Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your area.
Washington State has one of the strongest consumer protection laws in the country. The Consumer Protection Act (CPA), codified at RCW 19.86, provides powerful remedies for consumers including treble damages and mandatory attorney fees. The Washington State Attorney General's Consumer Protection Division enforces these laws and accepts consumer complaints. Understanding how to use the CPA can help you recover significantly more than your actual losses when businesses engage in unfair or deceptive practices.
Key Statute: Washington's Consumer Protection Act (RCW 19.86) prohibits unfair or deceptive acts in trade or commerce. Successful plaintiffs can recover actual damages, up to treble damages, and mandatory attorney fees and costs.
Washington Consumer Protection Act Overview
The Washington CPA is among the broadest and most consumer-friendly protection statutes in the nation. It applies to virtually all business conduct and provides strong remedies without the need to prove the defendant intended to deceive you.
What the CPA Prohibits
Under RCW 19.86.020, "unfair or deceptive acts or practices in the conduct of any trade or commerce" are unlawful. Courts have found violations including:
- Misrepresentation: False statements about products, services, or terms
- Omission: Failing to disclose material facts
- Bait and switch: Advertising one deal, selling another
- False advertising: Misleading claims about products or prices
- Warranty violations: Failing to honor written or implied warranties
- Unfair contract terms: One-sided or unconscionable provisions
- Deceptive pricing: Hidden fees, inflated regular prices
- Coercive practices: High-pressure sales tactics
Elements of a CPA Claim
To prevail on a CPA claim, you must prove:
- Unfair or deceptive act: Conduct with capacity to deceive a substantial portion of the public
- In trade or commerce: Business or commercial context (broadly interpreted)
- Public interest: Affects the public interest, not just a private dispute
- Injury: You suffered harm (actual damages)
- Causation: The unfair/deceptive act caused your injury
CPA Remedies and Damages
Washington's CPA provides generous remedies for successful plaintiffs:
Available Damages
| Damage Type | Description |
|---|---|
| Actual Damages | Your actual monetary loss |
| Treble Damages | Up to 3x actual damages (court discretion) |
| Attorney Fees | Mandatory for prevailing plaintiffs |
| Costs | Filing fees, service costs, expert fees |
| Injunctive Relief | Court order stopping the practice |
Four-Year Statute of Limitations: CPA claims must be filed within 4 years of when the injury occurred or was discovered (RCW 19.86.120). Act promptly to preserve your rights.
Security Deposit Rights
Washington's Residential Landlord-Tenant Act (RCW 59.18) provides strong protections for renters regarding security deposits.
Security Deposit Rules
- No statutory limit: Washington does not cap security deposit amounts
- Written checklist: Landlord must provide move-in/move-out checklist
- Trust account: Must be held in a trust account
- Written notice: Landlord must disclose bank name and address
Security Deposit Return Requirements
- Return deadline: 21 days after tenant vacates and provides forwarding address
- Itemized statement: Must provide written statement of any deductions
- Normal wear and tear: Cannot be deducted from deposit
- Failure to comply: Landlord may forfeit right to any portion of deposit
Remedies for Deposit Violations
Under RCW 59.18.280, if a landlord fails to comply with deposit return requirements:
- Full deposit return: May forfeit all deductions
- Up to 2x deposit: Court may award up to double the deposit amount
- Attorney fees: Prevailing tenant recovers attorney fees
- CPA claim: Intentional violations may also support a CPA claim
Washington Small Claims Court
Small claims court is an accessible way to pursue consumer claims without an attorney.
Small Claims Court Details
| Detail | Information |
|---|---|
| Maximum claim | $10,000 |
| Filing fee | $35-$75 (varies by county and amount) |
| Where to file | District Court, Small Claims Department |
| Attorneys allowed | No (parties must represent themselves) |
| CPA claims | Yes, can pursue CPA in small claims |
| Appeal | Yes, to Superior Court within 30 days |
Filing a Small Claims Case
- Determine proper court: File where defendant lives, does business, or where dispute occurred
- Complete claim form: "Notice of Small Claim" available at court or online
- Calculate damages: Include actual damages, potential treble damages for CPA
- Pay filing fee: $35-$75
- Serve the defendant: By certified mail, process server, or sheriff
- Prepare evidence: Contracts, receipts, photos, correspondence
- Attend hearing: Present your case to the judge
- Receive judgment: Usually within a few days
Lemon Law Protections
Washington's Lemon Law (RCW 19.118) protects new car buyers from vehicles with persistent defects.
Coverage Requirements
- New vehicles: Purchased or leased in Washington
- Coverage period: 2 years or 24,000 miles (whichever first)
- Reasonable attempts: Manufacturer had reasonable attempts to repair
When Your Vehicle Qualifies
- 4 repair attempts: Same defect repaired 4+ times without success
- 30 days out of service: Cumulative days for warranty repairs
- Safety defect: 2 attempts for brake/steering issues
Lemon Law Remedies
- Full refund of purchase price (minus reasonable use allowance)
- OR replacement with comparable new vehicle
- Incidental costs (towing, rental car)
Auto Repair Rights
Washington regulates auto repair shops to protect consumers.
Required Disclosures
- Written estimate: Required before work begins
- Authorization: Cannot exceed estimate without approval
- Itemized invoice: Parts, labor, and prices must be listed
- Old parts: You can request return of replaced parts
- Warranty disclosure: Must explain any warranty on repairs
Contractor and Home Improvement
Washington regulates contractors to protect homeowners.
Contractor Registration
- Registration required: All contractors must register with L&I
- Bond requirement: $12,000 surety bond for general contractors
- License verification: Check at lni.wa.gov/verify
Recovery Options
- Contractor's bond: File claim against surety bond
- CPA claim: Pursue unfair/deceptive practices claim
- L&I complaint: File with Department of Labor & Industries
Unregistered Contractors: If a contractor isn't registered, they cannot sue you for payment, and their failure to register may support a CPA claim.
Filing Complaints in Washington
Washington Attorney General Consumer Protection Division
- Online: atg.wa.gov/file-complaint
- Phone: 1-800-551-4636
- Mail: Consumer Protection Division, 800 5th Ave, Suite 2000, Seattle, WA 98104
Specialized Agencies
| Issue Type | Agency |
|---|---|
| Contractor disputes | Department of Labor & Industries |
| Auto dealer issues | Department of Licensing |
| Insurance complaints | Office of Insurance Commissioner |
| Utility disputes | Utilities and Transportation Commission |
Statute of Limitations
| Claim Type | Time Limit | Statute |
|---|---|---|
| CPA Claims | 4 years | RCW 19.86.120 |
| Written Contracts | 6 years | RCW 4.16.040 |
| Oral Contracts | 3 years | RCW 4.16.080 |
| Property Damage | 3 years | RCW 4.16.080 |
| Personal Injury | 3 years | RCW 4.16.080 |
Writing a CPA Demand Letter
A well-crafted demand letter citing the CPA can often resolve disputes without court.
Effective Demand Letter Elements
- Your information: Name, address, phone, email
- Business information: Company name and address
- Facts: What happened, when, how you were harmed
- Legal basis: Cite RCW 19.86.020 (CPA)
- Damages: Actual damages and potential treble damages
- Deadline: 10-14 days to respond
- Attorney fees warning: Note that CPA requires attorney fee award
Sample Demand Letter Language
"Your conduct constitutes an unfair and deceptive practice under Washington's Consumer Protection Act (RCW 19.86.020). I suffered actual damages of $[amount]. Under RCW 19.86.090, I am entitled to recover my actual damages, up to treble damages, and reasonable attorney fees and costs. I demand payment of $[amount] within 14 days. If this matter is not resolved, I will pursue legal action and seek the maximum remedies available."
Frequently Asked Questions
What are treble damages under Washington's CPA?
Treble damages means the court can award up to three times your actual damages. Unlike some states where treble damages are automatic, Washington courts have discretion to award up to treble damages based on the nature of the violation. However, attorney fees are mandatory for prevailing plaintiffs.
How long does my landlord have to return my security deposit?
Under RCW 59.18.280, landlords must return security deposits within 21 days after the tenant vacates and provides a forwarding address. The landlord must also provide an itemized statement of any deductions. Failure to comply can result in forfeiture of the deposit and up to double damages.
Can I sue a business under the CPA in small claims court?
Yes. You can pursue CPA claims in Washington small claims court for amounts up to $10,000. However, attorneys are not allowed in small claims court, so you would represent yourself. For larger claims or complex cases, you may want to hire an attorney for Superior Court.
What does "public interest" mean for a CPA claim?
Public interest means the unfair practice could affect other consumers, not just you. This is usually satisfied by showing the defendant's conduct was part of a pattern or could impact other potential customers. Courts broadly interpret this requirement to favor consumer protection.
How do I know if a contractor is registered in Washington?
Check contractor registration at lni.wa.gov/verify using the contractor's name, business name, or license number. All contractors must be registered with the Department of Labor & Industries and carry a $12,000 surety bond. Working with unregistered contractors is risky.
Can I recover attorney fees if I win my CPA case?
Yes. Under RCW 19.86.090, prevailing plaintiffs in CPA cases are entitled to recover reasonable attorney fees and costs. This is mandatory, not discretionary, making it easier to find an attorney willing to take your case on contingency.
Key Resources
- WA Attorney General Consumer Protection: atg.wa.gov or 1-800-551-4636
- WA Courts Self-Help: courts.wa.gov/newsinfo/resources
- WA State Bar Lawyer Referral: 1-800-945-9722
- Northwest Justice Project (free legal help): nwjustice.org
- Contractor Verification: lni.wa.gov/verify
Enforce Your Consumer Rights in Washington
Generate a professional demand letter citing Washington's CPA, security deposit laws, or other consumer protections.
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