reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.174 - Automated Teller Machines and Night Depositories Security. › 19.174.010 - Intent.

RCW 19.174.010
Intent.
The intent of the legislature in enacting this chapter is to enhance the safety of consumers using automated teller machines and night deposit facilities in Washington without discouraging the siting of automated teller machines and night deposit facilities in locations convenient to consumers' homes and workplaces. Because decisions concerning safety at automated teller machines and night deposit facilities are inherently subjective, the legislature establishes as the standard of care applicable to operators of automated teller machines and night deposit facilities, in connection with user safety, compliance with the objective standards and information requirements of this chapter. It is not the intent of the legislature in enacting this chapter to impose a duty to relocate or modify automated teller machines or night deposit facilities upon the occurrence of a particular event or circumstance, but rather to establish a means for the evaluation of all automated teller machines and night deposit facilities as provided in this chapter. The legislature further recognizes the need for uniformity as to the establishment of safety standards for automated teller machines and night deposit facilities and intends with this chapter to supersede and preempt a rule, regulation, code, or ordinance of a city, county, municipality, or local agency regarding customer safety at automated teller machines and night deposit facilities in Washington.
[ 1993 c 324 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.174 - Automated Teller Machines and Night Depositories Security. › 19.174.030 - Safety procedures—Requirements.

RCW 19.174.030
Safety procedures—Requirements.
On or before July 1, 1994, with respect to an existing installed automated teller machine and night deposit facility in this state, and an automated teller machine or night deposit facility installed after July 1, 1994, the operator shall adopt procedures for evaluating the safety of the automated teller machine or night deposit facility. These procedures must pertain to the following:
(1) The extent to which the lighting for the automated teller machine or night deposit facility complies or will comply with the standards required by RCW 19.174.050;
(2) The presence of landscaping, vegetation, or other obstructions in the area of the automated teller machine or night deposit facility, the access area, and the defined parking area; and
(3) The incidence of crimes of violence in the immediate neighborhood of the automated teller machine or night deposit facility, as reflected in the records of the local law enforcement agency and of which the operator has actual knowledge.
[ 1993 c 324 § 3.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.174 - Automated Teller Machines and Night Depositories Security. › 19.174.040 - Lighting requirements—Compliance.

RCW 19.174.040
Lighting requirements—Compliance.
(1) An operator of an automated teller machine or night deposit facility installed on or after July 1, 1994, shall comply with RCW 19.174.050 beginning on the date the automated teller machine or night deposit facility is installed. Compliance with RCW 19.174.050 by an operator as to an automated teller machine and night deposit facility existing as of July 1, 1994, is optional until July 1, 1996, and mandatory thereafter. This section applies to an operator of an automated teller machine or night deposit facility only to the extent that the operator controls the access area or defined parking area to be lighted.
(2) If an access area or a defined parking area is not controlled by the operator of an automated teller machine or night deposit facility, and if the person who leased the automated teller machine or night deposit facility site to the operator controls the access area or defined parking area, the person who controls the access area or defined parking area shall comply with RCW 19.174.050 for an automated teller machine or night deposit facility installed on or after July 1, 1994, beginning on the date the automated teller machine or night deposit facility is installed and for an automated teller machine or night deposit facility existing as of July 1, 1994, by or on July 1, 1996.
[ 1993 c 324 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.174 - Automated Teller Machines and Night Depositories Security. › 19.174.050 - Lighting requirements.

RCW 19.174.050
Lighting requirements.
The operator, owner, or other person responsible for an automated teller machine or night deposit facility shall provide lighting during hours of darkness with respect to an open and operating automated teller machine or night deposit facility and a defined parking area, access area, and the exterior of an enclosed automated teller machine or night deposit facility installation according to the following standards:
(1) There must be a minimum of ten candle-foot power at the face of the automated teller machine or night deposit facility and extending in an unobstructed direction outward five feet;
(2) There must be a minimum of two candle-foot power within fifty feet from all unobstructed directions from the face of the automated teller machine or night deposit facility. In the event the automated teller machine or night deposit facility is located within ten feet of the corner of the building and the automated teller machine or night deposit facility is generally accessible from the adjacent side, there must be a minimum of two candle-foot power along the first forty unobstructed feet of the adjacent side of the building; and
(3) There must be a minimum of two candle-foot power in that portion of the defined parking area within fifty feet of the automated teller machine or night deposit facility.
[ 1993 c 324 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.174 - Automated Teller Machines and Night Depositories Security. › 19.174.060 - Notice to customer.

RCW 19.174.060
Notice to customer.
The issuer of an access device shall furnish a customer receiving the device with a notice of basic safety precautions that the customer should employ while using an automated teller machine or night deposit facility. This information must be furnished by personally delivering or by mailing the information to each customer whose mailing address is in this state for the account to which the access device relates. This information must be furnished for an access device issued on or after July 1, 1994, at or before the time the customer is furnished with his or her access device. For a customer to whom an access device was issued before July 1, 1994, the information must be delivered or mailed to the customer on or before December 31, 1994. Only one notice must be furnished per household, and if an access device is furnished to more than one customer for a single account or set of accounts or on the basis of a single application or other request for the access devices, only a single notice must be furnished in satisfaction of the notification responsibilities as to all those customers. The information may be included with other disclosures related to the access device furnished to the customer, such as with an initial or periodic disclosure statement furnished under the Electronic Fund Transfer Act, 15 U.S.C. Sec. 1601, et seq.
[ 1993 c 324 § 6.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.174 - Automated Teller Machines and Night Depositories Security. › 19.174.070 - Exceptions.

RCW 19.174.070
Exceptions.
This chapter does not apply to an automated teller machine or night deposit facility that is:
(1) Located inside of a building, unless it is a freestanding installation that exists for the sole purpose of providing an enclosure for the automated teller machine or night deposit facility;
(2) Located inside a building, except to the extent a transaction can be conducted from outside the building; or
(3) Located in an area, including an access area, building, enclosed space, or parking area that is not controlled by the operator.
[ 1993 c 324 § 7.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.174 - Automated Teller Machines and Night Depositories Security. › 19.174.080 - Chapter supersedes local government actions.

RCW 19.174.080
Chapter supersedes local government actions.
This chapter supersedes and preempts all rules, regulations, codes, statutes, or ordinances of all cities, counties, municipalities, and local agencies regarding customer safety at automated teller machines or night deposit facilities located in this state.
[ 1993 c 324 § 8.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.174 - Automated Teller Machines and Night Depositories Security. › 19.174.090 - Compliance evidence of adequate safety measures.

RCW 19.174.090
Compliance evidence of adequate safety measures.
Compliance with the objective standards and information requirements of this chapter is prima facie evidence that the operator of the automated teller machine or night deposit facility in question has provided adequate measures for the safety of users of the automated teller machine or night depository.
[ 1993 c 324 § 9.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.174 - Automated Teller Machines and Night Depositories Security. › 19.174.900 - Effective date—1993 c 324.

RCW 19.174.900
Effective date—1993 c 324.
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 immediately [May 12, 1993].
[ 1993 c 324 § 15.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.178 - Going Out of Business Sales. › 19.178.010 - Definitions.

RCW 19.178.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Affiliated business" means a business or business location that is directly or indirectly controlled by or under common control with the business location or locations listed in the notice of the sale or that has a common ownership interest in the merchandise to be sold with the business location or locations listed in the notice of the sale.
(2) "Going out of business sale" means a sale or auction advertised or held out to the public as the disposal of merchandise in anticipation of cessation of business. This includes but is not limited to a sale or auction advertised or held out to the public as a "going out of business sale," a "closing out sale," a "quitting business sale," a "loss of lease sale," a "must vacate sale," a "liquidation sale," a "bankruptcy sale," a "sale to prevent bankruptcy," or another description suggesting price reduction due to the imminent closure of the business.
(3) "Merchandise" means goods, wares, or other property or services capable of being the object of a sale regulated under this chapter.
(4) "Moving sale" means a sale or auction advertised or held out to the public in anticipation of a relocation of the business to within a thirty-mile radius of its existing location.
(5) "Person" means, where applicable, natural persons, corporations, trusts, unincorporated associations, partnerships, or other legal entities.
[ 1993 c 456 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.178 - Going Out of Business Sales. › 19.178.020 - Notice—Recording—Display—Service on attorney general.

RCW 19.178.020
Notice—Recording—Display—Service on attorney general.
(1) It is unlawful for a person to sell, offer for sale, or advertise for sale merchandise at a going out of business sale without first recording a notice of the going out of business sale and executing an affidavit of inventory under this chapter.
(2) The notice of the sale must be displayed in a prominent place on the premises where a going out of business sale is being conducted.
(3) Where a going out of business sale is part of a bankruptcy, receivership, or other court-ordered action, a person required by this chapter to record a notice of the sale shall serve a copy of the petition, motion, proposed order, or other pleading requesting court approval of the sale on the attorney general no less than seven days before the date on which an action may be taken related to the conduct of the sale by a court.
[ 1993 c 456 § 3.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.178 - Going Out of Business Sales. › 19.178.030 - Notice—Recording—Procedure.

RCW 19.178.030
Notice—Recording—Procedure.
(1) A person conducting a going out of business sale shall record a notice of the sale with the county auditor at least fourteen days before the beginning date of the sale.
(2) The notice must be signed under oath and acknowledged and must require, and the person signing the notice shall set forth, the following facts and information regarding the sale:
(a) The name, address, telephone number, and Washington state business identification number of the owner of the merchandise to be sold. If the owner is a corporation, trust, unincorporated association, partnership, or other legal entity, the person signing the notice must be an officer of the entity and must identify his or her title;
(b) The name, address, and telephone number of the person who will be in charge and responsible for the conduct of the sale;
(c) The descriptive name, location or locations, and beginning and ending dates of the sale;
(d) Whether a person who has an ownership interest in the business or in the merchandise to be sold has conducted a going out of business sale within one year of recording the notice;
(e) Whether a person who has an ownership interest in the business or in the merchandise to be sold established or acquired an ownership interest in the business within six months of recording the notice; and
(f) A statement that:
(i) The merchandise ordered during the thirty days before recording the notice consists only of bona fide orders made in the usual course of business and does not contain merchandise taken on consignment or otherwise;
(ii) No merchandise transferred from an affiliated business was transferred in contemplation of conducting the sale;
(iii) No merchandise will be ordered, taken on consignment, or transferred from an affiliated business after the notice is recorded or during the sale;
(iv) No person who has an ownership interest in the business or in the merchandise to be sold established or acquired an interest in the business or in the merchandise to be sold solely or principally for the purpose of conducting a going out of business sale;
(v) The business will be discontinued after the ending date of the sale and no merchandise held out for sale will be subsequently offered for sale to the public by anyone who had an ownership interest in the business or in the merchandise offered for sale; and
(vi) No person who has an ownership interest in the business or in the merchandise to be sold is subject to a court order resulting from a civil enforcement action under the consumer protection act for a violation of this chapter or the type of conduct prohibited by this chapter.
[ 1993 c 456 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.178 - Going Out of Business Sales. › 19.178.040 - Inventory list—Compilation of purchase orders.

RCW 19.178.040
Inventory list—Compilation of purchase orders.
(1) A person conducting a going out of business sale shall, before recording the notice, make either an inventory list of the merchandise to be sold or a compilation of purchase orders issued by the business in the thirty days before recording the notice of the sale.
(2) If a person elects to make an inventory list:
(a) The inventory list must identify the merchandise and include the quantity of each item and the price at which each item was offered for sale within one week of recording the notice;
(b) The inventory list must identify items ordered within thirty days of recording the notice but not yet received by the business;
(c) The inventory list must be permanently attached to an affidavit executed by the person recording the notice of the sale stating that the inventory list is a true and correct inventory of merchandise owned by the business conducting the sale as of the date the affidavit is executed; and
(d) No item may be offered for sale at a going out of business sale unless the item is included in the inventory list for the sale.
(3) If a person elects to make a purchase order compilation, the compilation must be permanently attached to an affidavit executed by the person recording the notice of the sale stating that the compilation is a true and correct compilation of the purchase orders issued by the business in the thirty days before recording the notice of the sale.
(4) The affidavit must be signed under oath and acknowledged before a notary public. Each page of the inventory list or purchase order compilation must be marked in some form by a notary public to verify its identity as part of the inventory list or purchase order compilation for the going out of business sale.
(5) A person conducting a going out of business sale shall maintain possession of the affidavit and attached inventory list or purchase order compilation for three years after the ending date of the sale. The inventory list or purchase order compilation is admissible evidence of compliance or noncompliance with this chapter.
[ 1993 c 456 § 6.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.178 - Going Out of Business Sales. › 19.178.050 - Business identification number—Ownership interest purposes limited—Application of consumer protection act.

RCW 19.178.050
Business identification number—Ownership interest purposes limited—Application of consumer protection act.
(1) No person may conduct a going out of business sale except a person with a valid Washington state business identification number.
(2) No person may conduct a going out of business sale if a person who has an ownership interest in the business or in the merchandise to be sold established or acquired an ownership interest in the business solely or principally for the purpose of conducting a going out of business sale. A person who has either conducted a going out of business sale within one year or established or acquired an interest in the business conducting the sale within six months of recording the notice is presumed to have established or acquired an interest in the business solely or principally for the purpose of conducting a going out of business sale.
(3) No person may conduct a going out of business sale if a person who has an ownership interest in the business or in the merchandise to be sold is subject to a court order resulting from a civil enforcement action under the consumer protection act for a violation of this chapter or the type of conduct prohibited by this chapter.
[ 1993 c 456 § 7.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.178 - Going Out of Business Sales. › 19.178.070 - Merchandise—Consigned or not owned by seller—Transfer—Additional.

RCW 19.178.070
Merchandise—Consigned or not owned by seller—Transfer—Additional.
(1) No person may sell consigned merchandise or other merchandise not owned by the person signing the notice at a going out of business sale. Merchandise ordered within thirty days of recording the notice of the sale may consist only of bona fide orders made in the usual course of business and may contain no merchandise taken on consignment or otherwise.
(2) No person in contemplation of conducting a going out of business sale may transfer merchandise from an affiliated business or business location to the location or locations of the sale.
(3) No person, after recording the notice of a going out of business sale, may buy or order merchandise, take merchandise on consignment, or receive a transfer of merchandise from an affiliated business or business location for the purpose of selling it at the sale or sell the merchandise in a going out of business sale.
[ 1993 c 456 § 9.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.178 - Going Out of Business Sales. › 19.178.080 - Continuing business prohibited—Exception.

RCW 19.178.080
Continuing business prohibited—Exception.
(1) No person may continue to conduct a going out of business sale beyond the ending date listed in the notice of the sale.
(2) No person after conducting a going out of business sale may remain in business under any of the same ownership, or under the same or substantially the same trade name, or continue to offer for sale the same type of merchandise for a period of one year after the ending date of the sale unless the continuing business location was in operation before recording the notice for the closing business location.
(3) For the purposes of this section, if a business entity that is prohibited from continuing a business under this section reformulates itself as a new entity or as an individual, whether by sale, merger, acquisition, bankruptcy, dissolution, or other transaction, for the purpose of continuing the business or profiting from the business, the successor entity or individual is considered the same person as the original entity. If an individual who is prohibited from continuing a business under this section forms a new business entity to continue the business, participate in the business, or profit from the business, that entity is considered the same person as the individual.
[ 1993 c 456 § 10.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.178 - Going Out of Business Sales. › 19.178.090 - Means for continuation of closing business location prohibited.

RCW 19.178.090
Means for continuation of closing business location prohibited.
No person may conduct a going out of business sale if any means have been established for continuation of the closing business location by the same owner, directly or indirectly, by corporation, trust, unincorporated association, partnership, or other legal entity under the same name or under a different name.
[ 1993 c 456 § 11.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.178 - Going Out of Business Sales. › 19.178.100 - Advertising—Moving sale.

RCW 19.178.100
Advertising—Moving sale.
(1) No person may advertise a going out of business sale more than fourteen days before the beginning date of the sale. All advertising of the sale must state the beginning date and must clearly and prominently state the ending date of the sale. Except as provided in subsection (2) of this section, all advertising must be confined to or refer to the address or addresses and place or places of business specified in the notice as going out of business and may not state that other locations or affiliated businesses are cooperating with or participating in the sale unless the other locations or affiliated businesses are included in the notice.
(2) Advertising broadcast on radio is not required to refer to the address or addresses of the business specified in the notice as going out of business, but must meet all other conditions of this section.
(3) No advertising may contain false, misleading, or deceptive statements regarding the nature, duration, merchandise, or other terms of a going out of business sale.
(4) Representations in advertising regarding price savings or discounts on sale merchandise must be bona fide and substantiated.
(5) A moving sale may not be advertised for more than ninety days and may not occur more than once within a twenty-four month period.
[ 1993 c 456 § 12.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.178 - Going Out of Business Sales. › 19.178.110 - Violations—Application of consumer protection act.

RCW 19.178.110
Violations—Application of consumer protection act.
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. Violations of this chapter are not reasonable in relation to the development and preservation of business. A violation of this chapter 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.
[ 1993 c 456 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.178 - Going Out of Business Sales. › 19.178.120 - Violation—False or incorrect notice—Penalty.

RCW 19.178.120
Violation—False or incorrect notice—Penalty.
A person who knowingly violates this chapter or who knowingly gives false or incorrect information in a notice required by this chapter is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
[ 1993 c 456 § 13.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.178 - Going Out of Business Sales. › 19.178.130 - Proceedings instituted by attorney general or prosecuting attorney.

RCW 19.178.130
Proceedings instituted by attorney general or prosecuting attorney.
The attorney general or the proper prosecuting attorney may institute proceedings under this chapter.
[ 1993 c 456 § 14.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.178 - Going Out of Business Sales. › 19.178.140 - State preemption.

RCW 19.178.140
State preemption.
The state of Washington fully occupies and preempts the entire field of regulating going out of business sales.
[ 1993 c 456 § 15.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.178 - Going Out of Business Sales. › 19.178.900 - Application of chapter—Exceptions.

RCW 19.178.900
Application of chapter—Exceptions.
(1) This chapter shall apply only to persons who engage in the retail sale of merchandise in their regular course of business.
(2) This chapter does not apply to:
(a) Persons acting in accordance with their powers and duties as public officers, such as county sheriffs;
(b) Bulk transfers as defined in *RCW 62A.6-102; or
(c) Moving sales, except for RCW 19.178.100(5).
(3) Going out of business sales of perishable merchandise or merchandise damaged by fire, smoke, or water are exempt from the requirement that the notice of the sale be recorded at least fourteen days before the beginning date of the sale.
[ 1993 c 456 § 4.]
NOTES:
*Reviser's note: RCW 62A.6-102 was repealed by 1993 c 395 § 6-101.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.182 - Fair Credit Reporting Act. › 19.182.005 - Findings—Declaration.

RCW 19.182.005
Findings—Declaration.
The legislature finds and declares that consumers have a vital interest in establishing and maintaining creditworthiness. The legislature further finds that an elaborate mechanism using credit reports has developed for investigating and evaluating a consumer's creditworthiness, credit capacity, and general reputation and character. As such, credit reports are used for evaluating credit card, loan, mortgage, and small business financing applications, as well as for decisions regarding employment and the rental or leasing of dwellings. Moreover, financial institutions and other creditors depend upon fair and accurate credit reports to efficiently and accurately evaluate creditworthiness. Unfair or inaccurate reports undermine both public and creditor confidences in the reliability of credit granting systems.
Therefore, this chapter is necessary to assure accurate credit data collection, maintenance, and reporting on the citizens of the state. It is the policy of the state that credit reporting agencies maintain accurate credit reports, resolve disputed reports promptly and fairly, and adopt reasonable procedures to promote consumer confidentiality and the proper use of credit data in accordance with this chapter.
[ 1993 c 476 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.182 - Fair Credit Reporting Act. › 19.182.030 - Consumer report—Credit action not initiated by consumer—Exclusion by consumer.

RCW 19.182.030
Consumer report—Credit action not initiated by consumer—Exclusion by consumer.
(1) A consumer reporting agency may provide a consumer report relating to a consumer under RCW 19.182.020(1)(c)(i) in connection with a credit transaction that is not initiated by the consumer only if:
(a) The consumer authorized the consumer reporting agency to provide the report to such a person; or
(b) The consumer has not elected in accordance with subsection (3) of this section to have the consumer's name and address excluded from such transactions.
(2) A consumer reporting agency may provide only the following information under subsection (1) of this section:
(a) The name and address of the consumer; and
(b) Information pertaining to a consumer that is not identified or identifiable with particular accounts or transactions of the consumer.
(3)(a) A consumer may elect to have his or her name and address excluded from any list provided by a consumer reporting agency through prescreening under subsection (1) of this section or from any list provided by a consumer reporting agency for direct solicitation transactions that are not initiated by the consumer by notifying the consumer reporting agency. The notice must be made in writing through the notification system maintained by the consumer reporting agency under subsection (4) of this section and must state that the consumer does not consent to any use of consumer reports relating to the consumer in connection with any transaction that is not initiated by the consumer.
(b) An election of a consumer under (a) of this subsection is effective with respect to a consumer reporting agency and any affiliate of the consumer reporting agency, within five business days after the consumer reporting agency receives the consumer's notice.
(4) A consumer reporting agency that provides information intended to be used in a prescreened credit transaction or direct solicitation transaction that is not initiated by the consumer shall:
(a) Maintain a notification system that facilitates the ability of a consumer in the agency's database to notify the agency to promptly withdraw the consumer's name from lists compiled for prescreened credit transactions and direct solicitation transactions not initiated by the consumer; and
(b) Publish at least annually in a publication of general circulation in the area served by the agency, the address for consumers to use to notify the agency of the consumer's election under subsection (3) of this section.
(5) A consumer reporting agency that maintains consumer reports on a nationwide basis shall establish a system meeting the requirements of subsection (4) of this section on a nationwide basis, and may operate such a system jointly with any other consumer reporting agencies.
(6) Compliance with the requirements of this section by any consumer reporting agency constitutes compliance by the agency's affiliates.
[ 1993 c 476 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.182 - Fair Credit Reporting Act. › 19.182.040 - Consumer report—Prohibited information—Exceptions.

RCW 19.182.040
Consumer report—Prohibited information—Exceptions.
(1) Except as authorized under subsection (2) of this section, no consumer reporting agency may make a consumer report containing any of the following items of information:
(a) Bankruptcies that, from date of adjudication of the most recent bankruptcy, antedate the report by more than ten years;
(b) Suits and judgments that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period;
(c) Paid tax liens that, from date of payment, antedate the report by more than seven years;
(d) Accounts placed for collection or charged to profit and loss that antedate the report by more than seven years;
(e) Records of arrest, indictment, or conviction of an adult for a crime that, from date of disposition, release, or parole, antedate the report by more than seven years;
(f) Juvenile records, as defined in *RCW 13.50.010(1)(c), when the subject of the records is twenty-one years of age or older at the time of the report; and
(g) Any other adverse item of information that antedates the report by more than seven years.
(2) Subsection (1)(a) through (e) and (g) of this section is not applicable in the case of a consumer report to be used in connection with:
(a) A credit transaction involving, or that may reasonably be expected to involve, a principal amount of fifty thousand dollars or more;
(b) The underwriting of life insurance involving, or that may reasonably be expected to involve, a face amount of fifty thousand dollars or more; or
(c) The employment of an individual at an annual salary that equals, or that may reasonably be expected to equal, twenty thousand dollars or more.
[ 2011 c 333 § 2; 1993 c 476 § 6.]
NOTES:
*Reviser's note: RCW 13.50.010 was amended by 2015 c 265 § 2, changing subsection (1)(c) to subsection (1)(d).
Findings—Intent—2011 c 333: "The legislature finds that:
(1) One of the goals of the juvenile justice system is to rehabilitate juvenile offenders and promote their successful reintegration into society. Without opportunities to reintegrate, juveniles suffer increased recidivism and decreased economic function.
(2) The public has an interest in accessing information relating to juvenile records for public safety and research purposes.
(3) The public's legitimate interest in accessing personal information must be balanced with the rehabilitative goals of the juvenile justice system. All benefit when former juvenile offenders, after paying their debt to society, reintegrate and contribute to their local communities as productive citizens.
(4) It is the intent of the legislature to balance the rehabilitative and reintegration needs of an effective juvenile justice system with the public's need to access personal information for public safety and research purposes." [ 2011 c 333 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.182 - Fair Credit Reporting Act. › 19.182.050 - Investigative consumer report—Procurement, preparation—Disclosure—Use—Liability—Record.

RCW 19.182.050
Investigative consumer report—Procurement, preparation—Disclosure—Use—Liability—Record.
(1) A person may not procure or cause to be prepared an investigative consumer report on a consumer unless:
(a) It is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to the consumer's character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and the disclosure:
(i) Is made in a writing mailed, or otherwise delivered, to the consumer not later than three days after the date on which the report was first requested; and
(ii) Includes a statement informing the consumer of the consumer's right to request the additional disclosures provided for under subsection (2) of this section and the written summary of the rights of the consumer prepared under RCW 19.182.080(7); or
(b) The report is to be used for employment purposes for which the consumer has not specifically applied.
(2) A person who procures or causes to be prepared an investigative consumer report on a consumer shall make, upon written request made by the consumer within a reasonable period of time after the receipt by the consumer of the disclosure required in subsection (1)(a) of this section, a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure must be made in a writing mailed, or otherwise delivered, to the consumer not later than the latter of five days after the date on which the request for the disclosure was either received from the consumer or the report was first requested.
(3) No person may be held liable for a violation of subsection (1) or (2) of this section if the person shows by a preponderance of the evidence that at the time of the violation the person maintained reasonable procedures to assure compliance with subsection (1) or (2) of this section.
(4) A consumer reporting agency shall maintain a detailed record of:
(a) The identity of the person to whom an investigative consumer report or information from a consumer report is provided by the consumer reporting agency; and
(b) The certified purpose for which an investigative consumer report on a consumer, or any other information relating to a consumer, is requested by the person.
For purposes of this subsection, "person" does not include an individual who requests the report unless the individual obtains the report or information for his or her own individual purposes.
[ 1993 c 476 § 7.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.182 - Fair Credit Reporting Act. › 19.182.060 - Consumer report—Procedures for compliance—Information for governmental agency—Record.

RCW 19.182.060
Consumer report—Procedures for compliance—Information for governmental agency—Record.
(1) A consumer reporting agency shall maintain reasonable procedures designed to avoid violations of RCW 19.182.040 and to limit the furnishing of consumer reports to the purposes listed under RCW 19.182.020. These procedures must require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. A consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by the prospective user before furnishing the user a consumer report. No consumer reporting agency may furnish a consumer report to a person if the agency has reasonable grounds for believing that the consumer report will not be used for a purpose listed in RCW 19.182.020.
(2) Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.
(3) Notwithstanding RCW 19.182.020, a consumer reporting agency may furnish identifying information about a consumer, limited to the consumer's name, address, former addresses, places of employment, or former places of employment, to a governmental agency.
(4) A consumer reporting agency shall maintain a detailed record of:
(a) The identity of any person to whom a consumer report or information from a consumer report is provided by the consumer reporting agency; and
(b) The certified purpose for which a consumer report on a consumer, or any other information relating to a consumer, is requested by any person.
For purposes of this subsection, "person" does not include an individual who requests the report unless the individual obtains the report or information for his or her own purposes.
[ 1993 c 476 § 8.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.182 - Fair Credit Reporting Act. › 19.182.070 - Disclosures to consumer.

RCW 19.182.070
Disclosures to consumer.
A consumer reporting agency shall, upon request by the consumer, clearly and accurately disclose:
(1) All information in the file on the consumer at the time of request, except that medical information may be withheld. The agency shall inform the consumer of the existence of medical information, and the consumer has the right to have that information disclosed to the health care provider of the consumer's choice. Nothing in this chapter prevents, or authorizes a consumer reporting agency to prevent, the health care provider from disclosing the medical information to the consumer. The agency shall inform the consumer of the right to disclosure of medical information at the time the consumer requests disclosure of his or her file.
(2) All items of information in its files on that consumer, including disclosure of the sources of the information, except that sources of information acquired solely for use in an investigative report may only be disclosed to a plaintiff under appropriate discovery procedures.
(3) Identification of (a) each person who for employment purposes within the two-year period before the request, and (b) each person who for any other purpose within the six-month period before the request, procured a consumer report.
(4) A record identifying all inquiries received by the agency in the six-month period before the request that identified the consumer in connection with a credit transaction that is not initiated by the consumer.
(5) An identification of a person under subsection (3) or (4) of this section must include (a) the name of the person or, if applicable, the trade name under which the person conducts business; and (b) upon request of the consumer, the address of the person.
[ 1993 c 476 § 9.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.182 - Fair Credit Reporting Act. › 19.182.080 - Disclosures to consumer—Procedures.

RCW 19.182.080
Disclosures to consumer—Procedures.
(1) A consumer reporting agency shall make the disclosures required under RCW 19.182.070 during normal business hours and on reasonable notice.
(2) The consumer reporting agency shall make the disclosures required under RCW 19.182.070 to the consumer:
(a) In person if the consumer appears in person and furnishes proper identification;
(b) By telephone if the consumer has made a written request, with proper identification, for telephone disclosure and the toll charge, if any, for the telephone call is prepaid by or charged directly to the consumer; or
(c) By any other reasonable means that are available to the consumer reporting agency if that means is authorized by the consumer.
(3) A consumer reporting agency shall provide trained personnel to explain to the consumer, information furnished to the consumer under RCW 19.182.070.
(4) The consumer reporting agency shall permit the consumer to be accompanied by one other person of the consumer's choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer's file in the other person's presence.
(5) If a credit score is provided by a consumer reporting agency to a consumer, the agency shall provide an explanation of the meaning of the credit score.
(6) Except as provided in RCW 19.182.150, no consumer may bring an action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against a consumer reporting agency or a user of information, based on information disclosed under this section or RCW 19.182.070, except as to false information furnished with malice or willful intent to injure the consumer. Except as provided in RCW 19.182.150, no consumer may bring an action or proceeding against a person who provides information to a consumer reporting agency in the nature of defamation, invasion of privacy, or negligence for unintentional error.
(7)(a) A consumer reporting agency must provide to a consumer, with each written disclosure by the agency to the consumer under RCW 19.182.070, a written summary of all rights and remedies the consumer has under this chapter.
(b) The summary of the rights and remedies of consumers under this chapter must include:
(i) A brief description of this chapter and all rights and remedies of consumers under this chapter;
(ii) An explanation of how the consumer may exercise the rights and remedies of the consumer under this chapter; and
(iii) A list of all state agencies, including the attorney general's office, responsible for enforcing any provision of this chapter and the address and appropriate phone number of each such agency.
[ 1993 c 476 § 10.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.182 - Fair Credit Reporting Act. › 19.182.100 - Consumer reporting agency—Consumer fees and charges for required information—Exceptions.

RCW 19.182.100
Consumer reporting agency—Consumer fees and charges for required information—Exceptions.
(1) Except as provided in subsections (2) and (3) of this section, a consumer reporting agency may charge the following fees to the consumer:
(a) For making a disclosure under RCW 19.182.070 and 19.182.080, the consumer reporting agency may charge a fee not exceeding eight dollars. Beginning January 1, 1995, the eight-dollar charge may be adjusted on January 1st of each year based on corresponding changes in the consumer price index with fractional changes rounded to the nearest half dollar.
(b) For furnishing a notification, statement, or summary to a person under RCW 19.182.090(7), the consumer reporting agency may charge a fee not exceeding the charge that the agency would impose on each designated recipient for a consumer report. The amount of any charge must be disclosed to the consumer before furnishing the information.
(2) A consumer reporting agency shall make all disclosures under RCW 19.182.070 and 19.182.080 and furnish all consumer reports under RCW 19.182.090 without charge, if requested by the consumer within sixty days after receipt by the consumer of a notification of adverse action under RCW 19.182.110 or of a notification from a debt collection agency affiliated with that consumer reporting agency stating that the consumer's credit rating may be or has been adversely affected.
(3) A consumer reporting agency shall not impose any charge for (a) providing notice to a consumer required under RCW 19.182.090, or (b) notifying a person under RCW 19.182.090(7) of the deletion of information that is found to be inaccurate or that can no longer be verified, if the consumer designates that person to the agency before the end of the thirty-day period beginning on the date of notice under RCW 19.182.090(8).
[ 1993 c 476 § 12.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.182 - Fair Credit Reporting Act. › 19.182.110 - Adverse action based on report—Procedure—Notice.

RCW 19.182.110
Adverse action based on report—Procedure—Notice.
If a person takes an adverse action with respect to a consumer that is based, in whole or in part, on information contained in a consumer report, the person shall:
(1) Provide written notice of the adverse action to the consumer, except verbal notice may be given by a person in an adverse action involving a business regulated by the Washington utilities and transportation commission if such verbal notice does not impair a consumer's ability to obtain a credit report without charge under RCW 19.182.100(2); and
(2) Provide the consumer with the name, address, and telephone number of the consumer reporting agency that furnished the report to the person.
[ 2012 c 41 § 4; 1993 c 476 § 13.]
NOTES:
Finding—2012 c 41: See note following RCW 59.18.257.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.182 - Fair Credit Reporting Act. › 19.182.120 - Limitation on action—Exception.

RCW 19.182.120
Limitation on action—Exception.
An action to enforce a liability created under this chapter is permanently barred unless commenced within two years after the cause of action accrues, except that where a defendant has materially and willfully misrepresented information required under this chapter to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this chapter, the action may be brought at any time within two years after discovery by the individual of the misrepresentation.
[ 1993 c 476 § 14.]