Title 19, BUSINESS REGULATIONS—MISCELLANEOUS

(1) Except as otherwise provided in subsection (2) of this section, all information or reports obtained by the director from an applicant, licensee, or authorized delegate and all information contained in, or related to, examination, investigation, operating, or condition reports…

(1)(a) A money transmitter licensee must maintain, at all times, permissible investments that have a market value computed in accordance with generally accepted accounting principles of not less than the amount of the licensee's average daily transmission liability. Average daily…

(1) Except to the extent otherwise limited by the director under RCW 19.230.200, the following investments are permissible for a money transmitter licensee under RCW 19.230.200: (a) Cash on hand. Time deposits, savings deposits, demand deposits, certificates of deposit, or senior…

All administrative proceedings under this chapter must be conducted in accordance with the administrative procedure act, chapter 34.05 RCW. Any licensee or authorized delegate subject to a statement of charges and order of intent from the director shall be provided with an opport…

(1) The director may issue an order to suspend, revoke, or condition a license, place a licensee in receivership, revoke the designation of an authorized delegate, compel payment of restitution by a licensee to damaged parties, require affirmative actions as are necessary by a li…

Except to the extent prohibited by another statute, the director may engage in informal settlement of complaints or enforcement actions including, but not limited to, payment to the department for purposes of financial literacy and education programs authorized under RCW 43.320.1…

(1) The director may issue an order to suspend, revoke, or condition the designation of an authorized delegate, impose civil penalties, require payment of restitution to damaged parties, require affirmative actions as are necessary to comply with this chapter or the rules adopted…

(1) If the director has reason to believe that a person has violated or is violating RCW 19.230.030 or 19.230.080, the director or the director's designee may conduct an examination or investigation as authorized under RCW 19.230.130. (2) If as a result of such investigation or e…

(1) If the director determines that a violation of this chapter or of a rule adopted or an order issued under this chapter by a licensee, authorized delegate, or other person subject to this chapter is likely to cause immediate and irreparable harm to the licensee, its customers,…

The director may enter into a consent order at any time with a person to resolve a matter arising under this chapter or a rule adopted or order issued under this chapter. A consent order must be signed by the person to whom it is issued or by the person's authorized representativ…

(1) A licensee is liable for any conduct violating this chapter or rules adopted under this chapter committed by employees of the licensee. (2) A licensee that commits willful misconduct in its supervision of its authorized delegate or willfully avoids knowledge of its authorized…

The director may assess a civil penalty against a licensee, responsible individual, authorized delegate, or other person that violates this chapter or a rule adopted or an order issued under this chapter in an amount not to exceed one hundred dollars per violation per day for eac…

(1) A person that intentionally makes a false statement, misrepresentation, or false certification in a record filed or required to be maintained under this chapter or that intentionally makes a false entry or omits a material entry in that record is guilty of a class C felony un…

The statute of limitations on actions not subject to RCW 4.16.160 that are brought under this chapter by the director is five years. [ 2014 c 36 s 3.]

The director has the authority and administrative discretion to administer and interpret this chapter to fulfill the intent of the legislature as expressed in RCW 19.230.005. In accordance with chapter 34.05 RCW, the director may issue rules under this chapter that are clearly re…

(1) The director shall establish fees by rule sufficient to cover the costs of administering this chapter. The director may establish different fees for each type of license authorized under this chapter. These fees may include: (a) An annual assessment specified in rule by the d…

(1)(a) Every money transmitter licensee and its authorized delegates shall transmit the monetary equivalent of all money or equivalent value received from a customer for transmission, net of any fees, or issue instructions committing the money or its monetary equivalent, to the p…

It is a violation of this chapter for any licensee, executive officer, responsible individual, or other person subject to this chapter in connection with the provision of money services to: (1) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead an…

(1) A third-party account administrator must be licensed as a money transmitter under this chapter and comply with the following additional requirements: (a) A debtor's funds must be held in an account at an insured financial institution; (b) A debtor owns the funds held in the a…

(1) A third-party account administrator shall maintain the following records for at least five years: (a) All contracts the third-party account administrator has entered into with debtors and debt adjusters; (b) Account statements identifying and itemizing deposits, transfers, di…

(1) Virtual currency licensees must provide to any person seeking to use the licensee's products or services the disclosures required by subsection (2) of this section. (2) As applicable, virtual currency licensees must make the following disclosures: (a) A schedule of all fees a…

This chapter may be known and cited as the uniform money services act. [ 2003 c 287 s 1.]

This act takes effect October 1, 2003. [ 2003 c 287 s 37.]

The director or the director's designee may take such steps as are necessary to ensure that chapter 287, Laws of 2003 is implemented on October 1, 2003. In particular, the director or the director's designee shall conduct outreach to small businesses and immigrant communities to …

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [ 2003 c 287 s 39.]

(1) Whoever, without the consent of the owner or lessee of the motion picture exhibition facility and the licensor of the motion picture being exhibited, knowingly operates an audiovisual recording function of a device in a motion picture exhibition facility is guilty of a gross …

It is the intent of the legislature to relieve businesses from the obligation of reporting gift certificates as unclaimed property. In order to protect consumers, the legislature intends to prohibit acts and practices of retailers that deprive consumers of the full value of gift …

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1)(a) "Gift card" means a record as described in subsection (5)[(2)] of this section in the form of a card, or a stored value card or other physical medium, containing st…

(1) Except as provided in RCW 19.240.030, it is unlawful for any person or entity to issue, or to enforce against a bearer, a gift certificate that contains: (a) An expiration date; (b) Any fee, including a service fee; or (c) A dormancy or inactivity charge. (2) If a gift certif…

(1) It is lawful to issue, and to enforce against the bearer, a gift certificate containing an expiration date if: (a) The gift certificate is issued pursuant to an awards or loyalty program for the gift certificate. (b) The gift certificate is donated to a charitable organizatio…

An issuer is not required to honor a gift certificate presumed abandoned under chapter 63.30 RCW, if reported and delivered to the department of revenue in the dissolution of a business association. [ 2023 c 258 s 4; 2004 c 168 s 9.] Notes: Retroactive application—2023 c 258 ss 2…

(1) A gift certificate constitutes value held in trust by the issuer of the gift certificate on behalf of the beneficiary of the gift certificate. The value represented by the gift certificate belongs to the beneficiary, or to the legal representative of the beneficiary to the ex…

This chapter does not apply to gift certificates issued by financial institutions as defined in *RCW 30.22.041 or their operating subsidiaries that are usable with multiple unaffiliated sellers of goods or services. [ 2004 c 168 s 11.] Notes: *Reviser's note: RCW 30.22.041 was re…

An agreement made in violation of the provisions of this chapter is contrary to public policy and is void and unenforceable against the bearer. [ 2004 c 168 s 12.]

Sections 1 through 12 of this act apply to: (1) Gift certificates issued on or after July 1, 2004; and (2) Those gift certificates presumed abandoned on or after July 1, 2004, and not reported as provided in chapter 63.30 RCW. [ 2023 c 258 s 5; 2004 c 168 s 18.] Notes: Retroactiv…

(1) The owner of an automated teller machine may charge an access fee or surcharge to a customer conducting a transaction using an account from a financial institution that is located outside of the United States. (2) "Automated teller machine" means the same as defined in RCW 19…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Directory" or "directory form" means a categorized list or compilation of phone numbers, or a single phone number, in written, audio, electronic, digital, or any othe…

(1) A radio communications service company or any direct or indirect affiliate or agent of a radio communications service company shall not include the wireless phone number of any subscriber for inclusion in any directory of any form, nor shall it sell the contents of any direct…

(1) A directory provider shall not include any phone number that belongs to a Washington state resident in any directory of any form, or sell the contents of any directory database, without first undertaking a reasonable ongoing investigation as to whether the phone number is a w…

(1) A subscriber may request that a directory provider or a radio communications service company remove their wireless phone number from a directory of any form at any time. A radio communications service company or a directory provider shall, at no cost to the subscriber, comply…

The legislature finds that allowing a subscriber to opt out of a reverse phone number search service vitally affects the public interest for the purpose of applying chapter 19.86 RCW. A violation of RCW 19.250.030 by a provider of a reverse phone number search service is not reas…

(1) Every knowing violation of RCW 19.250.010 is punishable by a fine of not less than two thousand dollars and no more than fifty thousand dollars for each violation. (2) Including a wireless phone number in a directory without a subscriber's express, opt-in consent pursuant to …

(1) The provision or maintenance of a subscriber's wireless phone number is not prohibited by this chapter when the number is provided or maintained by: (a) Any law enforcement agency, fire protection agency, public health agency, public environmental health agency, city or count…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Breach of the security of the system" means unauthorized acquisition of data that compromises the security, confidentiality, or integrity of personal information main…

(1) Any person or business that conducts business in this state and that owns or licenses data that includes personal information shall disclose any breach of the security of the system to any resident of this state whose personal information was, or is reasonably believed to hav…

(1) For purposes of this section: (a) "Account information" means: (i) The full, unencrypted magnetic stripe of a credit card or debit card; (ii) the full, unencrypted account information contained on an identification device as defined under RCW 19.300.010; or (iii) the unencryp…