Washington Code 31.45.105 – Violations of chapter — Enforceability of transaction
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(1) It is a violation of this chapter for any person subject to this chapter to:
Terms Used In Washington Code 31.45.105
- Fraud: Intentional deception resulting in injury to another.
- 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
(a) Directly or indirectly employ any scheme, device, or artifice to defraud or mislead any borrower, to defraud or mislead any lender, or to defraud or mislead any person;
(b) Directly or indirectly engage in any unfair or deceptive practice toward any person;
(c) Directly or indirectly obtain property by fraud or misrepresentation;
(d) Make a small loan to any person physically located in Washington through use of the internet, facsimile, telephone, kiosk, or other means without first obtaining a small loan endorsement; and
(e) Sell in a retail installment transaction under chapter 63.14 RCW open loop prepaid access (prepaid access as defined in 31 C.F.R. part 1010.100(ww) and not closed loop prepaid access as defined in 31 C.F.R. part 1010.100(kkk)).
(2) It is a violation of this chapter for any person subject to this chapter to:
(a) Advertise, print, display, publish, distribute, or broadcast or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast [broadcasted] any statement or representation that is false, misleading, or deceptive, or that omits material information;
(b) Fail to pay the annual assessment by the date and time as specified in RCW 31.45.050;
(c) Fail to pay any other fee, assessment, or moneys due the department.
(3) In addition to any other penalties, any transaction in violation of subsection (1) of this section is uncollectible and unenforceable.