Title 19, BUSINESS REGULATIONS—MISCELLANEOUS

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

The intent of the legislature in enacting this chapter is to enhance the safety of consumers using automated teller machines and night deposit facilities in Washington without discouraging the siting of automated teller machines and night deposit facilities in locations convenien…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Access area" means a paved walkway or sidewalk that is within fifty feet of an automated teller machine or night deposit facility. "Access area" does not include pub…

On or before July 1, 1994, with respect to an existing installed automated teller machine and night deposit facility in this state, and an automated teller machine or night deposit facility installed after July 1, 1994, the operator shall adopt procedures for evaluating the safet…

(1) An operator of an automated teller machine or night deposit facility installed on or after July 1, 1994, shall comply with RCW 19.174.050 beginning on the date the automated teller machine or night deposit facility is installed. Compliance with RCW 19.174.050 by an operator a…

The operator, owner, or other person responsible for an automated teller machine or night deposit facility shall provide lighting during hours of darkness with respect to an open and operating automated teller machine or night deposit facility and a defined parking area, access a…

The issuer of an access device shall furnish a customer receiving the device with a notice of basic safety precautions that the customer should employ while using an automated teller machine or night deposit facility. This information must be furnished by personally delivering or…

This chapter does not apply to an automated teller machine or night deposit facility that is: (1) Located inside of a building, unless it is a freestanding installation that exists for the sole purpose of providing an enclosure for the automated teller machine or night deposit fa…

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

Compliance with the objective standards and information requirements of this chapter is prima facie evidence that the operator of the automated teller machine or night deposit facility in question has provided adequate measures for the safety of users of the automated teller mach…

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

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Affiliated business" means a business or business location that is directly or indirectly controlled by or under common control with the business location or locatio…

(1) It is unlawful for a person to sell, offer for sale, or advertise for sale merchandise at a going out of business sale without first recording a notice of the going out of business sale and executing an affidavit of inventory under this chapter. (2) The notice of the sale mus…

(1) A person conducting a going out of business sale shall record a notice of the sale with the county auditor at least fourteen days before the beginning date of the sale. (2) The notice must be signed under oath and acknowledged and must require, and the person signing the noti…

(1) A person conducting a going out of business sale shall, before recording the notice, make either an inventory list of the merchandise to be sold or a compilation of purchase orders issued by the business in the thirty days before recording the notice of the sale. (2) If a per…

(1) No person may conduct a going out of business sale except a person with a valid Washington state business identification number. (2) No person may conduct a going out of business sale if a person who has an ownership interest in the business or in the merchandise to be sold e…

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

(1) No person may sell consigned merchandise or other merchandise not owned by the person signing the notice at a going out of business sale. Merchandise ordered within thirty days of recording the notice of the sale may consist only of bona fide orders made in the usual course o…

(1) No person may continue to conduct a going out of business sale beyond the ending date listed in the notice of the sale. (2) No person after conducting a going out of business sale may remain in business under any of the same ownership, or under the same or substantially the s…

No person may conduct a going out of business sale if any means have been established for continuation of the closing business location by the same owner, directly or indirectly, by corporation, trust, unincorporated association, partnership, or other legal entity under the same …

(1) No person may advertise a going out of business sale more than fourteen days before the beginning date of the sale. All advertising of the sale must state the beginning date and must clearly and prominently state the ending date of the sale. Except as provided in subsection (…

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…

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

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

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

(1) This chapter shall apply only to persons who engage in the retail sale of merchandise in their regular course of business. (2) This chapter does not apply to: (a) Persons acting in accordance with their powers and duties as public officers, such as county sheriffs; (b) Bulk t…

The legislature finds and declares that consumers have a vital interest in establishing and maintaining creditworthiness. The legislature further finds that an elaborate mechanism using credit reports has developed for investigating and evaluating a consumer's creditworthiness, c…

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1)(a) "Adverse action" includes: (i) Denial of, increase in any charge for, or reduction in the amount of insurance for personal, family, or household purposes; (ii) Den…

(1) A consumer reporting agency may furnish a consumer report only under the following circumstances: (a) In response to the order of a court having jurisdiction to issue the order; (b) In accordance with the written instructions of the consumer to whom it relates; or (c) To a pe…

(1) A consumer reporting agency may provide a consumer report relating to a consumer under RCW 19.182.020(1)(c)(i) in connection with a credit transaction that is not initiated by the consumer only if: (a) The consumer authorized the consumer reporting agency to provide the repor…

(1) Except as authorized under subsection (2) of this section, no consumer reporting agency may make a consumer report containing any of the following items of information: (a) Bankruptcies that, from date of adjudication of the most recent bankruptcy, antedate the report by more…

(1) A person may not procure or cause to be prepared an investigative consumer report on a consumer unless: (a) It is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to the consumer's character, general reputation, p…

(1) A consumer reporting agency shall maintain reasonable procedures designed to avoid violations of RCW 19.182.040 and to limit the furnishing of consumer reports to the purposes listed under RCW 19.182.020. These procedures must require that prospective users of the information…

A consumer reporting agency shall, upon request by the consumer, clearly and accurately disclose: (1) All information in the file on the consumer at the time of request, except that medical information may be withheld. The agency shall inform the consumer of the existence of medi…

(1) A consumer reporting agency shall make the disclosures required under RCW 19.182.070 during normal business hours and on reasonable notice. (2) The consumer reporting agency shall make the disclosures required under RCW 19.182.070 to the consumer: (a) In person if the consume…

(1) If the completeness or accuracy of an item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of the dispute, the agency shall reinvestigate without charge and record the curre…

(1) Except as provided in subsections (2) and (3) of this section, a consumer reporting agency may charge the following fees to the consumer: (a) For making a disclosure under RCW 19.182.070 and 19.182.080, the consumer reporting agency may charge a fee not exceeding eight dollar…

If a person takes an adverse action with respect to a consumer that is based, in whole or in part, on information contained in a consumer report, the person shall: (1) Provide written notice of the adverse action to the consumer, except verbal notice may be given by a person in a…

An action to enforce a liability created under this chapter is permanently barred unless commenced within two years after the cause of action accrues, except that where a defendant has materially and willfully misrepresented information required under this chapter to be disclosed…

A person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses is subject to a fine of up to five thousand dollars or imprisonment for up to three hundred sixty-four days, or both. [ 2011 c 96 s 21; 1993 c 476 s 15.] …

An officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency's files to a person not authorized to receive that information is subject to a fine of up to five thousand dollars or imprisonment for u…

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) Within thirty days of receipt of proof of the consumer's identification and a copy of a police report, filed by the consumer, evidencing the consumer's claim to be a victim of a violation of RCW 9.35.020, a consumer reporting agency shall permanently block reporting any infor…

(1) A consumer, who is a resident of this state, may elect to place a security freeze on his or her credit report by making a request to a consumer reporting agency. "Security freeze" means a prohibition, consistent with this section, on a consumer reporting agency's furnishing o…

If a security freeze is in place, a consumer reporting agency may not change any of the following official information in a consumer credit report without sending a written confirmation of the change to the consumer within thirty days of the change being posted to the consumer's …

A consumer reporting agency is not required to place a security freeze in a consumer credit report under RCW 19.182.170 if it acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or mult…