Contact:
1-800-551-4636
E-mail

Overview

The Consumer Protection Division is comprised of 10 attorneys and 43 professional staff. The division enforces the Consumer Protection Act (RCW 19.86) to help keep the Washington marketplace free of unfair and deceptive practices. The division investigates and files legal actions to stop unfair and deceptive practices, recovers refunds for consumers and imposes penalties on offending businesses, as well as recovers attorneys’ fees and costs. The division also facilitates the informal resolution of consumer problems by notifying businesses of written complaints and informally mediating them. It provides information and education to businesses and to the public on consumer rights and issues, participates in the many legislative items that affect the division each year and sends out alerts and press releases when consumers or businesses are targets of fraudulent or predatory activities.

The division is also responsible for the administration of Washington’s Lemon Law for new motor vehicle warranty enforcement. The services include arbitration to resolve consumer and manufacturer warranty disputes, consumer and industry education and enforcement of manufacturer and dealer obligations.

Back to top

Legal Services Provided

The division represents the state when it brings actions under the Consumer Protection Act. As such, it is one of the only "plaintiff" practices in the office.

Back to top

Significant Cases

Mobile Home Landlord-Tenant Dispute Resolution Program: The new program began operation and traveled the state educating stakeholders about the new law governing manufactured housing landlord-tenant dispute resolution in a public awareness and education campaign called Don’t Move It; Solve It.

Gas Price Study: The Office released an in-depth study of gasoline prices during the years 2000-2008.  The study found that price variations across the state are due to the cost of obtaining and transporting fuel to stations and local costs of operation and competition. No evidence of illegal price manipulation was uncovered.  Increasing worldwide demand for oil and the inability of regional refineries to meet demand are the primary contributors to increasing prices. 

Pharmaceutical cases: The Consumer Protection Division played a leading role in reaching a $41 million multistate settlement with Caremark Rx, a national pharmacy benefits manager.  The states accused Caremark of deceptively encouraging doctors to switch patients’ prescriptions under the guise of cost savings to patients and health care plans, but Caremark retained some of the cost savings without making adequate disclosures. Caremark agreed to pay consumer claims for patient costs associated with the drug switches.

The Division also was a leader in the multistate settlement against Express Scripts, Inc, another pharmacy benefits manager.  The states alleged that Express Scripts failed to clearly disclose all details about the process for switching drugs.  The company agreed to better inform patients and prescribers about the effects of switching drugs and make other changes in its practices, and paid the states $9.5 million, including $470,000 to Washington to recover its litigation costs and provide low income drug related consumer education.  Express Scripts also agreed to pay consumer claims for patient costs associated with the drug switches.

The Division participated in the largest pharmaceutical multistate settlement in history against Merck and Co. regarding its deceptive promotion of the painkiller Vioxx.  The states accused Merck of aggressive advertising that misrepresented the drug’s safety.  Merck agreed to  reform its marketing practices and pay the states $58 million; Washington’s share was over $1.6 million for costs fees and consumer education.

Deceptive Internet Sales Practices: The Consumer Protection Division – High Tech Unit sued New Jersey-based Consumer Digital Services and its subsidiaries for deceptive Internet marketing practices, which enticed consumers with “free” products.  Under the terms of the settlement, the defendants agreed to stop the unlawful activity, pay a $100,000 penalty, pay the state $200,000 in costs and fees, and refund consumers over $55,400.

The High Tech Unit also sued SubscriberBASE for deceptive Internet sales practices, including deceptive promotional offers and offers of free merchandise.  Under the terms of the settlement, SubscriberBASE agreed to stop its deceptive practices and pay the state a civil penalty of $55,000 and nearly $70,000 costs, and refund consumers.

Back to top

Major Issues

Consumer Resource Centers: Each year the division's five Regional Consumer Resource Centers (CRCs) handle an average of 150,000 calls, greet nearly 1,500 walk-in consumers and process 20,000 consumer complaints. As a result of the informal mediation of the 20,000 consumer complaints, the CRCs help return more than $5 million to the consumers of the state each year.

Lemon Law Program: The Lemon Law Program separately handles more than 14,000 telephone inquires and requests for assistance and provides nearly 3600 arbitration packets to citizens each year. The program handles more than 200 arbitration requests each year that result in close to $5 million in refunds and vehicle replacements under the Washington Lemon Law.

Outreach and Education: The division is also very active in the area of outreach and education. We believe that the best way to prevent fraud is to arm consumers with the tools to avoid it before they become victimized. The division also works with other government agencies, non-profits and business organizations to help them help their constituents and avoid becoming a target of the division. The division provides nearly 200 presentations each year to thousands of citizens around the state.

Back to top