Title 19 — Title 19 BUSINESS REGULATIONS—MISCELLANEOUS

(1) A person who engages in business as an exchange facilitator shall:(a) Maintain a policy of errors and omissions insurance in an amount of not less than two hundred fifty thousand dollars executed by an insurer authorized to do business in this state; or(b) Deposit an amount o…

(1) A person who claims to have sustained damages by reason of an unintentional error or omission of an exchange facilitator or an exchange facilitator's employee may file a claim on the errors and omissions insurance policy or approved alternative described in RCW 19.310.060 to …

(1) A person who engages in business as an exchange facilitator shall act as a custodian for all exchange funds, including money, property, other consideration, or instruments received by the exchange facilitator from, or on behalf of, the client, except funds received as the exc…

A person who engages in business as an exchange facilitator must administer each of his, her, or its places of business under the direct management of an officer or an employee who is either:(1) An attorney or certified public accountant admitted to practice in any state or terri…

A person who engages in business as an exchange facilitator shall not, with respect to a like-kind exchange transaction:(1) Make a false, deceptive, or misleading material representation, directly or indirectly, concerning a like-kind transaction;(2) Make a false, deceptive, or m…

(1) An exchange facilitator must deposit all client funds in a separately identified account, as defined in treasury regulation section 1.468B-6(c)(ii), for the particular client or client's matter, and the client must receive all the earnings credited to the separately identifie…

(1) Failure to fulfill the requirements under RCW 19.310.040 constitutes prima facie evidence that the exchange facilitator intended to defraud a client who suffered a subsequent loss of the asset entrusted to the exchange facilitator.(2) A person who engages in business as an ex…

A person who engages in business as an exchange facilitator and who violates RCW 19.310.100 (11) or (12) is guilty of a misdemeanor under chapter 9A.20 RCW.[ 2009 c 70 s 14.]

(1) A person who violates this chapter is subject to civil suit in a court of competent jurisdiction.(2) Damages awarded to a current client for a civil suit filed for a violation of the requirements under RCW 19.310.040 include treble damages and attorneys' fees.[ 2012 c 34 s 5;…

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. A violation of this chapter is not reasonable in relation to the development and preserva…

This chapter does not affect the application of chapter 21.20 RCW.[ 2009 c 70 s 18.]

As used in this chapter:(1) "Person" has the same meaning as in RCW 19.86.010.(2) "Rebate" means an offer to provide cash, credit, or credit towards future purchases, that is offered to consumers who acquire or purchase a specified product or service and that is conditioned upon …

(1) Any person who offers a consumer rebate shall allow a minimum of fourteen days from the date the consumer purchases the product, or becomes eligible for the rebate upon satisfying the terms and conditions of the offer, for the submission of a request for redemption by the cus…

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. A violation of this chapter is not reasonable in relation to the development and preserva…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Any person" means adults and children of any nationality.(2) "Domestic employers of foreign workers" or "domestic employer" means a person or persons residing in the s…

(1) Except as provided in subsection (4) of this section, domestic employers of foreign workers and international labor recruitment agencies must provide a disclosure statement as described in this section to foreign workers who have been referred to or hired by a Washington empl…

For purposes of establishing personal jurisdiction under this chapter, an international labor recruitment agency or a domestic employer of a foreign worker is deemed to be doing business in Washington and is subject to the jurisdiction of the courts of Washington state if the age…

Any domestic employer or international labor recruitment agency which fails to complete the requirements of this chapter with respect to any foreign worker is liable to that foreign worker in a civil action by the foreign worker. The court shall award to a foreign worker who prev…

The department of labor and industries shall integrate information on assisting victims of human trafficking in posters and brochures, as deemed appropriate by the department. The information shall include the toll-free telephone number of the national human trafficking resource …

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Article or product" means any tangible article or product, but excludes: (a) Any services sold, offered for sale, or made available in this state, including free servi…

Any person who manufactures an article or product while using stolen or misappropriated information technology in its business operations after notice and opportunity to cure as provided in RCW 19.330.050 and, with respect to remedies sought under RCW 19.330.060(6) or 19.330.070,…

No action may be brought under this chapter, and no liability results, where:(1) The end article or end product sold or offered for sale in this state and alleged to violate RCW 19.330.020 is:(a) A copyrightable end product;(b) Merchandise manufactured by or on behalf of, or purs…

No injunction may issue against a person other than the person adjudicated to have violated RCW 19.330.020, and no attachment order may issue against articles or products other than articles or products in which the person alleged to violate RCW 19.330.020 holds title. A person o…

(1) No action may be brought under RCW 19.330.020 unless the person subject to RCW 19.330.020 received written notice of the alleged use of the stolen or misappropriated information technology from the owner or exclusive licensee of the information technology or the owner's agent…

(1) No earlier than ninety days after the provision of notice in accordance with RCW 19.330.050, the attorney general, or any person described in subsection (5) of this section, may bring an action against any person that is subject to RCW 19.330.020:(a) To enjoin violation of RC…

(1) In a case in which the court is unable to obtain personal jurisdiction over a person subject to RCW 19.330.020, the court may proceed in rem against any articles or products subject to RCW 19.330.020 sold or offered for sale in this state in which the person alleged to have v…

(1) A court may not award damages against any third party pursuant to RCW 19.330.060(2) where that party, after having been afforded reasonable notice of at least ninety days by proper service upon such a party's agent for service of process and opportunity to plead any of the af…

A court may not enforce an award of damages against a third party pursuant to RCW 19.330.060(2) for a period of eighteen months from July 22, 2011.[ 2011 c 98 s 9.]

A violation of this chapter may not be considered a violation of the state consumer protection act, and chapter 19.86 RCW does not apply to this chapter. The remedies provided under this chapter are the exclusive remedies for the parties.[ 2011 c 98 s 10.]

The legislature finds and declares that the practice of persons using the allure of untapped benefits from the United States department of veterans affairs to market products and services substantially affects the public interest. This practice may impact the ability of veterans …

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Compensation" means money, property, or anything else of value, which includes, but is not limited to, exclusive arrangements or agreements for the provision of servic…

A person may not engage in the following acts or practices:(1) Receiving compensation for advising or assisting another person with a veterans' benefit matter, except as permitted under Title 38 of the United States Code;(2) Using financial or other personal information gathered …

(1) It is unlawful for any person to advertise or promote any event, presentation, seminar, workshop, or other public gathering regarding veterans' benefits or entitlements that does not include the following disclosure: "This event is not sponsored by, or affiliated with, the Un…

Nothing in this chapter applies to officers, employees, or volunteers of the state, of any county, city, or other political subdivision, or of a federal agency of the United States, who are acting in their official capacity.[ 2014 c 67 s 5.]

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. A violation of this chapter is not reasonable in relation to the development and preserva…

This chapter may be known and cited as the "pension poacher prevention act."[ 2014 c 67 s 8.]

It is the intent of the legislature to protect consumers and ticket sellers from software that simulates the action of a human being purchasing tickets from a ticket seller in order to evade controls and measures on a ticket seller's website. The legislature is concerned by the u…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Admission ticket" means evidence of a right of entry to a venue or an entertainment event.(2) "Affinity group" means an identifiable group of people who are members of…

(1) A person may not:(a) Use software to circumvent, thwart, interfere with, or evade a security measure, access control system, or other control or measure on a ticket seller's internet website; or(b) Sell software that is advertised for profit with the express purpose to circum…

The legislature finds that abusive patent litigation, and especially the assertion of bad faith infringement claims, can harm Washington's economy. A person or business that receives a demand asserting such claims faces the threat of expensive and protracted litigation and may de…

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Assertion of patent infringement" means:(a) Sending or delivering a demand to a target;(b) Threatening a target with litigation asserting, alleging, or claiming that t…

(1) A person may not make assertions of patent infringement in bad faith.(2) A court may consider the following nonexclusive factors as evidence that a person has made an assertion of patent infringement in bad faith:(a) The demand does not contain:(i) The patent number or number…

The attorney general may bring an action in the name of the state, or as parens patriae on behalf of persons residing in the state, to enforce this chapter. For actions brought by the attorney general to enforce the provisions of this section, the legislature finds that the pract…

This chapter may be known and cited as the "patent troll prevention act."[ 2015 c 108 s 6.]

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 …

(1) No person whose primary business is to provide locksmith services and who represents himself or herself to the public as a locksmith may misrepresent his, her, or its geographic location by:(a) Listing a local telephone number in a local telephone directory or on an internet …

The legislature finds that the practices covered by RCW 19.355.020(1) are matters vitally affecting the public interest for the purpose of applying chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is …

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Copyright owner" means the owner of a copyright of a nondramatic musical work recognized and enforceable under the copyright laws of the United States pursuant to Titl…

A performing rights society that licenses the performing rights to music may not license or attempt to license the use of or collect or attempt to collect any compensation on account of any sale, license, or other disposition regarding the performance rights of music unless the p…

A performing rights society must make available electronically to business proprietors the most current available list of members and affiliates represented by the performing rights society and the most current available list of the performed works that the performing rights soci…