Washington Supreme Court

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Washington Supreme Court upholds extraterritorial application of State Consumer Protection Act

December 11, 2015

The Washington Supreme Court unanimously held that the Washington Consumer Protection Act allows a plaintiff residing outside of Washington to sue a Washington defendant for allegedly deceptive acts.

U.S. Chamber files amicus brief

September 04, 2015

The U.S. Chamber urged the Washington Supreme Court to clarify that the Washington Consumer Protection Act (WCPA) does not apply extraterritorially. In this case, a Texas plaintiff, whose son was involved in an uninsured motorist accident in Texas, filed a class action lawsuit in Washington against an Illinois-incorporated insurance company, alleging that the insurance company violated the WCPA when a Washington-based collection agency sent a collection letter to the Texas plaintiff.

In its brief, the Chamber argued that extraterritorial application of the WCPA could create uncertainty for businesses seeking to conform their conduct to the law, lead to conflicting commands from different states, and place Washington businesses at a disadvantage when competing for customers outside the state or when seeking to partner with other businesses.

Eric D. Miller and Paul Graves of Perkins Coie LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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