title: RCW 19.105.380

text:
(1) In addition to the unprofessional conduct in RCW 18.235.130, the director may take disciplinary action for the following conduct, acts, or conditions:
(a) The applicant, registrant, or affiliate has failed to file copies of the camping resort contract form under RCW 19.105.360;
(b) The applicant, registrant, or affiliate has failed to comply with any provision of this chapter;
(c) The applicant's, registrant's, or affiliate's offering of camping resort contracts has worked or would work a fraud upon purchasers or owners of camping resort contracts;
(d) The camping resort operator or any officer, director, or affiliate of the camping resort operator has been enjoined from or had any civil penalty assessed for a finding of dishonest dealing or fraud in a civil suit, or been found to have engaged in any violation of any act designed to protect consumers, or has been engaged in dishonest practices in any industry involving sales to consumers;
(e) The applicant or registrant has represented or is representing to purchasers in connection with the offer or sale of a camping resort contract that a camping resort property, facility, amenity camp site, or other development is planned, promised, or required, and the applicant or registrant has not provided the director with a security or assurance of performance as required by this chapter;
(f) The applicant or registrant has not provided or is no longer providing the director with the necessary security arrangements to ensure future availability of titles or properties as required by this chapter or agreed to in the permit to market;
(g) The applicant or registrant is or has been employing unregistered salespersons or offering or proposing a membership referral program not in compliance with this chapter;
(h) The applicant or registrant has breached any escrow, impound, reserve account, or trust arrangement or the conditions of an order or permit to market required by this chapter;
(i) The applicant or registrant has filed or caused to be filed with the director any document or affidavit, or made any statement during the course of a registration or exemption procedure with the director, that is materially untrue or misleading;
(j) The applicant or registrant has engaged in a practice of failing to provide the written disclosures to purchasers or prospective purchasers as required under this chapter;
(k) The applicant, registrant, or any of its officers, directors, or employees, if the operator is other than a natural person, have willfully done, or permitted any of their salespersons or agents to do, any of the following:
(i) Engage in a pattern or practice of making untrue or misleading statements of a material fact, or omitting to state a material fact;
(ii) Employ any device, scheme, or artifice to defraud purchasers or members;
(iii) Engage in a pattern or practice of failing to provide the written disclosures to purchasers or prospective purchasers as required under this chapter;
(l) The applicant or registrant has failed to provide a bond, letter of credit, or other arrangement to ensure delivery of promised gifts, prizes, awards, or other items of consideration, as required under this chapter, breached such a security arrangement, or failed to maintain such a security arrangement in effect because of a resignation or loss of a trustee, impound, or escrow agent;
(m) The applicant or registrant has engaged in a practice of selling contracts using material amendments or codicils that have not been filed or are the consequences of breaches or alterations in previously filed contracts;
(n) The applicant or registrant has engaged in a practice of selling or proposing to sell contracts in a ratio of contracts to sites available in excess of that filed in the affidavit required by this chapter;
(o) The camping resort operator has withdrawn, has the right to withdraw, or is proposing to withdraw from use all or any portion of any camping resort property devoted to the camping resort program, unless:
(i) Adequate provision has been made to provide within a reasonable time thereafter a substitute property in the same general area that is at least as desirable for the purpose of camping and outdoor recreation;
(ii) The property is withdrawn because, despite good faith efforts by the camping resort operator, a nonaffiliate of the camping resort has exercised a right of withdrawal from use by the camping resort (such as withdrawal following expiration of a lease of the property to the camping resort) and the terms of the withdrawal right have been disclosed in writing to all purchasers at or prior to the time of any sales of camping resort contracts after the camping resort has represented to purchasers that the property is or will be available for camping or recreation purposes;
(iii) The specific date upon which the withdrawal becomes effective has been disclosed in writing to all purchasers and members prior to the time of any sales of camping resort contracts after the camping resort has represented to purchasers that the property is or will be available for camping or recreation purposes;
(iv) The rights of members and owners of the camping resort contracts under the express terms of the camping resort contract have expired, or have been specifically limited, upon the lapse of a stated or determinable period of time, and the director by order has found that the withdrawal is not otherwise inconsistent with the protection of purchasers or the desire of the majority of the owners of camping resort contracts, as expressed in their previously obtained vote of approval;
(p) The format, form, or content of the written disclosures provided therein is not complete, full, or materially accurate, or statements made therein are materially false, misleading, or deceptive;
(q) The applicant or registrant has failed to file an amendment for a material change in the manner or at the time required under this chapter or its implementing rules;
(r) The applicant or registrant has filed voluntarily or been placed involuntarily into a federal bankruptcy or is proposing to do so; or
(s) A camping resort operator's rights or interest in a campground has been terminated by foreclosure or the operations in a camping resort have been terminated in a manner contrary to contract provisions.
(2) An operator, registrant, or applicant against whom administrative or legal proceedings have been filed shall be responsible for and shall reimburse the state, by payment into the business and professions account created in RCW 43.24.150, for all administrative and legal costs actually incurred by the department in issuing, processing, and conducting any such administrative or legal proceeding authorized under this chapter that results in a final legal or administrative determination of any type or degree in favor of the department.
(3) The director may enter into assurances of discontinuance in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing under this chapter. The assurances shall consist of a statement of the law in question and an agreement not to violate the stated provision. The applicant or registrant shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violating or breaching an assurance under this subsection is grounds for suspension or revocation of registration or imposition of a fine.
(4) The director 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. 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 director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 2005 c 25 s 3; 2002 c 86 s 273; 1997 c 58 s 850; 1988 c 159 s 14; 1982 c 69 s 9.]
Notes:
Effective date—2005 c 25: See note following RCW 43.24.150.
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.
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: Unprofessional conduct/disciplinary action—Grounds—Liability for administrative and legal costs—Assurances of discontinuance—Support order, noncompliance.


doc_type: statute

jurisdiction: wa

title: RCW 19.105.390

text:
Any camping resort contract may be canceled at the option of the purchaser, if the purchaser sends notice of the cancellation by certified mail (return receipt requested) to the camping resort operator at the address contained in the camping resort contract and if the notice is postmarked not later than midnight of the third business day following the day on which the contract is signed. In addition to this cancellation right, any purchaser who signs a camping resort contract of any description required to be registered with the department without having received the written disclosures required by this chapter has cancellation rights until three business days following eventual receipt of the written disclosures. Purchasers shall request cancellation of contracts by sending the notice of cancellation by certified mail (return receipt requested), postmarked not later than midnight of the third business day following the day on which the contract is signed or the day on which the disclosures were actually received, whichever event is later to the camping resort operator at the address contained in the camping resort contract. In computing the number of business days, the day on which the contract was signed shall not be included as a "business day," nor shall Saturday, Sunday, or legal holidays be included. Within three business days following receipt of timely and proper notice of cancellation from the purchaser, the camping resort operator shall provide evidence that the contract has been canceled. Thereafter, any money or other consideration paid by the purchaser shall be promptly refunded.
Every camping resort contract, other than those being offered and registered as resales, shall include the following statement in at least ten-point boldface type immediately prior to the space for the purchaser's signature:
"Purchaser's right to cancel: You may cancel this contract without any cancellation fee or other penalty, or stated reason for doing so, by sending notice of cancellation by certified mail, return receipt requested, to . . . . . . (insert name and address of camping resort operator). The notice must be postmarked by midnight of the third business day following the day on which the contract is signed. In computing the three business days, the day on which the contract is signed shall not be included as a "business day," nor shall Saturday, Sunday, or legal holidays be included."
If the purchaser has not inspected a camping resort property or facility at which camping resort sites are located or planned, the notice must contain the following additional language:
"If you sign this contract without having inspected a property at which camping sites are located or planned, you may cancel this contract by giving this notice within six (6) business days following the day on which you signed the contract."
[ 1988 c 159 s 15; 1982 c 69 s 10.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Resort contracts—Purchaser's cancellation—Notice—Statement of right to cancel.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 19.105.400

text:
Any camping resort contract entered into in violation of this chapter may be voided by the purchaser and the purchaser's entire consideration recovered at the option of the purchaser, but no suit under this section may be brought after two years from the date the contract is signed.
[ 1988 c 159 s 16; 1982 c 69 s 11.]

catchline: Resort contracts—Voidable—Estoppel.


title: RCW 19.105.405

text:
(1) The legislature recognizes the proprietary interest camping resort operators have in purchaser lists. The legislature also recognizes that purchasers of camping resort contracts have a legitimate interest in being able to contact other resort purchasers for the purpose of forming a members' association. In balancing these competing interests, the legislature believes that purchaser lists can be made available to camping resort purchasers with reasonable restrictions on the dissemination of those lists.
(2) Upon request of a purchaser, the camping resort operator shall provide to the purchaser a list of the names, addresses, and unit, site, or purchaser number of all purchasers. The camping resort operator may charge for the reasonable costs for preparing the list. The operator shall require the purchaser to sign an affidavit agreeing not to use the list for any commercial purpose.
(3) It is a violation of this chapter and chapter 19.86 RCW for any person to use a membership list for commercial purposes unless authorized to do so by the operator.
(4) It is a violation of this chapter and chapter 19.86 RCW for a camping resort operator to fail to provide a list of purchasers as provided in this section.
[ 1988 c 159 s 17.]

catchline: Purchaser lists—Authorized uses.


title: RCW 19.105.411

text:
Applicants or registrants under this chapter shall pay fees determined by the director as provided in RCW 43.24.086. The fees shall be prepaid and the director may determine fees for the following activities or events:
(1) A fee for the initial application and an additional fee for each camping resort contract registered;
(2) Renewals of camping resort registrations and an additional fee for each additional camping resort contract registered;
(3) An initial and annual fee for processing and administering any required impound, trust, reserve, or escrow arrangement and security arrangements for such programs;
(4) The review and processing of advertising or promotional materials;
(5) Registration and renewal of registrations of salespersons;
(6) The transfer of a salesperson's permit from one operator to another;
(7) Administering examinations for salespersons;
(8) Amending the registration or the public offering statement;
(9) Conducting site inspections;
(10) Granting exemptions under this chapter;
(11) Penalties for registrants in any situation where a registrant has failed to file an amendment to the registration or the public offering statement in a timely manner for material changes, as required in this chapter and its implementing rules.
[ 1988 c 159 s 18.]

catchline: Fees.


title: RCW 19.105.420

text:
A registration of camping resort contracts shall be effective for a period of one year and may, upon application, be renewed for successive periods of one year each, unless the director prescribes a shorter period for a permit or registration. A camping resort contract registration shall be amended if there is to be an increase in inventory or consolidation to the number of camping resort contracts registered, or in instances in which new contract forms are to be offered. Consolidations, new contract forms, the adding of resorts to the program, or amendments for material changes shall become effective in the manner provided by RCW 19.105.330. The written disclosures required to be furnished prospective purchasers under RCW 19.105.370 shall be supplemented by amendment request in writing as necessary to keep the required information reasonably current and reflective of material changes. Amendments shall be filed with the director as provided in RCW 19.105.360. The foregoing notwithstanding, however, the camping resort operator or registrant shall file an amendment to the registration disclosing any event which will have a material effect on the conduct of the operation of the camping resort, the financial condition of the camping resort, or the future availability of the camping resort properties to purchasers. The amendment shall be filed within thirty days following the event. The amendment shall be treated as an original application for registration, except that until the director has acted upon the application for amendment the applicant's registration shall continue to be deemed effective for the purposes of RCW 19.105.310.
Any permit to sell camping resort memberships issued prior to November 1, 1982, shall be deemed a camping resort registration subject to the renewal provisions of this chapter upon the anniversary date of the issuance of the original permit.
[ 1988 c 159 s 19; 1982 c 69 s 13.]

catchline: Resort contracts—Registration, duration—Renewal, amendment—Renewal of prior permits.


title: RCW 19.105.430

text:
Unless the transaction is exempt under RCW 19.105.325, it is unlawful for any person to act as a camping resort salesperson in this state without first registering under this chapter as a salesperson or being licensed as a salesperson under chapter 18.85 RCW or a broker licensed under that chapter.
[ 1988 c 159 s 20; 1982 c 69 s 14.]

catchline: Unlawful to act as salesperson without registering—Exemptions.


title: RCW 19.105.440

text:
(1) A salesperson may apply for registration by filing in a complete and readable form with the director an application form provided by the director that includes the following:
(a) A statement whether or not the applicant has been found to have engaged in any violation of any act designed to protect consumers and whether the applicant is qualified for licensure under RCW 18.235.130;
(b) A statement fully describing the applicant's employment history for the past five years and whether or not any termination of employment was the result of any theft, fraud, or act of dishonesty;
(c) A consent to service comparable to that required of operators under this chapter; and
(d) Required filing fees.
(2) In addition to the unprofessional conduct specified in RCW 18.235.130, the director may take disciplinary action against a camping resort salesperson's registration or application for registration under this chapter or the person's license or application under chapter 18.85 RCW for any of the following conduct, acts, or conditions:
(a) Violating any of the provisions of this chapter or any lawful rules adopted by the director pursuant thereto;
(b) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication, or distribution of false statements, descriptions, or promises of such character as to reasonably induce any person to act thereon, if the statements, descriptions, or promises purport to be made or to be performed by either the applicant or registrant and the applicant or registrant then knew or, by the exercise of reasonable care and inquiry, could have known, of the falsity of the statements, descriptions, or promises;
(c) Knowingly committing, or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relies upon the work, representation, or conduct of the applicant or registrant;
(d) Continuing to sell camping resort contracts in a manner whereby the interests of the public are endangered, if the director has, by order in writing, stated objections thereto;
(e) Misrepresentation of membership in any state or national association; or
(f) Discrimination against any person in hiring or in sales activity on the basis of race, color, creed, or national origin, or violating any state or federal antidiscrimination law.
(3) The director, subsequent to any complaint filed against a salesperson or pursuant to an investigation to determine violations, may enter into stipulated assurances of discontinuances in lieu of issuing a statement of charges or a cease and desist order or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement not to violate the stated provision. The salesperson shall not be required to admit to any violation of the law, nor shall the assurance be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action.
(4) The director may by rule require such further information or conditions for registration as a camping resort salesperson, including qualifying examinations and fingerprint cards prepared by authorized law enforcement agencies, as the director deems necessary to protect the interests of purchasers.
(5) Registration as a camping resort salesperson shall be effective for a period of one year unless the director specifies otherwise or the salesperson transfers employment to a different registrant. Registration as a camping resort salesperson shall be renewed annually, or at the time of transferring employment, whichever occurs first, by the filing of a form prescribed by the director for that purpose.
(6) It is unlawful for a registrant of camping resort contracts to employ or a person to act as a camping resort salesperson covered under this section unless the salesperson has in effect with the department and displays a valid registration in a conspicuous location at each of the sales offices at which the salesperson is employed. It is the responsibility of both the operator and the salesperson to notify the department when and where a salesperson is employed, his or her responsibilities and duties, and when the salesperson's employment or reported duties are changed or terminated.
(7) The director 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. 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 director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 2002 c 86 s 274; 1997 c 58 s 851; 1988 c 159 s 21; 1982 c 69 s 15.]
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.
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: Registration as salesperson—Application—Unprofessional conduct—Assurances of discontinuance—Renewal of registration—Support order, noncompliance.


title: RCW 19.105.450

text:
The director may make such public or private investigations or may make such requests for information, within or without this state, as the director deems necessary to determine whether any registration should be granted, denied, suspended, or revoked, or a fine imposed, or whether any person has violated or is about to violate any of the provisions of this chapter or any rule, order, or permit under this chapter, or to aid in the enforcement of this chapter or in prescribing of rules and forms under, and amendments to, this chapter and may publish information concerning any violation of this chapter or any rule or order under this chapter.
[ 1988 c 159 s 22; 1982 c 69 s 16.]


title: RCW 19.105.470

text:
(1) Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter, any withdrawal of a camping resort property in violation of RCW 19.105.380(1)(o), or any rule, order, or permit issued under this chapter, the director may in his or her discretion issue an order directing the person to cease and desist from continuing the act or practice. The procedures in RCW 18.235.150 apply to these cease and desist orders. However, the director may issue a temporary order pending the hearing which shall be effective immediately upon delivery to the person affected and which shall remain in effect until ten days after the hearing is held and which shall become final if the person to whom notice is addressed does not request a hearing.
(2) If it appears necessary in order to protect the interests of members and purchasers, whether or not the director has issued a cease and desist order, the attorney general in the name of the state, the director, the proper prosecuting attorney, an affiliated members' common-interest association, or a group of members as a class, may bring an action in any court of competent jurisdiction to enjoin any such acts or practices and to enforce compliance with this chapter or any rule, order, or permit under this chapter. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the defendant, for the defendant's assets, or to protect the interests or assets of a members' common-interest association or the members of a camping resort as a class. The state, the director, a members' common-interest association, or members as a class shall not be required to post a bond in such proceedings.
[ 2002 c 86 s 275; 2000 c 171 s 69; 1988 c 159 s 23; 1982 c 69 s 18.]
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: Cease and desist orders—Utilizing temporary order, injunction, restraining order, or writ of mandamus.


title: RCW 19.105.480

text:
(1) Any person who willfully fails to register an offering of camping resort contracts under this chapter is guilty of a gross misdemeanor.
(2) It is a gross misdemeanor for any person in connection with the offer or sale of any camping resort contracts willfully and knowingly:
(a) To make any untrue or misleading statement of a material fact, or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading;
(b) To employ any device, scheme, or artifice to defraud;
(c) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person;
(d) To file, or cause to be filed, with the director any document which contains any untrue or misleading information;
(e) To breach any impound, escrow, trust, or other security arrangement provided for by this chapter;
(f) To cause the breaching of any trust, escrow, impound, or other arrangement placed in a registration for compliance with RCW 19.105.336; or
(g) To employ unlicensed salespersons or permit salespersons or employees to make misrepresentations or violate this chapter.
(3) No indictment or information may be returned under this chapter more than five years after the date of the event alleged to have been a violation.
[ 2003 c 53 s 152; 1988 c 159 s 24; 1982 c 69 s 19.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Violations—As gross misdemeanors—Statute of limitations.


title: RCW 19.105.490

text:
The director may refer such evidence as may be available concerning violations of this chapter or of any rule or order under this chapter to the attorney general or the proper prosecuting attorney who may in his or her discretion, with or without such a reference, institute the appropriate civil or criminal proceedings under this chapter.
[ 2011 c 336 s 566; 1982 c 69 s 20.]

catchline: Violations—Referral to attorney general or prosecuting attorney.


title: RCW 19.105.500

text:
For the purposes of application of the consumer protection act, chapter 19.86 RCW, any material violation of the provisions of this chapter shall be construed to constitute an unfair or deceptive act or practice or unfair method of competition in the conduct of trade or commerce.
[ 1982 c 69 s 21.]

catchline: Violations—Application of consumer protection act.


title: RCW 19.105.510

text:
Camping resort contracts registered under this chapter are exempt from the provisions of chapters 21.20 and * 58.19 RCW and any act in this state regulating the offer and sale of land developments, real estate cooperatives, or time shares. Nothing in this chapter prevents counties or cities from enacting ordinances or resolutions setting platting or subdivision requirements solely for camping resorts or for camping resorts as subdivisions or binding site plans if appropriate to chapter 58.17 RCW or local ordinances.
[ 1988 c 159 s 25; 1982 c 69 s 22.]
Notes:
*Reviser's note: Chapter 58.19 RCW was repealed in its entirety by 2024 c 321 s 504, effective January 1, 2028.

catchline: Resort contracts—Nonapplicability of certain laws—County and city powers.


title: RCW 19.105.520

text:
(1) Neither the fact that an application for registration nor the written disclosures required by this chapter have been filed, nor the fact that a camping resort contract offering has been effectively registered or exempted, constitutes a finding by the director that the offering or any document filed under this chapter is true, complete, and not misleading, nor does the fact mean that the director has determined in any way the merits or qualifications of or recommended or given approval to any person, camping resort operator, or camping resort contract transaction.
(2) It is a gross misdemeanor to make or cause to be made to any prospective purchaser any representation inconsistent with this section.
[ 2003 c 53 s 153; 1988 c 159 s 26; 1982 c 69 s 24.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Unlawful to represent director's administrative approval as determination as to merits of resort—Penalty.


title: RCW 19.105.530

text:
(1) The director may make, amend, and repeal rules, forms, and orders when necessary to carry out the provisions of this chapter.
(2) The director may appoint those persons within the department deemed necessary to administer this chapter. The director may delegate to such persons any powers, subject to the authority of the director, that may be necessary to carry out this chapter, including the issuance and processing of administrative proceedings and entering into stipulations under RCW 19.105.380.
[ 1988 c 159 s 27; 1982 c 69 s 25.]

catchline: Rules, forms, orders—Administration of chapter.


title: RCW 19.105.540

text:
Chapter 34.05 RCW shall apply to any administrative procedures carried out by the director under this chapter unless otherwise provided in this chapter.
[ 1982 c 69 s 26.]

catchline: Administrative procedure act application.


title: RCW 19.105.550

text:
This chapter shall be administered by the director of licensing.
[ 1982 c 69 s 27.]

catchline: Administration.


title: RCW 19.105.560

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 276.]
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 19.105.570

text:
An applicant with military training or experience satisfies the training or experience requirements of this chapter unless the director determines that the military training or experience is not substantially equivalent to the standards of this state.
[ 2011 c 351 s 17.]

catchline: Military training or experience.


title: RCW 19.105.571

text:
The director shall develop rules consistent with RCW 18.340.020 for the registration of spouses of military personnel.
[ 2011 2nd sp.s. c 5 s 5.]
Notes:
Implementation—2011 2nd sp.s. c 5: See note following RCW 18.340.010.

catchline: Spouses of military personnel—Registration.


title: RCW 19.105.910

text:
Except as specifically provided in RCW 19.105.510, the provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy available at law.
[ 1982 c 69 s 23.]

catchline: Construction—Chapter as cumulative and nonexclusive.


title: RCW 19.105.930

text:
This act shall take effect on November 1, 1982.
[ 1982 c 69 s 32.]

catchline: Effective date—1982 c 69.


title: RCW 19.108.010

text:
Unless the context clearly requires otherwise, the definitions set forth in this section apply throughout this chapter.
(1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means;
(2) "Misappropriation" means:
(a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(b) Disclosure or use of a trade secret of another without express or implied consent by a person who:
(i) Used improper means to acquire knowledge of the trade secret; or
(ii) At the time of disclosure or use, knew or had reason to know that his or her knowledge of the trade secret was (A) derived from or through a person who had utilized improper means to acquire it, (B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use, or (C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(iii) Before a material change of his or her position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(4) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process that:
(a) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
[ 1981 c 286 s 1.]

catchline: Definitions.


title: RCW 19.108.020

text:
(1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(2) If the court determines that it would be unreasonable to prohibit future use, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time the use could have been prohibited.
(3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
[ 1981 c 286 s 2.]

catchline: Remedies for misappropriation—Injunction, royalty.


title: RCW 19.108.030

text:
(1) In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by misappropriation. A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.
(2) If wilful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (1).
[ 1981 c 286 s 3.]

catchline: Remedies for misappropriation—Damages.


title: RCW 19.108.040

text:
If a claim of misappropriation is made in bad faith, a motion to terminate an injunction is made or resisted in bad faith, or wilful and malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party.
[ 1981 c 286 s 4.]

catchline: Award of attorney's fees.


title: RCW 19.108.050

text:
In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
[ 1981 c 286 s 5.]

catchline: Court orders to preserve secrecy of alleged trade secrets.


title: RCW 19.108.060

text:
An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
[ 1981 c 286 s 6.]

catchline: Actions for misappropriation—Time limitation.


title: RCW 19.108.900

text:
(1) This chapter displaces conflicting tort, restitutionary, and other law of this state pertaining to civil liability for misappropriation of a trade secret.
(2) This chapter does not affect:
(a) Contractual or other civil liability or relief that is not based upon misappropriation of a trade secret; or
(b) Criminal liability for misappropriation of a trade secret.
[ 1981 c 286 s 7.]
Notes:
Theft of trade secrets: RCW 9A.56.010(6), 9A.56.020.

catchline: Effect of chapter on other law.


title: RCW 19.108.910

text:
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
[ 1981 c 286 s 8.]

catchline: Construction of uniform act.


title: RCW 19.108.920

text:
This chapter may be known and cited as the uniform trade secrets act.
[ 1981 c 286 s 9.]

catchline: Short title.


title: RCW 19.108.930

text:
This chapter takes effect on January 1, 1982, and does not apply to misappropriation occurring prior to the effective date.
[ 1981 c 286 s 12.]

catchline: Effective date—Application—1981 c 286.


title: RCW 19.110.010

text:
The legislature finds and declares that the widespread and unregulated sale of business opportunities has become a common area of investment problems and deceptive practices in the state of Washington. As a result, the provisions of this chapter are necessary to counteract the potential negative impact of the sale of business opportunities upon the economy of the state.
[ 1981 c 155 s 1.]

catchline: Legislative declaration.


title: RCW 19.110.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Business opportunity" means the sale or lease of any product, equipment, supply, or service which is sold or leased to enable the purchaser to start a business; and:
(a) The seller represents that the seller will provide locations or assist the purchaser in finding locations, on premises neither owned nor leased by the purchaser or seller, for the use or operation of vending machines, display racks, cases, or similar devices or coin-operated amusement machines or similar devices; or
(b) The seller represents that the seller will purchase any product made, produced, fabricated, assembled, modified, grown, or bred by the purchaser using, in whole or part, any product, equipment, supply, or service sold or leased to the purchaser by the seller; or
(c) The seller guarantees that the purchaser will earn an income greater than or equal to the price paid for the business opportunity; or
(d) The seller represents that if the purchaser pays a fee exceeding three hundred dollars directly or indirectly for the purpose of the seller providing a sales or marketing program, the seller will provide such a program which will enable the purchaser to derive income from the business opportunity which exceeds the price paid for the business opportunity.
(2) "Person" includes an individual, corporation, partnership, joint venture, or any business entity.
(3) "Seller" means a person who sells or leases a business opportunity.
(4) "Purchaser" means a person who buys or leases a business opportunity.
(5) "Director" means the director of financial institutions.
(6) "Guarantee" means an undertaking by the seller to refund all or a portion of the purchase price paid for the business opportunity.
[ 1994 c 92 s 4; 1981 c 155 s 2.]


title: RCW 19.110.030

text:
(1) An offer to sell or offer to lease a business opportunity occurs in Washington when:
(a) The offer is made in Washington; or
(b) The purchaser resides in Washington at the time of the offer and the business opportunity is or will be located, in whole or in part, in the state of Washington; or
(c) The offer originates from Washington; or
(d) The business opportunity is or will be, in whole or in part, located in Washington.
(2) An offer does not occur in Washington if a seller advertises only in a newspaper having more than two-thirds of its circulation outside the state of Washington, or on a radio or television program originating outside the state and does not sell or lease business opportunities in Washington.
(3) A sale or lease of a business opportunity occurs in Washington when:
(a) The sale or lease is made in Washington; or
(b) The purchaser resides in Washington at the time of the sale or lease, and the business opportunity is or will be located, in whole or in part, in Washington; or
(c) The business opportunity is or will be located in Washington.
[ 1981 c 155 s 3.]

catchline: Sale or lease of business opportunity—Offer to sell or lease business opportunity—Occurrence in Washington.


title: RCW 19.110.040

text:
Nothing in this chapter applies to:
(1) A radio station, television station, publisher, printer, or distributor of a newspaper, magazine, billboard, or other advertising medium which accepts advertising in good faith without knowledge of its violation of any provision of this chapter;
(2) A franchise subject to the provisions of chapter 19.100 RCW;
(3) A security subject to the provisions of chapter 21.20 RCW;
(4) A newspaper distribution system;
(5) The sale, lease, or transfer of a business opportunity by a purchaser if the purchaser sells only one business opportunity in any twelve-month period;
(6) The not-for-profit sale of sales demonstration equipment, materials, or samples where the total cost does not exceed five hundred dollars;
(7) A marketing program made in conjunction with licensing of a registered trademark or service mark for which no consideration is paid. Any consideration paid in conjunction with the purchase of goods at a bona fide wholesale price does not constitute consideration under this subsection; or
(8) A transaction regulated pursuant to chapter 18.85 RCW.
[ 1981 c 155 s 4.]

catchline: Application of chapter.


title: RCW 19.110.050

text:
(1) Any person who proposes to sell or lease a business opportunity must register prior to advertising, soliciting, or making any offer, sale, or lease in this state.
(2) Any person proposing to sell or lease a business opportunity must apply for registration by filing with the director:
(a) A copy of the disclosure document required by RCW 19.110.070;
(b) An irrevocable consent to service of process;
(c) The prescribed registration fee; and
(d) Copies of all advertisements intended to be used in connection with the offer and sale of the business opportunity.
(3) If the application meets the requirements for registration, the director shall issue a registration number to the applicant. The applicant must include the number in every advertisement in this state.
(4) Registration is effective for one year. An applicant must renew registration annually unless the director extends the duration of registration in order to stagger renewal periods. The renewal application must contain:
(a) Any new information necessary to comply with the disclosure requirements of RCW 19.110.070;
(b) The prescribed renewal fee; and
(c) Copies of any and all advertisements intended to be used in connection with the offer and sale of the business opportunity.
(5) The applicant must amend the registration whenever there is any material change in the required information.
(6) The applicant must file copies of all advertisements offering business opportunities seven days before their intended use.
(7) The director may issue an order denying, suspending, or revoking any applicant's registration if the director finds that the order is in the public interest and that:
(a) The registration application is incomplete or contains any statement which is false or misleading with respect to any material fact; or
(b) Any provision of this chapter or any rule or order lawfully imposed under this chapter has been violated; or
(c) The business opportunity includes or would include activities which are illegal; or
(d) The business opportunity has worked or tended to work a fraud on purchasers or would so operate.
(8) The director shall promptly notify the applicant of any order denying, suspending, or revoking registration. The applicant may request a hearing within fifteen days of notification. If the applicant does not request a hearing, the order remains in effect until the director modifies or vacates it. The applicant shall be notified of the right to request a hearing within fifteen days.
[ 1981 c 155 s 5.]

catchline: Persons proposing to sell or lease business opportunity—Registration required—Application—Renewal—Denial, suspension, or revocation of registration.


title: RCW 19.110.060

text:
The director shall charge and collect the fees specified by this section. All fees are nonrefundable and shall be deposited in the state treasury.
(1) The registration fee is two hundred dollars.
(2) The renewal fee is one hundred twenty-five dollars.
(3) The amendment fee is thirty dollars.
[ 1981 c 155 s 6.]

catchline: Registration fees.


title: RCW 19.110.070

text:
The seller shall provide the purchaser a written disclosure document at least forty-eight hours before the purchaser signs a business opportunity contract. The cover sheet of the disclosure document shall be entitled: "DISCLOSURES REQUIRED BY THE STATE OF WASHINGTON." The following statement shall appear under the title: "The state of Washington has not reviewed and does not approve, recommend, endorse, or sponsor any business opportunity. The information contained in this disclosure has not been verified by the state. If you have any questions about this investment, see an attorney before you sign a contract." The cover sheet shall contain only the required title and statement, and both shall be in at least ten point type. The disclosure document shall include at least the following information:
(1) The official name, address, and principal place of business of the seller and of any parent or affiliated company, or any predecessors;
(2) The names, addresses, and titles of the seller's officers, directors, trustees, general partners, general managers, principal executives, and any other persons responsible for the seller's business opportunity activities;
(3) A statement disclosing which, if any, of the persons listed in subsections (1) or (2) of this section:
(a) Has, at any time during the previous ten years, been convicted of a felony or pleaded nolo contendere to a felony charge if the felony involved fraud (including violation of any franchise or business opportunity law or unfair or deceptive practices law), embezzlement, fraudulent conversion, misappropriation of property, or restraint of trade;
(b) Has, at any time during the previous ten years, been held liable in a civil action resulting in a final judgment or has settled out of court any civil action or is a party to any civil action involving allegations of fraud (including violation of any franchise or business opportunity law or unfair or deceptive practices law), embezzlement, fraudulent conversion, misappropriation of property, or restraint of trade, or any civil action which was brought by a present or former purchaser or purchasers and which involves or involved the business opportunity;
(c) Is subject to any currently effective state or federal agency or court injunctive or restrictive order, or is a party to a proceeding currently pending in which such order is sought, relating to or affecting business opportunities activities or the business opportunity seller-purchaser relationship, or involving fraud (including violation of any franchise or business opportunity law or unfair or deceptive practices law), embezzlement, fraudulent conversion, misappropriation of property, or restraint of trade.
The statement shall include the identity and location of the court or agency, the date of conviction, judgment, or decision, the penalty imposed, the damages assessed, the terms of settlement or the terms of the order, and the date, nature, terms, and conditions of each such order or ruling;
(4) A statement disclosing which, if any, of the persons listed in subsections (1) and (2) of this section has, at any time during the previous ten years:
(a) Filed in bankruptcy; or
(b) Been adjudged bankrupt; or
(c) Been reorganized due to insolvency; or
(d) Been a principal, director, executive officer, or partner of any other person who has filed in bankruptcy, been adjudged bankrupt, or been reorganized due to insolvency;
(5) A statement of when, where, and how long the seller has:
(a) Offered, sold, or leased business opportunity plans; and
(b) Offered, sold, or leased the specific business opportunity plan offered to the purchaser; and
(c) Operated a business of the type offered to the purchaser;
(6) A statement disclosing:
(a) The total number of business opportunities which the seller has sold or leased; and
(b) The number of failures of business opportunities which the seller has sold or leased;
(7) The terms and conditions of payment, including the initial payment, downpayment, and any additional or recurring payments;
(8) A copy of any statement concerning estimated or projected sales or earnings, the data on which the estimations or projections are based, and an explanation of the extent to which the data relates to the actual operations of the business opportunity offered to the purchaser;
(9) A copy of the bond or written notice of the depository, the name of the trustee, and account number of the trust account, if the seller is required by RCW 19.110.100 to establish either a bond or trust account;
(10) A copy of the seller's current (not more than three months old) financial statement and any amendments necessary to reflect material changes in the seller's financial condition;
(11) An unexecuted copy of any business opportunity contract or agreement which the purchaser may be required to sign;
(12) Any additional information which the director requires by rule or order.
[ 1981 c 155 s 7.]

catchline: Disclosure document required—Contents.


title: RCW 19.110.075

text:
(1) Any person who violates RCW 19.110.050 or 19.110.070 is guilty of a gross misdemeanor.
(2) Any person who knowingly violates RCW 19.110.050 or 19.110.070 is guilty of a class B felony punishable according to chapter 9A.20 RCW.
(3) No indictment or information for a felony may be returned under this chapter more than five years after the alleged violation.
[ 2003 c 53 s 156.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Business opportunity fraud—Penalties.


title: RCW 19.110.080

text:
The director may, by rule or order:
(1) Accept any disclosure document filed with agencies of the United States or any other state; or
(2) Accept any disclosure document compiled in accordance with any rule or regulation of any agency of the United States or any other state; or
(3) Waive disclosure of information which is inapplicable or unnecessary for protection of purchasers.
[ 1981 c 155 s 8.]

catchline: Disclosure document—Director authorized to accept alternative.


title: RCW 19.110.090

text:
Every person who proposes to sell or lease a business opportunity in this state through any person acting on an agency basis in the common law sense shall file with the director, in such form as the director by rule prescribes, an irrevocable consent appointing the director or the director's successor in office to be the attorney of the applicant to receive service of any lawful process in any noncriminal suit, action, or proceeding against the applicant or the applicant's successor, executor, or administrator which arises under this chapter or any rule or order hereunder after the consent has been filed, with the same force and validity as if served personally on the person filing the consent. A person who has filed a consent in connection with a previous registration need not file another. Service may be made by leaving a copy of the process in the office of the director, but it is not effective unless (1) the plaintiff, who may be the director in a suit, action, or proceeding instituted by him or her, forthwith sends notice of the service and a copy of the process by registered mail to the defendant or respondent at the last address of the respondent or defendant on file with the director, and (2) the plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.
[ 1981 c 155 s 9.]

catchline: Persons proposing to sell or lease business opportunity—Service of process.


title: RCW 19.110.100

text:
(1) If the seller makes any guarantee described in RCW 19.110.020(1)(c), the seller shall have a surety bond issued by a surety company authorized to do business in Washington or a trust account with a licensed and insured bank or savings institution located in the state of Washington. The trustee shall be acceptable to the director. The bond or the trust account shall be at least fifty thousand dollars. The director may, by rule or order, establish procedures for the initiation, operation, or termination of any bond or trust account required under this section.
(2) The bond or trust account shall be in the name of the state of Washington. It shall be for the benefit of the state and any person injured by any violation of this chapter, or by the seller's breach of any business opportunity contract or obligation arising from a business opportunity contract. The state may bring an action against the bond or trust account to recover penalties. The state or an injured person may bring an action against the bond or trust account for damages to the injured person. The liability of the surety or trustee shall be only for actual damages and shall not exceed the amount of the bond or trust account.
[ 1981 c 155 s 10.]

catchline: Seller to provide surety bond or trust account—Action by state or injured person—Damages.


title: RCW 19.110.110

text:
(1) Every business opportunity contract shall be in writing and shall be dated and signed by the purchaser.
(2) The seller shall provide the purchaser with a copy of the completed contract at the time the purchaser signs the contract.
(3) The seller may not receive any consideration before the purchaser signs a business opportunity contract.
(4) The contract shall include the following notifications, in ten point type, immediately above the space for the purchaser's signature:
(a) "Do not sign this contract if any of the spaces for agreed terms are blank."
(b) "Do not sign this contract unless you received a written disclosure document from the seller at least forty-eight hours before signing."
(c) "You are entitled to a copy of this contract at the time you sign it."
(d) "You have seven days exclusive of Saturday, Sunday, and holidays to cancel this contract for any reason by sending written notice to the seller by certified mail, return receipt requested. Notice of cancellation should be mailed to:
. . . .
(seller's name and business street address)
The notice must be postmarked before midnight of the seventh day exclusive of Saturday, Sunday, and holidays after you sign the contract.
The seller shall return all deposits and payments within ten days after receipt of your cancellation notice.
You must make available to the seller all equipment, products, and supplies provided by the seller within ten days after receipt of all refunded deposits and payments."
[ 1981 c 155 s 11.]

catchline: Business opportunity contract—Content—Cancellation period.


title: RCW 19.110.120

text:
(1) It is unlawful for any person to:
(a) Make any untrue or misleading statement of a material fact or to omit to state a material fact in connection with the offer, sale, or lease of any business opportunity in the state; or
(b) Employ any device, scheme, or artifice to defraud; or
(c) Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person; or
(d) Knowingly file or cause to be filed with the director any document which contains any untrue or misleading information; or
(e) Knowingly violate any rule or order of the director.
(2) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW.
[ 2003 c 53 s 154; 1981 c 155 s 12.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Unlawful acts.


title: RCW 19.110.130

text:
Any seller who violates any provision of this chapter is liable to the purchaser. The purchaser may sue for actual damages, or an injunction, or rescission, or other relief.
In addition, the purchaser may sue for costs of suit, including a reasonable attorney's fee. The court may increase the amount of damages awarded up to three times the amount of actual damages.
[ 1981 c 155 s 13.]

catchline: Liability of seller for violation of chapter—Remedies—Damages.


title: RCW 19.110.140

text:
The director may make public or private investigations within or outside the state of Washington to determine whether any person has violated or is about to violate any provision of this chapter or any rule or order issued under this chapter. The director, or any officer designated by the director, may administer oaths and affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant to the inquiry.
If any person fails to comply with a lawful subpoena, or refuses to testify under lawful interrogation, or refuses to produce documents and records, the director may apply to the superior court of any county for relief. After satisfactory evidence of wilful disobedience, the court may compel obedience by proceedings for contempt.
[ 1981 c 155 s 14.]

catchline: Director authorized to investigate violations—Authority to subpoena witnesses or require production of documents.


title: RCW 19.110.143

text:
(1) The director or authorized assistants may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in the county where the subpoenaed person resides or is found, or the county where the subpoenaed documents, records, or evidence are located, or in Thurston county. The application must:
(a) State that an order is sought under this section;
(b) Adequately specify the documents, records, evidence, or testimony; and
(c) Include a declaration made under oath that an investigation is being conducted for a lawfully authorized purpose related to an investigation within the department's authority and that the subpoenaed documents, records, evidence, or testimony are reasonably related to an investigation within the department's authority.
(2) When an application under this section is made to the satisfaction of the court, the court must issue an order approving the subpoena. An order under this subsection constitutes authority of law for the agency to subpoena the documents, records, evidence, or testimony.
(3) The director or authorized assistants may seek approval and a court may issue an order under this section without prior notice to any person, including the person to whom the subpoena is directed and the person who is the subject of an investigation. An application for court approval is subject to the fee and process set forth in RCW 36.18.012(3).
[ 2011 c 93 s 4.]
Notes:
Finding—Intent—2011 c 93: See note following RCW 18.44.425.


title: RCW 19.110.150

text:
(1) The director may order any person to cease and desist from an act or practice if it appears that the person is violating or is about to violate any provision of this chapter or any rule or order issued under this chapter.
(2) Reasonable notice of and opportunity for a hearing shall be given. The director may issue a temporary order to cease and desist pending the hearing. The temporary order shall remain in effect until ten days after the hearing. If a person does not request a hearing within fifteen days of receiving an order to cease and desist, the order becomes final. Any person who is named in the order to cease and desist shall be notified of the right to request a hearing within fifteen days.
[ 1981 c 155 s 15.]

catchline: Order to cease and desist—Hearing—Notice.


title: RCW 19.110.160

text:
(1)(a) The attorney general, in the name of the state or the director, or the proper prosecuting attorney may bring an action to enjoin any person from violating any provision of this chapter. Upon proper showing, the superior court shall grant a permanent or temporary injunction, restraining order, or writ of mandamus.
The court may make such additional orders or judgments as may be necessary to restore to any person in interest and money or property, real or personal, which may have been acquired by means of an act prohibited or declared unlawful by this chapter.
The prevailing party may recover costs of the action, including a reasonable attorney's fee.
(b) The superior court issuing an injunction shall retain jurisdiction. Any person who violates the terms of an injunction shall pay a civil penalty of not more than twenty-five thousand dollars.
(2) The attorney general, in the name of the state or the director, or the proper prosecuting attorney may apply to the superior court to appoint a receiver or conservator for any person, or the assets of any person, who is subject to a cease and desist order, permanent or temporary injunction, restraining order, or writ of mandamus.
(3) Any person who violates any provision of this chapter except as provided in subsection (1)(b) of this section, is subject to a civil penalty not to exceed two thousand dollars for each violation. Civil penalties authorized by this subsection may be imposed in any civil action brought by the attorney general or proper prosecuting attorney under this chapter and shall be deposited in the state treasury. Any action for recovery of such civil penalty shall be commenced within five years.
(4) The director may refer evidence concerning violations of this chapter to the attorney general or proper prosecuting attorney. The prosecuting attorney, or the attorney general pursuant to authority granted by RCW 10.01.190, 43.10.230, 43.10.232, and 43.10.234 may, with or without such reference, institute appropriate criminal proceedings.
[ 2003 c 53 s 155; 1981 c 155 s 16.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Actions by attorney general or prosecuting attorney to enjoin violations—Injunction—Appointment of receiver or conservator—Civil penalties.


title: RCW 19.110.170

text:
Any violation of this chapter is declared to be an unfair act or practice or unfair method of competition in the conduct of trade or commerce for the purpose of application of the Consumer Protection Act, chapter 19.86 RCW.
[ 1981 c 155 s 20.]

catchline: Violations constitute unfair practice.


title: RCW 19.110.180

text:
The director may make, amend, and repeal rules, forms, and orders as necessary to carry out the provisions of this chapter. The director may honor requests for interpretive opinions.
[ 1981 c 155 s 17.]

catchline: Authority of director to issue rules, forms, orders, interpretive opinions.


title: RCW 19.110.190

text:
The director shall appoint a competent person to administer this chapter. The director shall delegate to an administrator such powers, subject to the authority of the director, as may be necessary to carry out the provisions of this chapter. The administrator will hold office at the pleasure of the director.
[ 1981 c 155 s 18.]

catchline: Appointment of administrator—Delegation of powers.


title: RCW 19.110.900

text:
The provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy available at law.
[ 1981 c 155 s 19.]

catchline: Chapter cumulative and nonexclusive.


title: RCW 19.110.910

text:
This chapter may be known and cited as the Business Opportunity Fraud Act.
[ 1981 c 155 s 22.]

catchline: Short title.


title: RCW 19.110.930

text:
This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1981.
[ 1981 c 155 s 25.]

catchline: Effective date—1981 c 155.


title: RCW 19.112.005

text:
It is desired that there should be uniformity among the requirements of the several states. This chapter provides for the establishment of quality specifications for all liquid motor fuels, except aviation fuel, marine fuel, and liquefied petroleum gases, and establishes a sampling, testing, and enforcement program.
[ 1990 c 102 s 1.]

catchline: Purpose.


title: RCW 19.112.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Alcohol fuel" means any alcohol made from a product other than petroleum or natural gas that is used alone or in combination with gasoline or other petroleum products for use as a fuel in self-propelled motor vehicles.
(2) "Biodiesel fuel" means the monoalkyl esters of long chain fatty acids derived from plant or animal matter that meet the registration requirements for fuels and fuel additives established by the federal environmental protection agency and standards established by the American society of testing and materials.
(3) "Diesel" means special fuel as defined in RCW 82.38.020, and diesel fuel dyed in accordance with the regulations in 26 C.F.R. Sec. 48.4082-1T as of October 24, 2005.
(4) "Director" means the director of agriculture.
(5) "E85 motor fuel" means motor fuel that is a blend of ethanol and hydrocarbon of which the ethanol portion is nominally 75 to 85 percent denatured fuel ethanol by volume that complies with the most recent version of American society of testing and materials specification D 5798.
(6) "Motor fuel" means any liquid or gaseous product used for the propulsion of a motor vehicle upon the highways of this state or that is intended for use for transportation purposes. Motor fuels containing ethanol may be marketed if either (a) the base motor fuel meets the applicable standards before the addition of the ethanol or (b) the resultant blend meets the applicable standards after the addition of the ethanol.
(7) "Nonhazardous motor fuel" means any fuel of a type distributed for use in self-propelled motor vehicles that does not contain a hazardous liquid as defined in RCW 19.122.020.
(8) "Renewable diesel" means a diesel fuel substitute produced from nonpetroleum renewable sources, including vegetable oils and animal fats, that meets the registration requirements for fuels and fuel additives established by the federal environmental protection agency in 40 C.F.R. Part 79 (2008) and meets the requirements of American society of testing and materials specification D 975.
[ 2026 c 160 s 1; 2009 c 132 s 1; 2007 c 309 s 1; 2006 c 338 s 15; 1991 c 145 s 1; 1990 c 102 s 2.]
Notes:
Findings—Intent—2006 c 338: See note following RCW 19.112.110.

catchline: Definitions.


title: RCW 19.112.020

text:
(1) This chapter shall be administered by the director or his or her authorized agent. For the purpose of administering this chapter, for motor fuel except biodiesel fuel, the standards set forth in the Annual Book of ASTM Standards and supplements thereto, and revisions thereof, are adopted, together with applicable federal environmental protection agency standards. If a conflict exists between federal environmental protection agency standards, ASTM standards, or state standards, for purposes of uniformity, federal environmental protection agency standards shall take precedence over ASTM standards. Any state standards adopted must be consistent with federal environmental protection agency standards and ASTM standards not in conflict with federal environmental protection agency standards.
(2) The director may establish a fuel testing laboratory or may contract with a laboratory for testing. The director may also adopt rules on false and misleading advertising, labeling and posting of prices, and the standards for, and identity of, motor fuels. The director shall require fuel pumps offering an ethanol blend to be identified by a label stating the percentage of ethanol and fuel pumps offering a biodiesel blend of up to and including five percent to be identified by a label that states "may contain up to five percent biodiesel." Biodiesel blends above five percent shall be identified by a label stating the percentage of biodiesel being offered.
(3) The rules adopted under RCW 19.112.140 shall also provide that the diesel refiner is responsible for meeting the ASTM standards required by chapter 338, Laws of 2006 when providing diesel fuel into the distribution system.
[ 2010 c 96 s 1; 2006 c 338 s 8; 1990 c 102 s 3.]
Notes:
Findings—Intent—2006 c 338: See note following RCW 19.112.110.

catchline: Administration of chapter—Standards—Testing laboratory.


title: RCW 19.112.030

text:
The director may:
(1) Enforce and administer this chapter by inspections, analyses, and other appropriate actions;
(2) Have access during normal business hours to all places where motor fuels are marketed for the purpose of examination, inspection, taking of samples, and investigation. If access is refused by the owner or agent or other persons leasing the same, the director or his or her agent may obtain an administrative search warrant from a court of competent jurisdiction;
(3) Collect or cause to be collected, samples of motor fuels marketed in this state, and cause such samples to be tested or analyzed for compliance with this chapter;
(4) Issue a stop-sale order for any motor fuel found not to be in compliance and rescind the stop-sale order if the motor fuel is brought into compliance with this chapter;
(5) Refuse, revoke, or suspend the registration of a motor fuel;
(6) Delegate to authorized agents any of the responsibilities for the proper administration of this chapter;
(7) Establish a motor fuel testing laboratory.
[ 1990 c 102 s 4.]

catchline: Director's authority.


title: RCW 19.112.040

text:
All motor fuel shall be registered by the name, brand, or trademark under which it will be sold at the terminal. Registration shall include:
(1) The name and address of the person registering the motor fuel;
(2) The antiknock index or cetane number, as appropriate, at which the motor fuel is to be marketed;
(3) A certification, declaration, or affidavit that each individual grade or type of motor fuel shall conform to this chapter.
[ 1990 c 102 s 5.]

catchline: Motor fuel registration.


title: RCW 19.112.050

text:
It is unlawful to:
(1) Market motor fuels in any manner that may deceive or tend to deceive the purchaser as to the nature, price, quantity, and quality of a motor fuel;
(2) Fail to register a motor fuel;
(3) Submit incorrect, misleading, or false information regarding the registration of a motor fuel;
(4) Hinder or obstruct the director, or his or her authorized agent, in the performance of his or her duties;
(5) Market a motor fuel that is contrary to this chapter.
[ 1990 c 102 s 6.]


title: RCW 19.112.060

text:
(1)(a) Any person who knowingly violates any provision of this chapter or rules adopted under it is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand dollars or imprisonment for up to three hundred sixty-four days, or both.
(b) The director shall assess a civil penalty ranging from one hundred dollars to ten thousand dollars per occurrence, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, and the history of previous violations. Civil penalties collected under this chapter shall be deposited into the motor vehicle fund.
(2) The penalties in subsection (1)(a) of this section do not apply to violations of RCW 19.112.110 and 19.112.120.
[ 2011 c 96 s 20; 2006 c 338 s 6; 1990 c 102 s 7.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.
Findings—Intent—2006 c 338: See note following RCW 19.112.110.

catchline: Penalties.


title: RCW 19.112.070

text:
The director may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any provision of this chapter.
[ 1990 c 102 s 8.]

catchline: Injunctive relief.


title: RCW 19.112.080

text:
This chapter is in addition to any requirements under chapter 19.94 RCW.
[ 1990 c 102 s 9.]

catchline: Chapter in addition to chapter 19.94 RCW.


title: RCW 19.112.090

text:
The directors of the departments of ecology and agriculture may grant a variance from ASTM motor fuel specifications if necessary to produce lower emission motor fuels.
[ 1991 c 199 s 231.]
Notes:
Finding—1991 c 199: See note following RCW 70A.15.1005.
Effective dates—1991 c 199: See RCW 70A.15.9003.

catchline: Air pollution reduction—Variances from ASTM.


title: RCW 19.112.100

text:
Methyl tertiary-butyl ether may not be intentionally added to any gasoline, motor fuel, or clean fuel produced for sale or use in the state of Washington after December 31, 2003. In no event may methyl tertiary-butyl ether be knowingly mixed in gasoline above fifteen one-hundredths of one percent by volume.
[ 2007 c 310 s 1; 2001 c 218 s 1.]

catchline: Methyl tertiary-butyl ether.


title: RCW 19.112.110

text:
(1) Special fuel licensees under chapter 82.38 RCW, as determined by the department of licensing, must provide evidence to the department of licensing that at least two percent of the total annual diesel fuel sold in Washington is biodiesel or renewable diesel fuel, following the earlier of: (a) November 30, 2008; or (b) when a determination is made by the director, published in the Washington State Register, that feedstock grown in Washington state can satisfy a two-percent requirement.
(2) Special fuel licensees under chapter 82.38 RCW, as determined by the department of licensing, must provide evidence to the department of licensing that at least five percent of total annual diesel fuel sold in Washington is biodiesel or renewable diesel fuel, when the director determines, and publishes this determination in the Washington State Register, that both in-state oil seed crushing capacity and feedstock grown in Washington state can satisfy a three-percent requirement.
(3) The requirements of subsections (1) and (2) of this section may take effect no sooner than one hundred eighty days after the determination has been published in the Washington State Register.
(4) The director and the director of licensing must each adopt rules, in coordination with each other, for enforcing and carrying out the purposes of this section.
(5) To the extent that the requirements of this section conflict with the requirements of chapter 70A.535 RCW, the requirements of chapter 70A.535 RCW prevail.
[ 2021 c 317 s 26; 2013 c 225 s 601; 2009 c 132 s 2; 2006 c 338 s 2.]
Notes:
Severability—2021 c 317: See note following RCW 70A.535.005.
Effective date—2013 c 225: See note following RCW 82.38.010.
Findings—Intent—2006 c 338: "The legislature finds that it is in the public interest to establish a market for alternative fuels in Washington. By requiring a growing percentage of our fuel supply to be renewable biofuel that meets appropriate fuel quality standards, we will reduce our dependence on imports of foreign oil, improve the health and quality of life for Washingtonians, and stimulate the creation of a new industry in Washington that benefits our farmers and rural communities. The legislature finds that it is in the public interest for the state to play a central role in spurring the market by purchasing an increasing amount of alternative fuels produced in Washington. The legislature finds that we must act now and that the time available before the requirements of this act take effect is sufficient for feedstock and fuel providers to prepare for successful implementation.
The legislature intends for consumers to have a choice of fuels and to encourage and promote the development, availability, and use of a diversity of renewable fuels and fuel blends ranging from fuels composed of no renewable content to completely renewable fuels." [ 2006 c 338 s 1.]

catchline: Special fuel licensees—Required sales of biodiesel or renewable diesel fuel—Rules.


title: RCW 19.112.120

text:
(1) By December 1, 2008, motor vehicle fuel licensees under chapter 82.38 RCW, as determined by the department of licensing, must provide evidence to the department of licensing that at least two percent of total gasoline sold in Washington, measured on a quarterly basis, is denatured ethanol.
(2) If the director of ecology determines that ethanol content greater than two percent of the total gasoline sold in Washington will not jeopardize continued attainment of the federal clean air act's national ambient air quality standard for ozone pollution in Washington and the director of agriculture determines and publishes this determination in the Washington State Register that sufficient raw materials are available within Washington to support economical production of ethanol at higher levels, the director of agriculture may require by rule that licensees provide evidence to the department of licensing that denatured ethanol comprises between two percent and at least ten percent of total gasoline sold in Washington, measured on a quarterly basis.
(3) The requirements of subsections (1) and (2) of this section may take effect no sooner than one hundred eighty days after the determination has been published in the Washington State Register.
(4) The director and the director of licensing must each adopt rules, in coordination with each other, for enforcing and carrying out the purposes of this section.
(5) Nothing in this section is intended to prohibit the production, sale, or use of motor fuel for use in federally designated flexibly fueled vehicles capable of using E85 motor fuel. Nothing in this section is intended to limit the use of high octane gasoline not blended with ethanol for use in aircraft.
(6) To the extent that the requirements of this section conflict with the requirements of chapter 70A.535 RCW, the requirements of chapter 70A.535 RCW prevail.
[ 2021 c 317 s 27; 2013 c 225 s 602; 2007 c 309 s 2; 2006 c 338 s 3.]
Notes:
Severability—2021 c 317: See note following RCW 70A.535.005.
Effective date—2013 c 225: See note following RCW 82.38.010.
Findings—Intent—2006 c 338: See note following RCW 19.112.110.

catchline: Motor vehicle fuel licensees—Required sales of denatured ethanol—Rules—Limitation of section.


title: RCW 19.112.130

text:
The department of licensing shall not publicly release, unless pursuant to an order of a court of competent jurisdiction, information submitted as evidence as required by RCW 19.112.110 or 19.112.120, except information disclosed in aggregate form that does not permit the identification of information related to individual fuel licensees.
[ 2006 c 338 s 4.]
Notes:
Findings—Intent—2006 c 338: See note following RCW 19.112.110.

catchline: Information submitted under RCW 19.112.110 or 19.112.120—Limitation on release.


title: RCW 19.112.140

text:
(1) The director shall adopt rules for maintaining standards for biodiesel fuel or fuel blended with biodiesel fuel by adopting all or part of the standards set forth in the Annual Book of ASTM Standards and supplements, amendments, or revisions thereof, all or part of the standards set forth in the National Institute of Standards and Technology (NIST) Handbook 130, Uniform Laws and Regulations in the areas of legal metrology and engine fuel quality rules, and any supplements, amendments, or revisions thereof, together with applicable federal environmental protection agency standards. The rules shall provide that the biodiesel refiner is responsible for meeting the ASTM standards required by chapter 338, Laws of 2006 when providing biodiesel fuel into the distribution system. If a conflict exists between federal environmental protection agency standards, ASTM standards, or NIST standards, for purposes of uniformity, federal environmental protection agency standards shall take precedence over ASTM and NIST standards. The department of agriculture shall not exceed ASTM standards for diesel.
(2) The rules adopted under subsection (1) of this section shall be updated to provide for fuel stability standards when national or international fuel stability standards have been adopted.
[ 2006 c 338 s 7.]
Notes:
Findings—Intent—2006 c 338: See note following RCW 19.112.110.

catchline: Standards for biodiesel fuel/fuel blended with biodiesel fuel—Rules.


title: RCW 19.112.150

text:
The director shall establish a biofuels advisory committee to advise the director on implementing or suspending the minimum renewable fuel content requirements. The committee shall advise the director on applicability to all users; logistical, technical, and economic issues of implementation, including the potential for credit trading, compliance and enforcement provisions, and tracking and reporting requirements; and how the use of renewable fuel blends greater than two percent and renewable fuels other than biodiesel or ethanol could achieve the goals of chapter 338, Laws of 2006. In addition, the committee shall make recommendations to the legislature and governor on the potential to use alternatives to biodiesel, which are produced from nonpetroleum renewable sources (inclusive of vegetable oils and animal fats), to meet the minimum renewable fuel content requirement. The director shall make recommendations to the legislature and the governor on the implementation or suspension of chapter 338, Laws of 2006 by September 1, 2007.
[ 2006 c 338 s 9.]
Notes:
Findings—Intent—2006 c 338: See note following RCW 19.112.110.

catchline: Biofuels advisory committee.


title: RCW 19.112.160

text:
The governor, by executive order, may suspend all or portions of the minimum renewable fuel content requirements in RCW 19.112.110 or 19.112.120, or 43.19.642, based on a determination that such requirements are temporarily technically or economically infeasible, or pose a significant risk to public safety.
[ 2006 c 338 s 11.]
Notes:
Findings—Intent—2006 c 338: See note following RCW 19.112.110.

catchline: Governor's authority to suspend certain minimum renewable fuel content requirements.


title: RCW 19.112.170

text:
(1) By November 30, 2008, the director shall determine whether the state's diesel fuel supply is comprised of at least ten percent biodiesel made predominantly from Washington feedstock.
(2) By November 30, 2008, the director shall determine whether the state's gasoline fuel supply is comprised of at least twenty percent ethanol made predominantly from Washington feedstock, without jeopardizing continued attainment of the federal clean air act's national ambient air quality standard for ozone pollution.
(3) By December 1, 2008, the director shall notify the governor and the legislature of the findings in subsections (1) and (2) of this section.
(4) If the findings from the director indicate that the goals of subsection (1) or (2) of this section, or both, have been achieved, then the governor shall issue an executive order declaring that RCW 19.112.110 or 19.112.120, or both, are no longer applicable.
[ 2006 c 338 s 13.]
Notes:
Findings—Intent—2006 c 338: See note following RCW 19.112.110.

catchline: Determination of the supply of certain fuels—Notification—Declaration concerning the applicability of RCW 19.112.110 or 19.112.120.


title: RCW 19.112.180

text:
(1) If either or both of the goals in RCW 19.112.170 are not achieved by November 30, 2008, the director shall monitor the state's diesel and gasoline fuel supply until such time as those goals, or either of them, is met.
(2) The director shall report to the governor and the legislature regarding the goals in RCW 19.112.170 by November 30th of the year in which a goal is met.
(3) Following notification under this section that a goal has been met, the governor shall prepare executive request legislation repealing RCW 19.112.110 or 19.112.120, or both, as applicable.
[ 2006 c 338 s 14.]
Notes:
Findings—Intent—2006 c 338: See note following RCW 19.112.110.

catchline: Goals under RCW 19.112.170—Report—Executive request legislation.


title: RCW 19.112.900

text:
RCW 19.112.005 through 19.112.080 shall constitute a new chapter in Title 19 RCW and may be cited as the motor fuel quality act.
[ 1990 c 102 s 11.]

catchline: Short title.


title: RCW 19.112.902

text:
This act shall take effect on July 1, 1990.
[ 1990 c 102 s 12.]

catchline: Effective date—1990 c 102.


title: RCW 19.112.903

text:
This act takes effect July 1, 2006.
[ 2006 c 338 s 16.]

catchline: Effective date—2006 c 338.


title: RCW 19.116.005

text:
The legislature finds that the practices of unlawful subleasing or unlawful transfer of an ownership interest in motor vehicles have a substantial negative impact on the state's financial institutions and other businesses engaged in the financing and leasing of motor vehicles.
[ 1990 c 44 s 1.]

catchline: Finding.


title: RCW 19.116.010

text:
The legislature finds that the practice of unlawful subleasing or unlawful transfer of an ownership interest in motor vehicles is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW.
[ 1990 c 44 s 2.]

catchline: Public interest—Finding.


title: RCW 19.116.020

text:
The definitions set forth in this section apply throughout this chapter, unless the context requires otherwise:
(1) "Debtor" has the meaning set forth in RCW 62A.9A-102.
(2) "Motor vehicle" means a vehicle required to be registered under chapter 46.16A RCW.
(3) "Person" means an individual, company, firm, association, partnership, trust, corporation, or other legal entity.
(4) "Security agreement" has the meaning set forth in RCW 62A.9A-102.
(5) "Security interest" has the meaning set forth in *RCW 62A.1-201(37).
(6) "Secured party" has the meaning set forth in RCW 62A.9A-102.
[ 2011 c 171 s 5; 1990 c 44 s 3.]
Notes:
*Reviser's note: RCW 62A.1-201 was amended by 2012 c 214 s 109, changing subsection (37) to subsection (35).
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.

catchline: Definitions.


title: RCW 19.116.030

text:
Unlawful subleasing or unlawful transfer of an ownership interest in motor vehicles 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.
[ 2000 c 171 s 70; 1990 c 44 s 4.]

catchline: Application of consumer protection act.


title: RCW 19.116.040

text:
(1) It is a violation of this chapter for a vehicle dealer, as defined in RCW 46.70.011, to engage in the unlawful transfer of an ownership interest in motor vehicles.
(2) It is a violation of this chapter for a person to engage in the unlawful subleasing of motor vehicles.
[ 2025 c 58 s 2009; 1990 c 44 s 5.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.

catchline: Violations of chapter.


title: RCW 19.116.050

text:
A dealer engages in an act of unlawful transfer of ownership interest in motor vehicles when all of the following circumstances are met:
(1) The dealer does not pay off any balance due to the secured party on a vehicle acquired by the dealer, no later than the close of the second business day after the acquisition date of the vehicle; and
(2) The dealer does not obtain a certificate of title under RCW 46.70.124 for each used vehicle kept in his or her possession unless that certificate is in the possession of the person holding a security interest in the dealer's inventory; and
(3) The dealer does not transfer the certificate of title after the transferee has taken possession of the motor vehicle.
[ 2010 c 161 s 1101; 2000 c 171 s 71; 1990 c 44 s 6.]
Notes:
Effective date—Intent—Legislation to reconcile chapter 161, Laws of 2010 and other amendments made during the 2010 legislative session—2010 c 161: See notes following RCW 46.04.013.

catchline: Unlawful transfer of motor vehicle—Conditions.


title: RCW 19.116.060

text:
A person engages in an act of unlawful subleasing of a motor vehicle if all of the following conditions are met:
(1) The motor vehicle is subject to a lease contract or security agreement the terms of which prohibit the transfer or assignment of any right or interest in the motor vehicle or under the lease contract or security agreement; and
(2) The person is not a party to the lease contract or security agreement; and
(3) The person transfers or assigns or purports to transfer or assign any right or interest in the motor vehicle or under the lease contract or security agreement to any person who is not a party to the lease contract or security agreement; and
(4) The person does not obtain, before the transfer or assignment described in subsection (3) of this section, written consent to the transfer or assignment from the motor vehicle lessor in connection with a lease contract or from the secured party in connection with a security agreement; and
(5) The person receives compensation or some other consideration for the transfer or assignment described in subsection (3) of this section.
[ 1990 c 44 s 7.]

catchline: Unlawful subleasing of motor vehicle—Conditions.


title: RCW 19.116.070

text:
(1) A person engages in an act of unlawful subleasing of a motor vehicle when the person is not a party to the lease contract or security agreement, and assists, causes, or arranges an actual or purported assignment as described in RCW 19.116.060.
(2) A dealer engages in an act of unlawful transfer of an ownership interest in a motor vehicle when the dealer is not a party to the security agreement, and assists, causes, or arranges an actual or purported transfer as described in RCW 19.116.050.
[ 1990 c 44 s 8.]

catchline: Nonparties assisting, causing, or arranging unlawful assignment or transfer.


title: RCW 19.116.080

text:
(1) Unlawful subleasing of a motor vehicle is a class C felony punishable under chapter 9A.20 RCW.
(2) Unlawful transfer of an ownership interest in a motor vehicle is a class C felony punishable under chapter 9A.20 RCW.
[ 2003 c 53 s 157; 1990 c 44 s 9.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Unlawful subleasing or transfer—Class C felony.


title: RCW 19.116.090

text:
A violation of this chapter constitutes an act of criminal profiteering, as defined in RCW 9A.82.010.
[ 1990 c 44 s 10.]

catchline: Violations—Criminal profiteering.


title: RCW 19.116.100

text:
(1) Any one or more of the following persons who suffers damage proximately resulting from one or more acts of unlawful motor vehicle subleasing or unlawful transfer of an ownership interest in a motor vehicle may bring an action against the person who has engaged in those acts:
(a) A secured party;
(b) A debtor;
(c) A lessor;
(d) A lessee;
(e) An actual or purported transferee or assignee;
(f) A guarantor of a lease or security agreement or a guarantor of a purported transferee or assignee.
(2) In an action for unlawful subleasing or unlawful transfer of an ownership interest in a motor vehicle the court may award actual damages; equitable relief, including, but not limited to an injunction and restitution of money and property; reasonable attorneys' fees and costs; and any other relief that the court deems proper.
[ 1990 c 44 s 11.]

catchline: Persons who may bring action—Damages.


title: RCW 19.116.110

text:
(1) The actual or purported transfer or assignment, or the assisting, causing, or arranging of an actual or purported transfer or assignment, of any right or interest in a motor vehicle or under a lease contract or security agreement, by an individual who is a party to the lease contract or security agreement is not an act of unlawful subleasing of or unlawful transfer of an ownership interest in a motor vehicle and is not subject to prosecution.
(2) This chapter does not affect the enforceability of any provision of a lease contract or security agreement by a party thereto.
[ 1990 c 44 s 12.]

catchline: Transfer or assignment of interest by persons with motor vehicles under lease contract or security agreement not subject to prosecution—Enforceability of contract or agreement not affected.


title: RCW 19.116.120

text:
The penalties under this chapter are in addition to any other remedies or penalties provided by law for the conduct proscribed by this chapter.
[ 1990 c 44 s 13.]

catchline: Penalties in addition to other remedies or penalties.


title: RCW 19.118.005

text:
The legislature recognizes that a new motor vehicle is a major consumer purchase and that a defective motor vehicle is likely to create hardship for, or may cause injury to, the consumer. The legislature further recognizes that good cooperation and communication between a manufacturer and a new motor vehicle dealer will considerably increase the likelihood that a new motor vehicle will be repaired within a reasonable number of attempts. It is the intent of the legislature to ensure that the consumer is made aware of his or her rights under this chapter and is not refused information, documents, or service that would otherwise obstruct the exercise of his or her rights.
In enacting these comprehensive measures, it is the intent of the legislature to create the proper blend of private and public remedies necessary to enforce this chapter, such that a manufacturer will be sufficiently induced to take necessary steps to improve quality control at the time of production or provide better warranty service for the new motor vehicles that it sells in this state.
[ 1987 c 344 s 1.]

catchline: Legislative intent.


title: RCW 19.118.010

text:
Every manufacturer of motor vehicles sold in this state and for which the manufacturer has made an express warranty shall maintain in this state sufficient service and repair facilities reasonably close to all areas in which its motor vehicles are sold to carry out the terms of the warranties or designate and authorize in this state as service and repair facilities independent repair or service facilities reasonably close to all areas in which its motor vehicles are sold to carry out the terms of the warranties. As a means of complying with this section, a manufacturer may enter into warranty service contracts with independent service and repair facilities.
[ 1983 c 240 s 1.]

catchline: Motor vehicle manufacturers—Express warranties—Service and repair facilities.