| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to enhancing consumer protections against financial fraud; |
| Bill Description | Enhancing consumer protections against financial fraud. |
|
What this bill does
Powered by Legitron |
This bill amends existing Washington law (including RCW 74.34.215, RCW 30A.22.210, and RCW 30A.22.020), and adds new sections to chapters 30A.22 and 21.20 RCW to impose new procedural and reporting duties on financial institutions, broker‑dealers, and investment advisers. It requires immediate notification to the department and the Department of Financial Institutions (DFI) when a financial institution reasonably believes financial exploitation of a vulnerable adult may have occurred, may have been attempted, or is being attempted, and it allows (but does not require) institutions to refuse transactions that would disburse funds in those circumstances. Broker‑dealers and investment advisers must likewise immediately notify DFI if they reasonably believe financial fraud related to securities or account funds may have occurred, and affected entities must adopt policies permitting employees to place an internal account flag when such reasonable beliefs arise.
The bill establishes automatic expiration timelines for a refusal to disburse funds (10 business days for transactions involving the sale or offer to sell a security, and 5 business days for other transactions, unless a court orders otherwise or the institution determines the disbursement will not result in exploitation). It authorizes courts to extend refusals and to order other protective relief under RCW 7.40.010 and RCW 7.105.310. It requires reasonable efforts to notify all authorized account parties and to report incidents to adult protective services and local law enforcement when funds are refused. The measure provides criminal, civil, and administrative immunity for financial institutions and their employees acting in good faith and specifies that internal flags are for internal use only and do not by themselves require withholding funds or create liability for good‑faith actions.
Legally, the change is a procedural and administrative one: new reporting obligations, mandatory internal‑flagging policies, optional authority to refuse disbursements for suspected exploitation, and broad good‑faith immunity. The text does not create a new crime or change criminal penalties. Uncertainties in the extracted text include which specific “department” is meant where not named, the missing new RCW section numbers for the added provisions, and the absence of detailed requirements about how notifications must be made (format, recipient details); other provisions outside these extracts may further affect interpretation.
|
|
Why it matters
Powered by Legitron |
If enacted, banks, credit unions, broker-dealers and investment advisers will have to adopt policies and train staff so employees can place internal flags and immediately notify state regulators when they reasonably suspect exploitation or fraud of an account owner or a vulnerable adult. Those firms may choose to refuse disbursements for a short, automatic hold (generally five business days or ten for securities transactions) while they notify other account holders, adult protective services and local law enforcement; courts can extend holds and firms and employees get immunity for good-faith actions. Brokers and advisers face the same immediate-notice and flagging duties for suspected securities-related fraud.
The likely real-world effects are more frequent short delays or holds on customer transactions and added operational work and costs to create policies, train staff, and make immediate reports to regulators, balanced by a legal safe harbor for staff acting in good faith. The measure could reduce fraud against vulnerable adults but will create customer friction and compliance workload; the bill text here does not specify which “department” receives notices or the exact notification process, so implementation details and timing are unclear.
|
| Official Documents | View Full Bill Text |
| Hearing | House Consumer Protection & Business (Public) |