Title 19, BUSINESS REGULATIONS—MISCELLANEOUS

(1) The legislature finds and declares that any violation of this chapter substantially affects the public interest and is an unfair and deceptive act or practice and unfair method of competition in the conduct of trade or commerce as set forth in RCW 19.86.020. (2) In addition t…

A violation of this chapter shall be punished as a gross misdemeanor according to chapter 9A.20 RCW. [ 1989 c 117 s 10.]

Nothing in this chapter shall apply to or regulate any business to the extent such regulation is prohibited or preempted by federal law. [ 2011 c 244 s 7.] Notes: Effective date—2011 c 244: See note following RCW 19.154.010.

This chapter shall be known and cited as the "immigration services fraud prevention act." [ 2011 c 244 s 8; 1989 c 117 s 11.] Notes: Effective date—2011 c 244: See note following RCW 19.154.010.

The use of telephones for commercial solicitation is rapidly increasing. This form of communication offers unique benefits, but entails special risks and poses potential for abuse. The legislature finds that the widespread practice of fraudulent commercial telephone solicitation …

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Commercial telephone solicitation" means: (a) An unsolicited telephone call, initiated by one other than a person described under subsection (2)(b)(i) through (xi) of…

Unfair and deceptive telephone solicitation 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. [ …

In addition to the unprofessional conduct described in RCW 18.235.130, the director of the department of licensing may take disciplinary action for any of the following conduct, acts, or conditions: (1) It shall be unlawful for any person to engage in unfair or deceptive commerci…

(1) In order to maintain or defend a lawsuit or do any business in this state, a commercial telephone solicitor must be registered with the department of licensing. Prior to doing business in this state, a commercial telephone solicitor shall register with the department of licen…

Each commercial telephone solicitor shall appoint the director of the department of licensing as an agent to receive civil process under this chapter if the commercial telephone solicitor has no properly registered agent, if the agent has resigned, or if the agent cannot, after r…

The director of the department of licensing may make rules, create forms, and issue orders as necessary to carry out the provisions of this chapter, pursuant to chapter 34.05 RCW. [ 1989 c 20 s 8.]

The director of the department of licensing may refer such evidence as may be available concerning violations of this chapter or of any rule or order hereunder to the attorney general or the proper prosecuting attorney, who may in his or her discretion, with or without such a ref…

It is a violation of this chapter for a commercial telephone solicitor to require that payment be by credit card authorization or otherwise to announce a preference for that method of payment over any other for unfair or deceptive reasons. [ 1989 c 20 s 10.]

(1) A person making a telephone solicitation must identify him [himself] or herself and the company or organization on whose behalf the solicitation is being made and the purpose of the call within the first 30 seconds of the telephone call. (2) If, at any time during the telepho…

(1) A purchase of property, goods, or services ordered as a result of a commercial telephone solicitation as defined in this chapter, if not followed by a written confirmation, is not final. The confirmation must contain an explanation of the consumer's rights under this section …

In addition to any other penalties or remedies under chapter 19.86 RCW, a person who is injured by a violation of this chapter may bring an action for recovery of actual damages, including court costs and attorneys' fees. No provision in this chapter shall be construed to limit a…

A civil penalty shall be imposed by the court for each violation of this chapter in an amount not less than five hundred dollars nor more than two thousand dollars per violation. [ 1989 c 20 s 14.]

No salesperson shall solicit purchasers on behalf of a commercial telephone solicitor who is not currently registered with the department of licensing pursuant to this chapter. Any salesperson who violates this section is guilty of a misdemeanor. [ 1989 c 20 s 15.]

(1) Except as provided in RCW 19.158.150, any person who knowingly violates any provision of this chapter or who knowingly, directly or indirectly employs any device, scheme or artifice to deceive in connection with the offer or sale by any commercial telephone solicitor is guilt…

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 286.] Notes: Effective dates—2002 c 86: See note following RCW 18.08.340…

The office of the attorney general shall provide and maintain a web page informing the public of the laws and regulations governing telephone solicitation, including the provisions of this chapter and RCW 80.36.390, and the legal rights of those who receive telephone solicitation…

The effective date of this act shall be January 1, 1990. [ 1989 c 20 s 20.]

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Local telephone directory" means a publication listing telephone numbers for various businesses in a certain geographic area and distributed free of charge to some or…

The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of this chapter are not reasonable in relation to the development and preserva…

(1) For purposes of this section, "floral or ornamental products or services" means floral arrangements, cut flowers, floral bouquets, potted plants, balloons, floral designs, and related products and services. (2) It is a violation for a provider or vendor of floral or ornamenta…

(1) The legislature finds that the deceptive use of pay-per-call information delivery services is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. (2) The deceptive use of pay-per-call information delivery …

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Person" means an individual, corporation, the state or its subdivisions or agencies, business trust, estate, trust, partnership, association, cooperative, or any oth…

(1) An information provider that does business in Washington must include a preamble in all program messages for: (a) Programs costing more than five dollars per minute; or (b) Programs having a total potential cost of greater than ten dollars. (2) The preamble must: (a) Accurate…

An information provider that does business in Washington shall comply with the following provisions in its advertisement of information delivery services: (1) Advertisements for information delivery services that are broadcast by radio or television, contained in home videos, or …

An information provider that does business in the state of Washington shall not direct information delivery services to children under the age of twelve years unless the information provider complies with the following provisions: (1) Interactive calls where children under the ag…

An information provider's failure to substantially comply with any of the provisions of RCW 19.162.030 through 19.162.050 is a defense to the nonpayment of charges accrued as a result of using the information provider's services, billed by any entity, including but not limited to…

A person who suffers damage from a violation of this chapter may bring an action against an information provider. In an action alleging a violation of this chapter, the court may award the greater of three times the actual damages sustained by the person or five hundred dollars; …

It is the intent of the legislature to: (1) Promote the health, safety, and welfare of international student exchange visitors in Washington in accordance with uniform national standards; (2) Promote quality education and living experiences for international student exchange visi…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "International student exchange visitor placement organization" or "organization" means a person, partnership, corporation, or other entity that regularly arranges th…

(1) All international student exchange visitor placement organizations that place students in public schools in the state shall register with the secretary of state. (2) Failure to register is a violation of this chapter. (3) Information provided to the secretary of state under t…

(1) An application for registration as an international student exchange visitor placement organization shall be submitted in the form prescribed by the secretary of state. The application shall include: (a) Evidence that the organization meets the standards established by the se…

The secretary of state shall adopt standards for international student exchange visitor placement organizations. In adopting the standards, the secretary of state shall strive to adopt standards established by the United States Information Agency and the council on standards for …

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

International student exchange organizations that have agreed to provide services to place students in the state shall provide an informational document, in English, to each student, host family, and superintendent of the school district in which the student is being placed. The …

The secretary of state may, upon receipt of a complaint regarding an international student exchange organization, report the matter to the organization involved, the United States Information Agency, or the council on standards for international education travel, as he or she dee…

Any person who violates any provision of this chapter or who willfully and knowingly gives false or incorrect information to the secretary of state, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or not such statement or re…

The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Violations of this chapter are not reasonable in relation to the development and preserva…

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

(1) The legislature finds that deceptive promotional advertising of prizes is a matter vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. (2) Deceptive promotional advertising of prizes is not reasonable in relation t…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Continuing obligation check" means a document that is a check, draft, note, bond, or other negotiable instrument that, when cashed, deposited, or otherwise used, imp…

(1) The offer must identify the name and address of the promoter and the sponsor of the promotion. (2) The offer must state the verifiable retail value of each prize offered in it. (3)(a) If an element of chance is involved, each offer must state the odds the participant has of b…