What is the burden of proof for consumer fraud claims?

In Washington, the burden of proof for consumer fraud claims is on the plaintiff (the person filing the claim). This means the plaintiff must provide convincing evidence that the defendant’s conduct was deceptive or fraudulent. The standard of proof for consumer fraud claims is “by a preponderance of the evidence.” This is a lower standard than the “beyond a reasonable doubt” standard used in criminal cases. In other words, the plaintiff only needs to show that it is more likely true than not true that the defendant engaged in deceptive or fraudulent conduct. If a plaintiff can prove that the defendant’s conduct was deceptive or fraudulent, then the plaintiff may be able to recover damages for any losses incurred by the plaintiff as a result. The Washington Consumer Protection Act also places the burden of proof on the plaintiff. Under the Act, plaintiffs must show that the deceptive act caused the plaintiff harm and that the deceptive act is prohibited by law. Additionally, the plaintiff may be able to recover additional damages, such as attorney’s fees and costs, if they can show that the defendant acted willfully or with wanton disregard of the law. In summary, the burden of proof for consumer fraud claims in Washington is on the plaintiff and requires them to provide evidence that the defendant’s conduct was deceptive or fraudulent. If the plaintiff can meet this standard, then they may be able to recover damages for any losses incurred as a result of the defendant’s deceptive or fraudulent act. Additionally, the Washington Consumer Protection Act may allow the plaintiff to recover additional damages if they can show that the defendant acted willfully or with wanton disregard of the law.

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