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Articles 31 - 42 of 42
Full-Text Articles in Consumer Protection Law
Washington Lawyers Under The Purview Of The State Consumer Protection Act—The "Entrepreneurial Aspects" Solution—Short V. Demopolis, 103 Wn. 2d 52, 691 P.2d 163 (1984), Jeffrey M. Koontz
Washington Lawyers Under The Purview Of The State Consumer Protection Act—The "Entrepreneurial Aspects" Solution—Short V. Demopolis, 103 Wn. 2d 52, 691 P.2d 163 (1984), Jeffrey M. Koontz
Washington Law Review
In Short v. Demopolis the Washington Supreme Court held that certain "entrepreneurial aspects" of the practice of law constitute "trade or commerce" for purposes of RCW 19.86, Washington's consumer protection and antitrust law. This holding brings members of the legal community under antitrust and consumer protection scrutiny as embodied in the Consumer Protection Act (CPA). The Demopolis decision, however, only applies to the "entrepreneurial aspects" of the practice of law. Although many courts and commentators have struggled with the question of whether professionals should be given preferential treatment, the Washington court is the first to specifically exclude legal malpractice from …
Washington Lawyers Under The Purview Of The State Consumer Protection Act—The "Entrepreneurial Aspects" Solution—Short V. Demopolis, 103 Wn. 2d 52, 691 P.2d 163 (1984), Jeffrey M. Koontz
Washington Lawyers Under The Purview Of The State Consumer Protection Act—The "Entrepreneurial Aspects" Solution—Short V. Demopolis, 103 Wn. 2d 52, 691 P.2d 163 (1984), Jeffrey M. Koontz
Washington Law Review
In Short v. Demopolis the Washington Supreme Court held that certain "entrepreneurial aspects" of the practice of law constitute "trade or commerce" for purposes of RCW 19.86, Washington's consumer protection and antitrust law. This holding brings members of the legal community under antitrust and consumer protection scrutiny as embodied in the Consumer Protection Act (CPA). The Demopolis decision, however, only applies to the "entrepreneurial aspects" of the practice of law. Although many courts and commentators have struggled with the question of whether professionals should be given preferential treatment, the Washington court is the first to specifically exclude legal malpractice from …
Washington Consumer Protection Act—Public Interest And The Private Litigant, David J. Dove
Washington Consumer Protection Act—Public Interest And The Private Litigant, David J. Dove
Washington Law Review
Under Washington's Consumer Protection Act, a private individual has standing to sue for unfair or deceptive business practices. The private litigant may not, however, use the Act as a vehicle to remedy those wrongs that impact only the private individual, because the Act's declared purpose is to protect the public interest. The public interest requirement thus imposes a restriction on the otherwise liberal construction of the Act. The Washington Supreme Court has established two tests by which the public interest requirement may be met: (1) the per se test and (2) the Anhold v. Daniels test.
Private Suits Under Washington's Consumer Protection Act: The Public Interest Requirement, Carol Safron Gown
Private Suits Under Washington's Consumer Protection Act: The Public Interest Requirement, Carol Safron Gown
Washington Law Review
This comment discusses the current state of the law in the area of private remedies for unfair business practices and focuses on two questions: (1) Is the public interest requirement for private suits under the Act justified? (2) What are the appropriate tests for finding an effect on the public interest? The comment concludes that the statutory purpose and historical context justify the public interest requirement but that the Washington courts have not yet developed a sufficiently specific test for determining when the requirement has been met. A specific test is therefore suggested to fulfill the appropriate function of the …
Consumer Protection: Judicial Approaches To Rescission And Restoration Under The Truth In Lending Act, Janis K. Stanich
Consumer Protection: Judicial Approaches To Rescission And Restoration Under The Truth In Lending Act, Janis K. Stanich
Washington Law Review
This comment will describe the statutory scheme for rescission and restoration, identify where and why interpretive problems arise, summarize the judicial approaches to these problems, and analyze those approaches in relation to the stated purposes of the Act.
Consumer Protection—Lotteries: "Bonus Bingo"—The Great Safeway Lottery.—State Ex Re. Schillberg V. Safeway Stores, Inc., 75 Wash. Dec. 2d 351, 450 P.2d 949 (1969), Anon
Washington Law Review
Safeway Stores, Inc. conducted a promotional advertising game, bonus bingo, to attract customers to their grocery stores in Snohomish County. To win at bonus bingo, participants had to obtain a booklet of game cards from any Safeway outlet, visit Safeway Stores to pick up prize slip numbers for particular game cards, and present the winning card to a Safeway Store manager to collect the prize. The local Prosecuting Attorney, convinced that Safeway's promotion was an illegal lottery, sued for declaratory judgment on the legality of bonus bingo, and for an injunction to halt such advertising practices. Two lottery elements, a …
Consumer Legislation And The Poor, Eric Schnapper
Deceptive Advertising And Inconsistent Guarantees, Anon
Deceptive Advertising And Inconsistent Guarantees, Anon
Washington Law Review
Respondent, a national retailer of general merchandise, inserted in guarantee certificates accompanying some of its products conditions and limitations not disclosed in guarantees contained in newspaper advertisements. The Federal Trade Commission charged respondent with a violation of section 5 of the Federal Trade Commission Act for making false and misleading representations. Respondent asserted that whenever a customer made a claim guarantees were honored as advertised without regard to conditions and limitations contained in the certificates. On appeal to the Commission, the hearing examiner's initial decision dismissing the complaint was reversed, and a final order to cease and desist was issued. …
Trade Regulation—Consumer Protection Act—Operation Under Federal Consent Decree, Anon
Trade Regulation—Consumer Protection Act—Operation Under Federal Consent Decree, Anon
Washington Law Review
In 1961 Washington joined those states which have enacted comprehensive trade regulation statutes The Washington Supreme Court recently sustained the constitutionality of this statute in an opinion which suggests that the law will have an active future. The state Attorney General brought an action to enjoin alleged monopolization by certain motion picture distributors and theatre owners of second run feature films in the Seattle area. The trial court sustained defendants' motion to dismiss for lack of jurisdiction over the subject matter on grounds that Congress had preempted trade regulation of interstate commerce, that the Washington act would interfere with and …
Torts—Monopoly—Medical Services, Ralph L. Hawkins
Torts—Monopoly—Medical Services, Ralph L. Hawkins
Washington Law Review
Washington has been recognized as one of the leading state jurisdictions in which a private organization or party may acquire relief from monopolistic practices of voluntary medical associations. A recent case seems to broaden the available grounds upon which such associations may be subjected to liability. The case also appears to provide some guides for the interpretation of the recently enacted Consumer Protection Act.
Washington Consumer Protection Act—Enforcement Provisions And Policies, John J. O'Connell
Washington Consumer Protection Act—Enforcement Provisions And Policies, John J. O'Connell
Washington Law Review
With the enactment of the Washington Consumer Protection Act, the Washington attorney will be meeting for the first time a comprehensive "antitrust" act designed to operate on the local or "intra-state" level. Because this act is, for the most part, unprecedented in this state, and because it involves, in addition to most of the complexities of federal antitrust law, a few novel features of its own, some sort of introduction to its provisions might be helpful to members of the Washington bar. There appears elsewhere in this issue an examination of the substantive provisions of this new law; my observations …
Manufacturer's Advertisement As Express Warranty To Consumer, J. B. Sholley
Manufacturer's Advertisement As Express Warranty To Consumer, J. B. Sholley
Washington Law Review
One of the important developments in economic life in recent years has been the greatly increased production of packaged and labeled goods, advertised and distributed nationally by the manufacturer. The scope of the retailer's function has been correspondingly reduced, especially in regard to inspection. Naturally there has resulted a tendency in the law to increase the responsibility of the manufacturer to the consumer.