reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.09 - Charitable Solicitations. › 19.09.340 - Violations deemed unfair practice under chapter 19.86 RCW—Application of chapter 9.04 RCW—Procedure.

RCW 19.09.340
Violations deemed unfair practice under chapter 19.86 RCW—Application of chapter 9.04 RCW—Procedure.
(1) The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.
(2) The secretary may refer such evidence, as may be available, concerning violations of this chapter to the attorney general or the prosecuting attorney of the county wherein the alleged violation arose. In addition to any other action they might commence, the attorney general or the county prosecuting attorney may bring an action in the name of the state, with or without such reference, against any entity to restrain and prevent the doing of any act or practice prohibited by this chapter: PROVIDED, That this chapter shall be considered in conjunction with chapters 9.04 and 19.86 RCW, as now or hereafter amended, and the powers and duties of the attorney general and the prosecuting attorney as they may appear in the aforementioned chapters, shall apply against all entities subject to this chapter.
[ 2011 c 199 § 25; 1983 c 265 § 12; 1982 c 227 § 13; 1973 1st ex.s. c 13 § 34.]
NOTES:
Effective date—1982 c 227: See note following RCW 19.09.100.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.09 - Charitable Solicitations. › 19.09.355 - Moneys to be transmitted to general fund.

RCW 19.09.355
Moneys to be transmitted to general fund.
Except as otherwise provided in this chapter, all fees and other moneys received by the secretary of state under this chapter must be transmitted to the state treasurer for deposit in the state general fund.
[ 2011 c 199 § 26; 2010 1st sp.s. c 29 § 15; 1983 c 265 § 18.]
NOTES:
Intent—2010 1st sp.s. c 29: See note following RCW 24.06.450.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.09 - Charitable Solicitations. › 19.09.400 - Attorney general—Investigations—Publication of information.

RCW 19.09.400
Attorney general—Investigations—Publication of information.
The attorney general, in the attorney general's discretion, may:
(1) Annually, or more frequently, make such public or private investigations within or without this state as the attorney general deems necessary to determine whether any registration should be granted, denied, revoked, or suspended, or whether any entity has violated or is about to violate a provision of this chapter or any rule adopted or order issued under this chapter, or to aid in the enforcement of this chapter or in the prescribing of rules and forms under this chapter; and
(2) Publish information concerning a violation of this chapter or a rule adopted or order issued under this chapter.
[ 2011 c 199 § 27; 1993 c 471 § 18.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.09 - Charitable Solicitations. › 19.09.410 - Attorney general—Investigations—Powers—Superior court may compel.

RCW 19.09.410
Attorney general—Investigations—Powers—Superior court may compel.
For the purpose of any investigation or proceeding under this chapter, the attorney general or any officer designated by the attorney general may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the attorney general deems relevant or material to the inquiry.
In case of willful failure on the part of a person to comply with a subpoena lawfully issued by the attorney general or on the refusal of a witness to testify to matters regarding which the witness may be lawfully interrogated, the superior court of a county, on application of the attorney general and after satisfactory evidence of willful disobedience, may compel obedience by proceedings for contempt, as in the case of disobedience of a subpoena issued from the court or a refusal to testify therein.
[ 1993 c 471 § 19.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.09 - Charitable Solicitations. › 19.09.420 - Copies of information for attorney general.

RCW 19.09.420
Copies of information for attorney general.
The secretary shall provide the attorney general with copies of or direct electronic access to all registrations, reports, or other information filed under this chapter.
[ 1993 c 471 § 23.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.09 - Charitable Solicitations. › 19.09.430 - Administrative procedure act to govern administration.

RCW 19.09.430
Administrative procedure act to govern administration.
The administrative procedure act, chapter 34.05 RCW, wherever applicable governs the rights, remedies, and procedures respecting the administration of this chapter.
[ 2011 c 199 § 28; 1993 c 471 § 22.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.09 - Charitable Solicitations. › 19.09.440 - Annual report by secretary of state.

RCW 19.09.440
Annual report by secretary of state.
(1) Annually, the secretary of state shall publish a report indicating:
(a) For each charitable organization registered under RCW 19.09.075 the percentage relationship between (i) the total amount of money applied to charitable purposes; and (ii) the dollar value of total expenditures, including the total amount of money applied to charitable purposes, fund-raising costs, and administrative expenses;
(b) For each commercial fund-raiser registered under RCW 19.09.079 the percentage relationship between (i) the amount of money disbursed to charitable organizations for charitable purposes; and (ii) the total value of contributions received on behalf of charitable organizations by the commercial fund-raiser; and
(c) Such other information as the secretary of state deems appropriate.
(2) The secretary of state may use the latest information obtained pursuant to RCW 19.09.075, 19.09.079, or otherwise under chapter 19.09 RCW to prepare the report.
[ 2007 c 471 § 10; 1993 c 471 § 42.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.09 - Charitable Solicitations. › 19.09.510 - Charitable organization education program.

RCW 19.09.510
Charitable organization education program.
The secretary may, in conjunction with the attorney general, develop and operate an education program for charitable organizations, their board members, and the general public. To the extent practicable, the secretary shall consult with the nonprofit and charitable sector and the charitable advisory council created in RCW 19.09.550 to develop curriculum and other materials intended to educate charitable organizations, their board members, and the general public.
[ 2007 c 471 § 12.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.09 - Charitable Solicitations. › 19.09.530 - Charitable organization education account.

RCW 19.09.530
Charitable organization education account.
The charitable organization education account is created in the state treasury. All receipts from the portion of fees designated in RCW 19.09.062 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the charitable organization education program authorized in RCW 19.09.510.
[ 2010 1st sp.s. c 29 § 16; 2007 c 471 § 14.]
NOTES:
Intent—2010 1st sp.s. c 29: See note following RCW 24.06.450.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.09 - Charitable Solicitations. › 19.09.541 - Tiered financial reporting requirements.

RCW 19.09.541
Tiered financial reporting requirements.
The secretary is authorized to adopt rules, in accordance with chapter 34.05 RCW, that establish a set of tiered financial reporting requirements for charitable organizations required to register with the secretary pursuant to this chapter. Rules adopted under this section must include, but not be limited to, substantially the following:
(1) Tier one. Charitable organizations with one million dollars or less in annual gross revenue averaged over the three preceding, completed accounting years must meet the financial reporting requirements specified in RCW 19.09.075.
(2) Tier two. Charitable organizations with more than one million dollars and up to three million dollars in annual gross revenue averaged over the three preceding, completed accounting years must, in addition to the reporting requirements in RCW 19.09.075, make one of the following financial reporting requirements available to the public upon request, or accessible to the public on the internet:
(a) The federal financial reporting form (990, 990PF, 990EZ, 990T) the organization normally files with the IRS which must be prepared by a certified public accountant or other professional who normally prepares such forms in the ordinary course of their business; or
(b) An audited financial statement prepared by an independent certified public accountant for the preceding accounting year.
(3) Tier three. Charitable organizations with more than three million dollars in annual gross revenue averaged over the three preceding, completed accounting years must, in addition to the reporting requirements in RCW 19.09.075, obtain an independent, third-party audit of its financial records for the preceding accounting year. This audit report must be made available in paper form to the public upon request or accessible to the public on the internet.
(4) The secretary may waive a tiered reporting requirement as prescribed in rule.
[ 2011 c 199 § 9.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.09 - Charitable Solicitations. › 19.09.550 - Charitable advisory council.

RCW 19.09.550
Charitable advisory council.
(1) The secretary is authorized to create a charitable advisory council to consist of at least eleven, but not more than twenty-one, members. Members of a charitable advisory council shall:
(a) Be appointed by the secretary, with all members serving at the pleasure of the secretary and all terms expiring no later than the term of the appointing secretary;
(b) Represent a broad range of charities by size, purpose, geographic region of the state, and general expertise in the management and leadership of charitable organizations; and
(c) Annually vote to elect one of its members to serve as chairperson.
(2) The secretary shall not compensate members of the charitable advisory council but may provide reimbursement to members for expenses that are incurred in the conduct of their official duties.
(3) The charitable advisory council shall advise the secretary in determining training and educational needs of charitable organizations and model policies related to governance and administration of charitable organizations in accordance with fiduciary principles, assist the secretary in identifying emerging issues and trends affecting charitable organizations, and advise the secretary on other related issues at the request of the secretary.
[ 2007 c 471 § 16.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.09 - Charitable Solicitations. › 19.09.560 - Reciprocal agreements with other states.

RCW 19.09.560
Reciprocal agreements with other states.
(1) The secretary may enter into reciprocal agreements with the appropriate authority of any other state for the purpose of exchanging information with respect to charitable organizations and commercial fund-raisers.
(2) Pursuant to such agreements the secretary may:
(a) Accept information filed by a charitable organization or commercial fund-raisers with the appropriate authority of another state in lieu of the information required to be filed in accordance with this chapter, if the information is substantially similar to the information required under this chapter; and
(b) Grant exemptions from the requirements for the filing of annual registration statements with the office to charitable organizations organized under the laws of another state having their principal place of business outside this state whose funds are derived principally from sources outside this state and that have been exempted from the filing of registration statements by the statute under whose laws they are organized if such a state has a statute similar in substance to this chapter.
(3) The secretary may adopt rules relating to reciprocal agreements consistent with this section.
[ 2007 c 471 § 17.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.09 - Charitable Solicitations. › 19.09.912 - Effective date—1983 c 265.

RCW 19.09.912
Effective date—1983 c 265.
With the exception of section 19 of this act, this act shall take effect January 1, 1984.
[ 1983 c 265 § 21.]
NOTES:
Reviser's note: "Section 19 of this act" is an uncodified appropriation section.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.09 - Charitable Solicitations. › 19.09.913 - Effective date—1986 c 230.

RCW 19.09.913
Effective date—1986 c 230.
This act shall take effect on January 1, 1987.
[ 1986 c 230 § 21.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.09 - Charitable Solicitations. › 19.09.915 - Effective date—1993 c 471.

RCW 19.09.915
Effective date—1993 c 471.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.
[ 1993 c 471 § 44.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.09 - Charitable Solicitations. › 19.09.916 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 19.09.916
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 51.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.110 - License required.

RCW 19.16.110
License required.
No person shall act, assume to act, or advertise as a collection agency or out-of-state collection agency as defined in this chapter, except as authorized by this chapter, without first having applied for and obtained a license from the director.
Nothing contained in this section shall be construed to require a regular employee of a collection agency or out-of-state collection agency duly licensed under this chapter to procure a collection agency license.
[ 1994 c 195 § 2; 1971 ex.s. c 253 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.130 - License—Application—Form—Contents.

RCW 19.16.130
License—Application—Form—Contents.
Every application for a license shall be in writing, under oath, and in the form prescribed by the director.
Every application shall contain such relevant information as the director may require.
The applicant shall furnish the director with such evidence as the director may reasonably require to establish that the requirements and qualifications for a licensee have been fulfilled by the applicant.
Every application for a license shall state, among other things that may be required, the name of the applicant with the name under which the applicant will do business and the location by street and number, city and state of each office of the business for which the license is sought.
No license shall be issued in any fictitious name which may be confused with or which is similar to any federal, state, county, or municipal governmental function or agency or in any name which may tend to describe any business function or enterprise not actually engaged in by the applicant or in any name which is the same as or so similar to that of any existing licensee as would tend to deceive the public or in any name which would otherwise tend to be deceptive or misleading. The foregoing shall not necessarily preclude the use of a name which may be followed by a geographically descriptive title which would distinguish it from a similar name licensed but operating in a different geographical area.
[ 1971 ex.s. c 253 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.140 - License—Application—Fees—Exemptions.

RCW 19.16.140
License—Application—Fees—Exemptions.
Each applicant when submitting his or her application shall pay a licensing fee and an investigation fee determined by the director as provided in RCW 43.24.086. The licensing fee for an out-of-state collection agency shall not exceed fifty percent of the licensing fee for a collection agency. An out-of-state collection agency is exempt from the licensing fee if the agency is licensed or registered in a state that does not require payment of an initial fee by any person who collects debts in the state only by means of interstate communications from the person's location in another state. If a license is not issued in response to the application, the license fee shall be returned to the applicant.
An annual license fee determined by the director as provided in RCW 43.24.086 shall be paid to the director on or before January first of each year. The annual license fee for an out-of-state collection agency shall not exceed fifty percent of the annual license fee for a collection agency. An out-of-state collection agency is exempt from the annual license fee if the agency is licensed or registered in a state that does not require payment of an annual fee by any person who collects debts in the state only by means of interstate communications from the person's location in another state. If the annual license fee is not paid on or before January first, the licensee shall be assessed a penalty for late payment in an amount determined by the director as provided in RCW 43.24.086. If the fee and penalty are not paid by January thirty-first, it will be necessary for the licensee to submit a new application for a license: PROVIDED, That no license shall be issued upon such new application unless and until all fees and penalties previously accrued under this section have been paid.
Any license or branch office certificate issued under the provisions of this chapter shall expire on December thirty-first following the issuance thereof.
[ 2011 c 336 § 509; 1994 c 195 § 4; 1985 c 7 § 81; 1975 1st ex.s. c 30 § 90; 1971 ex.s. c 253 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.150 - Branch office certificate required.

RCW 19.16.150
Branch office certificate required.
If a licensee maintains a branch office, he, she, or it shall not operate a collection agency business in such branch office until he, she, or it has secured a branch office certificate therefor from the director. A licensee, so long as his, her, or its license is in full force and effect and in good standing, shall be entitled to branch office certificates for any branch office operated by such licensee upon payment of the fee therefor provided in this chapter.
Each licensee when applying for a branch office certificate shall pay a fee determined by the director as provided in RCW 43.24.086. An annual fee determined by the director as provided in RCW 43.24.086 for a branch office certificate shall be paid to the director on or before January first of each year. If the annual fee is not paid on or before January first, a penalty for late payment in an amount determined by the director as provided in RCW 43.24.086 shall be assessed. If the fee and the penalty are not paid by January thirty-first, it will be necessary for the licensee to apply for a new branch office certificate: PROVIDED, That no such new branch office certificate shall be issued unless and until all fees and penalties previously accrued under this section have been paid.
[ 2011 c 336 § 510; 1985 c 7 § 82; 1975 1st ex.s. c 30 § 91; 1971 ex.s. c 253 § 6.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.160 - License and branch office certificate—Form—Contents—Display.

RCW 19.16.160
License and branch office certificate—Form—Contents—Display.
Each license and branch office certificate, when issued, shall be in the form and size prescribed by the director and shall state in addition to any other matter required by the director:
(1) The name of the licensee;
(2) The name under which the licensee will do business;
(3) The address at which the collection agency business is to be conducted; and
(4) The number and expiration date of the license or branch office certificate.
A licensee shall display his, her, or its license in a conspicuous place in his, her, or its principal place of business and, if he, she, or it conducts a branch office, the branch office certificate shall be conspicuously displayed in the branch office.
Concurrently with or prior to engaging in any activity as a collection agency, as defined in this chapter, any person shall furnish to his, her, or its client or customer the number indicated on the collection agency license issued to him, her, or it pursuant to this section.
[ 2011 c 336 § 511; 1973 1st ex.s. c 20 § 2; 1971 ex.s. c 253 § 7.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.170 - Procedure upon change of name or business location.

RCW 19.16.170
Procedure upon change of name or business location.
Whenever a licensee shall contemplate a change of his, her, or its trade name or a change in the location of his, her, or its principal place of business or branch office, he, she, or it shall give written notice of such proposed change to the director. The director shall approve the proposed change and issue a new license or a branch office certificate, as the case may be, reflecting the change.
[ 2011 c 336 § 512; 1971 ex.s. c 253 § 8.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.180 - Assignability of license or branch office certificate.

RCW 19.16.180
Assignability of license or branch office certificate.
(1) Except as provided in subsection (2) of this section, a license or branch office certificate granted under this chapter is not assignable or transferable.
(2) Upon the death of an individual licensee, the director shall have the right to transfer the license and any branch office certificate of the decedent to the personal representative of his or her estate for the period of the unexpired term of the license and such additional time, not to exceed one year from the date of death of the licensee, as said personal representative may need in order to settle the deceased's estate or sell the collection agency.
[ 2011 c 336 § 513; 1971 ex.s. c 253 § 9.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.200 - Action on bond, cash deposit or securities.

RCW 19.16.200
Action on bond, cash deposit or securities.
In addition to all other legal remedies, an action may be brought in any court of competent jurisdiction upon the bond or cash deposit or security in lieu thereof, required by RCW 19.16.190, by any person to whom the licensee fails to account and pay as set forth in such bond or by any client or customer of the licensee who has been damaged by failure of the licensee to comply with all agreements entered into with such client or customer: PROVIDED, That the aggregate liability of the surety to all such clients or customers shall in no event exceed the sum of such bond.
An action upon such bond or security shall be commenced by serving and filing of the complaint within one year from the date of the cancellation of the bond or, in the case of a cash deposit or other security deposited in lieu of the surety bond, within one year of the date of expiration or revocation of license: PROVIDED, That no action shall be maintained upon such bond or such cash deposit or other security for any claim which has been barred by any nonclaim statute or statute of limitations of this state. Two copies of the complaint shall be served by registered or certified mail upon the director at the time the suit is started. Such service shall constitute service on the surety. The director shall transmit one of said copies of the complaint served on him or her to the surety within forty-eight hours after it shall have been received.
The director shall maintain a record, available for public inspection, of all suits commenced under this chapter upon surety bonds, or the cash or other security deposited in lieu thereof.
In the event of a judgment being entered against the deposit or security referred to in RCW 19.16.190(2), the director shall, upon receipt of a certified copy of a final judgment, pay said judgment from the amount of the deposit or security.
[ 2011 c 336 § 515; 1971 ex.s. c 253 § 11.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.210 - Accounting and payments by licensee to customer.

RCW 19.16.210
Accounting and payments by licensee to customer.
A licensee shall within thirty days after the close of each calendar month account in writing to his, her, or its customers for all collections made during that calendar month and pay to his, her, or its customers the net proceeds due and payable of all collections made during that calendar month except that a licensee need not account to the customer for:
(1) Court costs recovered which were previously advanced by licensee or his, her, or its attorney.
(2) Attorneys' fees and interest or other charges incidental to the principal amount of the obligation legally and properly belonging to the licensee, if such charges are retained by the licensee after the principal amount of the obligation has been accounted for and remitted to the customer. When the net proceeds are less than ten dollars at the end of any calendar month, payments may be deferred for a period not to exceed three months.
[ 2011 c 336 § 516; 1971 ex.s. c 253 § 12.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.220 - Accounting and payments by customer to licensee.

RCW 19.16.220
Accounting and payments by customer to licensee.
Every customer of a licensee shall, within thirty days after the close of each calendar month, account and pay to his, her, or its collection agency all sums owing to the collection agency for payments received by the customer during that calendar month on claims in the hands of the collection agency.
If a customer fails to pay a licensee any sums due under this section, the licensee shall, in addition to other remedies provided by law, have the right to offset any moneys due the licensee under this section against any moneys due customer under RCW 19.16.210.
[ 2011 c 336 § 517; 1971 ex.s. c 253 § 13.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.230 - Licensee—Business office—Records to be kept.

RCW 19.16.230
Licensee—Business office—Records to be kept.
(1) Every licensee required to keep and maintain records pursuant to this section, other than an out-of-state collection agency, shall establish and maintain a regular active business office in the state of Washington for the purpose of conducting his, her, or its collection agency business. Said office must be open to the public during reasonable stated business hours, and must be managed by a resident of the state of Washington.
(2) Every licensee shall keep a record of all sums collected by him, her, or it and all disbursements made by him, her, or it. All such records shall be kept at the business office referred to in subsection (1) of this section, unless the licensee is an out-of-state collection agency, in which case the record shall be kept at the business office listed on the licensee's license.
(3) Licensees shall maintain and preserve accounting records of collections and payments to customers for a period of four years from the date of the last entry thereon.
[ 2011 c 336 § 518; 1994 c 195 § 6; 1987 c 85 § 1; 1973 1st ex.s. c 20 § 3; 1971 ex.s. c 253 § 14.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.240 - Licensee—Trust fund account—Exception.

RCW 19.16.240
Licensee—Trust fund account—Exception.
Each licensee, other than an out-of-state collection agency, shall at all times maintain a separate bank account in this state in which all moneys collected by the licensee shall be deposited except that negotiable instruments received may be forwarded directly to a customer. Moneys received must be deposited within ten days after posting to the book of accounts. In no event shall moneys received be disposed of in any manner other than to deposit such moneys in said account or as provided in this section.
The bank account shall bear some title sufficient to distinguish it from the licensee's personal or general checking account, such as "Customer's Trust Fund Account". There shall be sufficient funds in said trust account at all times to pay all moneys due or owing to all customers and no disbursements shall be made from such account except to customers or to remit moneys collected from debtors on assigned claims and due licensee's attorney or to refund over payments except that a licensee may periodically withdraw therefrom such moneys as may accrue to licensee.
Any money in such trust account belonging to a licensee may be withdrawn for the purpose of transferring the same into the possession of licensee or into a personal or general account of licensee.
[ 1994 c 195 § 7; 1971 ex.s. c 253 § 15.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.245 - Financial statement.

RCW 19.16.245
Financial statement.
No licensee shall receive any money from any debtor as a result of the collection of any claim until he, she, or it shall have submitted a financial statement showing the assets and liabilities of the licensee truly reflecting that the licensee's net worth is not less than the sum of seven thousand five hundred dollars, in cash or its equivalent, of which not less than five thousand dollars shall be deposited in a bank, available for the use of the licensee's business. Any money so collected shall be subject to the provisions of RCW 19.16.430(2). The financial statement shall be sworn to by the licensee, if the licensee is an individual, or by a partner, officer, or manager in its behalf if the licensee is a partnership, corporation, or unincorporated association. The information contained in the financial statement shall be confidential and not a public record, but is admissible in evidence at any hearing held, or in any action instituted in a court of competent jurisdiction, pursuant to the provisions of this chapter: PROVIDED, That this section shall not apply to those persons holding a valid license issued pursuant to this chapter on July 16, 1973.
[ 2011 c 336 § 519; 1973 1st ex.s. c 20 § 9.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.270 - Presumption of validity of assignment.

RCW 19.16.270
Presumption of validity of assignment.
In any action brought by licensee to collect the claim of his, her, or its customer, the assignment of the claim to licensee by his, her, or its customer shall be conclusively presumed valid, if the assignment is filed in court with the complaint, unless objection is made thereto by the debtor in a written answer or in writing five days or more prior to trial.
[ 2011 c 336 § 522; 1971 ex.s. c 253 § 18.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.280 - Board created—Composition of board—Qualification of members.

RCW 19.16.280
Board created—Composition of board—Qualification of members.
There is hereby created a board to be known and designated as the "Washington state collection agency board." The board shall consist of five members, one of whom shall be the director and the other four shall be appointed by the governor. The director may delegate his or her duties as a board member to a designee from his or her department. The director or his or her designee shall be the executive officer of the board and its chair.
At least two but no more than two members of the board shall be licensees hereunder. Each of the licensee members of the board shall be actively engaged in the collection agency business at the time of his or her appointment and must continue to be so engaged and continue to be licensed under this chapter during the term of his or her appointment or he or she will be deemed to have resigned his or her position: PROVIDED, That no individual may be a licensee member of the board unless he or she has been actively engaged as either an owner or executive employee or a combination of both of a collection agency business in this state for a period of not less than five years immediately prior to his or her appointment.
No board member shall be employed by or have any interest in, directly or indirectly, as owner, partner, officer, director, agent, stockholder, or attorney, any collection agency in which any other board member is employed by or has such an interest.
No member of the board other than the director or his or her designee shall hold any other elective or appointive state or federal office.
[ 2011 c 336 § 523; 1971 ex.s. c 253 § 19.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.290 - Board—Initial members—Terms—Oath—Removal.

RCW 19.16.290
Board—Initial members—Terms—Oath—Removal.
The initial members of the board shall be named by the governor within thirty days after January 1, 1972. At the first meeting of the board, the members appointed by the governor shall determine by lot the period of time from January 1, 1972, that each of them shall serve, one for one year; one for two years; one for three years; and one for four years. In the event of a vacancy on the board, the governor shall appoint a successor for the unexpired term.
Each member appointed by the governor shall qualify by taking the usual oath of a state officer, which shall be filed with the secretary of state, and each member shall hold office for the term of his or her appointment and until his or her successor is appointed and qualified.
Any member of the board other than the director or his or her designee may be removed by the governor for neglect of duty, misconduct, malfeasance, or misfeasance in office, after being given a written statement of the charges against him or her and sufficient opportunity to be heard thereon.
[ 2011 c 336 § 524; 1971 ex.s. c 253 § 20.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.300 - Board meetings—Quorum—Effect of vacancy.

RCW 19.16.300
Board meetings—Quorum—Effect of vacancy.
The board shall meet as soon as practicable after the governor has appointed the initial members of the board. The board shall meet at least once a year and at such other times as may be necessary for the transaction of its business.
The time and place of the initial meeting of the board and the annual meetings shall be at a time and place fixed by the director. Other meetings of the board shall be held upon written request of the director at a time and place designated by him or her, or upon the written request of any two members of the board at a time and place designated by them.
A majority of the board shall constitute a quorum.
A vacancy in the board membership shall not impair the right of the remaining members of the board to exercise any power or to perform any duty of the board, so long as the power is exercised or the duty performed by a quorum of the board.
[ 2011 c 336 § 525; 1971 ex.s. c 253 § 21.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.310 - Board—Compensation—Reimbursement of travel expenses.

RCW 19.16.310
Board—Compensation—Reimbursement of travel expenses.
Each member of the board appointed by the governor shall be compensated in accordance with RCW 43.03.240 and in addition thereto shall be reimbursed for travel expenses incurred while on official business of the board and in attending meetings thereof, in accordance with the provisions of RCW 43.03.050 and 43.03.060.
[ 1984 c 287 § 54; 1975-'76 2nd ex.s. c 34 § 58; 1971 ex.s. c 253 § 22.]
NOTES:
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.320 - Board—Territorial scope of operations.

RCW 19.16.320
Board—Territorial scope of operations.
The board may meet, function and exercise its powers and perform its duties at any place within the state.
[ 1971 ex.s. c 253 § 23.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.330 - Board—Immunity from suit.

RCW 19.16.330
Board—Immunity from suit.
Members of the board shall be immune from suit in any civil action based upon an official act performed in good faith as members of such board.
[ 1971 ex.s. c 253 § 24.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.340 - Board—Records.

RCW 19.16.340
Board—Records.
All records of the board shall be kept in the office of the director. Copies of all records and papers of the board, certified to be true copies by the director, shall be received in evidence in all cases with like effect as the originals. All actions by the board which require publication, or any writing shall be over the signature of the director or his or her designee.
[ 2011 c 336 § 526; 1971 ex.s. c 253 § 25.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.351 - Additional powers and duties of board.

RCW 19.16.351
Additional powers and duties of board.
The board, in addition to any other powers and duties granted under this chapter and RCW 18.235.030:
(1) May adopt, amend, and rescind rules for its own organization and procedure and other rules as it may deem necessary in order to perform its duties under this chapter.
(2) May inquire into the needs of the collection agency business, the needs of the director, and the matter of the policy of the director in administering this chapter, and make such recommendations with respect thereto as, after consideration, may be deemed important and necessary for the welfare of the state, the welfare of the public, and the welfare and progress of the collection agency business.
(3) Upon request of the director, confer and advise in matters relating to the administering of this chapter.
(4) May consider and make appropriate recommendations to the director in all matters referred to the board.
(5) Upon request of the director, confer with and advise the director in the preparation of any rules to be adopted, amended, or repealed.
(6) May assist the director in the collection of such information and data as the director may deem necessary to the proper administration of this chapter.
[ 2002 c 86 § 267; 1977 ex.s. c 194 § 2; 1973 1st ex.s. c 20 § 8.]
NOTES:
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW 18.235.902 and 18.235.903.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.390 - Personal service of process outside state.

RCW 19.16.390
Personal service of process outside state.
Personal service of any process in an action under this chapter may be made upon any person outside the state if such person has engaged in conduct in violation of this chapter which has had the impact in this state which this chapter reprehends. Such persons shall be deemed to have thereby submitted themselves to the jurisdiction of the courts of this state within the meaning of RCW 4.28.180 and 4.28.185. A holder of an out-of-state collection agency license is deemed to have appointed the director or the director's designee to be the licensee's true and lawful agent upon whom may be served any legal process against that licensee arising or growing out of any violation of this chapter.
[ 1994 c 195 § 9; 1971 ex.s. c 253 § 30.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.410 - Rules, orders, decisions, etc.

RCW 19.16.410
Rules, orders, decisions, etc.
The board may adopt rules, make specific decisions, orders, and rulings, including therein demands and findings, and take other necessary action for the implementation and enforcement of the board's duties under this chapter.
[ 2007 c 256 § 4; 1971 ex.s. c 253 § 32.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.420 - Copy of this chapter, rules and regulations available to licensee.

RCW 19.16.420
Copy of this chapter, rules and regulations available to licensee.
On or about the first day of February in each year, the director shall cause to be made available at reasonable expense to a licensee a copy of this chapter, a copy of the current rules and regulations of the director, and board, and such other materials as the director or board prescribe.
[ 1971 ex.s. c 253 § 33.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.430 - Violations—Operating agency without a license—Penalty—Return of fees or compensation.

RCW 19.16.430
Violations—Operating agency without a license—Penalty—Return of fees or compensation.
(1) Any person who knowingly operates as a collection agency or out-of-state collection agency without a license or knowingly aids and abets such violation is punishable by a fine not exceeding five hundred dollars or by imprisonment not exceeding one year or both.
(2) Any person who operates as a collection agency or out-of-state collection agency in the state of Washington without a valid license issued pursuant to this chapter shall not charge or receive any fee or compensation on any moneys received or collected while operating without a license or on any moneys received or collected while operating with a license but received or collected as a result of his, her, or its acts as a collection agency or out-of-state collection agency while not licensed hereunder. All such moneys collected or received shall be forthwith returned to the owners of the accounts on which the moneys were paid.
[ 2011 c 336 § 527; 1994 c 195 § 10; 1973 1st ex.s. c 20 § 6; 1971 ex.s. c 253 § 34.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.440 - Collection agency—Prohibited acts—Unfair and deceptive trade practices under chapter 19.86 RCW.

RCW 19.16.440
Collection agency—Prohibited acts—Unfair and deceptive trade practices under chapter 19.86 RCW.
The operation of a collection agency or out-of-state collection agency without a license as prohibited by RCW 19.16.110 and the commission by a licensee or an employee of a licensee of an act or practice prohibited by RCW 19.16.250 or 19.16.260 are declared to be unfair acts or practices or unfair methods of competition in the conduct of trade or commerce for the purpose of the application of the consumer protection act found in chapter 19.86 RCW.
[ 2020 c 30 § 3; 1994 c 195 § 11; 1973 1st ex.s. c 20 § 7; 1971 ex.s. c 253 § 35.]
NOTES:
Application—2020 c 30: See note following RCW 19.16.100.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.450 - Violation of RCW 19.16.250 or 19.16.260—Additional penalty.

RCW 19.16.450
Violation of RCW 19.16.250 or 19.16.260—Additional penalty.
If an act or practice in violation of RCW 19.16.250 or 19.16.260 is committed by a licensee or an employee of a licensee in the collection of a claim, neither the licensee, the customer of the licensee, nor any other person who may thereafter legally seek to collect on such claim shall ever be allowed to recover any interest, service charge, attorneys' fees, collection costs, delinquency charge, or any other fees or charges otherwise legally chargeable to the debtor on such claim: PROVIDED, That any person asserting the claim may nevertheless recover from the debtor the amount of the original claim or obligation.
[ 2020 c 30 § 4; 1971 ex.s. c 253 § 36.]
NOTES:
Application—2020 c 30: See note following RCW 19.16.100.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.460 - Violations may be enjoined.

RCW 19.16.460
Violations may be enjoined.
Notwithstanding any other actions which may be brought under the laws of this state, the attorney general or the prosecuting attorney of any county within the state may bring an action in the name of the state against any person to restrain and prevent any violation of this chapter.
[ 1971 ex.s. c 253 § 37.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.16 - Collection Agencies. › 19.16.470 - Violations—Assurance of discontinuance—Effect.

RCW 19.16.470
Violations—Assurance of discontinuance—Effect.
The attorney general may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person engaging in or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has his, her, or its principal place of business, or in the alternative, in Thurston county.
Such assurance of discontinuance shall not be considered an admission of a violation for any purpose; however, proof of failure to perform the terms of any such assurance shall constitute prima facie proof of a violation of this chapter for the purpose of securing an injunction as provided for in RCW 19.16.460: PROVIDED, That after commencement of any action by a prosecuting attorney, as provided therein, the attorney general may not accept an assurance of discontinuance without the consent of said prosecuting attorney.
[ 2011 c 336 § 528; 1971 ex.s. c 253 § 38.]