2018 legislative review
and product owners. AWB testified that customers depend on digital products to operate safely, securely, and accurately. If enacted, the legislation would have resulted in unintended consequences to the operation, security and safety of those products. Agreements between OEMs and authorized repair networks, which include businesses of all sizes, would be undermined and provided no protection or quality assurance for consumers. Further, the legislation would have mandated the disclosure of proprietary information that may violate federal copyright protection and state trade secrets laws. Finally, numerous options were already available to consumers to repair their products, and thus the legislation was unnecessary. AWB testified in opposition to the legislation.
EHB 1128 relating to mandatory arbitration
Passed / AWB Opposed
Engrossed House Bill 1128, sponsored by Rep. Matt Shea, R-Spokane, changes the threshold for resolving legal disputes through mandatory arbitration amounts from $ 50,000 to $ 100,000. AWB testified opposed based on concerns that the bill will only further compound the problem. The goal of arbitration is to limit cost and provide for a faster resolution to cases. This increase will do neither. The legislation will not reduce the caseload at the superior court. Cases at the $ 100,000 level are almost always complex and require substantial discovery.
There is an enormous difference between a case that has a limited value involving limited issues versus a case that has a high value and multiple issues. The more complex the case, the greater the need for extensive discovery and a trial. Choosing an arbitrary number for mandatory arbitration will not eliminate the complexity of a case. A complex case does not lend itself to the arbitration process. Requiring mandatory arbitration for more complex cases is more likely to be just another step in the appeal process without any reduction in appeals to the higher court. In fact, this legislation could actually result in the mandatory arbitration process becoming bottlenecked. The result would be costlier litigation for all parties. AWB opposed this legislation.
22 association of washington business