State Of Washington, Resp/x-app v. The Mandatory Poster Agency Inc, Apps/x-resps

¶1 The first element of a Consumer Protection Act (CPA) violation is an unfair or deceptive act or practice. An act is deceptive if it is likely to mislead a reasonable consumer. Such an act satisfies the first element if it has the capacity to deceive a substantial portion of the public. When the underlying facts are undisputed, the question whether the acts are likely to mislead—an objective inquiry—is a question of law. Whether such a deception has the capacity to reach a substantial portion of the public is a question of fact precluding summary judgment, unless the undisputed facts…