Washington State Consumer Protection Act
The Washington State Consumer Protection Act (CPA), codified at RCW Chapter 19.86, prohibits unfair or deceptive acts or practices in trade or commerce. The CPA is one of the broadest and most powerful consumer protection statutes in the United States. It allows private individuals to sue for violations — not just the Attorney General — and provides for treble damages (up to $25,000) and attorney's fees.
To prevail on a CPA claim, a plaintiff must prove five elements: (1) an unfair or deceptive act or practice; (2) occurring in trade or commerce; (3) that impacts the public interest; (4) that caused injury to the plaintiff's business or property; and (5) that the injury was caused by the unfair or deceptive act. Hangman Ridge Training Stables, Inc. v. Safeco Title Insurance Co. (1985).
Common Consumer Protection Issues
Identity Theft: Washington State has strong identity theft laws under RCW 9.35.020. Victims of identity theft may place a security freeze on their credit reports under RCW 19.182.170, which prevents new credit from being opened in their name without their consent.
Debt Collection: The Washington Collection Agency Act (RCW Chapter 19.16) and the federal Fair Debt Collection Practices Act (FDCPA) prohibit abusive, deceptive, and unfair debt collection practices. Violations can result in actual damages, statutory damages, and attorney's fees.
Predatory Lending: Washington State's Consumer Loan Act (RCW Chapter 31.04) and the Mortgage Broker Practices Act (RCW Chapter 19.146) regulate lenders and mortgage brokers. The federal Truth in Lending Act (TILA) requires lenders to disclose the true cost of credit.
Unfair Business Practices: The Washington Attorney General's Consumer Protection Division investigates complaints about businesses engaged in unfair or deceptive practices. Consumers can file complaints at atg.wa.gov.
Lemon Law
Washington State's New Motor Vehicle Warranties Act (RCW Chapter 19.118), commonly known as the Lemon Law, provides remedies for consumers who purchase or lease new vehicles that have substantial defects that cannot be repaired after a reasonable number of attempts.
If a new vehicle has a defect that substantially impairs its use, value, or safety, and the manufacturer or dealer has made a reasonable number of repair attempts (generally four attempts for the same defect, or the vehicle has been out of service for 30 or more days), the consumer may be entitled to a replacement vehicle or a full refund.
Data Breach Notification
Washington State's data breach notification law (RCW 19.255.010) requires businesses and government agencies to notify Washington residents when their personal information is compromised in a data breach. The notification must be made in the most expedient time possible and without unreasonable delay.
In 2019, Washington State strengthened its data breach law to expand the definition of personal information, require notification within 30 days of discovering a breach, and require notification to the Attorney General when a breach affects more than 500 Washington residents.
Filing a Consumer Complaint
Washington State Attorney General — Consumer Protection Division: atg.wa.gov/file-complaint Federal Trade Commission (FTC): reportfraud.ftc.gov Consumer Financial Protection Bureau (CFPB): consumerfinance.gov/complaint Better Business Bureau (BBB): bbb.org/file-a-complaint
Key Washington State Statutes
RCW Chapter 19.86 — Consumer Protection Act RCW Chapter 19.16 — Collection Agencies RCW Chapter 19.118 — New Motor Vehicle Warranties (Lemon Law) RCW Chapter 19.182 — Fair Credit Reporting RCW 19.255.010 — Data Breach Notification RCW 9.35.020 — Identity Theft