By Lafcadio Darling

Important changes to the Washington Consumer Protection Act ("CPA") were made during the last Washington State legislative session (which went into effect in July 2009):

• The treble damages cap was raised from $10,000 to $25,000.
• A new section (which will apparently be codified at RCW 19.86.180) was added to address the controversial “public interest” requirement.  The new section states that this requirement is satisfied upon proof that the practice (1) violates a statute within the CPA, (2) violates a statute that contains a statement of public interest impact, or that  (3) (a) injured other persons; (b) had the capacity to injury other persons; or (c) has the capacity to injure other persons.

This new "public interest" subsection is the more significant of these changes.  This section basically replaces the often-criticized and multi-factor test found in the Supreme Court's decision of Hangman Ridge v. Safeco Title (105 Wn.2d 778 (1986)) and its progeny.  Many also view this new language as an easier proof requirement that will make a CPA claim available in in more cases.  This is particularly important because the CPA allows a successful plaintiff to recover his attorney's fees and costs, as well as his damages.  However, the effect of this change is yet to be determined, since it is open to further interpretation by the courts.

It should be noted that this new provision of the CPA does not go into effect until July 2009 and does not apply retroactively. This means that the new rule will only apply to conduct occurring after July 2009, regardless of when a lawsuit is actually filed.

 Lafcadio Darling specializes in commercial litigation, representing a wide variety of business and consumer clients. In addition to being licensed in Washington and California, Lafcadio also holds an LL.M. from University College London and is a licensed solicitor in England & Wales.