Washington Code 70A.390.050 – Violations — Penalties — Injunctions — Jurisdiction and venue — Fees and costs
Current as of: 2023 | Check for updates
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(1) A violation of or failure to comply with the provisions of RCW 70A.390.030 or 70A.390.040 is a gross misdemeanor.
Attorney's Note
Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| gross misdemeanor | up to 364 days | up to $5,000 |
Terms Used In Washington Code 70A.390.050
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Venue: The geographical location in which a case is tried.
(2) Any person or entity that violates or fails to comply with the provisions of RCW 70A.390.030 or 70A.390.040 is subject to a civil penalty of one thousand dollars for each violation or failure to comply.
(3) Each day upon which a violation occurs constitutes a separate violation for the purposes of subsections (1) and (2) of this section.
(4) Any person or entity violating this chapter may be enjoined from continuing the violation. The attorney general or any person residing in the state of Washington may bring an action to enjoin violations of this chapter, on his or her own behalf and on the behalf of all persons similarly situated. Such action may be maintained in the person’s own name or in the name of the state of Washington. No bond may be required as a condition to obtaining any injunctive relief. The superior courts have jurisdiction over actions brought under this section, and venue shall lie in the county of the plaintiff‘s residence, in the county in which the violation is alleged to occur, or in Thurston county. In addition to other relief, the court in its discretion may award attorney’s and expert witness fees and costs of the suit to a party who demonstrates that a violation of this chapter has occurred.
[ 2020 c 20 § 1270; 1981 c 1 § 5 (Initiative Measure No. 383, approved November 4, 1980). Formerly RCW 70.99.050.]