Washington State Consumer Protection Act Guide

Washington's Consumer Protection Act (CPA), codified at RCW 19.86, is one of the most powerful consumer protection laws in the country. It provides a private right of action for any unfair or deceptive business practice, with treble damages and attorney fees available.

This guide explains how to use Washington's CPA to recover damages from deceptive businesses, file complaints with the Attorney General, and navigate the state's court system for consumer disputes.

The Five Elements

To win a CPA claim, you must prove:

1. Unfair or deceptive act: The business did something misleading or unfair
2. In trade or commerce: It happened in a business transaction
3. Public interest impact: The practice could affect others (usually satisfied)
4. Injury: You suffered some harm
5. Causation: The deceptive act caused your injury

What Counts as Deceptive?

Washington courts interpret "deceptive" broadly:

• Misleading advertising or marketing
• Hidden fees or charges
• Bait-and-switch tactics
• Failure to disclose material information
• False promises or guarantees
• Misrepresenting product quality

What You Can Recover

Available Remedies

• Actual damages: What you lost due to the deception
• Treble damages: Up to 3x actual damages for willful violations
• Attorney fees: Mandatory if you prevail
• Costs: Filing fees and court costs
• Injunctive relief: Court order to stop the practice

Common CPA Claims

Auto Sales and Repairs

• Odometer rollback
• Undisclosed accident history
• Unauthorized repairs
• Inflated repair estimates
• Selling salvage vehicles as clean title

Home Improvement

• Unlicensed contractors (automatic CPA violation)
• Abandoned projects
• Substandard work
• Bait-and-switch on materials
• Failure to obtain required permits
• Misrepresenting qualifications or experience

Retail and E-Commerce

• False advertising or bait-and-switch tactics
• Failure to deliver goods as promised
• Subscription traps and unauthorized recurring charges
• Excessive or undisclosed restocking fees
• Counterfeit or misrepresented products

Security Deposits in Washington

Washington has strong security deposit protections:

• Return deadline: 21 days after move-out
• Written checklist: Required at move-in and move-out
• Itemization: Must list all deductions with costs
• Penalty: Up to 2x deposit for wrongful withholding

The Checklist Requirement

If a landlord fails to provide the required move-in checklist, they forfeit the right to withhold for damages unless the damage exceeds normal wear and tear. This is strictly enforced.

Washington Lemon Law

Washington's Lemon Law (RCW 19.118) covers:

• New vehicles with substantial defects
• Defect must substantially impair use, value, or safety
• Must have 4 repair attempts or 30 days out of service
• Manufacturer must refund or replace
• Includes motorcycles, motor homes, and RVs
• Applies during first 24 months or 24,000 miles

Before filing a Lemon Law claim, you must participate in the manufacturer's arbitration program if one exists. If arbitration fails or the manufacturer doesn't have a certified program, you can proceed directly to court.

Filing a CPA Lawsuit

Small Claims Option

Washington small claims court handles cases up to $10,000:

• Filing fee: $35-$75
• No lawyers allowed
• Informal procedure
• Can still get CPA damages

Superior Court

For larger claims or when you want attorney representation:

• No cap on damages
• Attorney fees recoverable
• More formal procedure
• Longer timeline

Demand Letter Strategy

Before filing suit, a demand letter citing the CPA often gets results. Include:

1. Specific description of the deceptive practice
2. Citation to RCW 19.86
3. Your actual damages with documentation
4. Notice that treble damages are available
5. Notice that you'll seek attorney fees
6. Deadline to respond (typically 14 days)

Attorney General Complaints

You can also file a complaint with the Washington Attorney General's Consumer Protection Division:

• Free to file online, by phone, or by mail
• AG may investigate patterns of abuse
• Can result in enforcement action against the business
• Creates public record searchable by other consumers
• May prompt settlement offers from businesses wanting to avoid investigation

Filing with the AG doesn't prevent you from also filing your own lawsuit. Many consumers do both simultaneously.

Statute of Limitations

CPA claims must be filed within 4 years of when you discovered (or should have discovered) the violation. The clock starts from discovery, not from when the violation occurred. Don't wait too long to act - courts are strict about this deadline.

Washington Consumer Resources

These official Washington state agencies and resources can assist with consumer disputes:

• WA Attorney General - File a Complaint: Report deceptive business practices and file complaints
• Washington Courts Forms: Official court forms for small claims and civil cases
• WA L&I Contractor Registration: Verify contractor licenses and file complaints
• Northwest Justice Project: Free legal aid for low-income Washington residents

Frequently Asked Questions

What makes Washington's Consumer Protection Act so powerful?

Washington's CPA is considered one of the strongest in the nation for several reasons: it broadly covers any "unfair or deceptive act" without requiring the conduct to be specifically listed; it provides for treble (triple) damages for willful violations; it mandates attorney fee awards to prevailing plaintiffs, making it easier to find legal representation; and the "public interest" element is easily satisfied in most cases. This combination makes businesses take CPA claims seriously.

Do I need to prove the business intended to deceive me?

No. Unlike common law fraud, the CPA doesn't require proving the business knew their conduct was deceptive or intended to mislead you. You only need to prove that the conduct was objectively deceptive and that it caused you harm. However, proving willful misconduct can increase your damages from actual to treble (3x actual damages).

What counts as "public interest impact" under the CPA?

This element is usually easy to satisfy. Courts look at whether the deceptive practice could potentially affect other consumers. If a business uses the same misleading advertising, contract terms, or sales tactics with multiple customers, public interest is established. Per se CPA violations (like unlicensed contracting) automatically satisfy this element.

Can I file a CPA claim for a single bad transaction?

Yes, if the practice could potentially affect others. Courts have held that public interest is established even in individual transactions if the business's conduct represents a practice it could repeat with other customers. The key is whether the business operates in a way that exposes multiple consumers to the same unfair practice.

What is the minimum amount needed to file a CPA lawsuit?

There is no minimum. You can file in small claims court for any amount up to $10,000 with filing fees of $35-$75. For amounts under a few hundred dollars, small claims is practical. For larger amounts, consider district or superior court where you can recover attorney fees, which makes legal representation economically viable.

Does the CPA cover disputes with landlords?

Sometimes. While standard landlord-tenant disputes (repairs, security deposits) typically fall under the Residential Landlord-Tenant Act (RCW 59.18), the CPA can apply when landlords engage in deceptive advertising about properties, misrepresent rental terms, or operate as a business in ways that affect multiple tenants. Property management companies are more likely to be subject to the CPA than individual landlords.