19.105.365 - Advertising promises of free gifts, awards, or prizes -- Provision of gift or substitute -- Security arrangements after violation -- Advance fees placed in trust -- Membership referral pr

Advertising promises of free gifts, awards, or prizes — Provision of gift or substitute — Security arrangements after violation — Advance fees placed in trust — Membership referral programs considered promotional programs.

(1) It is unlawful for a camping resort operator or other person, in connection with an advertisement or offer for sale of a camping resort contract in this state, to promise or offer a free gift, award, prize, or other item of value if the operator or person knows or has reason to know that the offered item is unavailable in a sufficient quantity based upon the reasonably anticipated response to the advertisement or offer.

     (2) A person who responds to an advertisement or offer in the manner specified, who performs all stated requirements, and who meets the qualifications disclosed shall receive the offered item subject to chapter 19.170 RCW.

     (3) The director may, upon making a determination that a violation of subsection (1) or (2) of this section has occurred, require any person, including an operator or other registrant found in violation, who continues, or proposes to continue, offering a free gift, award, prize, or other item of value in this state for purposes of advertising a camping resort or inducing persons to purchase a camping resort contract, to provide evidence of the ability to deliver on promised gifts, prizes, or awards by means such as bonds, irrevocable letters of credit, cash deposits, or other security arrangements acceptable to the director.

     (4) The director may require that any fees or funds of any description collected in advance from persons for purposes of obtaining promised gifts, awards, prizes, or other items of value, be placed in trust in a depository in this state until after delivery of the promised gift, prize, award, or other item of value.

     (5) Operators or other registrants or persons promising gifts, prizes, awards, or other items of consideration as part of a membership referral program shall be considered to be offering or selling promotional programs.

     (6) Chapter 19.170 RCW applies to free gifts, awards, or prizes regulated under this chapter.

[1991 c 227 § 9; 1988 c 159 § 12.]

Notes: Severability -- 1991 c 227: See RCW 19.170.900.