Washington Supreme Court

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Case Updates

Outcome - Washington Supreme Court opposes class certification

January 21, 2010

Petition for review granted

May 01, 2008

U.S. Chamber files amicus brief addressing class certification under Washington’s Consumer Protection Act

September 17, 2007

NCLC urged the Washington Supreme Court to grant review of, and reverse, the intermediate appellate court’s erroneous decision to certify a class under Washington’s Consumer Protection Act (“CPA”). The lower court incorrectly held that plaintiffs were not required to prove that each class member relied on the defendant’s alleged misstatements about the Universal Connectivity Charge listed on subscribers’ monthly statements. The lower court also affirmed an erroneous decision by the trial court that applied Washington’s CPA to the deceptive advertising claims of subscribers, nationwide, even though the vast majority of subscribers received the allegedly deceptive representations in their home states and had virtually no contacts with Washington.

Case Documents