What is the burden of proof for proving deceptive or unfair practices?

In Washington, the burden of proof for proving deceptive or unfair practices in consumer fraud law is on the plaintiff, or the person bringing the lawsuit. This is due to the fact that consumer fraud laws are designed to protect consumers from false or misleading representations made by sellers or manufacturers. The plaintiff will need to show that the seller or manufacturer acted intentionally, meaning that they knowingly and purposefully made a false or misleading statement, or that the statement was made recklessly and without regard to its truth. It is possible for a plaintiff to show deceptive or unfair practices if they can prove that the defendant was aware of the falseness or untruth of their statement. In addition to showing intentional or reckless behavior, the plaintiff must also show that they relied on the false or misleading statement and suffered a financial loss as a result. The financial loss does not have to be the direct result of the false or misleading statement, but there must be some sort of causal connection between the two. In Washington, plaintiffs must establish these facts by a preponderance of the evidence, which means that they must demonstrate that the facts are more likely true than not. This is a lower standard of proof than is required in criminal cases, which require proof beyond a reasonable doubt.

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What is the burden of proof for proving deceptive or unfair practices?

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