Are there any defenses to Section 5 of the FTCA?
Yes, there are defenses to Section 5 of the FTCA in Washington. This statute states that it is illegal for any person or corporation to engage in any kind of unfair competition. The first defense to Section 5 is that you acted in good faith. This means you did not intend to harm your competitor or take advantage of their business. If you have proof that your actions were not meant to harm them, then this defense may work for you. The second defense is that you had reasonable grounds to believe that your actions were lawful. This means that you performed due diligence in finding out what was legal and what was not. If you were able to demonstrate this, then it could be used as a defense. The third defense is that the specific action was a common practice. If other businesses in your industry are doing it and you followed the same process, then this could be used as a defense. The fourth defense is that the act was necessary to protect your business interests. If you can show that the act helped you stay competitive in the marketplace, then you may be able to use this as a defense. Finally, the fifth defense is that the act was actually in the public interest. If the act improved the public welfare in some way, and you can prove this, then you may be able to use this as a defense as well. No matter what defense you use, it is important to remember that the burden of proof lies with you. You must be able to demonstrate that you acted lawfully and within the confines of the law in order for any defense to work for you.
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