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Articles 1 - 26 of 26
Full-Text Articles in Consumer Protection Law
A Noncompete By Any Other Name: Assessing The Validity Of Training Repayment Agreements Under Washington Law, Hannah Lukomski
A Noncompete By Any Other Name: Assessing The Validity Of Training Repayment Agreements Under Washington Law, Hannah Lukomski
Washington Law Review
Training Repayment Agreements (TRAs) are restrictive employment covenants that require an employee to pay their employer a fixed or prorated sum for training costs if the employee quits their job within some period defined by the agreement. The prevalence of TRAs has drastically increased in low-wage employment. TRAs harm employees by imposing an artificial financial constraint that disincentivizes employees from leaving their employer within the contract duration. The Washington State Legislature has not directly addressed TRAs despite having articulated limits on other restrictive employment covenants, like noncompetition agreements. This Comment reviews federal agency actions and other states’ approaches in response …
Tenant Rights Deserve Consumer Protections: The Case For Overturning State V. Schwab, Robert S. Colton
Tenant Rights Deserve Consumer Protections: The Case For Overturning State V. Schwab, Robert S. Colton
Washington Law Review
Tenancy is a precarious housing arrangement—tenants do not own their homes yet depend on housing stability as a foundation for engaging in almost all aspects of life. For more than fifty years, Washington law has decreed it a landlord’s responsibility to maintain safe and secure housing for their tenants. As the Washington State Legislature has declared, “[d]ecent housing for the people of Washington state is a most important public concern.” This strong rhetoric remains at odds with State v. Schwab, the sweeping decision issued by the 1985 Washington State Supreme Court removing tenants from the reach of the Consumer …
Discrimination In Contractual Performance: Theory, Evidence, And Preliminary Policy Prescriptions, Meirav Furth-Matzkin
Discrimination In Contractual Performance: Theory, Evidence, And Preliminary Policy Prescriptions, Meirav Furth-Matzkin
Washington Law Review
This Article examines the often-overlooked practice of “selective performance” of standard form consumer contracts—where sellers permit employees to exercise discretion by waiving or modifying contractual terms to maintain customer satisfaction. While such flexibility can benefit consumers, it raises serious concerns about discrimination. Through both theoretical analysis and empirical evidence, this Article demonstrates that discretionary performance can disproportionately favor certain consumer groups, particularly along racial and gender lines, leading to biased and inequitable outcomes. Drawing on examples from diverse sectors, including retail, insurance, and mortgage services, the Article highlights how marginalized communities, especially Black consumers, frequently face harsher treatment and greater …
From Lightbulbs To #Sheinhauls: Considerations For Planned Obsolescence Regulation In The Modern Era, Nicole Cullen
From Lightbulbs To #Sheinhauls: Considerations For Planned Obsolescence Regulation In The Modern Era, Nicole Cullen
Washington Law Review
“Planned obsolescence,” broadly defined as conduct by manufacturers to shorten product lifespans and spur consumption, is characteristic of the American economy. Such conduct largely manifests in widely accepted competitive strategies that require consumer participation: The periodic release of products or emergence of a trend, for example. In some instances, planned obsolescence conduct reaches beyond the accepted competitive practices, desired by consumers, to conduct that clearly harms consumers with no countervailing rationale. Such practices effectively cease product function prematurely, either through product failure or poor performance and inefficient repair costs. While this conduct largely evades legal capture, it intersects with many …
The Consumer Bundle, Shelly Kreiczer-Levy
The Consumer Bundle, Shelly Kreiczer-Levy
Washington Law Review
Can property law have a consumer protection purpose? One of the most important consumer law concerns today is the limited control consumers have over the digital assets and software-embedded products they purchase. Current proposals for reform focus on classifying the transaction as either license or sale and rely mostly on contract law and consumer protection regulation with a few calls for restoring ownership rights. This Article argues that property law can protect consumers by establishing a minimum bundle of rights for consumers: the “consumer’s bundle.” Working with property theory and an analysis of property values, this Article explains the importance …
Trademarks In An Algorithmic World, Christine Haight Farley
Trademarks In An Algorithmic World, Christine Haight Farley
Washington Law Review
According to the sole normative foundation for trademark protection—“search costs” theory—trademarks transmit useful information to consumers, enabling an efficient marketplace. The marketplace, however, is in the midst of a fundamental change. Increasingly, retail is virtual, marketing is data-driven, and purchasing decisions are automated by AI. Predictive analytics are changing how consumers shop. Search costs theory no longer accurately describes the function of trademarks in this marketplace. Consumers now have numerous digital alternatives to trademarks that more efficiently provide them with increasingly accurate product information. Just as store shelves are disappearing from consumers’ retail experience, so are trademarks disappearing from their …
Examining Comity And The Exhaustion Doctrine In Tribal Court Civil Jurisdiction: The Cherokee Nation’S Opioid Litigation, Joëlle Klein
Examining Comity And The Exhaustion Doctrine In Tribal Court Civil Jurisdiction: The Cherokee Nation’S Opioid Litigation, Joëlle Klein
Washington Law Review
The opioid epidemic has devastated communities throughout the United States over the last two decades. Native American and Alaska Native tribes faced disproportionate impacts and suffered the long-lasting consequences that opioid addiction causes families and communities. In response, states and municipalities across the United States sued the distributors and pharmacies responsible for illegally diverting opioids. In April of 2017, the Attorney General for the Cherokee Nation, Todd Hembree, initiated a civil suit against opioid pharmaceutical distributors and retailers: CVS, Walgreens, Wal-Mart (pharmacies), and McKesson, Cardinal Health, and AmerisourceBergen (distributors). Although other tribes in the United States also brought claims against …
The Helicopter State: Misuse Of Parens Patriae Unconstitutionally Precludes Individual And Class Claims, Gabrielle J. Hanna
The Helicopter State: Misuse Of Parens Patriae Unconstitutionally Precludes Individual And Class Claims, Gabrielle J. Hanna
Washington Law Review
The doctrine of parens patriae allows state attorneys general to represent state citizens in aggregate litigation suits that are, in many ways, similar to class actions and mass-tort actions. Its origins, however, reflect a more modest scope. Parens patriae began as a doctrine allowing the British king to protect those without the ability to protect themselves, including wards and mentally disabled individuals. The rapid expansion of parens patriae standing in the United States may be partly to blame for the relative absence of limiting requirements or even well-developed case law governing parens patriae suits. On the one hand, class actions …
Advising 101 For The Growing Field Of Social Media Influencers, Stasia Skalbania
Advising 101 For The Growing Field Of Social Media Influencers, Stasia Skalbania
Washington Law Review
The Federal Trade Commission (FTC) protects consumers from unfair and deceptive business practices. In 2019, the FTC released the “Disclosures 101 for Social Media Influencers Guide” (herein referred to as the “2019 Influencer Guide”). The 2019 Influencer Guide outlines advertisers’ and endorsers’ specific responsibilities relating to the advertising and marketing of products on social media platforms. Despite the extensive information provided within the 2019 Influencer Guide, there is still great confusion regarding endorsement disclosure requirements, and many brands and influencers are not in compliance with FTC recommendations. This Comment provides guidance to brands and social media influencers on how to …
The New Bailments, Danielle D’Onfro
The New Bailments, Danielle D’Onfro
Washington Law Review
The rise of cloud computing has dramatically changed how consumers and firms store their belongings. Property that owners once managed directly now exists primarily on infrastructure maintained by intermediaries. Consumers entrust their photos to Apple instead of scrapbooks; businesses put their documents on Amazon’s servers instead of in file cabinets; seemingly everything runs in the cloud. Were these belongings tangible, the relationship between owner and intermediary would be governed by the common-law doctrine of bailment. Bailments are mandatory relationships formed when one party entrusts their property to another. Within this relationship, the bailees owe the bailors a duty of care …
Bully No More: Why Trademark Owners Engage In Trademark Overreach And How To Prevent It, Quynh La
Bully No More: Why Trademark Owners Engage In Trademark Overreach And How To Prevent It, Quynh La
Washington Law Review
At its core, trademark law exists as a tool for consumer protection. Thus, trademark owners use policing and enforcement to maintain a trademark’s goodwill, which in turn protects consumers from confusion. But policing and enforcement can lead to trademark overreach and bullying—which undermine the goal of trademark law. This Comment explains that trademark owners are incentivized to engage in aggressive enforcement tactics because courts weigh enforcement efforts in favor of trademark strength. And strong trademarks receive strong protection because such marks are more likely to succeed in trademark infringement litigation. To curb trademark bullying and realign trademark law with its …
Proving Cause In Fact Under Washington's Consumer Protection Act: The Case For A Rebuttable Presumption Of Reliance, Jennifer Rust Muray
Proving Cause In Fact Under Washington's Consumer Protection Act: The Case For A Rebuttable Presumption Of Reliance, Jennifer Rust Muray
Washington Law Review
Under Washington's Consumer Protection Act (CPA), parties must prove proximate cause to prevail in a private cause of action for damages. Proximate cause requires proof of cause in fact and legal causation. Traditionally, in a case in which a person has disseminated an affirmative representation in an attempt to induce a consumer to purchase a product, reliance provides evidence of cause in fact. Washington courts have not decided, however, which party has the burden of proving or disproving reliance. They also have not decided whether indirect proof of reliance is sufficient for proving cause in fact. This Comment argues that …
In The Litigation Business: Insurance Company Liability For Acts Occurring In The Course Of Litigation Under The Washington Consumer Protection Act, Kasey D. Huebner
In The Litigation Business: Insurance Company Liability For Acts Occurring In The Course Of Litigation Under The Washington Consumer Protection Act, Kasey D. Huebner
Washington Law Review
Insurance companies generally have much greater bargaining power and resources than individual insureds When a claim by an insured against an insurance company fails to settle amicably and is followed by a lawsuit, the insured has few options should the insurance company behave unfairly or deceptively in the course of the litigation. The Washington Consumer Protection Act protects consumers from deceptive and bad faith acts by businesses, including insurance companies Although Washington courts have created a general exception disallowing CPA suits for acts occurring in the course of litigation, Washington case law has not directly or clearly addressed whether this …
New Consumer Protection Private Action Test: Clarification Or Further Confusion?—Hangman Ridge Training Stables V. Safeco Title Insurance Co., 105 Wn. 2d 778, 719 P.2d 531 (1986), Susan Clyatt Lybeck
New Consumer Protection Private Action Test: Clarification Or Further Confusion?—Hangman Ridge Training Stables V. Safeco Title Insurance Co., 105 Wn. 2d 778, 719 P.2d 531 (1986), Susan Clyatt Lybeck
Washington Law Review
In Hangman Ridge Training Stables v. Safeco Title Insurance Co., the Washington Supreme Court established a new test for plaintiffs to meet in pursuing a private right of action under Washington's Consumer Protection Act (CPA). The court set forth a substantially revised method for establishing public interest impact for private CPA actions. In addition, the court abolished its earlier distinction between per se and de facto CPA violations. All private plaintiffs must now meet the same test. This Note examines the legal background for private CPA actions prior to Hangman Ridge. The Note observes that the Hangman Ridge test is …
New Limits To The Application Of The Consumer Protection Act—State V. Schwab, 103 Wn. 542, 693 P.2d 108 (1985), Lora L. Pesto
New Limits To The Application Of The Consumer Protection Act—State V. Schwab, 103 Wn. 542, 693 P.2d 108 (1985), Lora L. Pesto
Washington Law Review
In State v. Schwab, the Washington Supreme Court removed residential landlord-tenant transactions from the purview of the Washington Consumer Protection Act (CPA). Under Schwab, litigants may no longer invoke the generous remedial provisions of the CPA to enforce tenants' rights granted by the Residential Landlord-Tenant Act. Schwab also eliminated state prosecution of residential landlord-tenant actions. The reasoning used by the court could prevent the application of the CPA to new areas of commerce, and may also limit its application in areas where it previously has been considered fully applicable.
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 …
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.