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WPI 310.04 Public Interest Element

6A WAPRAC WPI 310.04Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 310.04 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part XIV. Consumer Protection
Chapter 310. Consumer Protection Actions
WPI 310.04 Public Interest Element
An act or practice “affects the public interest” if the act or practice:
[violates(insert citation to statute that incorporates the Consumer Protection Act)] [or]
[violates(insert citation to statute that specifically declares a public interest impact)] [or]
[injured other persons] [or]
[had the capacity to injure other persons] [or]
[has the capacity to injure other persons].
NOTE ON USE
This instruction describes the ways that a plaintiff may prove the public interest element of a CPA action. See element (3) of WPI 310.01 (Elements of a Violation of the Consumer Protection Act).
Use bracketed material as applicable. When using one of the bracketed alternatives that calls for a statutory citation, practitioners will also need to set forth the statutory language. Depending on the level of detail that is needed, the statutory language may be included in this instruction or in a separate instruction.
COMMENT
RCW 19.86.093.
The statute, enacted in 2009, sets forth five ways that a plaintiff may prove the public interest element in consumer protection actions. The statute provides:
In a private action in which an unfair or deceptive act or practice is alleged under RCW 19.86.020, a claimant may establish that the act or practice is injurious to the public interest because it:

  • (1) Violates a statute that incorporates this chapter;

  • (2) Violates a statute that contains a specific legislative declaration of public interest impact; or

  • (3) (a) Injured other persons; (b) had the capacity to injure other persons; or (c) has the capacity to injure other persons.
[Current as of February 2021.]
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