Washington’s Consumer Protection Act (CPA) is a powerful statute designed to protect consumers from unfair or deceptive business practices. While its purpose is consumer protection, businesses often find themselves on the receiving end of CPA lawsuits—sometimes in cases where the law was overextended.
Trial court judges can misapply technical arguments which ignore industry terms, common business practice, or that all your competitors conduct their their business in the exact same way.
Trial courts sometimes:
- Apply an overly expansive view of what qualifies as an “unfair or deceptive” act
- Fail to properly evaluate whether consumer harm was proven
- Allow claims to proceed that are more appropriate for contract or tort law, not consumer protection law
- -Award damages and fees that go beyond the actual scope of the statute
For a business, losing a CPA case at the trial level can be devastating—especially when there was no ill intent. Damages can be trebled, attorneys’ fees awarded, and reputational harm magnified. But a trial court loss is not necessarily the end of the story.
That is why you need a business attorney to handle your business appeal. A well-handled appeal by experienced business litigator can overturn or limit a bad outcome and safeguard the future of your company.
Why CPA Appeals Matter for Businesses
The CPA is unique in its scope. Because it is interpreted broadly, businesses may be found liable for conduct that was not actually deceptive or harmful. In fact, many of these cases are brought by over-eager Plaintiffs’ attorneys looking to make money off your business.
Luckily, appeals provide businesses with the opportunity to challenge these misapplications and undue advocacy. Appellate courts have more time and resources to consider the nature of your business and the realities of your industry.
Most importantly, appellate courts in Washington regularly refine and limit how the CPA can be used, and a successful appeal can not only reverse a bad ruling but also clarify the law for future disputes. They can put an end to “copy-cat” lawsuits by Plaintiffs’ attorneys scouring the marketplace for a unjust paydays from an honest, law-abiding and tax-paying business.
The Business Perspective on CPA Appeals
While the CPA is consumer-focused, businesses must defend against it strategically. An appellate lawyer with business litigation experience brings critical advantages:
1. Understanding Commercial Practices – Many CPA claims hinge on practices that are standard in the business world (such as marketing language, pricing structures, or billing procedures). Business attorneys can contextualize these practices for appellate courts, showing why they are not “unfair” or “deceptive.”
2. Connecting Legal Standards to Economic Realities – It’s not enough to argue abstractly that the trial court misapplied the law. Businesses need business appellate counsel who can demonstrate how the ruling distorts normal commerce and threatens legitimate business operations.
3. Protecting Long-Term Business Interests – An adverse CPA ruling can invite copycat lawsuits or regulatory scrutiny. Winning an appeal is not just about one case—it’s about preventing ongoing exposure and preserving business reputation.
Why Choose a Business Litigation Firm for Your CPA Appeal
Not every appellate lawyer understands the interplay between consumer law and business operations. At Tomlinson Bomsztyk Russ, our attorneys combine appellate skill with deep business litigation experience. We know how to frame appellate arguments in ways that protect both the legal and commercial interests of our clients.
When the future of your company is at stake, you need appellate counsel who not only understand the law but also the realities of business.
Conclusion: Protecting Your Business Through Appeals
Losing a CPA case at trial is not the end. With the right appellate counsel, businesses can reverse improper rulings, limit exposure, and protect their reputations.
If your business is facing a Consumer Protection Act appeal in Washington, don’t leave your future to chance. Work with attorneys who know both appellate law and business litigation—and who can turn a trial court setback into a strategic win.
Contact Tomlinson Bomsztyk Russ today to discuss how we can help your business pursue a successful CPA appeal.