Court of Appeals Discusses Lawyer Web Advertising under the Consumer Protection Act
Since Short v. Demopolis, 103 Wn.2d 52, 691 P.2d 163 (1984), the business aspects of law practice have been subject to the Washington Consumer Protection Act. RCW 19.86.020 prohibits “[u]nfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce[.]” RCW 19.86.090, in turn, creates a private right of action for CPA violations and includes both attorney fees and treble damages (to $25,000 beyond actual damages) remedies for a successful claimant. Historically, most CPA claims involving lawyers touched on fee-related issues (see, e.g., Cotton v. Kronenberg, 111 Wn. App. 258, 273-75, 44 P.3d 878 (2002)). Division I of the Court of Appeals, however, recently discussed lawyer web advertising in the CPA context in Rhodes v. Rains, 2016 WL 3080727 (Wn. App. May 31, 2016) (published on July 28, 2016).
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Watch Out for Scams Spoofing or Targeting Attorneys
Recently, the WSBA has received several reports of scams either “spoofing” (pretending to be, or be from attorneys) or targeting attorneys. Some scams use an attorney’s or firm’s identity to extort money from victims, while others are sending ransomware directly to the attorneys. Read more
Court of Appeals Reiterates No CPA Claims for Asserted Malpractice Alone
Attorney Mark Fucile takes a closer look at the state Supreme Court’s stance on legal practice under the Consumer Protection Act. Read more
Is Your Cellphone Subject to Public Records Act Disclosure?
The Washington Supreme Court on Aug. 17, 2015, issued its ruling in Nissen v. Pierce County, which ruled that the personal cellphone of a public employee, if used to conduct public business, is now subject to disclosure under the state’s Public Records Act. Read more
What Your Clients Need to Know About Cyber Responsibility
Americans are increasingly concerned about the privacy of their personal data. For example, an ESET and Harris Interactive survey reveals an uptick in “cyber responsibility,” that can be defined as the ability of individuals to exercise certain levels of protection over their personal data. The survey reveals 4 out of 5 individuals surveyed have adjusted their privacy settings within the last 6 months.
While individuals may exercise cyber responsibility related to their social media accounts, it is more challenging for individuals, acting as consumers, to exercise protection over personal data once it is under the control of a company. Read more
