Source Link: https://www.atg.wa.gov/news/news-releases/ag-ferguson-gov-inslee-bill-hold-gun-industry-responsible-passes-senate
OLYMPIA — A bill to ensure that gun manufacturers and dealers — like other purveyors of dangerous goods — must take reasonable steps to prevent their products from getting into the hands of dangerous individuals passed the state Senate today by a 28-21 vote.
Senate Bill 5078, sponsored by Sen. Jamie Pedersen, D-Seattle, is jointly requested by Attorney General Bob Ferguson and Gov. Jay Inslee. Rep. David Hackney, D-Tukwila, sponsored the companion bill in the House.
The Firearm Industry Responsibility & Gun Violence Victims’ Access to Justice Act ensures that firearms manufacturers and sellers will face liability if they fail to establish, implement and enforce reasonable controls in the manufacture, sale, distribution and marketing of firearms to keep them out of the hands of dangerous individuals.
Changes in federal law since 2005 have shielded the gun industry from liability and barred lawsuits like this one — even when their negligence is provable.
That law, the federal Protection of Lawful Commerce in Arms Act (PLCAA), shields gun manufacturers and sellers from liability in some circumstances. However, Congress invited states to regulate firearm sales and marketing practices by exempting such state laws from PLCAA. SB 5078 creates such a law.
“This policy will ensure that the gun industry is treated like every other industry and faces real consequences for irresponsible conduct,” Ferguson said. “Today’s important vote is a significant step toward improving public safety in Washington.”
“This legislation provides accountability for a gun industry that has too often failed to take necessary precautions to prevent guns from getting into the wrong hands,” Gov. Inslee said. “Industry negligence costs lives — this bill lets the industry know we won’t abide this status quo any longer. Thank you to the bill’s sponsors and the Attorney General’s Office for advancing accountability in the gun industry.”
“We must ensure that firearms dealers and manufacturers are held accountable when they fail to keep weapons out of the hands of dangerous individuals,” Sen. Pedersen said. “Victims of gun violence in our state deserve access to justice. It is past time for the gun industry to face real consequences for irresponsible sales and marketing practices.”
Four other states — Delaware, New York, New Jersey, and California — have adopted similar legislation, and courts have upheld laws that fall under the PLCAA exception allowing for state regulation of firearm sales and marketing.
In the wake of the mass shooting at a Buffalo, N.Y., grocery store in May of last year, the city is suing several gun makers under New York’s law. The New York law, similar to SB 5078, has already survived a challenge in federal court.
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Public welcome as Court of Appeals, Div. III hears cases at High School in Spokane March 7
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2) NEWS FROM OUR CONGRESSIONAL DELEGATION TO DC
3) WORLD NEWS & NATIONAL HEADLINES
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5) LOCAL MEETINGS & Commentary
Response from our ATTORNEY GENERAL OF WASHINGTON.
Here is the response I got after filing a complaint against Dive Mart (aka Instant Live Helps) scamming me out of $399. for technical support, the called me back sometime later saying there was another problem with my computer, something they said won't happen, which was none. They were out to scam me another $200 which I refuse to pay, finding out by investigation I done found out they are scammers. Here if the response that was emailed to me by the AG office:
The complaint you submitted to our office regarding Instant Live Helps dba Devine Mart was reviewed and determined to be appropriate for the informal complaint resolution services offered by our Consumer Resource Center. This is an informal, voluntary process. Our office acts as a neutral party to facilitate communication between consumers and businesses to assist in resolving the complaint. We are prohibited by Washington State law from providing legal advice or representing either party.
The following information describes our informal complaint resolution process:
Informal Complaint Resolution Process:
The process takes approximately four to six weeks to complete. A copy of your complaint was sent to the business(es) with a request to provide our office with a response within 21 calendar days. If a response is received, you will be notified and a copy of the response will be provided to you. If our office has not received a response from the business(es) within 14 calendar days, a courtesy reminder will be sent to the business(es) reminding them that their response is due within the next seven calendar days. If the business(es) do not respond to our request, our office cannot compel the business(es) to respond.
If the business does not respond or does not resolve your complaint to your satisfaction:
If the business(es) do not respond, or your complaint is not resolved through our informal complaint resolution service, your complaint will be closed. However, you will be notified of additional options and resources that may be available to assist you in the event you wish to pursue the matter further.
It was also determined that the concerns presented in your complaint may be of interest to the following agency; a copy of your complaint was forwarded for review:
Federal Bureau of Investigation
1110 3rd Ave
Seattle, WA 98101
(206) 622-0460
The situation you described fits the definition of a common type of scam called “Phishing”. Phishers may contact consumers by email, telephone, letter, or facsimile. Often Phishers pretend to be from a legitimate company or will use official sounding names and will ask you to verify financial account information, passwords, or other personal information in order to access your account. Phishers also may threaten to terminate your account or in some cases even threaten to have you arrested unless you provide the requested information.
It is very difficult to locate Phishers because many of them operate out of foreign countries. We have found that the majority of these callers use various phone systems to bounce their calls to various locations within and outside the United States to disguise their actual phone number.
This in turn makes it very difficult to prosecute them and recover consumer funds. Given these difficulties, there is little our office can do to stop communications from Phishers. You may wish to contact the following agencies for assistance or guidance:
• Federal Trade Commission: Call toll-free 1-877-FTC-HELP (1-877-382-4357) or file a complaint online at: http://ftc.gov/
• U.S. Postal Inspection Service – Mail Fraud: Call 1-800-372-8347 or file a complaint online at: https://postalinspectors.uspis.gov/contactUs/filecomplaint.aspx
• Online fraud: Federal Bureau of Investigation (FBI) Internet Crime Complaint Center, http://www.ic3.gov
• Phonebusters, the Canadian anti-fraud call center: http://www.phonebusters.com or call 888-495-8501
Our office offers the following tips if you receive any Phishing attempts:
• Be skeptical of warnings that accounts will be shut down with little or no notice if you don’t reconfirm your billing information
• Don’t click on website links in suspicious emails; contact the legitimate company directly using a telephone number or a website found on your statement or other correspondence
If you’ve given personal information, consider the following:
• Carefully check credit card and bank statements for unauthorized charges each month
• Contact the fraud departments of each credit bureau and report that sensitive financial information has been compromised; ask that a "fraud alert" be placed on your file
• If your financial accounts have been fraudulently accessed or opened, contact each company’s security department; close these accounts; use creative passwords on your accounts
• If your financial information is used for illicit purposes, file a report with your local police or the police where the identity theft took place and get a copy of the report
• If you feel you are a victim of Identity Theft, visit the Washington State Attorney General’s website at http://www.atg.wa.gov/identity-theftprivacy or contact the Federal Trade Commission by calling toll-free 1-877-ID-THEFT (438-4338) or visit their website at http://www.ftc.gov/bcp/edu/microsites/idtheft// for help
The FTC has more information about “tech support” scams on its website that may be of interest to you, http://www.consumer.ftc.gov/articles/0346-tech-support-scams.
If you used a credit card to pay for merchandise you never received, you may be able to dispute this charge with your credit card company if the transaction meets the criteria identified on the Federal Trade Commission (FTC) website at http://www.consumer.ftc.gov/articles/0221-billed-merchandise-you-never-received-heres-what-do. The Fair Credit Billing Act (FCBA) and the Mail or Telephone Order Merchandise Rule offer protections and procedures for consumers so they don’t have to pay for merchandise they ordered but never received. There may also be a process to address this if you paid with a debit card. Check the FTC website linked above for additional information.
Consumer complaints provide valuable information that our office uses to identify patterns of unfair or deceptive practices that may warrant enforcement of the Consumer Protection Act. Your complaint will be exported to the Federal Trade Commission’s (FTC) Consumer Sentinel database.
The primary function of the Consumer Protection Division is to enforce the Consumer Protection Act RCW 19.86. We will retain a copy of your complaint as a public record that is subject to disclosure pursuant to the Public Records Act RCW 42.56.
We hope this information is helpful. If you have questions or would like to submit additional information regarding this complaint, our email address is CRC@ATG.WA.GOV. Please include the complaint number given above on any complaint correspondence.
Sincerely,
ANTHONY OGLE
* I doubt I'll ever get a refund of $399. from these scammers, but I won't keep paying into their "protection" racket.
Local meetings
CLALLAM COUNTY MEETINGS:
Clallam County Commission work session for 3/6/23
https://www.clallamcountywa.gov/AgendaCenter/ViewFile/Agenda/_03062023-741
Clallam County Commission Business meeting for 3/7/23
https://www.clallamcountywa.gov/AgendaCenter/ViewFile/Agenda/_03072023-742
City of Port Angeles Council meeting for 3/7/23
https://www.cityofpa.us/DocumentCenter/View/12838/CC-Agenda-Packet-03072023
JEFFERSON COUNTY MEETINGS
Jefferson County Commission meeting for 3/6/23
https://media.avcaptureall.cloud/meeting/3a2087e6-1149-4c49-be31-0e736e788c16
PORT TOWNSEND CITY COUNCIL BUSINESS MEETING AGENDA
for 3/6/23
https://cityofpt.granicus.com/GeneratedAgendaViewer.php?view_id=4&event_id=3529
