost and attorney fees.

Rev. Code Wash. (ARCW) § 19.86.020 reads:

“§ 19.86.020. Unfair competition, practices, declared unlawful 
   Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.”

Rev. Code Wash. (ARCW) § 19.86.090 reads in part:

“§ 19.86.090. Civil action for damages — Treble damages authorized — Action by governmental entities 
   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 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. 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 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 twenty-five thousand dollars. For the purpose of this section, “person” includes the counties, municipalities, and all political subdivisions of this state.”

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Inside Washington Deceptive Trade Practices Laws