« Peso's-Matador Redux? Seattle Bar Claims Neighbor Copied Its Trade Dress | Main | Seattle Law Professor Takes on AT&T and the PTO's Registration of Signal Bar Design »

Washington's Consumer Protection Act Amended Effective July 26

Come July 26, Washington’s Consumer Protection/Unfair Business Practices Act will be amended to increase the discretionary trebling of damages to $25,000 from $10,000. This should be of interest to local practitioners, as Section 43(a)-type causes of action (like infringement of an unregistered trademark, false designation of origin, and false advertising) at the state level often get shoe-horned into the CPA.

A new section also broadens the Act’s reach by clarifying that “a claimant may establish that the act or practice is injurious to the public interest” — a requirement that has slayed many CPA claims — if it “(a) [i]njured other persons; (b) had the capacity to injure other persons; or (c) has the capacity to injure other persons.” This significantly lessens the plaintiff’s proof needed to sustain a CPA claim.

Per Substitute Senate Bill 5531, these amendments apply “to all causes of action that accrue on or after the effective date” of the amendments, or July 26.

PrintView Printer Friendly Version

EmailEmail Article to Friend

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.

PostPost a New Comment

Enter your information below to add a new comment.

My response is on my own website »
Author Email (optional):
Author URL (optional):
Post:
 
All HTML will be escaped. Hyperlinks will be created for URLs automatically.