Legal Question in Civil Litigation in Washington

Consumer Protection

I have been trying to understand the consumer protection act (93 A) for Washington States Small Claims Court. The small bit I have gotten states that a case conserning fraud by a business can be held accountable for twice or three times the damage. I really need imformation on this QUICK!!!


Asked on 9/25/97, 8:24 pm

1 Answer from Attorneys

Gary Preble Preble Law Firm, P.S.

Consumer Protection/ Small Claims Court

To my knowledge, the term 93A means nothing in WA law, and you have failed to give the source of your citation to it.

Start with the WA law: Can be accessed from my website at http://www.olywa.net/preblelaw/washingt.htm#Washington.

1) Small claims: Chapter 12.40 RCW: http://leginfo.leg.wa.gov/pub/rcw/title_12/chapter_040/

RCW 12.40.010: The small claims department shall havejurisdiction, but not exclusive, in cases for the recovery of moneyonly if the amount claimed does not exceed two thousand fivehundred dollars.

2) Consumer Protection: Chapter 19.86 RCW: http://leginfo.leg.wa.gov/pub/rcw/title_19/chapter_086/

The answer to your question is not clear in WA law.

Small claims court is a part of district court, and CPA claims can be brought in District Court. Strenge v. Clarke, 89 Wash.2d 23, 569 P.2d 60 (1977).

CPA can be brought in arbitration. Wilkerson v. United Inv., Inc., 62 Wash.App. 712, 815 P.2d 293 (1991), review denied, 118 Wash.2d 1013, 824 P.2d 491 (1992)

OTOH, rules of evidence don't apply in small claims court. ER 1101(c)(3) http://www.wa.gov/courts/rules/state/er/er065.txt

But strict rules of evidence also doesn't apply in arbitration. ER 1101(c)(4)

CPA probably is not available in SCC, but if you want it to apply, I'd go with the language of Strenge v. Clarke as to statutory construction and argue that the CPA is asking for "recovery of money".

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Answered on 9/26/97, 12:39 am


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