Restrictive Trade Practices With Examples In Washington
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Washington State's Unfair Business Practices Act, commonly referred to as the Consumer Protection Act, or “CPA”, provides powerful protections and remedies for consumers who have been harmed by a business's deceptive acts or practices.
Unfair competition, practices, declared unlawful. Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. 1961 c 216 s 2.
For example, in the construction industry, it is a trade practice to use certain specifications for the size, thickness, and quality of building materials. These specifications are commonly accepted and used by all businesses in the industry, ensuring consistency and quality in the final product.
To successfully claim under Washington's CPA, plaintiffs must prove five elements: (1) an unfair or deceptive act or practice, (2) occurring in trade or commerce, (3) affecting the public interest, (4) injury to a person's business or property, and (5) causation.
Restrictive trade practices refer to tying arrangements that require purchasing one product to obtain another. Unfair trade practices involve misleading advertisements or false representations.
2d 531 (1986), the court set forth the five elements of a Consumer Protection Act claim: (1) an unfair or deceptive act or practice; (2) in trade or commerce; (3) public interest; (4) injury to business or property; and (5) causation. The term “unfair or deceptive” is not otherwise defined in the Act. RCW 19.86. 020.
The CPRs contain a general prohibition of unfair commercial practices and, in particular, contain prohibitions of misleading and aggressive commercial practices. They also prohibit 31 specific commercial practices that are listed in chapter 6 on banned practices.
Unfair trade practices refer to businesses using deceptive, fraudulent, or otherwise unethical methods to gain an advantage or turn a profit. Consumer Protection Law, as well as Section 5(a) of the Federal Trade Commission Act, protects consumers from unfair business practices.
