reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.126 - Wholesale Distributors and Suppliers of Spirits or Malt Beverages. › 19.126.080 - Civil actions—Injunctive relief.

RCW 19.126.080
Civil actions—Injunctive relief.
A person injured by a violation of this chapter, other than a person seeking only a determination of the compensation due to a terminated distributor under RCW 19.126.040(4), may bring a civil action in a court of competent jurisdiction to enjoin further violations. Injunctive relief may be granted in an action brought under this chapter without the injured party being required to post bond if, in the opinion of the court, there exists a likelihood that the injured party will prevail on the merits.
[ 2009 c 155 § 5; 1985 c 440 § 3.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.126 - Wholesale Distributors and Suppliers of Spirits or Malt Beverages. › 19.126.900 - Short title.

RCW 19.126.900
Short title.
This chapter may be known and cited as the wholesale distributor/supplier equity agreement act.
[ 1984 c 169 § 7.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.130 - Telephone Buyers' Protection Act. › 19.130.010 - Legislative findings.

RCW 19.130.010
Legislative findings.
The legislature finds that the federal deregulation of the telephone industry provides telephone users with the opportunity to purchase and use telephone and other telecommunications equipment suited to their needs. The legislature finds that competitive markets function optimally when potential buyers have adequate information about the capabilities and reliability of the equipment offered for sale. The legislature further finds that disclosure of certain product information will benefit both buyers and sellers of telephone and other telecommunications equipment and is in the public interest.
[ 1984 c 275 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.130 - Telephone Buyers' Protection Act. › 19.130.020 - Sales of new or reconditioned telephone equipment—Disclosure of certain information.

RCW 19.130.020
Sales of new or reconditioned telephone equipment—Disclosure of certain information.
Any person offering for sale or selling new or reconditioned telephone handsets or keysets, private branch exchanges, or private automatic branch exchanges of not more than a twenty-station capacity, shall clearly disclose prior to sale by methods which may include posting of notice or printing on the equipment package the following:
(1) Whether the equipment uses pulse, tone, pulse-or-tone, or other signaling methods, and a general description of the services that can be accessed through the equipment;
(2) Whether the equipment is registered with the federal communications commission under the applicable federal regulations;
(3) The person responsible for repair of the equipment;
(4) Standard repair charges, if any; and
(5) The terms of any written warranty offered with the equipment.
[ 1984 c 275 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.130 - Telephone Buyers' Protection Act. › 19.130.030 - Certain advertising media—Application of chapter.

RCW 19.130.030
Certain advertising media—Application of chapter.
Nothing in this chapter applies to a radio station, television station, publisher, printer, or distributor of a newspaper, magazine, billboard, or other advertising medium which accepts advertising in good faith without knowledge of its violation of any provision of this chapter.
[ 1984 c 275 § 3.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.130 - Telephone Buyers' Protection Act. › 19.130.040 - Certain radio equipment—Application of chapter.

RCW 19.130.040
Certain radio equipment—Application of chapter.
This chapter shall not apply to radio equipment used for land, marine, or air mobile service, or any like service, whether or not such equipment is capable of interconnection by manual or automatic means to a telephone line.
[ 1984 c 275 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.130 - Telephone Buyers' Protection Act. › 19.130.050 - Equipment not intended for connection to telephone network and used equipment located on customer's premises—Application of chapter.

RCW 19.130.050
Equipment not intended for connection to telephone network and used equipment located on customer's premises—Application of chapter.
This chapter shall not apply to equipment not intended for connection to the telephone network, nor to used equipment located on the customer's premises.
[ 1984 c 275 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.130 - Telephone Buyers' Protection Act. › 19.130.060 - Violations—Application of consumer protection act.

RCW 19.130.060
Violations—Application of consumer protection act.
Violation of this chapter constitutes a violation of chapter 19.86 RCW, the consumer protection act. It shall be presumed that damages to the consumer are equal to the purchase price of any telephone equipment sold in violation of this chapter up to one hundred dollars. Additional damages must be proved.
[ 1984 c 275 § 7.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.130 - Telephone Buyers' Protection Act. › 19.130.900 - Chapter cumulative.

RCW 19.130.900
Chapter cumulative.
The rights, obligations, and remedies under this chapter are in addition to any rights, obligations, or remedies under federal statutes or regulations or other state statutes or rules.
[ 1984 c 275 § 6.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.134 - Credit Services Organizations Act. › 19.134.030 - Surety bond and trust account—Exception to requirement.

RCW 19.134.030
Surety bond and trust account—Exception to requirement.
If a credit services organization is in compliance with *RCW 19.134.020(1), the salesperson, agent, or representative who sells the services of that organization is not required to obtain a surety bond and establish a trust account.
[ 1986 c 218 § 4.]
NOTES:
*Reviser's note: RCW 19.134.020 was amended by 2023 c 144 § 2, changing subsection (1) to subsection (1)(a).
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.134 - Credit Services Organizations Act. › 19.134.040 - Information statement—Prerequisite to contract or payment—File maintained.

RCW 19.134.040
Information statement—Prerequisite to contract or payment—File maintained.
Before the execution of a contract or agreement between the consumer and a credit services organization or before the receipt by the credit services organization of any money or other valuable consideration, whichever occurs first, the credit services organization shall provide the consumer with a statement in writing, containing all the information required by RCW 19.134.050. The credit services organization shall maintain on file for a period of four years following the completion or termination of the credit services organization agreement with the consumer an exact copy of the statement.
[ 2023 c 144 § 5; 1986 c 218 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.134 - Credit Services Organizations Act. › 19.134.070 - Waiver of rights—Violations—Enforcement—Unfair business practice.

RCW 19.134.070
Waiver of rights—Violations—Enforcement—Unfair business practice.
(1) Any waiver by a consumer of any part of this chapter is void. Any attempt by a credit services organization to have a consumer waive rights given by this chapter is a violation of this chapter.
(2) In any proceeding involving this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming it.
(3) Any person who violates this chapter is guilty of a gross misdemeanor. Any district court of this state has jurisdiction in equity to restrain and enjoin the violation of this chapter.
(4) This section does not prohibit the enforcement by any person of any right provided by this or any other law.
(5) A violation of this chapter by a credit services organization is an unfair business practice as provided in chapter 19.86 RCW.
[ 2023 c 144 § 8; 1986 c 218 § 8.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.134 - Credit Services Organizations Act. › 19.134.080 - Damages—Attorneys' fees.

RCW 19.134.080
Damages—Attorneys' fees.
(1) Any person injured by a violation of this chapter may bring any action for recovery of damages. Judgment shall be entered for actual damages, plus reasonable attorneys' fees and costs. In the case of an action by a consumer, damages shall be awarded in an amount not less than the amount paid by the consumer to the credit services organization. An award may also be entered for punitive damages.
(2) The remedies provided under this chapter are in addition to any other procedures or remedies for any violation or conduct provided for in any other law.
[ 2023 c 144 § 9; 1986 c 218 § 9.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.134 - Credit Services Organizations Act. › 19.134.090 - Required communication—Exceptions.

RCW 19.134.090
Required communication—Exceptions.
(1) Unless otherwise required by law, a consumer reporting agency, creditor, or collection agency that knows a consumer is represented by a credit services organization and also has knowledge of, or can readily ascertain, the credit services organization's name and address shall communicate with the credit services organization unless either of the following circumstances apply:
(a) The credit services organization fails to respond within 30 days to a communication from a consumer reporting agency, creditor, or collection agency; or
(b) The consumer expressly directs the consumer reporting agency, creditor, or collection agency not to communicate with the credit services organization.
(2) Notwithstanding subsection (1) of this section, a consumer reporting agency, creditor, or collection agency shall not be required to communicate with a credit services organization concerning an account that is subject to a dispute if any of the following apply:
(a) The account subject to the dispute has been paid, settled, or otherwise resolved and has been reported as paid, settled, or otherwise resolved on the consumer's credit report;
(b) The account subject to the dispute has been removed from the consumer's credit report;
(c) The debt collector has provided to the credit services organization or to the consumer the verification information or documentation described in 15 U.S.C. Sec. 1692(g)(b) regarding the account subject to dispute;
(d) The debt collector is a debt buyer as defined in RCW 19.16.100 and has provided to the credit services organization or to the consumer the information or documentation described in RCW 19.16.260(2) (a) and (b) regarding the account subject to the dispute;
(e) The consumer reporting agency, creditor, or collection agency reasonably determines that the dispute is frivolous or irrelevant pursuant to 15 U.S.C. Secs. 1681(i)(3) or 1681s-2(a)(1)(f).
[ 2023 c 144 § 3.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.134 - Credit Services Organizations Act. › 19.134.100 - Redaction of personal information in written communication.

RCW 19.134.100
Redaction of personal information in written communication.
To protect against fraud and identity theft, when a credit services organization sends a written communication by facsimile, electronic mail, United States mail, overnight courier, or other means that contains personal information of a consumer, the credit services organization shall redact the personal information to include only the last four digits of the social security number, taxpayer identification number, or state identification number, the last four digits of the financial account number, credit card number, or debit card number, or the month and year of the consumer's date of birth, unless the inclusion of the full number or date is otherwise required by law, or is legally permissible and required to achieve the desired objective. Redacting information pursuant to this section shall not be considered a violation of RCW 19.134.020(1)(h).
[ 2023 c 144 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.010 - Legislative finding and declaration.

RCW 19.138.010
Legislative finding and declaration.
The legislature finds and declares that advertising, sales, and business practices of certain sellers of travel have worked financial hardship upon the people of this state; that the travel business has a significant impact upon the economy and well-being of this state and its people; that problems have arisen regarding certain sales of travel; and that the public welfare requires registration of sellers of travel in order to eliminate unfair advertising, sales and business practices. The legislature further finds it necessary to establish standards that will safeguard the people against financial hardship and to encourage fair dealing and prosperity in the travel business.
[ 1994 c 237 § 1; 1986 c 283 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.030 - Advertising—Restrictions—Records.

RCW 19.138.030
Advertising—Restrictions—Records.
A seller of travel shall not advertise that any travel services are or may be available unless he or she has, prior to the advertisement, determined that the product advertised was available at the time the advertising was placed. This determination can be made by the seller of travel either by use of an airline computer reservation system, or by written confirmation from the vendor whose program is being advertised.
It is the responsibility of the seller of travel to keep written or printed documentation of the steps taken to verify that the advertised offer was available at the time the advertising was placed. These records are to be maintained for at least one year after the placement of the advertisement.
[ 1999 c 238 § 1; 1996 c 180 § 2; 1994 c 237 § 10; 1986 c 283 § 3.]
NOTES:
Severability—1999 c 238: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1999 c 238 § 8.]
Effective date—1996 c 180: See note following RCW 19.138.021.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.040 - Written statement by seller of travel—Contents.

RCW 19.138.040
Written statement by seller of travel—Contents.
At or prior to the time of full or partial payment for any travel services, the seller of travel shall furnish to the person making the payment a written statement conspicuously setting forth the information contained in subsections (1) through (6) of this section. However, if payment is made other than in person, the seller of travel shall transmit to the person making the payment the written statement required by this section within three business days of receipt or processing of the payment. The written statement shall contain the following information:
(1) The name and business address and telephone number of the seller of travel.
(2) The amount paid, the date of such payment, the purpose of the payment made, and an itemized statement of the balance due, if any.
(3) The registration number of the seller of travel required by this chapter.
(4) The name of the vendor with whom the seller of travel has contracted to provide travel arrangements for a consumer and all pertinent information relating to the travel as known by the seller of travel at the time of booking. The seller of travel will make known further details as soon as received from the vendor. All information will be provided with final documentation.
(5) An advisory regarding the penalties that would be charged in the event of a cancellation or change by the customer. This may contain either: (a) The specific amount of cancellation and change penalties; or (b) the following statement: "Cancellation and change penalties apply to these arrangements. Details will be provided upon request."
(6) A statement in eight-point boldface type in substantially the following form:
"If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date."
[ 1999 c 238 § 2; 1996 c 180 § 3; 1994 c 237 § 11; 1986 c 283 § 4.]
NOTES:
Severability—1999 c 238: See note following RCW 19.138.030.
Effective date—1996 c 180: See note following RCW 19.138.021.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.050 - Cancellation—Refund—Material misrepresentation—Exception.

RCW 19.138.050
Cancellation—Refund—Material misrepresentation—Exception.
(1) If the transportation or other services contracted for are canceled, or if the money is to be refunded for any reason, the seller of travel shall refund to the person with whom it contracts for travel services, the money due the person within thirty days of receiving the funds from the vendor with whom the services were arranged. If the funds were not sent to the vendor and remain in the possession of the seller of travel, the funds shall be refunded within fourteen days.
(2) Any material misrepresentation with regard to the transportation and other services offered shall be deemed to be a cancellation necessitating the refund required by this section.
(3) When travel services are paid to a vendor and charged to a consumer's credit card by the seller of travel, and the arrangements are subsequently canceled by the consumer, the vendor, or the seller of travel, any refunds to the consumer's credit card must be applied for within ten days from the date of cancellation.
(4) The seller of travel shall not be obligated to refund any cancellation penalties imposed by the vendor with whom the services were arranged if these penalties were disclosed in the statement required under RCW 19.138.040.
[ 1994 c 237 § 12; 1986 c 283 § 5.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.090 - Application of chapter to public charter operators.

RCW 19.138.090
Application of chapter to public charter operators.
This chapter does not apply to the sale of public transportation by a public charter operator who is complying with regulations of the United States department of transportation.
[ 1986 c 283 § 9.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.100 - Registration—Number posting, use—Duplicates—Fee—Assignment, transfer—New owner—Exemption.

RCW 19.138.100
Registration—Number posting, use—Duplicates—Fee—Assignment, transfer—New owner—Exemption.
No person, firm, or corporation may act or hold itself out as a seller of travel unless, prior to engaging in the business of selling or advertising to sell travel services or travel-related benefits, the person, firm, or corporation registers with the director under this chapter and rules adopted under this chapter.
(1) The registration number must be conspicuously posted in the place of business and must be included in all advertisements. Sellers of travel are not required to include registration numbers on institutional advertising. For the purposes of this subsection, "institutional advertising" is advertising that does not include prices or dates for travel services.
(2) The director shall issue duplicate registrations upon payment of a duplicate registration fee to valid registration holders operating more than one office. The duplicate registration fee for each office shall be an amount equal to the original registration fee.
(3) No registration is assignable or transferable.
(4) If a registered seller of travel sells his or her business, when the new owner becomes responsible for the business, the new owner must comply with all provisions of this chapter, including registration.
(5) If a seller of travel is employed by or under contract as an independent contractor or an outside agent of a seller of travel who is registered under this chapter, the employee, independent contractor, or outside agent need not also be registered if:
(a) The employee, independent contractor, or outside agent is conducting business as a seller of travel in the name of and under the registration of the registered seller of travel; and
(b) All money received for travel services by the employee, independent contractor, or outside agent is collected in the name of the registered seller of travel and processed by the registered seller of travel as required under this chapter.
[ 2001 c 44 § 4; 1999 c 238 § 3; 1996 c 180 § 4; 1994 c 237 § 3.]
NOTES:
Severability—1999 c 238: See note following RCW 19.138.030.
Effective date—1996 c 180: See note following RCW 19.138.021.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.110 - Registration—Application—Form—Rules—Report.

RCW 19.138.110
Registration—Application—Form—Rules—Report.
An application for registration as a seller of travel shall be submitted in the form prescribed by rule by the director, and shall contain but not be limited to the following:
(1) The name, address, and telephone number of the seller of travel;
(2) Proof that the seller of travel holds a valid business license in the state of its principal state of business;
(3) A registration fee in an amount determined under RCW 43.24.086;
(4) The names, business addresses, and business phone numbers of all employees, independent contractors, or outside agents who sell travel and are covered by the seller of travel's registration. This subsection shall not apply to the out-of-state employees of a corporation that issues a class of equity securities registered under section 12 of the securities exchange act of 1934, and any subsidiary, the majority of voting stock of which is owned by the corporation;
(5) A report prepared and signed by a bank officer, licensed public accountant, or certified public accountant or other report, approved by the director, that verifies that the seller of travel maintains a trust account at a federally insured financial institution located in Washington state, or other approved account, the location and number of that trust account or other approved account, and verifying that the account exists as required by RCW 19.138.140. The director, by rule, may permit alternatives to the report that provides for at least the same level of verification.
[ 1996 c 180 § 5; 1994 c 237 § 4.]
NOTES:
Effective date—1996 c 180: See note following RCW 19.138.021.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.120 - Registration—Renewal—Refusal—Notice—Hearing.

RCW 19.138.120
Registration—Renewal—Refusal—Notice—Hearing.
(1) Each seller of travel shall renew its registration on or before July 1st of every year or as otherwise determined by the director.
(2) Renewal of a registration is subject to the same provisions covering disciplinary action as a registration originally issued.
(3) The director may refuse to renew a registration for any of the grounds set out under RCW 19.138.130 and 18.235.130, and where the past conduct of the applicant affords reasonable grounds for belief that the applicant will not carry out the applicant's duties in accordance with law and with integrity and honesty. The director shall promptly notify the applicant in writing by certified mail of its intent to refuse to renew the registration. The registrant may request a hearing on the refusal as provided in RCW 18.235.050. The director may permit the registrant to honor commitments already made to its customers, but no new commitments may be incurred, unless the director is satisfied that all new commitments are completely bonded or secured to ensure that the general public is protected from loss of money paid to the registrant.
[ 2002 c 86 § 277; 1999 c 238 § 4; 1994 c 237 § 5.]
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.
Severability—1999 c 238: See note following RCW 19.138.030.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.130 - Unprofessional conduct—Grounds—Registration—Revocation and reinstatement—Support order, noncompliance.

RCW 19.138.130
Unprofessional conduct—Grounds—Registration—Revocation and reinstatement—Support order, noncompliance.
(1) In addition to the unprofessional conduct described in RCW 18.235.130, the director may take disciplinary action based on the following conduct, acts, or conditions if the applicant or registrant:
(a) Was previously the holder of a registration issued under this chapter, and the registration was revoked for cause and never reissued by the director, or the registration was suspended for cause and the terms of the suspension have not been fulfilled;
(b) Suffers a judgment in a civil action involving willful fraud, misrepresentation, or conversion;
(c) Has violated this chapter or failed to comply with a rule adopted by the director under this chapter; or
(d) Has failed to display the registration as provided in this chapter.
(2) If the seller of travel is found in violation of this chapter or in violation of the consumer protection act, chapter 19.86 RCW, by the entry of a judgment or by settlement of a claim, the director may revoke the registration of the seller of travel, and the director may reinstate the registration at the director's discretion.
(3) The director shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 2002 c 86 § 278; 1999 c 238 § 5; 1997 c 58 § 852; 1996 c 180 § 6; 1994 c 237 § 6.]
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.
Severability—1999 c 238: See note following RCW 19.138.030.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.
Effective date—1996 c 180: See note following RCW 19.138.021.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.150 - Standard of duties, care.

RCW 19.138.150
Standard of duties, care.
A seller of travel shall perform its duties reasonably and with ordinary care in providing travel services.
[ 1994 c 237 § 9.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.160 - Nonresident seller of travel—Director as attorney if none appointed—Service of process—Notice.

RCW 19.138.160
Nonresident seller of travel—Director as attorney if none appointed—Service of process—Notice.
(1) A nonresident seller of travel soliciting business or selling travel in the state of Washington, by mail, telephone, or otherwise, either directly or indirectly, is deemed, absent any other appointment, to have appointed the director to be the seller of travel's true and lawful attorney upon whom may be served any legal process against that nonresident arising or growing out of a transaction involving travel services or the sale of travel-related benefits. That solicitation signifies the nonresident's agreement that process against the nonresident that is served as provided in this chapter is of the same legal force and validity as if served personally on the nonresident seller of travel.
(2) Service of process upon a nonresident seller of travel shall be made by leaving a copy of the process with the director. The fee for the service of process shall be determined by the director by rule. That service is sufficient service upon the nonresident if the plaintiff or plaintiff's attorney of record sends notice of the service and a copy of the process by certified mail before service or immediately after service to the defendant at the address given by the nonresident in a solicitation furnished by the nonresident, and the sender's post office receipt of sending and the plaintiff's or plaintiff's attorney's affidavit of compliance with this section are returned with the process in accordance with Washington superior court civil rules. Notwithstanding the foregoing requirements, however, once service has been made on the director as provided in this section, in the event of failure to comply with the requirement of notice to the nonresident, the court may order that notice be given that will be sufficient to apprise the nonresident.
[ 2001 c 44 § 5; 1994 c 237 § 14.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.170 - Director—Powers and duties.

RCW 19.138.170
Director—Powers and duties.
The director has the following powers and duties:
(1) To adopt, amend, and repeal rules to carry out the purposes of this chapter;
(2) To establish fees;
(3) Upon receipt of a complaint, to inspect and audit the books and records of a seller of travel. The seller of travel shall immediately make available to the director those books and records as may be requested at the seller of travel's place of business or at a location designated by the director. For that purpose, the director shall have full and free access to the office and places of business of the seller of travel during regular business hours. When ten or more complaints have been received by either the department or the attorney general on a seller of travel within a period of ninety days, the department shall inspect and audit books and records of the seller of travel; and
(4) To do all things necessary to carry out the functions, powers, and duties set forth in this chapter.
[ 2002 c 86 § 279; 1999 c 238 § 7; 1994 c 237 § 13.]
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.
Severability—1999 c 238: See note following RCW 19.138.030.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.1701 - Reimbursement of appropriated funds—Fees.

RCW 19.138.1701
Reimbursement of appropriated funds—Fees.
Any state funds appropriated to the department of licensing for implementation of chapter 237, Laws of 1994 for the biennium ending June 30, 1995, shall be reimbursed by June 30, 1997, by an assessment of fees sufficient to cover all costs of implementing chapter 237, Laws of 1994.
[ 1994 c 237 § 30.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.180 - Director—Investigations—Publication of violation.

RCW 19.138.180
Director—Investigations—Publication of violation.
The director, in the director's discretion, may:
(1) Annually, or more frequently, make public or private investigations within or without this state as the director deems necessary to determine whether a registration should be subject to disciplinary action, or whether a person has violated or is about to violate this chapter or a 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 of this chapter;
(2) Publish information concerning a violation of this chapter or a rule adopted or order issued under this chapter; and
(3) Investigate complaints concerning practices by sellers of travel for which registration is required by this chapter.
[ 2002 c 86 § 280; 1994 c 237 § 15.]
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 19.138 - Sellers of Travel. › 19.138.200 - Director or individuals acting on director's behalf—Immunity.

RCW 19.138.200
Director or individuals acting on director's behalf—Immunity.
The director or individuals acting on the director's behalf are immune from suit in any action, civil or criminal, based on acts performed in the course of their duties in the administration and enforcement of this chapter.
[ 2002 c 86 § 281; 1994 c 237 § 20.]
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 19.138 - Sellers of Travel. › 19.138.240 - Violations—Civil penalties—Failure to pay.

RCW 19.138.240
Violations—Civil penalties—Failure to pay.
(1) A civil penalty shall be imposed by the court for each violation of this chapter in an amount not less than five hundred dollars nor more than two thousand dollars per violation.
(2) If a person fails to pay an assessment after it has become a final and unappealable order, or after the court has entered final judgment in favor of the state, the director may recover the amount assessed by action in the appropriate superior court. In the action, the validity and appropriateness of the final order imposing the penalty shall not be subject to review.
[ 2002 c 86 § 282; 1994 c 237 § 21.]
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 19.138 - Sellers of Travel. › 19.138.250 - Violation—Restitution assessed by director.

RCW 19.138.250
Violation—Restitution assessed by director.
The director may assess against a person or organization that violates this chapter, or a rule adopted under this chapter, the full amount of restitution as may be necessary to restore to a person an interest in money or property, real or personal, that may have been acquired by means of an act prohibited by or in violation of this chapter.
[ 1994 c 237 § 22.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.260 - Registration prerequisite to suit.

RCW 19.138.260
Registration prerequisite to suit.
In order to maintain or defend a lawsuit, a seller of travel must be registered with the department as required by this chapter and rules adopted under this chapter.
[ 1994 c 237 § 23.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.270 - Violations—Giving false information—Criminal penalties.

RCW 19.138.270
Violations—Giving false information—Criminal penalties.
(1) Each person who knowingly violates this chapter or who knowingly gives false or incorrect information to the director, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or not the statement or report is verified, is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) A person who violates this chapter or who gives false or incorrect information to the director, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or not the statement or report is verified, is guilty of a misdemeanor punishable under chapter 9A.20 RCW.
[ 1994 c 237 § 24.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.280 - Action for damages—Costs, attorneys' fees—No limitation of consumer protection act.

RCW 19.138.280
Action for damages—Costs, attorneys' fees—No limitation of consumer protection act.
In addition to any other penalties or remedies under chapter 19.86 RCW, a person who is injured by a violation of this chapter may bring an action for recovery of actual damages, including court costs and attorneys' fees. No provision in this chapter shall be construed to limit any right or remedy provided under chapter 19.86 RCW.
[ 1994 c 237 § 28.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.290 - Violations—Application of consumer protection act.

RCW 19.138.290
Violations—Application of consumer protection act.
The legislature finds that the practices governed by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Any violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair and deceptive act or practice and unfair method of competition in the conduct of trade or commerce in violation of RCW 19.86.020. Remedies provided by chapter 19.86 RCW are cumulative and not exclusive.
[ 1994 c 237 § 27.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.310 - Filing public records—Making information public for public interest.

RCW 19.138.310
Filing public records—Making information public for public interest.
All information, documents, and reports filed with the director under this chapter are matters of public record and shall be open to public inspection, subject to reasonable regulation. The director may make public, on a periodic or other basis, the information as may be necessary or appropriate in the public interest concerning the registration, reports, and information filed with the director or any other matters to the administration and enforcement of this chapter.
[ 1994 c 237 § 26.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.330 - Uniform regulation of business and professions act.

RCW 19.138.330
Uniform regulation of business and professions act.
The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter.
[ 2002 c 86 § 283.]
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 19.138 - Sellers of Travel. › 19.138.340 - Restrictions regarding promoting prostitution, commercial sexual abuse of a minor, or other commercial sex acts.

RCW 19.138.340
Restrictions regarding promoting prostitution, commercial sexual abuse of a minor, or other commercial sex acts.
(1) No seller of travel shall engage in any of the following:
(a) Promoting travel for prostitution or promoting travel for commercial sexual abuse of a minor;
(b) Selling, advertising, or otherwise offering to sell travel services or facilitate travel:
(i) For the purposes of engaging in a commercial sex act;
(ii) That consists of tourism packages or activities using and offering sexual acts as an enticement for tourism; or
(iii) That provides, purports to provide access to, or facilitates the availability of sex escorts or sexual services.
(2) For the purposes of this section:
(a) "Commercial sex act" means any sexual contact, as defined in chapter 9A.44 RCW, for which anything of value is given to or received by any person.
(b) "Sexual act" means any sexual contact as defined in chapter 9A.44 RCW.
[ 2007 c 368 § 6; 2006 c 250 § 3.]
NOTES:
Finding—2006 c 250: See note following RCW 9A.88.085.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.901 - Effective date—1986 c 283.

RCW 19.138.901
Effective date—1986 c 283.
This act shall take effect January 1, 1987.
[ 1986 c 283 § 12.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.903 - Effective date—1994 c 237.

RCW 19.138.903
Effective date—1994 c 237.
Sections 1 through 29 of this act shall take effect January 1, 1996.
[ 1994 c 237 § 33.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.138 - Sellers of Travel. › 19.138.904 - Implementation—1994 c 237.

RCW 19.138.904
Implementation—1994 c 237.
The director of licensing, beginning July 1, 1995, may take such steps as are necessary to ensure that this act is implemented on its *effective date[s].
[ 1994 c 237 § 35.]
NOTES:
*Reviser's note: 1994 c 237 has different effective dates. The effective date for sections 1 through 29 is January 1, 1996, and the effective date for the remainder of the act is June 9, 1994.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.142 - Health Studio Services. › 19.142.005 - Findings and declaration.

RCW 19.142.005
Findings and declaration.
The legislature finds that there exist in connection with a substantial number of contracts for health studio services certain practices and business methods which have worked undue financial hardship upon some of the citizens of the state and that existing legal remedies are inadequate to correct existing problems in the industry. The legislature declares that it is a matter of public interest that the citizens of our state be assured reasonable protection when contracting for health studio services.
[ 1987 c 317 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.142 - Health Studio Services. › 19.142.020 - Membership plans—Special offers—Misrepresentations prohibited.

RCW 19.142.020
Membership plans—Special offers—Misrepresentations prohibited.
(1) Each health studio shall prepare and provide to each prospective buyer a written comprehensive list of all membership plans of health studio services offered for sale by the health studio. The list shall contain a description and the respective price of each membership plan of health studio services offered.
(2) A health studio is prohibited from selling a membership plan of health studio services not included in the list.
(3) A health studio is prohibited from making a special offer or offering a discount unless such special offer or discount is made in writing and available to all prospective members: PROVIDED, That a special offer or discount offered to groups need not be available to all similarly-situated prospective members.
(4) A health studio is prohibited from making any misrepresentation to any prospective buyer or current member regarding qualifications of staff, availability or quality of facilities or services, or results obtained through exercise, body building, figure development, or weight loss programs, or the present or maximum number of customers who may contract to use the facilities or services.
[ 1987 c 317 § 3.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.142 - Health Studio Services. › 19.142.030 - Written contract required.

RCW 19.142.030
Written contract required.
A contract for the sale of health studio services shall be in writing. A copy of the contract, as well as the rules of the health studio if not stated in the contract, shall be given to the buyer when the buyer signs the contract.
[ 1987 c 317 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.142 - Health Studio Services. › 19.142.050 - Notice of cancellation—Refund.

RCW 19.142.050
Notice of cancellation—Refund.
After receipt of a written notice of cancellation, the health studio shall provide a refund to the buyer within thirty days. The health studio may require the buyer to return any membership card or other materials which evidence membership in the health studio. The buyer is entitled to a refund and relief from future obligations for payments of initiation or membership fees and use fees or dues as follows:
(1) The buyer is entitled to a refund of the unused portion of any prepaid use fees or dues and relief from future obligations to pay use fees or dues concerning use after the date of cancellation.
(2)(a) Subject to (b) of this subsection, if a contract includes a one-time only initiation or membership fee and the buyer cancels pursuant to RCW 19.142.040(7)(a), the buyer is entitled to a pro rata refund of the fee less a predetermined amount not to exceed one-half of the initial initiation or membership fee if the contract clearly states what percentage of the fee is nonrefundable or refundable.
(b) If a contract includes a one-time only initiation or membership fee and the buyer cancels pursuant to RCW 19.142.040(7)(a) three years or more after the signing of the contract requiring payment of such fee, such fee is nonrefundable.
(3) If a contract includes an initiation or membership fee and the buyer cancels pursuant to RCW 19.142.040(7) (b) or (c), the buyer is entitled to a pro rata refund of the fee less a predetermined amount not to exceed one-half of the initial initiation or membership fee unless the following clause is contained in the contract and signed separately by the buyer. The clause shall be placed under a conspicuous caption in capital letters and boldface type stating the following:
NONREFUNDABLE AMOUNT
I UNDERSTAND THAT I HAVE PAID OR AM OBLIGATED TO PAY  . . . . . . AS AN INITIATION OR MEMBERSHIP FEE, AND THAT UNDER NO CIRCUMSTANCES IS ANY PORTION OF THIS AMOUNT REFUNDABLE.
. . . .
(Buyer's Signature)
(4) If a contract includes a one-time only initiation or membership fee and the buyer cancels pursuant to RCW 19.142.040(7)(d), the buyer is entitled to a pro rata refund of the fee.
(5) If a contract includes a one-time only initiation or membership fee and the buyer cancels pursuant to RCW 19.142.040(7) (e) or (f), the buyer is entitled to a full refund of the fee.
If a buyer is entitled to a pro rata refund under this section, the amount shall be computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. If no term is stated in the contract, a term of thirty-six months shall be used.
[ 1990 c 55 § 3; 1987 c 317 § 6.]