Revised Code of Washington
Wash. Rev. Code § 19.16.100 (2026)
Definitions
✓ current as of May 2026
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Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:
(1) "Board" means the Washington state collection agency board.
(2) "Claim" means any obligation for the payment of money or thing of value arising out of any agreement or contract, express or implied.
(3) "Client" or "customer" means any person authorizing or employing a collection agency to collect a claim.
(4) "Collection agency" means and includes:
(a) Any person directly or indirectly engaged in soliciting claims for collection, or collecting or attempting to collect claims owed or due or asserted to be owed or due another person;
(b) Any person who directly or indirectly furnishes or attempts to furnish, sells, or offers to sell forms represented to be a collection system or scheme intended or calculated to be used to collect claims even though the forms direct the debtor to make payment to the creditor and even though the forms may be or are actually used by the creditor himself or herself in his or her own name;
(c) Any person who in attempting to collect or in collecting his or her own claim uses a fictitious name or any name other than his or her own which would indicate to the debtor that a third person is collecting or attempting to collect such claim;
(d) A debt buyer as defined in this section;
(e) Any person or entity attempting to enforce a lien under chapter 60.44 RCW, other than the person or entity originally entitled to the lien.
(5) "Collection agency" does not mean and does not include:
(a) Any individual engaged in soliciting claims for collection, or collecting or attempting to collect claims on behalf of a licensee under this chapter, if said individual is an employee of the licensee;
(b) Any individual collecting or attempting to collect claims for not more than one employer, if all the collection efforts are carried on in the name of the employer and if the individual is an employee of the employer;
(c) Any person whose collection activities are carried on in his, her, or its true name and are confined and are directly related to the operation of a business other than that of a collection agency, such as but not limited to: Trust companies; savings and loan associations; building and loan associations; abstract companies doing an escrow business; real estate brokers; property management companies collecting assessments, charges, or fines on behalf of condominium unit owners associations, associations of apartment owners, or homeowners' associations; public officers acting in their official capacities; persons acting under court order; lawyers; insurance companies; credit unions; loan or finance companies; mortgage banks; and banks;
(d) Any person who on behalf of another person prepares or mails monthly or periodic statements of accounts due if all payments are made to that other person and no other collection efforts are made by the person preparing the statements of account;
(e) An "out-of-state collection agency" as defined in this chapter; or
(f) Any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of the person is not the collection of debts.
(6) "Commercial claim" means any obligation for payment of money or thing of value arising out of any agreement or contract, express or implied, where the transaction which is the subject of the agreement or contract is not primarily for personal, family, or household purposes.
(7) "Debt buyer" means any person or entity that is engaged in the business of purchasing delinquent or charged off claims for collection purposes, whether it collects the claims itself or hires a third party for collection or an attorney for litigation in order to collect such claims.
(8) "Debtor" means any person owing or alleged to owe a claim.
(9) "Director" means the director of licensing.
(10) "Licensee" means any person licensed under this chapter.
(11) "Medical debt" means any debt owed by a consumer to a person whose primary business is providing medical services, products, or devices, or to the person's agent or assignee, for the provision of medical services, products, or devices. Medical debt includes, but is not limited to, medical bills that are not past due or that have been paid. For the purposes of this subsection, "medical service, product, or device" includes, but is not limited to, any service, drug, medication, product, or device sold, offered, or provided to a patient by a health care provider or health care facility, as defined in RCW 48.43.005, except that it does not include cosmetic surgery. "Cosmetic surgery" shall not include reconstructive surgery when such service is incidental to or follows surgery resulting from trauma, infection, or other diseases of the involved party.
(12) "Out-of-state collection agency" means a person whose activities within this state are limited to collecting debts from debtors located in this state by means of interstate communications, including telephone, mail, or facsimile transmission, from the person's location in another state on behalf of clients located outside of this state, but does not include any person who is excluded from the definition of the term "debt collector" under the federal fair debt collection practices act (15 U.S.C. Sec. 1692a(6)).
(13) "Person" includes individual, firm, partnership, trust, joint venture, association, or corporation.
(14) "Statement of account" means a report setting forth only amounts billed, invoices, credits allowed, or aged balance due.
[ 2025 c 145 s 1; 2020 c 30 s 1; 2019 c 227 s 3; 2015 c 201 s 3. Prior: 2013 c 148 s 1; 2003 c 203 s 1; prior: 2001 c 47 s 1; 2001 c 43 s 1; 1994 c 195 s 1; 1990 c 190 s 1; 1979 c 158 s 81; 1971 ex.s. c 253 s 1.]
Notes:
Application—2020 c 30: "This act applies prospectively only and not retroactively. It applies with respect to delinquent or charged off claims purchased for collection purposes by a debt buyer on or after June 11, 2020." [ 2020 c 30 s 5.]
Effective date—2013 c 148 ss 1 and 3: "Sections 1 and 3 of this act take effect October 1, 2013." [ 2013 c 148 s 4.]
Notes of Decisions
Cited in 41
cases (24 in the last 5 years), 1978–2026 · leading case: Gray v. Suttell & Assocs., 334 P.3d 14 (Wash. 2014).
Gray v. Suttell & Assocs., 334 P.3d 14 (Wash. 2014). “In sum, debt buyers like Midland Funding fall within the statutory definition of “collection agency” if they solicit claims for collection.”
Panag v. Farmers Ins. Co. of Washington, 204 P.3d 885 (Wash. 2009). “2d at 1174 (violation of FDCPA is a per se "unfair or deceptive" act or practice for purposes of the FTCA); RCW 19.16.100; Evergreen Collectors v. Holt, 60 Wash.”
Moritz v. Daniel N. Gordon, P.C., 895 F. Supp. 2d 1097 (W.D. Wash. 2012). “” RCW 19.16.100(2)(a). Excluded from this definition is an “out-of-state collection agency,” which is defined in relevant part as “a person whose activities within this state are limited to collecting debts from debtors located in this state by means of interstate…”
Hansen v. Ticket Track, Inc., 280 F. Supp. 2d 1196 (W.D. Wash. 2003). “Plaintiffs assert that collection of these fees was in violation of the Washington Collection Agencies Act, RCW § 19.16.100 et seq. (“WCAA”), the Washington Consumer Protection Act, RCW § § 19.”
Mandelas v. Daniel N. Gordon, PC, 785 F. Supp. 2d 951 (W.D. Wash. 2011). “” RCW 19.16.100(2)(a). The WCAA excludes the following from the definition of “collection agency”: (c) Any person whose collection activities are carried on in his, her, or its true name and are confined and are directly related to the operation of a business other than that of…”
Paris v. Steinberg & Steinberg, 828 F. Supp. 2d 1212 (W.D. Wash. 2011). “” While RCW 19.16.100(2) defines “collection agency” as one collecting on claims owed or due another person, it also defines it as any person attempting to collect on their own claim while using a fake name to confuse the debtor into thinking a third person is collecting on such…”
Stephens v. Omni Ins. Co., 159 P.3d 10 (Wash. Ct. App. 2007). “" RCW 19.16.100(5) (emphasis added). Unlike the collection of consumer debt, the collection of subrogation claims or tort claims is a type of activity that appears to be entirely unregulated.”
Saody Eng, V. Specialized Loan Servicing, Llc, 500 P.3d 171 (Wash. Ct. App. 2021). “14 RCW 19.16.100(2). 6 No. 82378-7-I/7 obligation,15 the debt remains valid.”
Campion v. Credit Bureau Servs., Inc., 206 F.R.D. 663 (E.D. Wash. 2001). “; the State of Washington Collection Agency Act (“WCAA”), Wash. Rev.Code § 19.16.100; and the State of Washington Consumer Protection Act (“WCPA”), Wash.”
Trust Fund Servs. v. Aro Glass Co., 575 P.2d 716 (Wash. 1978). “On December 19, 1975, Aro moved to dismiss for lack of subject matter jurisdiction under CR 12(h)(3) on the ground that Trust Fund was acting as a collection agency as defined in RCW 19.16.100 and that therefore, under RCW 19.”
Hansen v. Ticket Track, Inc., 213 F.R.D. 412 (W.D. Wash. 2003). “Plaintiffs assert that this business practice is illegal under the Washington Collection Agencies Act, RCW § 19.16.100 et seq. (“WCAA”), the Washington Consumer Protection Act, RCW § § 19.”
Evergreen Collectors v. Holt, 803 P.2d 10 (Wash. Ct. App. 1991). “The Collection Agency Act provides, in pertinent part, that no collection agency shall Communicate with the debtor and represent or imply that the existing obligation of the debtor may be or has been increased by the addition of attorney fees, investigation fees, service fees,…”
— Wash. Rev. Code § 19.16.100(11) — 2 cases
Panag v. Farmers Ins. Co. of Washington, 204 P.3d 885 (Wash. 2009). “2d at 1174 (violation of FDCPA is a per se "unfair or deceptive" act or practice for purposes of the FTCA); RCW 19.16.100; Evergreen Collectors v. Holt, 60 Wash.”
Panag v. Farmers Ins., 166 Wash. 2d 27 (Wash. 2009).
— Wash. Rev. Code § 19.16.100(12) — 1 case
State Of Wa Ex Rel. Larry M. Kasoff, App. V. Harris & Harris, Ltd., Res. (Wash. Ct. App. 2024).
— Wash. Rev. Code § 19.16.100(13) — 2 cases
Marquez Vargas v. RRA CP Opportunity Trust 1 (W.D. Wash. 2024).
State Of Washington, V. Joshua Jordan (Wash. Ct. App. 2026).
— Wash. Rev. Code § 19.16.100(2) — 4 cases
Gray v. Suttell & Assocs., 334 P.3d 14 (Wash. 2014). “In sum, debt buyers like Midland Funding fall within the statutory definition of “collection agency” if they solicit claims for collection.”
Saody Eng, V. Specialized Loan Servicing, Llc, 500 P.3d 171 (Wash. Ct. App. 2021). “14 RCW 19.16.100(2). 6 No. 82378-7-I/7 obligation,15 the debt remains valid.”
Paris v. Steinberg & Steinberg, 828 F. Supp. 2d 1212 (W.D. Wash. 2011). “” While RCW 19.16.100(2) defines “collection agency” as one collecting on claims owed or due another person, it also defines it as any person attempting to collect on their own claim while using a fake name to confuse the debtor into thinking a third person is collecting on such…”
Gray v. Suttell & Assocs. (Wash. 2014).
— Wash. Rev. Code § 19.16.100(2)(a) — 6 cases
Gray v. Suttell & Assocs., 334 P.3d 14 (Wash. 2014). “In sum, debt buyers like Midland Funding fall within the statutory definition of “collection agency” if they solicit claims for collection.”
Mandelas v. Daniel N. Gordon, PC, 785 F. Supp. 2d 951 (W.D. Wash. 2011). “” RCW 19.16.100(2)(a). The WCAA excludes the following from the definition of “collection agency”: (c) Any person whose collection activities are carried on in his, her, or its true name and are confined and are directly related to the operation of a business other than that of…”
Hansen v. Ticket Track, Inc., 280 F. Supp. 2d 1196 (W.D. Wash. 2003). “Plaintiffs assert that collection of these fees was in violation of the Washington Collection Agencies Act, RCW § 19.16.100 et seq. (“WCAA”), the Washington Consumer Protection Act, RCW § § 19.”
Moritz v. Daniel N. Gordon, P.C., 895 F. Supp. 2d 1097 (W.D. Wash. 2012). “” RCW 19.16.100(2)(a). Excluded from this definition is an “out-of-state collection agency,” which is defined in relevant part as “a person whose activities within this state are limited to collecting debts from debtors located in this state by means of interstate…”
Paris v. Steinberg & Steinberg, 828 F. Supp. 2d 1212 (W.D. Wash. 2011). “” While RCW 19.16.100(2) defines “collection agency” as one collecting on claims owed or due another person, it also defines it as any person attempting to collect on their own claim while using a fake name to confuse the debtor into thinking a third person is collecting on such…”
— Wash. Rev. Code § 19.16.100(2)(d) — 2 cases
Gray v. Suttell & Assocs., 334 P.3d 14 (Wash. 2014). “In sum, debt buyers like Midland Funding fall within the statutory definition of “collection agency” if they solicit claims for collection.”
Gray v. Suttell & Assocs. (Wash. 2014).
— Wash. Rev. Code § 19.16.100(3) — 2 cases
Moritz v. Daniel N. Gordon, P.C., 895 F. Supp. 2d 1097 (W.D. Wash. 2012). “” RCW 19.16.100(2)(a). Excluded from this definition is an “out-of-state collection agency,” which is defined in relevant part as “a person whose activities within this state are limited to collecting debts from debtors located in this state by means of interstate…”
Trust Fund Servs. v. Aro Glass Co., 575 P.2d 716 (Wash. 1978). “On December 19, 1975, Aro moved to dismiss for lack of subject matter jurisdiction under CR 12(h)(3) on the ground that Trust Fund was acting as a collection agency as defined in RCW 19.16.100 and that therefore, under RCW 19.”
— Wash. Rev. Code § 19.16.100(3)(c) — 4 cases
Mandelas v. Daniel N. Gordon, PC, 785 F. Supp. 2d 951 (W.D. Wash. 2011). “” RCW 19.16.100(2)(a). The WCAA excludes the following from the definition of “collection agency”: (c) Any person whose collection activities are carried on in his, her, or its true name and are confined and are directly related to the operation of a business other than that of…”
Paris v. Steinberg & Steinberg, 828 F. Supp. 2d 1212 (W.D. Wash. 2011). “” While RCW 19.16.100(2) defines “collection agency” as one collecting on claims owed or due another person, it also defines it as any person attempting to collect on their own claim while using a fake name to confuse the debtor into thinking a third person is collecting on such…”
Moritz v. Daniel N. Gordon, P.C., 895 F. Supp. 2d 1097 (W.D. Wash. 2012). “” RCW 19.16.100(2)(a). Excluded from this definition is an “out-of-state collection agency,” which is defined in relevant part as “a person whose activities within this state are limited to collecting debts from debtors located in this state by means of interstate…”
Trust Fund Servs. v. Aro Glass Co., 575 P.2d 716 (Wash. 1978). “On December 19, 1975, Aro moved to dismiss for lack of subject matter jurisdiction under CR 12(h)(3) on the ground that Trust Fund was acting as a collection agency as defined in RCW 19.16.100 and that therefore, under RCW 19.”
— Wash. Rev. Code § 19.16.100(3)(e) — 2 cases
Moritz v. Daniel N. Gordon, P.C., 895 F. Supp. 2d 1097 (W.D. Wash. 2012). “” RCW 19.16.100(2)(a). Excluded from this definition is an “out-of-state collection agency,” which is defined in relevant part as “a person whose activities within this state are limited to collecting debts from debtors located in this state by means of interstate…”
Mandelas v. Daniel N. Gordon, PC, 785 F. Supp. 2d 951 (W.D. Wash. 2011). “” RCW 19.16.100(2)(a). The WCAA excludes the following from the definition of “collection agency”: (c) Any person whose collection activities are carried on in his, her, or its true name and are confined and are directly related to the operation of a business other than that of…”
— Wash. Rev. Code § 19.16.100(4) — 10 cases
Gray v. Suttell & Assocs., 334 P.3d 14 (Wash. 2014). “In sum, debt buyers like Midland Funding fall within the statutory definition of “collection agency” if they solicit claims for collection.”
Moritz v. Daniel N. Gordon, P.C., 895 F. Supp. 2d 1097 (W.D. Wash. 2012). “” RCW 19.16.100(2)(a). Excluded from this definition is an “out-of-state collection agency,” which is defined in relevant part as “a person whose activities within this state are limited to collecting debts from debtors located in this state by means of interstate…”
Floyd Scott, V. Am. Express Nat'l Bank (Wash. Ct. App. 2022).
1223 Spring Street Owners Assoc, V. Randall Steichen (Wash. Ct. App. 2023).
Laura Daniels, V George Sommers (Wash. Ct. App. 2024).
— Wash. Rev. Code § 19.16.100(4)(a) — 4 cases
Laura Daniels, V George Sommers (Wash. Ct. App. 2024).
Jose Diaz, Appellant/cr-respondent v. North Star Tr., Llc., Respondent/cr-appellants (Wash. Ct. App. 2021).
John Somarakis, Tr., V U.s. Bank, Nat'l Ass'n (Wash. Ct. App. 2022).
Floyd Scott, V. Am. Express Nat'l Bank (Wash. Ct. App. 2022).
— Wash. Rev. Code § 19.16.100(4)(d) — 1 case
Marquez Vargas v. RRA CP Opportunity Trust 1 (W.D. Wash. 2024).
— Wash. Rev. Code § 19.16.100(5) — 9 cases
Panag v. Farmers Ins. Co. of Washington, 204 P.3d 885 (Wash. 2009). “2d at 1174 (violation of FDCPA is a per se "unfair or deceptive" act or practice for purposes of the FTCA); RCW 19.16.100; Evergreen Collectors v. Holt, 60 Wash.”
Stephens v. Omni Ins. Co., 159 P.3d 10 (Wash. Ct. App. 2007). “" RCW 19.16.100(5) (emphasis added). Unlike the collection of consumer debt, the collection of subrogation claims or tort claims is a type of activity that appears to be entirely unregulated.”
Gray v. Suttell & Assocs., 334 P.3d 14 (Wash. 2014). “In sum, debt buyers like Midland Funding fall within the statutory definition of “collection agency” if they solicit claims for collection.”
Walcker v. SN Com., LLC, 286 F. App'x 455 (9th Cir. 2008).
Panag v. Farmers Ins., 166 Wash. 2d 27 (Wash. 2009).
— Wash. Rev. Code § 19.16.100(5)(c) — 4 cases
John Somarakis, Tr., V U.s. Bank, Nat'l Ass'n (Wash. Ct. App. 2022).
Jose Diaz, Appellant/cr-respondent v. North Star Tr., Llc., Respondent/cr-appellants (Wash. Ct. App. 2021).
Floyd Scott, V. Am. Express Nat'l Bank (Wash. Ct. App. 2022).
De Botton v. Quality Loan Serv. Corp. of Washington (W.D. Wash. 2023).
— Wash. Rev. Code § 19.16.100(7) — 1 case
Fireside Bank fka Fireside Thrift Co. v. John W. Askins & Lisa D. Askins, 430 P.3d 1145 (Wash. Ct. App. 2018).
— Wash. Rev. Code § 19.16.100(8) — 1 case
Sims v. Midland Funding LLC (W.D. Wash. 2021).
— Wash. Rev. Code § 19.16.100(9) — 1 case
Moritz v. Daniel N. Gordon, P.C., 895 F. Supp. 2d 1097 (W.D. Wash. 2012). “” RCW 19.16.100(2)(a). Excluded from this definition is an “out-of-state collection agency,” which is defined in relevant part as “a person whose activities within this state are limited to collecting debts from debtors located in this state by means of interstate…”
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