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Committee staff give lawmakers refresher on state Consumer Protection Act
Summary
Committee staff reviewed the scope, enforcement paths, per se violations and remedies under Washington's Consumer Protection Act during a Jan. 24 work session, including differences between attorney general enforcement and private lawsuits and the statute's elements, limitations and penalties.
Committee staff gave the Consumer Protection & Business Committee a focused briefing Jan. 24 on the scope and mechanics of Washington's Consumer Protection Act and how citizens and the attorney general may enforce it.
The presentation, led by Megan Mulvihill, staff to the committee, and Peter Klotfelter, senior counsel with the Office of Program Research, summarized the statute's history, the elements a private plaintiff must prove, the concept of per se violations and the range of remedies and penalties available under state law.
The briefing said the Consumer Protection Act (CPA) was enacted in 1961 and was modeled after the Federal Trade Commission Act. Megan Mulvihill told the committee the CPA forbids "unfair methods of competition and unfair or deceptive acts or practices in trade or commerce" and that courts, not the statute itself, define what constitutes unfair or deceptive conduct. Mulvihill said the CPA gives both the attorney general and private citizens the right to bring civil actions.
Mulvihill…
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