title: RCW 19.16.340

text:
All records of the board shall be kept in the office of the director. Copies of all records and papers of the board, certified to be true copies by the director, shall be received in evidence in all cases with like effect as the originals. All actions by the board which require publication, or any writing shall be over the signature of the director or his or her designee.
[ 2011 c 336 s 526; 1971 ex.s. c 253 s 25.]

catchline: Board—Records.


doc_type: statute

jurisdiction: wa

title: RCW 19.16.351

text:
The board, in addition to any other powers and duties granted under this chapter and RCW 18.235.030:
(1) May adopt, amend, and rescind rules for its own organization and procedure and other rules as it may deem necessary in order to perform its duties under this chapter.
(2) May inquire into the needs of the collection agency business, the needs of the director, and the matter of the policy of the director in administering this chapter, and make such recommendations with respect thereto as, after consideration, may be deemed important and necessary for the welfare of the state, the welfare of the public, and the welfare and progress of the collection agency business.
(3) Upon request of the director, confer and advise in matters relating to the administering of this chapter.
(4) May consider and make appropriate recommendations to the director in all matters referred to the board.
(5) Upon request of the director, confer with and advise the director in the preparation of any rules to be adopted, amended, or repealed.
(6) May assist the director in the collection of such information and data as the director may deem necessary to the proper administration of this chapter.
[ 2002 c 86 s 267; 1977 ex.s. c 194 s 2; 1973 1st ex.s. c 20 s 8.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Additional powers and duties of board.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 19.16.390

text:
Personal service of any process in an action under this chapter may be made upon any person outside the state if such person has engaged in conduct in violation of this chapter which has had the impact in this state which this chapter reprehends. Such persons shall be deemed to have thereby submitted themselves to the jurisdiction of the courts of this state within the meaning of RCW 4.28.180 and 4.28.185. A holder of an out-of-state collection agency license is deemed to have appointed the director or the director's designee to be the licensee's true and lawful agent upon whom may be served any legal process against that licensee arising or growing out of any violation of this chapter.
[ 1994 c 195 s 9; 1971 ex.s. c 253 s 30.]

catchline: Personal service of process outside state.


title: RCW 19.16.410

text:
The board may adopt rules, make specific decisions, orders, and rulings, including therein demands and findings, and take other necessary action for the implementation and enforcement of the board's duties under this chapter.
[ 2007 c 256 s 4; 1971 ex.s. c 253 s 32.]

catchline: Rules, orders, decisions, etc.


title: RCW 19.16.420

text:
On or about the first day of February in each year, the director shall cause to be made available at reasonable expense to a licensee a copy of this chapter, a copy of the current rules and regulations of the director, and board, and such other materials as the director or board prescribe.
[ 1971 ex.s. c 253 s 33.]

catchline: Copy of this chapter, rules and regulations available to licensee.


title: RCW 19.16.430

text:
(1) Any person who knowingly operates as a collection agency or out-of-state collection agency without a license or knowingly aids and abets such violation is punishable by a fine not exceeding five hundred dollars or by imprisonment not exceeding one year or both.
(2) Any person who operates as a collection agency or out-of-state collection agency in the state of Washington without a valid license issued pursuant to this chapter shall not charge or receive any fee or compensation on any moneys received or collected while operating without a license or on any moneys received or collected while operating with a license but received or collected as a result of his, her, or its acts as a collection agency or out-of-state collection agency while not licensed hereunder. All such moneys collected or received shall be forthwith returned to the owners of the accounts on which the moneys were paid.
[ 2011 c 336 s 527; 1994 c 195 s 10; 1973 1st ex.s. c 20 s 6; 1971 ex.s. c 253 s 34.]

catchline: Violations—Operating agency without a license—Penalty—Return of fees or compensation.


title: RCW 19.16.440

text:
The operation of a collection agency or out-of-state collection agency without a license as prohibited by RCW 19.16.110 and the commission by a licensee or an employee of a licensee of an act or practice prohibited by RCW 19.16.250 or 19.16.260 are declared to be unfair acts or practices or unfair methods of competition in the conduct of trade or commerce for the purpose of the application of the consumer protection act found in chapter 19.86 RCW.
[ 2020 c 30 s 3; 1994 c 195 s 11; 1973 1st ex.s. c 20 s 7; 1971 ex.s. c 253 s 35.]
Notes:
Application—2020 c 30: See note following RCW 19.16.100.

catchline: Collection agency—Prohibited acts—Unfair and deceptive trade practices under chapter 19.86 RCW.


title: RCW 19.16.450

text:
If an act or practice in violation of RCW 19.16.250 or 19.16.260 is committed by a licensee or an employee of a licensee in the collection of a claim, neither the licensee, the customer of the licensee, nor any other person who may thereafter legally seek to collect on such claim shall ever be allowed to recover any interest, service charge, attorneys' fees, collection costs, delinquency charge, or any other fees or charges otherwise legally chargeable to the debtor on such claim: PROVIDED, That any person asserting the claim may nevertheless recover from the debtor the amount of the original claim or obligation.
[ 2020 c 30 s 4; 1971 ex.s. c 253 s 36.]
Notes:
Application—2020 c 30: See note following RCW 19.16.100.

catchline: Violation of RCW 19.16.250 or 19.16.260—Additional penalty.


title: RCW 19.16.460

text:
Notwithstanding any other actions which may be brought under the laws of this state, the attorney general or the prosecuting attorney of any county within the state may bring an action in the name of the state against any person to restrain and prevent any violation of this chapter.
[ 1971 ex.s. c 253 s 37.]

catchline: Violations may be enjoined.


title: RCW 19.16.470

text:
The attorney general may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person engaging in or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has his, her, or its principal place of business, or in the alternative, in Thurston county.
Such assurance of discontinuance shall not be considered an admission of a violation for any purpose; however, proof of failure to perform the terms of any such assurance shall constitute prima facie proof of a violation of this chapter for the purpose of securing an injunction as provided for in RCW 19.16.460: PROVIDED, That after commencement of any action by a prosecuting attorney, as provided therein, the attorney general may not accept an assurance of discontinuance without the consent of said prosecuting attorney.
[ 2011 c 336 s 528; 1971 ex.s. c 253 s 38.]


title: RCW 19.16.480

text:
Any person who violates any injunction issued pursuant to this chapter shall forfeit and pay a civil penalty of not more than twenty-five thousand dollars. For the purpose of this section the superior court issuing any injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties.
[ 1971 ex.s. c 253 s 39.]

catchline: Violation of injunction—Civil penalty.


title: RCW 19.16.500

text:
(1)(a) Agencies, departments, taxing districts, political subdivisions of the state, counties, and cities may retain, by written contract, collection agencies licensed under this chapter for the purpose of collecting public debts owed by any person, including any restitution that is being collected on behalf of a crime victim.
(b) Any governmental entity as described in (a) of this subsection using a collection agency may add a reasonable fee, payable by the debtor, to the outstanding debt for the collection agency fee incurred or to be incurred. The amount to be paid for collection services shall be left to the agreement of the governmental entity and its collection agency or agencies, but a contingent fee of up to fifty percent of the first one hundred thousand dollars of the unpaid debt per account and up to thirty-five percent of the unpaid debt over one hundred thousand dollars per account is reasonable, and a minimum fee of the full amount of the debt up to one hundred dollars per account is reasonable. Any fee agreement entered into by a governmental entity is presumptively reasonable.
(2) No debt may be assigned to a collection agency unless (a) there has been an attempt to advise the debtor (i) of the existence of the debt and (ii) that the debt may be assigned to a collection agency for collection if the debt is not paid, and (b) at least thirty days have elapsed from the time notice was attempted.
(3) Collection agencies assigned debts under this section shall have only those remedies and powers which would be available to them as assignees of private creditors.
(4) For purposes of this section, the term debt shall include fines and other debts, including the fee allowed under subsection (1)(b) of this section.
[ 2011 c 57 s 2; 1997 c 387 s 1; 1982 c 65 s 1.]
Notes:
Interest rate: RCW 43.17.240.

catchline: Public bodies may retain collection agencies to collect public debts—Fees.


title: RCW 19.16.510

text:
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2002 c 86 s 268.]
Notes:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.

catchline: Uniform regulation of business and professions act.


title: RCW 19.16.900

text:
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy available at law: PROVIDED, That the violation of RCW 19.16.250 shall be construed as exclusively civil and not penal in nature.
[ 1971 ex.s. c 253 s 40.]

catchline: Provisions cumulative—Violation of RCW 19.16.250 deemed civil.


title: RCW 19.16.920

text:
(1) The provisions of this chapter relating to the licensing and regulation of collection agencies and out-of-state collection agencies shall be exclusive and no county, city, or other political subdivision of this state shall enact any laws or rules and regulations licensing or regulating collection agencies.
(2) This section shall not be construed to prevent a political subdivision of this state from levying a business and occupation tax upon collection agencies or out-of-state collection agencies maintaining an office within that political subdivision if a business and occupation tax is levied by it upon other types of businesses within its boundaries.
[ 1994 c 195 s 12; 1971 ex.s. c 253 s 42.]

catchline: Provisions exclusive—Authority of political subdivisions to levy business and occupation taxes not affected.


title: RCW 19.16.930

text:
This act shall become effective January 1, 1972.
[ 1971 ex.s. c 253 s 44.]

catchline: Effective date—1971 ex.s. c 253.


title: RCW 19.16.940

text:
This chapter shall be known and may be cited as the "Collection Agency Act".
[ 1971 ex.s. c 253 s 45.]

catchline: Short title.


title: RCW 19.16.950

text:
Section headings used in this chapter shall not constitute any part of the law.
[ 1971 ex.s. c 253 s 46.]

catchline: Section headings.


title: RCW 19.16.960

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 52.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 19.160.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Local telephone directory" means a publication listing telephone numbers for various businesses in a certain geographic area and distributed free of charge to some or all telephone subscribers in that area.
(2) "Local telephone number" means a specific telephone number, area code and prefix, assigned for the purpose of completing local calls between a calling party or station and any other party or station within a designated exchange or all of its designated local calling areas. The term "local telephone number" does not include long distance telephone numbers or any toll-free telephone numbers listed in a local telephone directory.
(3) "Person" means an individual, partnership, limited liability partnership, corporation, or limited liability corporation.
[ 2015 c 168 s 1; 1999 c 156 s 1.]

catchline: Definitions.


title: RCW 19.160.020

text:
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of this chapter are not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 1999 c 156 s 3.]

catchline: Finding—Application of consumer protection act.


title: RCW 19.160.030

text:
(1) For purposes of this section, "floral or ornamental products or services" means floral arrangements, cut flowers, floral bouquets, potted plants, balloons, floral designs, and related products and services.
(2) It is a violation for a provider or vendor of floral or ornamental products or services to misrepresent the geographic location of its business by doing either of the following:
(a) Listing a local telephone number in any advertisement or listing, unless the advertisement or listing identifies the true physical address, including the city, of the provider's or vendor's business; or
(b) Listing a fictitious business name or an assumed business name in any advertisement or listing if both of the following criteria are met:
(i) The name of the business misrepresents the provider's or vendor's geographic location; and
(ii) The advertisement or listing does not identify the true physical address, including the city and state, of the provider's or vendor's business.
(3) A violation of this section is punishable, exclusively, by a fine not to exceed two hundred fifty dollars.
(4) This section does not create or impose any duty or obligation on a person other than a vendor or provider of floral or ornamental products or services.
(5) This section does not apply to any of the following:
(a) A publisher of a telephone directory or other publication or a provider of a directory assistance service publishing or providing information about another business.
(b) An internet website that aggregates and provides information about other businesses.
(c) An owner or publisher of a print advertising medium providing information about other businesses.
(d) An internet service provider.
(e) An internet service that displays or distributes advertisements for other businesses.
[ 2015 c 168 s 2; 1999 c 156 s 2.]

catchline: Floral or ornamental products or services—Misrepresentation of geographic location—Penalty—Exemptions.


title: RCW 19.162.010

text:
(1) The legislature finds that the deceptive use of pay-per-call information delivery services is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW.
(2) The deceptive use of pay-per-call information delivery services is not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW, and constitutes an act of deceptive pay-per-call information delivery service.
(3) This chapter applies to a communication made by a person in Washington or to a person in Washington.
[ 1991 c 191 s 1.]

catchline: Application of consumer protection act—Scope.


title: RCW 19.162.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Person" means an individual, corporation, the state or its subdivisions or agencies, business trust, estate, trust, partnership, association, cooperative, or any other legal entity.
(2) "Information delivery services" means telephone-recorded messages, interactive programs, or other information services that are provided for a charge to a caller through an exclusive telephone number prefix or service access code.
(3) "Information provider" means the person who provides the information, prerecorded message, or interactive program for the information delivery service. The information provider generally receives a portion of the revenue from the calls. "Information provider" does not include the medium for advertising information delivery services.
(4) "Interactive program" means a program that allows an information delivery service caller, once connected to the information provider's delivery service, to use the caller's telephone device to access more specific information or further information or to talk to other callers during the call.
(5) "Telecommunications company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, and every city or town owning, operating, or managing any facilities used to provide telecommunications for hire, sale, or resale to the general public within the state of Washington.
(6) "Interexchange carrier" means a carrier providing transmissions between local access and transport areas interstate or intrastate.
(7) "Billing services" means billing and collection services provided to information providers whether by the local exchange company or the interexchange carrier.
(8) "Program message" means the information that a caller hears or receives upon placing a call to an information provider.
(9) "Advertisement" includes all radio, television, or other broadcast, video, newspaper, magazine, or publication, billboard, direct mail, print media, telemarketing, or any promotion of an information delivery service, program, or number, and includes brochures, pamphlets, fliers, coupons, promotions, or the labeling of products or in-store communications circulated or distributed in any manner whatsoever. "Advertisement" does not include any listing in a white page telephone directory. In a yellow page telephone directory, "advertisement" includes only yellow page display advertising.
(10) "Subscriber" means the person in whose name an account is billed.
(11) "Does business in Washington" includes providing information delivery services to Washington citizens, advertising information delivery services in Washington, entering into a contract for billing services in Washington, entering into a contract in Washington with a telecommunications company or interexchange carrier for transmission services, or having a principal place of business in Washington.
[ 1991 c 191 s 2.]


title: RCW 19.162.030

text:
(1) An information provider that does business in Washington must include a preamble in all program messages for:
(a) Programs costing more than five dollars per minute; or
(b) Programs having a total potential cost of greater than ten dollars.
(2) The preamble must:
(a) Accurately describe the service that will be provided by the program;
(b) Advise the caller of the price of the call, including:
(i) Any per minute charge;
(ii) Any flat rate charge; and
(iii) Any minimum charge;
(c) State that billing will begin shortly after the end of the introductory message; and
(d) Be clearly articulated, at a volume equal to that of the program message, in plain English or the language used to promote the information delivery service, and spoken in a normal cadence.
(3) Mechanisms that provide for the option of bypassing the preamble are only permitted when:
(a) The caller has made use of the information provider's service in the past, at which time the preamble required by this section was part of the program message; and
(b) The cost of the call has not changed during the thirty-day period before the call.
(4) When an information provider's program message consists of a polling application that permits the caller to register an opinion or vote on a matter by completing a call, this section does not apply.
[ 1991 c 191 s 3.]

catchline: Program message preamble.


title: RCW 19.162.040

text:
An information provider that does business in Washington shall comply with the following provisions in its advertisement of information delivery services:
(1) Advertisements for information delivery services that are broadcast by radio or television, contained in home videos, or that appear on movie screens must include a voice-over announcement that is clearly audible and articulates the price of the service provided. The announcement must be made at a volume equal to that used to announce the telephone number, spoken in a normal cadence, and in plain English or the language used in the advertisement.
(2) Advertisements for information delivery services that are broadcast by television, contained in home videos, or that appear on movie screens must include, in clearly visible letters and numbers, the cost of calling the advertised number. This visual disclosure of the cost of the call must be displayed adjacent to the number to be called whenever the number is shown in the advertisement, and the lettering of the visual disclosure of the cost must be in the same size and typeface as that of the number to be called.
(3)(a) Except as otherwise provided in (b) of this subsection, advertisements for information delivery services that appear in print must include, in clearly visible letters and numbers, the cost of calling the advertised number. The printed disclosure of the cost of the call must be displayed adjacent to the number to be called wherever the number is shown in the advertisement.
(b) In telephone directory yellow page display advertising and in printed materials published not more than three times a year, instead of disclosing the cost of the service, advertisements for information delivery services, shall include the conspicuous disclosure that the call is a pay-per-call service.
(4) The advertised price or cost of the information delivery service must include:
(a) Any per minute charge;
(b) Any flat rate charge; and
(c) Any minimum charge.
[ 1991 c 191 s 4.]

catchline: Advertisement of services.


title: RCW 19.162.050

text:
An information provider that does business in the state of Washington shall not direct information delivery services to children under the age of twelve years unless the information provider complies with the following provisions:
(1) Interactive calls where children under the age of twelve years can speak to other children under the age of twelve years are prohibited.
(2) Programs directed to children under the age of twelve where the children are asked to provide their names, addresses, telephone numbers, or other identifying information are prohibited.
(3) Advertisements for information delivery services that are directed to children under the age of twelve years must contain a visual disclosure that clearly and conspicuously in the case of print and broadcast advertising, and audibly in the case of broadcast advertising, states that children under the age of twelve years must obtain parental consent before placing a call to the advertised number.
(4) Program messages that encourage children under the age of twelve years to make increased numbers of calls in order to obtain progressively more valuable prizes, awards, or similarly denominated items are prohibited.
(5) Advertisements for information delivery services that are directed to children under the age of twelve years must contain, in age-appropriate language, an accurate description of the services being provided. In the case of print advertising, the information must be clear and conspicuous and in the case of broadcast advertising, it must be visually displayed clearly and conspicuously and verbally disclosed in an audible, clearly articulated manner.
(6) Program messages that are directed to children under the age of twelve years that employ broadcast advertising where an electronic tone signal is emitted during the broadcast of the advertisement that automatically dials the program message are prohibited.
[ 1991 c 191 s 5.]

catchline: Services directed at children.


title: RCW 19.162.060

text:
An information provider's failure to substantially comply with any of the provisions of RCW 19.162.030 through 19.162.050 is a defense to the nonpayment of charges accrued as a result of using the information provider's services, billed by any entity, including but not limited to telecommunications companies and interexchange carriers.
[ 1991 c 191 s 6.]

catchline: Nonpayment of charges.


title: RCW 19.162.070

text:
A person who suffers damage from a violation of this chapter may bring an action against an information provider. In an action alleging a violation of this chapter, the court may award the greater of three times the actual damages sustained by the person or five hundred dollars; equitable relief, including but not limited to an injunction and restitution of money and property; attorneys' fees and costs; and any other relief that the court deems proper. For purposes of this section, a telecommunications company or interexchange carrier is a person.
[ 1991 c 191 s 7.]

catchline: Violations—Action for damages.


title: RCW 19.166.010

text:
It is the intent of the legislature to:
(1) Promote the health, safety, and welfare of international student exchange visitors in Washington in accordance with uniform national standards;
(2) Promote quality education and living experiences for international student exchange visitors living in Washington;
(3) Promote international awareness among Washington residents, by encouraging Washington residents to interact with international student exchange visitors;
(4) Encourage public confidence in international student exchange visitor placement organizations operating in Washington;
(5) Encourage and assist with compliance with United States information agency regulations and nationally established standards; and
(6) Promote the existence and quality of international student visitor exchange programs operating in Washington.
[ 1991 c 128 s 1.]

catchline: Intent.


title: RCW 19.166.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "International student exchange visitor placement organization" or "organization" means a person, partnership, corporation, or other entity that regularly arranges the placement of international student exchange visitors for the purpose, in whole or in part, of allowing the student an opportunity to attend school in the United States.
(2) "International student exchange visitor" or "student" means any person eighteen years of age or under, or up to age twenty-one if enrolled or to be enrolled in high school in this state, placed by an international student exchange visitor placement organization, who enters the United States with a nonimmigrant visa.
[ 1991 c 128 s 2.]


title: RCW 19.166.030

text:
(1) All international student exchange visitor placement organizations that place students in public schools in the state shall register with the secretary of state.
(2) Failure to register is a violation of this chapter.
(3) Information provided to the secretary of state under this chapter is a public record.
(4) Registration shall not be considered or be represented as an endorsement of the organization by the secretary of state or the state of Washington.
(5) On a date established by rule by the secretary of state, the secretary of state shall provide annually to the superintendent of public instruction a list of all currently registered international student placement organizations. The superintendent of public instruction shall distribute annually the list of all currently registered international student placement organizations to all Washington state school districts.
[ 1995 c 60 s 1; 1991 c 128 s 3.]

catchline: Organization registration.


title: RCW 19.166.040

text:
(1) An application for registration as an international student exchange visitor placement organization shall be submitted in the form prescribed by the secretary of state. The application shall include:
(a) Evidence that the organization meets the standards established by the secretary of state under RCW 19.166.050;
(b) The name, address, and telephone number of the organization, its chief executive officer, and the person within the organization who has primary responsibility for supervising placements within the state;
(c) The organization's unified business identification number, if any;
(d) The organization's United States Information Agency number, if any;
(e) Evidence of council on standards for international educational travel listing, if any;
(f) Whether the organization is exempt from federal income tax; and
(g) A list of the organization's placements in Washington for the previous academic year including the number of students placed, their home countries, the school districts in which they were placed, and the length of their placements.
(2) The application shall be signed by the chief executive officer of the organization and the person within the organization who has primary responsibility for supervising placements within Washington. If the secretary of state determines that the application is complete, the secretary of state shall file the application and the applicant is registered.
(3) International student exchange visitor placement organizations that have registered shall inform the secretary of state of any changes in the information required under subsection (1) of this section within thirty days of the change.
(4) Registration shall be renewed annually as established by rule by the office of the secretary of state.
(5) Reinstatement procedures shall be established by rule by the office of the secretary of state.
(6) The office of the secretary of state shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the office of the secretary of state's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 2026 c 80 s 2; 1997 c 58 s 854; 1995 c 60 s 2; 1991 c 128 s 5.]
Notes:
*Reviser's note: 1997 c 58 s 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.

catchline: Organization application for registration—Suspension of license or certificate for noncompliance with support order—Reinstatement.


title: RCW 19.166.050

text:
The secretary of state shall adopt standards for international student exchange visitor placement organizations. In adopting the standards, the secretary of state shall strive to adopt standards established by the United States Information Agency and the council on standards for international educational travel and strive to achieve uniformity with national standards. The secretary of state may incorporate standards established by the United States Information Agency or the council on standards for international educational travel by reference and may accept an organization's designation by the United States Information Agency or acceptance for listing by the council on standards for international educational travel as evidence of compliance with such standards.
[ 1991 c 128 s 4.]

catchline: Standards.


title: RCW 19.166.060

text:
The secretary of state may adopt rules as necessary to carry out its duties under this chapter. The rules may include providing for a reasonable registration fee, not to exceed fifty dollars, to defray the costs of processing registrations.
[ 1991 c 128 s 6.]

catchline: Rules—Fee.


title: RCW 19.166.070

text:
International student exchange organizations that have agreed to provide services to place students in the state shall provide an informational document, in English, to each student, host family, and superintendent of the school district in which the student is being placed. The document shall be provided before placement and shall include the following:
(1) An explanation of the services to be performed by the organization for the student, host family, and school district;
(2) A summary of this chapter prepared by the secretary of state;
(3) Telephone numbers that the student, host family, and school district may call for assistance. The telephone numbers shall include, at minimum, an in-state telephone number for the organization, and the telephone numbers of the organization's national headquarters, if any, the United States Information Agency, and the office of the secretary of state.
[ 1991 c 128 s 7.]

catchline: Informational document.


title: RCW 19.166.080

text:
The secretary of state may, upon receipt of a complaint regarding an international student exchange organization, report the matter to the organization involved, the United States Information Agency, or the council on standards for international education travel, as he or she deems appropriate.
[ 1991 c 128 s 8.]

catchline: Complaints.


title: RCW 19.166.090

text:
Any person who violates any provision of this chapter or who willfully and knowingly gives false or incorrect information to the secretary of state, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or not such statement or report is verified, is guilty of a misdemeanor punishable under chapter 9A.20 RCW.
[ 2000 c 171 s 75; 1991 c 128 s 9.]

catchline: Violations—Misdemeanor.


title: RCW 19.166.100

text:
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of this chapter are not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 1991 c 128 s 10.]

catchline: Violations—Consumer protection act.


title: RCW 19.166.901

text:
Sections 1 through 11 and 13 through 16 of this act shall take effect January 1, 1992.
[ 1991 c 128 s 17.]

catchline: Effective date—1991 c 128.


title: RCW 19.170.010

text:
(1) The legislature finds that deceptive promotional advertising of prizes is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW.
(2) Deceptive promotional advertising of prizes is not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW, and constitutes an act of deceptive promotional advertising.
(3) This chapter applies to a promotion offer:
(a) Made to a person in Washington;
(b) Used to induce or invite a person to come to the state of Washington to claim a prize, attend a sales presentation, meet a promoter, sponsor, salesperson, or their agent, or conduct any business in this state; or
(c) Used to induce or invite a person to contact by any means a promoter, sponsor, salesperson, or their agent in this state.
[ 1991 c 227 s 1.]


title: RCW 19.170.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Continuing obligation check" means a document that is a check, draft, note, bond, or other negotiable instrument that, when cashed, deposited, or otherwise used, imposes on the payee an obligation to enter into a loan transaction. This definition does not include checks, drafts, or other negotiable instruments that are used by consumers to take advances on revolving loans, credit cards, or revolving credit accounts.
(2) "Financial institution" means any bank, trust company, savings bank, savings and loan association, credit union, industrial loan company, or consumer finance lender subject to regulation by an official agency of this state or the United States, and any subsidiary or affiliate thereof.
(3) "Offer" means a written notice delivered by hand, mail, or other print medium offering goods, services, or property made as part of a promotion to a person based on a representation that the person has been awarded, or will be awarded, a prize.
(4) "Person" means an individual, corporation, the state or its subdivisions or agencies, business trust, estate, trust, partnership, association, cooperative, or any other legal entity.
(5) "Prize" means a gift, award, travel coupon or certificate, free item, or any other item offered in a promotion that is different and distinct from the goods, service, or property promoted by a sponsor. "Prize" does not include an item offered in a promotion where all of the following elements are present:
(a) No element of chance is involved in obtaining the item offered in the promotion;
(b) The recipient has the right to review the merchandise offered for sale without obligation for at least seven days, and has a right to obtain a full refund in thirty days for the return of undamaged merchandise;
(c) The recipient may keep the item offered in the promotion without obligation; and
(d) The recipient is not required to attend any sales presentation or spend any sum in order to receive the item offered in the promotion.
(6) "Promoter" means a person conducting a promotion.
(7) "Promotion" means an advertising program, sweepstakes, contest, direct giveaway, or solicitation directed to specific named individuals, that includes the award of or chance to be awarded a prize, but does not include a promotional contest of chance under RCW 9.46.0356(1)(b).
(8) "Simulated check" means a document that is not currency or a check, draft, note, bond, or other negotiable instrument but has the visual characteristics thereof. "Simulated check" does not include a nonnegotiable check, draft, note, or other instrument that is used for soliciting orders for the purchase of checks, drafts, notes, bonds, or other instruments and that is clearly marked as a sample, specimen, or nonnegotiable.
(9) "Sponsor" means a person on whose behalf a promotion is conducted to promote or advertise goods, services, or property of that person.
(10) "Verifiable retail value" means:
(a) A price at which a promoter or sponsor can demonstrate that a substantial number of prizes have been sold at retail in the local market by a person other than the promoter or sponsor; or
(b) If the prize is not available for retail sale in the local market, the retail fair market value in the local market of an item substantially similar in each significant aspect, including size, grade, quality, quantity, ingredients, and utility; or
(c) If the value of the prize cannot be established under (a) or (b) of this subsection, then the prize may be valued at no more than three times its cost to the promoter or sponsor.
[ 2011 c 303 s 3; 1991 c 227 s 2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Findings—Intent—2011 c 303: See note following RCW 9.46.0356.

catchline: Definitions.


title: RCW 19.170.030

text:
(1) The offer must identify the name and address of the promoter and the sponsor of the promotion.
(2) The offer must state the verifiable retail value of each prize offered in it.
(3)(a) If an element of chance is involved, each offer must state the odds the participant has of being awarded each prize. The odds must be expressed in Arabic numerals, in ratio form, based on the total number of prizes to be awarded and the total number of offers distributed.
(b) If the promotion identified in the offer is part of a collective promotion with more than one participating sponsor, that fact must be clearly and conspicuously disclosed.
(c) The odds must be stated in a manner that will not deceive or mislead a person about that person's chance of being awarded a prize.
(4) The verifiable retail value and odds for each prize must be stated in immediate proximity on the same page with the first listing of each prize in type at least as large as the typeface used in the standard text of the offer.
(5) If a person is required or invited to view, hear, or attend a sales presentation in order to claim a prize that has been awarded, may have been awarded, or will be awarded, the requirement or invitation must be conspicuously disclosed under subsection (7) of this section to the person in the offer in boldface type at least as large as the typeface used in the standard text of the offer.
(6) No item in an offer may be denominated a prize, gift, award, premium, or similar term that implies the item is free if, in order to receive the item or use the item for its intended purpose the intended recipient is required to spend any sum of money, including but not limited to shipping fees, deposits, handling fees, payment for one item in order to receive another at no charge, or the purchase of another item or the expenditure of funds in order to make meaningful use of the item awarded in the promotion. The payment of any applicable state or federal taxes by a recipient directly to a government entity is not a violation of this section.
(7) If the receipt of the prize is contingent upon certain restrictions or qualifications that the recipient must meet, or if the use or availability of the prize is restricted or qualified in any way, including, but not limited to restrictions on travel dates, travel times, classes of travel, airlines, accommodations, travel agents, or tour operators, the restrictions or qualifications must be disclosed on the offer in immediate proximity on the same page with the first listing of the prize in type at least as large as the typeface used in the standard text of the offer or, in place thereof, the following statement printed in direct proximity to the prize or prizes awarded in type at least as large as the typeface used in the standard text of the offer:
"Details and qualifications for participation in this promotion may apply."
This statement must be followed by a disclosure, in the same size type as the statement, indicating where in the offer the restrictions may be found. The restrictions must be printed in type at least as large as the typeface used in the standard text of the offer.
(8) If a prize will not be awarded or given unless a winning ticket, the offer itself, a token, number, lot, or other device used to determine winners in a particular promotion is presented to a promoter or a sponsor, this fact must be clearly stated on the first page of the offer.
[ 1999 c 31 s 1; 1991 c 227 s 3.]

catchline: Disclosures required.


title: RCW 19.170.040

text:
(1) Before a demonstration, seminar, or sales presentation begins, the promoter shall inform the person of the prize, if any, the person will receive.
(2) A prize or a voucher, certificate, or other evidence of obligation given instead of a prize shall be given to a person at the time the person is informed of the prize, if any, the person will receive.
(3) A copy of the offer shall be returned to the person receiving the prize at the time the prize is awarded.
(4) It is a violation of this chapter for a promoter or sponsor to include a prize in an offer when the promoter or sponsor knows or has reason to know that the prize will not be available in a sufficient quantity based upon the reasonably anticipated response to the offer.
(5)(a) If the prize is not available for immediate delivery to the recipient, the recipient shall be given, at the promoter or sponsor's option, a rain check for the prize, the verifiable retail value of the prize in cash, or a substitute item of equal or greater verifiable retail value.
(b) If the rain check cannot be honored within thirty days, the promoter or sponsor shall mail to the person a valid check or money order for the verifiable retail value of the prize described in this chapter.
(6) A sponsor shall fulfill the rain check within thirty days if the person named as being responsible fails to honor it.
(7) The offer shall contain the following clear and conspicuous statement of recipients' rights printed in type at least as large as the typeface used in the standard text of the offer:
"If you receive a rain check in lieu of the prize, you are entitled by law to receive the prize, an item of equal or greater value, or the cash equivalent of the offered prize within thirty days of the date on which you claimed the prize."
(8) It is a violation of this chapter to misrepresent the quality, type, value, or availability of a prize.
[ 1991 c 227 s 4.]

catchline: Disclosures—Prizes awarded—Rain checks.


title: RCW 19.170.050

text:
(1) No person may produce, advertise, offer for sale, sell, distribute, or otherwise transfer for use in this state a simulated check unless the document bears the phrase "THIS IS NOT A CHECK," diagonally printed in type at least as large as the predominant typeface in the simulated check on the front of the check itself.
(2) No person, other than a financial institution, may produce, advertise, offer for sale, sell, distribute, or otherwise transfer for use in this state a continuing obligation check unless the document bears the phrase "THIS IS A LOAN" or "CASHING THIS REQUIRES REPAYMENT," diagonally printed in type at least as large as the predominant typeface in the continuing obligation check on the front of the check itself.
[ 1991 c 227 s 5.]

catchline: Simulated checks—Continuing obligation checks—Notice.


title: RCW 19.170.060

text:
(1) A person who suffers damage from an act of deceptive promotional advertising may bring an action against the sponsor or promoter of the advertising, or both. Damages include, but are not limited to, fees paid in violation of RCW 19.170.030(6) and the dollar value of a prize represented to be awarded to a person, but not received by that person.
(2) In an action for deceptive promotional advertising, the court may award the greater of five hundred dollars or three times the actual damages sustained by the person, not to exceed ten thousand dollars; equitable relief, including, but not limited to an injunction and restitution of money and property; attorneys' fees and costs; and any other relief that the court deems proper.
[ 1991 c 227 s 6.]

catchline: Damages—Penalties.


title: RCW 19.170.070

text:
A person who knowingly violates any provision of this chapter is guilty of a gross misdemeanor.
[ 1991 c 227 s 7.]

catchline: Violation—Penalty.


title: RCW 19.170.080

text:
The remedies prescribed in this chapter do not limit or bar any existing remedies at law or equity.
[ 1991 c 227 s 8.]

catchline: Remedies not exclusive.


title: RCW 19.174.010

text:
The intent of the legislature in enacting this chapter is to enhance the safety of consumers using automated teller machines and night deposit facilities in Washington without discouraging the siting of automated teller machines and night deposit facilities in locations convenient to consumers' homes and workplaces. Because decisions concerning safety at automated teller machines and night deposit facilities are inherently subjective, the legislature establishes as the standard of care applicable to operators of automated teller machines and night deposit facilities, in connection with user safety, compliance with the objective standards and information requirements of this chapter. It is not the intent of the legislature in enacting this chapter to impose a duty to relocate or modify automated teller machines or night deposit facilities upon the occurrence of a particular event or circumstance, but rather to establish a means for the evaluation of all automated teller machines and night deposit facilities as provided in this chapter. The legislature further recognizes the need for uniformity as to the establishment of safety standards for automated teller machines and night deposit facilities and intends with this chapter to supersede and preempt a rule, regulation, code, or ordinance of a city, county, municipality, or local agency regarding customer safety at automated teller machines and night deposit facilities in Washington.
[ 1993 c 324 s 2.]

catchline: Intent.


title: RCW 19.174.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Access area" means a paved walkway or sidewalk that is within fifty feet of an automated teller machine or night deposit facility. "Access area" does not include publicly maintained sidewalks or roads.
(2) "Access device" means:
(a) "Access device" as defined in federal reserve board Regulation E, 12 C.F.R. Part 205, promulgated under the Electronic Fund Transfer Act, 15 U.S.C. Sec. 1601, et seq.; or
(b) A key or other mechanism issued by a banking institution to its customer to give the customer access to the banking institution's night deposit facility.
(3) "Automated teller machine" means an electronic information processing device located in this state that accepts or dispenses cash in connection with a credit, deposit, or convenience account. "Automated teller machine" does not include a device used primarily to facilitate check guarantees or check authorizations, used in connection with the acceptance or dispensing of cash on a person-to-person basis such as by a store cashier, or used for payment of goods and services.
(4) "Banking institution" means a state or federally chartered bank, trust company, savings bank, savings and loan association, and credit union.
(5) "Candle-foot power" means a light intensity of candles on a horizontal plane at thirty-six inches above ground level and five feet in front of the area to be measured.
(6) "Control of an access area or defined parking area" means to have the present authority to determine how, when, and by whom it is to be used, and how it is to be maintained, lighted, and landscaped.
(7) "Defined parking area" means that portion of a parking area open for customer parking that is:
(a) Contiguous to an access area with respect to an automated teller machine or night deposit facility;
(b) Regularly, principally, and lawfully used for parking by users of the automated teller machine or night deposit facility while conducting transactions during hours of darkness; and
(c) Owned or leased by the operator of the automated teller machine or night deposit facility or owned or controlled by the party leasing the automated teller machine or night deposit facility site to the operator. "Defined parking area" does not include a parking area that is not open or regularly used for parking by users of the automated teller machine or night deposit facility who are conducting transactions during hours of darkness. A parking area is not open if it is physically closed to access or if conspicuous signs indicate that it is closed. If a multiple level parking area satisfies the conditions of this subsection (7)(c) and would therefore otherwise be a defined parking area, only the single parking level deemed by the operator of the automated teller machine and night deposit facility to be the most directly accessible to the users of the automated teller machine and night deposit facility is a defined parking area.
(8) "Hours of darkness" means the period that commences thirty minutes after sunset and ends thirty minutes before sunrise.
(9) "Night deposit facility" means a receptacle that is provided by a banking institution for the use of its customers in delivering cash, checks, and other items to the banking institution.
(10) "Operator" means a banking institution or other business entity or a person who operates an automated teller machine or night deposit facility.
[ 2000 c 171 s 76; 1993 c 324 s 1.]


title: RCW 19.174.030

text:
On or before July 1, 1994, with respect to an existing installed automated teller machine and night deposit facility in this state, and an automated teller machine or night deposit facility installed after July 1, 1994, the operator shall adopt procedures for evaluating the safety of the automated teller machine or night deposit facility. These procedures must pertain to the following:
(1) The extent to which the lighting for the automated teller machine or night deposit facility complies or will comply with the standards required by RCW 19.174.050;
(2) The presence of landscaping, vegetation, or other obstructions in the area of the automated teller machine or night deposit facility, the access area, and the defined parking area; and
(3) The incidence of crimes of violence in the immediate neighborhood of the automated teller machine or night deposit facility, as reflected in the records of the local law enforcement agency and of which the operator has actual knowledge.
[ 1993 c 324 s 3.]

catchline: Safety procedures—Requirements.


title: RCW 19.174.040

text:
(1) An operator of an automated teller machine or night deposit facility installed on or after July 1, 1994, shall comply with RCW 19.174.050 beginning on the date the automated teller machine or night deposit facility is installed. Compliance with RCW 19.174.050 by an operator as to an automated teller machine and night deposit facility existing as of July 1, 1994, is optional until July 1, 1996, and mandatory thereafter. This section applies to an operator of an automated teller machine or night deposit facility only to the extent that the operator controls the access area or defined parking area to be lighted.
(2) If an access area or a defined parking area is not controlled by the operator of an automated teller machine or night deposit facility, and if the person who leased the automated teller machine or night deposit facility site to the operator controls the access area or defined parking area, the person who controls the access area or defined parking area shall comply with RCW 19.174.050 for an automated teller machine or night deposit facility installed on or after July 1, 1994, beginning on the date the automated teller machine or night deposit facility is installed and for an automated teller machine or night deposit facility existing as of July 1, 1994, by or on July 1, 1996.
[ 1993 c 324 s 4.]

catchline: Lighting requirements—Compliance.


title: RCW 19.174.050

text:
The operator, owner, or other person responsible for an automated teller machine or night deposit facility shall provide lighting during hours of darkness with respect to an open and operating automated teller machine or night deposit facility and a defined parking area, access area, and the exterior of an enclosed automated teller machine or night deposit facility installation according to the following standards:
(1) There must be a minimum of ten candle-foot power at the face of the automated teller machine or night deposit facility and extending in an unobstructed direction outward five feet;
(2) There must be a minimum of two candle-foot power within fifty feet from all unobstructed directions from the face of the automated teller machine or night deposit facility. In the event the automated teller machine or night deposit facility is located within ten feet of the corner of the building and the automated teller machine or night deposit facility is generally accessible from the adjacent side, there must be a minimum of two candle-foot power along the first forty unobstructed feet of the adjacent side of the building; and
(3) There must be a minimum of two candle-foot power in that portion of the defined parking area within fifty feet of the automated teller machine or night deposit facility.
[ 1993 c 324 s 5.]

catchline: Lighting requirements.


title: RCW 19.174.060

text:
The issuer of an access device shall furnish a customer receiving the device with a notice of basic safety precautions that the customer should employ while using an automated teller machine or night deposit facility. This information must be furnished by personally delivering or by mailing the information to each customer whose mailing address is in this state for the account to which the access device relates. This information must be furnished for an access device issued on or after July 1, 1994, at or before the time the customer is furnished with his or her access device. For a customer to whom an access device was issued before July 1, 1994, the information must be delivered or mailed to the customer on or before December 31, 1994. Only one notice must be furnished per household, and if an access device is furnished to more than one customer for a single account or set of accounts or on the basis of a single application or other request for the access devices, only a single notice must be furnished in satisfaction of the notification responsibilities as to all those customers. The information may be included with other disclosures related to the access device furnished to the customer, such as with an initial or periodic disclosure statement furnished under the Electronic Fund Transfer Act, 15 U.S.C. Sec. 1601, et seq.
[ 1993 c 324 s 6.]

catchline: Notice to customer.


title: RCW 19.174.070

text:
This chapter does not apply to an automated teller machine or night deposit facility that is:
(1) Located inside of a building, unless it is a freestanding installation that exists for the sole purpose of providing an enclosure for the automated teller machine or night deposit facility;
(2) Located inside a building, except to the extent a transaction can be conducted from outside the building; or
(3) Located in an area, including an access area, building, enclosed space, or parking area that is not controlled by the operator.
[ 1993 c 324 s 7.]

catchline: Exceptions.


title: RCW 19.174.080

text:
This chapter supersedes and preempts all rules, regulations, codes, statutes, or ordinances of all cities, counties, municipalities, and local agencies regarding customer safety at automated teller machines or night deposit facilities located in this state.
[ 1993 c 324 s 8.]

catchline: Chapter supersedes local government actions.


title: RCW 19.174.090

text:
Compliance with the objective standards and information requirements of this chapter is prima facie evidence that the operator of the automated teller machine or night deposit facility in question has provided adequate measures for the safety of users of the automated teller machine or night depository.
[ 1993 c 324 s 9.]

catchline: Compliance evidence of adequate safety measures.


title: RCW 19.174.900

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 12, 1993].
[ 1993 c 324 s 15.]

catchline: Effective date—1993 c 324.


title: RCW 19.178.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Affiliated business" means a business or business location that is directly or indirectly controlled by or under common control with the business location or locations listed in the notice of the sale or that has a common ownership interest in the merchandise to be sold with the business location or locations listed in the notice of the sale.
(2) "Going out of business sale" means a sale or auction advertised or held out to the public as the disposal of merchandise in anticipation of cessation of business. This includes but is not limited to a sale or auction advertised or held out to the public as a "going out of business sale," a "closing out sale," a "quitting business sale," a "loss of lease sale," a "must vacate sale," a "liquidation sale," a "bankruptcy sale," a "sale to prevent bankruptcy," or another description suggesting price reduction due to the imminent closure of the business.
(3) "Merchandise" means goods, wares, or other property or services capable of being the object of a sale regulated under this chapter.
(4) "Moving sale" means a sale or auction advertised or held out to the public in anticipation of a relocation of the business to within a thirty-mile radius of its existing location.
(5) "Person" means, where applicable, natural persons, corporations, trusts, unincorporated associations, partnerships, or other legal entities.
[ 1993 c 456 s 2.]


title: RCW 19.178.020

text:
(1) It is unlawful for a person to sell, offer for sale, or advertise for sale merchandise at a going out of business sale without first recording a notice of the going out of business sale and executing an affidavit of inventory under this chapter.
(2) The notice of the sale must be displayed in a prominent place on the premises where a going out of business sale is being conducted.
(3) Where a going out of business sale is part of a bankruptcy, receivership, or other court-ordered action, a person required by this chapter to record a notice of the sale shall serve a copy of the petition, motion, proposed order, or other pleading requesting court approval of the sale on the attorney general no less than seven days before the date on which an action may be taken related to the conduct of the sale by a court.
[ 1993 c 456 s 3.]

catchline: Notice—Recording—Display—Service on attorney general.


title: RCW 19.178.030

text:
(1) A person conducting a going out of business sale shall record a notice of the sale with the county auditor at least fourteen days before the beginning date of the sale.
(2) The notice must be signed under oath and acknowledged and must require, and the person signing the notice shall set forth, the following facts and information regarding the sale:
(a) The name, address, telephone number, and Washington state business identification number of the owner of the merchandise to be sold. If the owner is a corporation, trust, unincorporated association, partnership, or other legal entity, the person signing the notice must be an officer of the entity and must identify his or her title;
(b) The name, address, and telephone number of the person who will be in charge and responsible for the conduct of the sale;
(c) The descriptive name, location or locations, and beginning and ending dates of the sale;
(d) Whether a person who has an ownership interest in the business or in the merchandise to be sold has conducted a going out of business sale within one year of recording the notice;
(e) Whether a person who has an ownership interest in the business or in the merchandise to be sold established or acquired an ownership interest in the business within six months of recording the notice; and
(f) A statement that:
(i) The merchandise ordered during the thirty days before recording the notice consists only of bona fide orders made in the usual course of business and does not contain merchandise taken on consignment or otherwise;
(ii) No merchandise transferred from an affiliated business was transferred in contemplation of conducting the sale;
(iii) No merchandise will be ordered, taken on consignment, or transferred from an affiliated business after the notice is recorded or during the sale;
(iv) No person who has an ownership interest in the business or in the merchandise to be sold established or acquired an interest in the business or in the merchandise to be sold solely or principally for the purpose of conducting a going out of business sale;
(v) The business will be discontinued after the ending date of the sale and no merchandise held out for sale will be subsequently offered for sale to the public by anyone who had an ownership interest in the business or in the merchandise offered for sale; and
(vi) No person who has an ownership interest in the business or in the merchandise to be sold is subject to a court order resulting from a civil enforcement action under the consumer protection act for a violation of this chapter or the type of conduct prohibited by this chapter.
[ 1993 c 456 s 5.]

catchline: Notice—Recording—Procedure.


title: RCW 19.178.040

text:
(1) A person conducting a going out of business sale shall, before recording the notice, make either an inventory list of the merchandise to be sold or a compilation of purchase orders issued by the business in the thirty days before recording the notice of the sale.
(2) If a person elects to make an inventory list:
(a) The inventory list must identify the merchandise and include the quantity of each item and the price at which each item was offered for sale within one week of recording the notice;
(b) The inventory list must identify items ordered within thirty days of recording the notice but not yet received by the business;
(c) The inventory list must be permanently attached to an affidavit executed by the person recording the notice of the sale stating that the inventory list is a true and correct inventory of merchandise owned by the business conducting the sale as of the date the affidavit is executed; and
(d) No item may be offered for sale at a going out of business sale unless the item is included in the inventory list for the sale.
(3) If a person elects to make a purchase order compilation, the compilation must be permanently attached to an affidavit executed by the person recording the notice of the sale stating that the compilation is a true and correct compilation of the purchase orders issued by the business in the thirty days before recording the notice of the sale.
(4) The affidavit must be signed under oath and acknowledged before a notary public. Each page of the inventory list or purchase order compilation must be marked in some form by a notary public to verify its identity as part of the inventory list or purchase order compilation for the going out of business sale.
(5) A person conducting a going out of business sale shall maintain possession of the affidavit and attached inventory list or purchase order compilation for three years after the ending date of the sale. The inventory list or purchase order compilation is admissible evidence of compliance or noncompliance with this chapter.
[ 1993 c 456 s 6.]

catchline: Inventory list—Compilation of purchase orders.


title: RCW 19.178.050

text:
(1) No person may conduct a going out of business sale except a person with a valid Washington state business identification number.
(2) No person may conduct a going out of business sale if a person who has an ownership interest in the business or in the merchandise to be sold established or acquired an ownership interest in the business solely or principally for the purpose of conducting a going out of business sale. A person who has either conducted a going out of business sale within one year or established or acquired an interest in the business conducting the sale within six months of recording the notice is presumed to have established or acquired an interest in the business solely or principally for the purpose of conducting a going out of business sale.
(3) No person may conduct a going out of business sale if a person who has an ownership interest in the business or in the merchandise to be sold is subject to a court order resulting from a civil enforcement action under the consumer protection act for a violation of this chapter or the type of conduct prohibited by this chapter.
[ 1993 c 456 s 7.]

catchline: Business identification number—Ownership interest purposes limited—Application of consumer protection act.


title: RCW 19.178.060

text:
No person may conduct a going out of business sale for more than sixty days from the beginning date of the sale.
[ 1993 c 456 s 8.]

catchline: Time limit.


title: RCW 19.178.070

text:
(1) No person may sell consigned merchandise or other merchandise not owned by the person signing the notice at a going out of business sale. Merchandise ordered within thirty days of recording the notice of the sale may consist only of bona fide orders made in the usual course of business and may contain no merchandise taken on consignment or otherwise.
(2) No person in contemplation of conducting a going out of business sale may transfer merchandise from an affiliated business or business location to the location or locations of the sale.
(3) No person, after recording the notice of a going out of business sale, may buy or order merchandise, take merchandise on consignment, or receive a transfer of merchandise from an affiliated business or business location for the purpose of selling it at the sale or sell the merchandise in a going out of business sale.
[ 1993 c 456 s 9.]

catchline: Merchandise—Consigned or not owned by seller—Transfer—Additional.


title: RCW 19.178.080

text:
(1) No person may continue to conduct a going out of business sale beyond the ending date listed in the notice of the sale.
(2) No person after conducting a going out of business sale may remain in business under any of the same ownership, or under the same or substantially the same trade name, or continue to offer for sale the same type of merchandise for a period of one year after the ending date of the sale unless the continuing business location was in operation before recording the notice for the closing business location.
(3) For the purposes of this section, if a business entity that is prohibited from continuing a business under this section reformulates itself as a new entity or as an individual, whether by sale, merger, acquisition, bankruptcy, dissolution, or other transaction, for the purpose of continuing the business or profiting from the business, the successor entity or individual is considered the same person as the original entity. If an individual who is prohibited from continuing a business under this section forms a new business entity to continue the business, participate in the business, or profit from the business, that entity is considered the same person as the individual.
[ 1993 c 456 s 10.]


title: RCW 19.178.090

text:
No person may conduct a going out of business sale if any means have been established for continuation of the closing business location by the same owner, directly or indirectly, by corporation, trust, unincorporated association, partnership, or other legal entity under the same name or under a different name.
[ 1993 c 456 s 11.]

catchline: Means for continuation of closing business location prohibited.


title: RCW 19.178.100

text:
(1) No person may advertise a going out of business sale more than fourteen days before the beginning date of the sale. All advertising of the sale must state the beginning date and must clearly and prominently state the ending date of the sale. Except as provided in subsection (2) of this section, all advertising must be confined to or refer to the address or addresses and place or places of business specified in the notice as going out of business and may not state that other locations or affiliated businesses are cooperating with or participating in the sale unless the other locations or affiliated businesses are included in the notice.
(2) Advertising broadcast on radio is not required to refer to the address or addresses of the business specified in the notice as going out of business, but must meet all other conditions of this section.
(3) No advertising may contain false, misleading, or deceptive statements regarding the nature, duration, merchandise, or other terms of a going out of business sale.
(4) Representations in advertising regarding price savings or discounts on sale merchandise must be bona fide and substantiated.
(5) A moving sale may not be advertised for more than ninety days and may not occur more than once within a twenty-four month period.
[ 1993 c 456 s 12.]

catchline: Advertising—Moving sale.


title: RCW 19.178.110

text:
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of this chapter are not reasonable in relation to the development and preservation of business. A violation of this chapter is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 1993 c 456 s 1.]

catchline: Violations—Application of consumer protection act.


title: RCW 19.178.120

text:
A person who knowingly violates this chapter or who knowingly gives false or incorrect information in a notice required by this chapter is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
[ 1993 c 456 s 13.]

catchline: Violation—False or incorrect notice—Penalty.


title: RCW 19.178.130

text:
The attorney general or the proper prosecuting attorney may institute proceedings under this chapter.
[ 1993 c 456 s 14.]

catchline: Proceedings instituted by attorney general or prosecuting attorney.


title: RCW 19.178.140

text:
The state of Washington fully occupies and preempts the entire field of regulating going out of business sales.
[ 1993 c 456 s 15.]

catchline: State preemption.


title: RCW 19.178.900

text:
(1) This chapter shall apply only to persons who engage in the retail sale of merchandise in their regular course of business.
(2) This chapter does not apply to:
(a) Persons acting in accordance with their powers and duties as public officers, such as county sheriffs;
(b) Bulk transfers as defined in *RCW 62A.6-102; or
(c) Moving sales, except for RCW 19.178.100(5).
(3) Going out of business sales of perishable merchandise or merchandise damaged by fire, smoke, or water are exempt from the requirement that the notice of the sale be recorded at least fourteen days before the beginning date of the sale.
[ 1993 c 456 s 4.]
Notes:
*Reviser's note: RCW 62A.6-102 was repealed by 1993 c 395 s 6-101.

catchline: Application of chapter—Exceptions.


title: RCW 19.182.005

text:
The legislature finds and declares that consumers have a vital interest in establishing and maintaining creditworthiness. The legislature further finds that an elaborate mechanism using credit reports has developed for investigating and evaluating a consumer's creditworthiness, credit capacity, and general reputation and character. As such, credit reports are used for evaluating credit card, loan, mortgage, and small business financing applications, as well as for decisions regarding employment and the rental or leasing of dwellings. Moreover, financial institutions and other creditors depend upon fair and accurate credit reports to efficiently and accurately evaluate creditworthiness. Unfair or inaccurate reports undermine both public and creditor confidences in the reliability of credit granting systems.
Therefore, this chapter is necessary to assure accurate credit data collection, maintenance, and reporting on the citizens of the state. It is the policy of the state that credit reporting agencies maintain accurate credit reports, resolve disputed reports promptly and fairly, and adopt reasonable procedures to promote consumer confidentiality and the proper use of credit data in accordance with this chapter.
[ 1993 c 476 s 1.]

catchline: Findings—Declaration.


title: RCW 19.182.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1)(a) "Adverse action" includes:
(i) Denial of, increase in any charge for, or reduction in the amount of insurance for personal, family, or household purposes;
(ii) Denial of employment or any other decision for employment purposes that adversely affects a current or prospective employee;
(iii) Action or determination with respect to a consumer's application for credit that is adverse to the interests of the consumer; and
(iv) Action or determination with respect to a consumer's application for the rental or leasing of residential real estate that is adverse to the interests of the consumer.
(b) "Adverse action" does not include:
(i) A refusal to extend additional credit under an existing credit arrangement if:
(A) The applicant is delinquent or otherwise in default with respect to the arrangement; or
(B) The additional credit would exceed a previously established credit limit; or
(ii) A refusal or failure to authorize an account transaction at a point of sale.
(2) "Attorney general" means the office of the attorney general.
(3) "Consumer" means an individual.
(4)(a) "Consumer report" means a written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living that is used or expected to be used or collected in whole or in part for:
(i) The purpose of serving as a factor in establishing the consumer's eligibility for credit or insurance to be used primarily for personal, family, or household purposes;
(ii) Employment purposes; or
(iii) Other purposes authorized under RCW 19.182.020.
(b) "Consumer report" does not include:
(i) A report containing information solely as to transactions or experiences between the consumer and the person making the report;
(ii) An authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device;
(iii) A report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to the request, if the third party advises the consumer of the name and address of the person to whom the request was made and the person makes the disclosures to the consumer required under RCW 19.182.070;
(iv) A list compiled by a consumer reporting agency to be used by its client for direct marketing of goods or services not involving an offer of credit;
(v) A report solely conveying a decision whether to guarantee a check in response to a request by a third party; or
(vi) A report furnished for use in connection with a transaction that consists of an extension of credit to be used for a commercial purpose.
(5) "Consumer reporting agency" means a person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the business of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of commerce for the purpose of preparing or furnishing consumer reports. "Consumer reporting agency" does not include a person solely by reason of conveying a decision whether to guarantee a check in response to a request by a third party or a person who obtains a consumer report and provides the report or information contained in it to a subsidiary or affiliate of the person.
(6) "Credit transaction that is not initiated by the consumer" does not include the use of a consumer report by an assignee for collection or by a person with which the consumer has an account, for purposes of (a) reviewing the account, or (b) collecting the account. For purposes of this subsection "reviewing the account" includes activities related to account maintenance and monitoring, credit line increases, and account upgrades and enhancements.
(7) "Direct solicitation" means the process in which the consumer reporting agency compiles or edits for a client a list of consumers who meet specific criteria and provides this list to the client or a third party on behalf of the client for use in soliciting those consumers for an offer of a product or service.
(8) "Employment purposes," when used in connection with a consumer report, means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee.
(9) "File," when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.
(10) "Investigative consumer report" means a consumer report or portion of it in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom the consumer is acquainted or who may have knowledge concerning any items of information. However, the information does not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when the information was obtained directly from a creditor of the consumer or from the consumer.
(11) "Medical information" means information or records obtained, with the consent of the individual to whom it relates, from a licensed physician or medical practitioner, hospital, clinic, or other medical or medically related facility.
(12) "Person" includes an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal or commercial entity.
(13) "Prescreening" means the process in which the consumer reporting agency compiles or edits for a client a list of consumers who meet specific credit criteria and provides this list to the client or a third party on behalf of the client for use in soliciting those consumers for an offer of credit.
[ 1993 c 476 s 3.]

catchline: Definitions.


title: RCW 19.182.020

text:
(1) A consumer reporting agency may furnish a consumer report only under the following circumstances:
(a) In response to the order of a court having jurisdiction to issue the order;
(b) In accordance with the written instructions of the consumer to whom it relates; or
(c) To a person that the agency has reason to believe:
(i) Intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer;
(ii) Intends to use the information for employment purposes;
(iii) Intends to use the information in connection with the underwriting of insurance involving the consumer;
(iv) Intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or
(v) Otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer.
(2)(a) Subject to (c) of this subsection, a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer who is not an employee at the time the report is procured or caused to be procured unless:
(i) A clear and conspicuous disclosure has been made in writing to the consumer before the report is procured or caused to be procured that a consumer report may be obtained for purposes of considering the consumer for employment. The disclosure may be contained in a written statement contained in employment application materials; or
(ii) The consumer authorizes the procurement of the report.
(b) A person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any employee unless the employee has received, at any time after the person became an employee, written notice that consumer reports may be used for employment purposes. A written statement that consumer reports may be used for employment purposes that is contained in employee guidelines or manuals available to employees or included in written materials provided to employees constitutes written notice for purposes of this subsection. This subsection does not apply with respect to a consumer report of an employee who the employer has reasonable cause to believe has engaged in specific activity that constitutes a violation of law.
(c) As applied to (a) and (b) of this subsection, a person may not procure a consumer report for employment purposes where any information contained in the report bears on the consumer's creditworthiness, credit standing, or credit capacity, unless the information is either:
(i) Substantially job related and the employer's reasons for the use of such information are disclosed to the consumer in writing; or
(ii) Required by law.
(d) In using a consumer report for employment purposes, before taking any adverse action based in whole or part on the report, a person shall provide to the consumer to whom the report relates: (i) The name, address, and telephone number of the consumer reporting agency providing the report; (ii) a description of the consumer's rights under this chapter pertaining to consumer reports obtained for employment purposes; and (iii) a reasonable opportunity to respond to any information in the report that is disputed by the consumer. This subsection applies to job applicants and current employees.
[ 2007 c 93 s 1; 1993 c 476 s 4.]

catchline: Consumer report—Furnishing—Procuring.


title: RCW 19.182.030

text:
(1) A consumer reporting agency may provide a consumer report relating to a consumer under RCW 19.182.020(1)(c)(i) in connection with a credit transaction that is not initiated by the consumer only if:
(a) The consumer authorized the consumer reporting agency to provide the report to such a person; or
(b) The consumer has not elected in accordance with subsection (3) of this section to have the consumer's name and address excluded from such transactions.
(2) A consumer reporting agency may provide only the following information under subsection (1) of this section:
(a) The name and address of the consumer; and
(b) Information pertaining to a consumer that is not identified or identifiable with particular accounts or transactions of the consumer.
(3)(a) A consumer may elect to have his or her name and address excluded from any list provided by a consumer reporting agency through prescreening under subsection (1) of this section or from any list provided by a consumer reporting agency for direct solicitation transactions that are not initiated by the consumer by notifying the consumer reporting agency. The notice must be made in writing through the notification system maintained by the consumer reporting agency under subsection (4) of this section and must state that the consumer does not consent to any use of consumer reports relating to the consumer in connection with any transaction that is not initiated by the consumer.
(b) An election of a consumer under (a) of this subsection is effective with respect to a consumer reporting agency and any affiliate of the consumer reporting agency, within five business days after the consumer reporting agency receives the consumer's notice.
(4) A consumer reporting agency that provides information intended to be used in a prescreened credit transaction or direct solicitation transaction that is not initiated by the consumer shall:
(a) Maintain a notification system that facilitates the ability of a consumer in the agency's database to notify the agency to promptly withdraw the consumer's name from lists compiled for prescreened credit transactions and direct solicitation transactions not initiated by the consumer; and
(b) Publish at least annually in a publication of general circulation in the area served by the agency, the address for consumers to use to notify the agency of the consumer's election under subsection (3) of this section.
(5) A consumer reporting agency that maintains consumer reports on a nationwide basis shall establish a system meeting the requirements of subsection (4) of this section on a nationwide basis, and may operate such a system jointly with any other consumer reporting agencies.
(6) Compliance with the requirements of this section by any consumer reporting agency constitutes compliance by the agency's affiliates.
[ 1993 c 476 s 5.]

catchline: Consumer report—Credit action not initiated by consumer—Exclusion by consumer.


title: RCW 19.182.040

text:
(1) Except as authorized under subsection (2) of this section, no consumer reporting agency may make a consumer report containing any of the following items of information:
(a) Bankruptcies that, from date of adjudication of the most recent bankruptcy, antedate the report by more than ten years;
(b) Suits and judgments that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period;
(c) Paid tax liens that, from date of payment, antedate the report by more than seven years;
(d) Accounts placed for collection or charged to profit and loss that antedate the report by more than seven years;
(e) Records of arrest, indictment, or conviction of an adult for a crime that, from date of disposition, release, or parole, antedate the report by more than seven years;
(f) Juvenile records, as defined in RCW 13.50.010(1)(f), when the subject of the records is twenty-one years of age or older at the time of the report;
(g) Medical debt, as defined in RCW 19.16.100; and
(h) Any other adverse item of information that antedates the report by more than seven years.
(2) Subsection (1)(a) through (e) and (h) of this section is not applicable in the case of a consumer report to be used in connection with:
(a) A credit transaction involving, or that may reasonably be expected to involve, a principal amount of fifty thousand dollars or more;
(b) The underwriting of life insurance involving, or that may reasonably be expected to involve, a face amount of fifty thousand dollars or more; or
(c) The employment of an individual at an annual salary that equals, or that may reasonably be expected to equal, twenty thousand dollars or more.
[ 2025 c 145 s 4; 2025 c 58 s 2010; 2011 c 333 s 2; 1993 c 476 s 6.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Findings—Intent—2011 c 333: "The legislature finds that:
(1) One of the goals of the juvenile justice system is to rehabilitate juvenile offenders and promote their successful reintegration into society. Without opportunities to reintegrate, juveniles suffer increased recidivism and decreased economic function.
(2) The public has an interest in accessing information relating to juvenile records for public safety and research purposes.
(3) The public's legitimate interest in accessing personal information must be balanced with the rehabilitative goals of the juvenile justice system. All benefit when former juvenile offenders, after paying their debt to society, reintegrate and contribute to their local communities as productive citizens.
(4) It is the intent of the legislature to balance the rehabilitative and reintegration needs of an effective juvenile justice system with the public's need to access personal information for public safety and research purposes." [ 2011 c 333 s 1.]


title: RCW 19.182.050

text:
(1) A person may not procure or cause to be prepared an investigative consumer report on a consumer unless:
(a) It is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to the consumer's character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and the disclosure:
(i) Is made in a writing mailed, or otherwise delivered, to the consumer not later than three days after the date on which the report was first requested; and
(ii) Includes a statement informing the consumer of the consumer's right to request the additional disclosures provided for under subsection (2) of this section and the written summary of the rights of the consumer prepared under RCW 19.182.080(7); or
(b) The report is to be used for employment purposes for which the consumer has not specifically applied.
(2) A person who procures or causes to be prepared an investigative consumer report on a consumer shall make, upon written request made by the consumer within a reasonable period of time after the receipt by the consumer of the disclosure required in subsection (1)(a) of this section, a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure must be made in a writing mailed, or otherwise delivered, to the consumer not later than the latter of five days after the date on which the request for the disclosure was either received from the consumer or the report was first requested.
(3) No person may be held liable for a violation of subsection (1) or (2) of this section if the person shows by a preponderance of the evidence that at the time of the violation the person maintained reasonable procedures to assure compliance with subsection (1) or (2) of this section.
(4) A consumer reporting agency shall maintain a detailed record of:
(a) The identity of the person to whom an investigative consumer report or information from a consumer report is provided by the consumer reporting agency; and
(b) The certified purpose for which an investigative consumer report on a consumer, or any other information relating to a consumer, is requested by the person.
For purposes of this subsection, "person" does not include an individual who requests the report unless the individual obtains the report or information for his or her own individual purposes.
[ 1993 c 476 s 7.]

catchline: Investigative consumer report—Procurement, preparation—Disclosure—Use—Liability—Record.


title: RCW 19.182.060

text:
(1) A consumer reporting agency shall maintain reasonable procedures designed to avoid violations of RCW 19.182.040 and to limit the furnishing of consumer reports to the purposes listed under RCW 19.182.020. These procedures must require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. A consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by the prospective user before furnishing the user a consumer report. No consumer reporting agency may furnish a consumer report to a person if the agency has reasonable grounds for believing that the consumer report will not be used for a purpose listed in RCW 19.182.020.
(2) Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.
(3) Notwithstanding RCW 19.182.020, a consumer reporting agency may furnish identifying information about a consumer, limited to the consumer's name, address, former addresses, places of employment, or former places of employment, to a governmental agency.
(4) A consumer reporting agency shall maintain a detailed record of:
(a) The identity of any person to whom a consumer report or information from a consumer report is provided by the consumer reporting agency; and
(b) The certified purpose for which a consumer report on a consumer, or any other information relating to a consumer, is requested by any person.
For purposes of this subsection, "person" does not include an individual who requests the report unless the individual obtains the report or information for his or her own purposes.
[ 1993 c 476 s 8.]

catchline: Consumer report—Procedures for compliance—Information for governmental agency—Record.