Washington Consumer Protection Laws: Lemon Law, Refunds, Repairs and Scams

Washington's Motor Vehicle Warranties Act covers new self-propelled vehicles, including motorcycles, originally bought or leased at retail from a Washington dealer or leasing company (fleet purchases are excluded; motor homes have special rules). The eligibility period is two years from delivery or the first 24,000 miles, whichever comes first. If the manufacturer cannot fix a defect, serious safety defect or condition that substantially impairs use, value or safety after a reasonable number of attempts, it must, at the consumer's option, replace or repurchase the vehicle within 40 calendar days of the consumer's written request; a repurchase refunds the purchase price, collateral charges and incidental costs, minus a use offset. A reasonable number of attempts is presumed within the eligibility period if: the same serious safety defect was diagnosed or repaired two or more times; the same nonconformity four or more times; the vehicle was out of service 30 calendar days (at least 15 during the warranty); or two or more different serious safety defects were each subject to repair within 12 months (with at least one attempt for each during the warranty). Disputes can go to a state new motor vehicle arbitration board through the Attorney General; the consumer may accept or reject the decision and appeal to superior court.

For retail installment (credit) transactions solicited in person or by commercial telephone solicitation at a place other than the seller's address, the buyer may cancel by sending notice by certified mail, return receipt requested, postmarked no later than midnight of the third day (excluding Sundays and holidays) after signing, and returning or making available any goods received. The seller must refund deposits and down payments and return trade-ins within 10 days. This does not apply to motor vehicle purchases; a dealer selling a vehicle away from its address must disclose in writing that there is no right to cancel.

Washington's Consumer Protection Act declares unfair methods of competition and unfair or deceptive acts or practices in trade or commerce unlawful. A person injured in their business or property by a violation may sue to stop further violations and recover actual damages plus costs and a reasonable attorney's fee. The court may increase damages up to three times actual damages, but the increased award for unfair or deceptive practices may not exceed $25,000.

Under Washington's Automotive Repair Act, before providing parts or labor a repair facility must give a written price estimate of the total cost, or offer the customer a signed choice: a written estimate with a call if the price will exceed it by more than 10%; proceed but call if the price will exceed a set amount; or no written estimate. The shop may not charge more than 110% of the written estimate (excluding sales tax) unless the customer authorizes the extra cost orally or in writing, which must be documented. Replaced parts must be returned if the customer asked for them when authorizing the work (except warranty or core parts). Unlawful practices include false advertising, materially misstating estimates, charging for parts or labor not provided, and charging for unnecessary repairs.

It is unlawful to issue, or enforce, a gift certificate or gift card that has an expiration date, any fee (including service fees) or a dormancy or inactivity charge. A gift certificate is valid until redeemed or replaced. If a purchase uses less than the full value, the remaining value must be given back in cash or as a gift certificate, and if the remaining balance is under $5 it must be redeemed in cash on request. Expiration dates are allowed only for certificates issued through awards or loyalty programs or donated to charities for charitable use, and must be clearly disclosed.

Credit services (credit repair) organizations may not charge or receive payment before fully performing the agreed services unless they have a $10,000 surety bond and an in-state trust account. Contracts must tell the consumer they may cancel before midnight of the fifth day after the transaction, with a notice of cancellation form. Debt adjusters may charge a reasonable fee by contract, but the total fee may not exceed 15% of the total debt listed, no more than 15% of any single payment may be kept, and the initial charge is limited to $25 (counted toward the total).

Every contractor must register with the Washington Department of Labor and Industries; advertising, bidding or working as a contractor without a valid registration is a gross misdemeanor. For residential projects (four or fewer units) with a bid or contract price of $1,000 or more, the contractor must give the customer a written disclosure statement before starting work, showing the registration number and bond and warning that the bond may not cover all claims; providing it is also a prerequisite to the contractor's lien rights.

A person or business that conducts business in Washington and owns or licenses personal information must notify affected Washington residents when unsecured personal information was, or is reasonably believed to have been, acquired by an unauthorized person, unless the breach is not reasonably likely to subject consumers to a risk of harm. Notice must be given in the most expedient time possible, without unreasonable delay, and no more than 30 calendar days after the breach is discovered (unless law enforcement requests a delay). If more than 500 Washington residents must be notified, the Attorney General must also be notified within 30 days after discovery.

Consumers can file a complaint online with the Attorney General's Consumer Protection Division or mail a paper form to the Consumer Resource Center, 800 Fifth Avenue, Suite 2000, Seattle, WA 98104. The Consumer Resource Center offers informal complaint resolution: it notifies the business of the written complaint and helps the two sides communicate to resolve it. A separate Lemon Law Program handles new-vehicle complaints. Phone: 1-800-551-4636 (Washington only) or 206-464-6684, weekdays 10 a.m. to 3 p.m.

1) Report the problem to the manufacturer, its agent or the selling dealer during the eligibility period (two years or 24,000 miles from original delivery, whichever comes first) or the manufacturer's warranty period, whichever is shorter. Keep the itemized repair orders the dealer must provide. 2) Written request: after a reasonable number of repair attempts, the consumer sends a written request for repurchase or replacement to the manufacturer's corporate, dispute resolution, zone or regional office; the manufacturer has 40 calendar days to replace or repurchase the vehicle. (Motor home owners have a separate notice and final-repair-attempt requirement.) 3) Arbitration (required before suing): the consumer must use either the state's new motor vehicle arbitration board or, if offered, the manufacturer's qualifying informal dispute program before filing in superior court. To use the state program, the consumer submits a request for arbitration to the Attorney General, which reviews it within 10 days and assigns accepted disputes to an independent arbitration board. The hearing is held within 45 days of assignment and the decision is due within 60 days. Manufacturers must take part if the request is made within 30 months after original delivery. The statute charges no fee at filing; instead, a $3 arbitration fee is collected from buyers when a new vehicle is sold or leased. 4) After the decision: the consumer has 60 days to accept or reject it. A consumer who rejects it may appeal to superior court for a new trial within 120 calendar days of the rejection.