capacity-to-deceive test (Washington) · Go Syfert
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capacity-to-deceive test in Washington

16 Washington opinions name it 2 courts 1997–2024 1 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Scott v. Cingular Wirelessyellow
wash · 2007 · cited in 3 Washington opinions naming this issue, 2010–2011
2 sentences

2011See Scott v. Cingular Wireless, 160 Wn.2d 843, 853 , 161 P.3d 1000 (2007); Hangman Ridge, 105 Wn.2d at 785 (“The purpose of the capacity-to-deceive test is to deter deceptive conduct before injury occurs.” (citing Jeffrey M.

2011See Scott v. Cingular Wireless, 160 Wn.2d 843, 853 , 161 P.3d 1000 (2007); Hangman Ridge, 105 Wn.2d at 785 (“The purpose of the capacity-to-deceive test is to deter deceptive conduct before injury occurs.” (citing Jeffrey M.

33
Hangman Ridge Training Stables, Inc. v. Safeco Title Insurancegreen
wash · 1986 · cited in 14 Washington opinions naming this issue, 1997–2024
2 sentences

2024“The purpose of the capacity-to-deceive test is to deter deceptive conduct before injury occurs.” Hangman Ridge, 105 Wn.2d at 785 .

2020This is consistent with the foundational case, Hangman Ridge, where we observed that “[t]he purpose of the capacity-to-deceive test is to deter deceptive conduct before injury occurs.” 105 Wn.2d at 785 (citing Jeffrey M.

114

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Short v. Demopolis green
wash · 1984
2 sentences

2020Koontz, Washington Lawyers under the Purview of the State Consumer Protection Act—The “Entrepreneurial Aspects” Solution— Short v. Demopolis, 103 Wn. 2d 52 , 691 P.2d 163 (1984), 60 WASH.

2020Koontz, Washington Lawyers under the Purview of the State Consumer Protection Act—The “Entrepreneurial Aspects” Solution— Short v. Demopolis, 103 Wn. 2d 52 , 691 P.2d 163 (1984), 60 WASH.

42007–2020
Robinson v. Avis Rent a Car System, Inc. green
washctapp · 2001
2 sentences

2019The “knowing failure to reveal something of material importance is ‘deceptive’ within the CPA.” Indoor Billboard/Washington, Inc. v. Integra Telecom of Washington, Inc., 162 Wn.2d 59, 75 , 170 P.3d 10 (2007) (quoting Robinson v. Avis Rent A Car Sys., Inc., 106 Wn. App. 104, 116 , 22 P.3d 818 (2001)).

2019The “knowing failure to reveal something of material importance is ‘deceptive’ within the CPA.” Indoor Billboard/Washington, Inc. v. Integra Telecom of Washington, Inc., 162 Wn.2d 59, 75 , 170 P.3d 10 (2007) (quoting Robinson v. Avis Rent A Car Sys., Inc., 106 Wn. App. 104, 116 , 22 P.3d 818 (2001)).

32007–2019
Sing v. John L. Scott, Inc. green
wash · 1997
2 sentences

2012Sing, 134 Wn.2d at 30 . “ ‘[K] nowing failure to reveal something of material importance is “deceptive” within the [meaning of the] CPA.’ ” Indoor Billboard, 162 Wn.2d at 75 (quoting Robinson v. Avis Rent A Car Sys., Inc., 106 Wn.

2000Sing, 134 Wn.2d at 30 (citing Hangman Ridge, 105 Wn.2d at 785 ).

32000–2012
INDOOR BILLBOARD WASHINGTON, INC. v. Integra Telecom of Washington, Inc. green
wash · 2007
2 sentences

2019The “knowing failure to reveal something of material importance is ‘deceptive’ within the CPA.” Indoor Billboard/Washington, Inc. v. Integra Telecom of Washington, Inc., 162 Wn.2d 59, 75 , 170 P.3d 10 (2007) (quoting Robinson v. Avis Rent A Car Sys., Inc., 106 Wn. App. 104, 116 , 22 P.3d 818 (2001)).

2019The “knowing failure to reveal something of material importance is ‘deceptive’ within the CPA.” Indoor Billboard/Washington, Inc. v. Integra Telecom of Washington, Inc., 162 Wn.2d 59, 75 , 170 P.3d 10 (2007) (quoting Robinson v. Avis Rent A Car Sys., Inc., 106 Wn. App. 104, 116 , 22 P.3d 818 (2001)).

22012–2019
Leingang v. PIERCE CO. MED. BUREAU, INC. green
wash · 1997
2 sentences

2018Bureau, Inc., 131 Wn.2d 133, 150 , 930 P.2d 288 (1997). 10 No.75747-4-1/11 a substantial portion of the public, or (iii) an unfair or deceptive act or practice not regulated by statute but in violation of the public interest."29 Deception exists where there is a representation, omission or practice that is likely to mislead a reasonable consumer.3° Neither intent nor actual deception is required to prove a deceptive act or practice, the focus is whether the conduct "has the capacity to deceive a substantial portion of the public."31 But in applying the capacity to deceive requirement, our conc

2018Bureau, Inc., 131 Wn.2d 133, 150 , 930 P.2d 288 (1997). 10 No.75747-4-1/11 a substantial portion of the public, or (iii) an unfair or deceptive act or practice not regulated by statute but in violation of the public interest."29 Deception exists where there is a representation, omission or practice that is likely to mislead a reasonable consumer.3° Neither intent nor actual deception is required to prove a deceptive act or practice, the focus is whether the conduct "has the capacity to deceive a substantial portion of the public."31 But in applying the capacity to deceive requirement, our conc

12018–2018
Panag v. Farmers Ins. Co. of Washington green
wash · 2009
2 sentences

2012Co. of Wash., 166 Wn.2d 27, 50 , 204 P.3d 885 (2009) (collection notices had the capacity to deceive a substantial portion of the public because language could induce people to remand payment in the mistaken belief they had a legal obligation to do so). ¶25 “The purpose of the capacity-to-deceive test is to deter deceptive conduct before injury occurs.” Hangman Ridge, 105 Wn.2d at 785 .

2012Co. of Wash., 166 Wn.2d 27, 50 , 204 P.3d 885 (2009) (collection notices had the capacity to deceive a substantial portion of the public because language could induce people to remand payment in the mistaken belief they had a legal obligation to do so). ¶25 “The purpose of the capacity-to-deceive test is to deter deceptive conduct before injury occurs.” Hangman Ridge, 105 Wn.2d at 785 .

12012–2012

Statutes the citing opinions construe

WA § Wash. Rev. Code § 19.86.020 (15) WA § Wash. Rev. Code § 19.86.920 (14) WA § Wash. Rev. Code § 19.86.090 (4) WA § Wash. Rev. Code § 19.86.010 (3) WA § Wash. Rev. Code § 19.86.080 (3) WA § Wash. Rev. Code § 2.06.040 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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