Zachman v. Whirlpool Acceptance Corp.

841 P.2d 27, 120 Wash. 2d 304
CourtWashington Supreme Court
DecidedFebruary 12, 1993
Docket58059-6
StatusPublished
Cited by5 cases

This text of 841 P.2d 27 (Zachman v. Whirlpool Acceptance Corp.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zachman v. Whirlpool Acceptance Corp., 841 P.2d 27, 120 Wash. 2d 304 (Wash. 1993).

Opinions

Brachtenbach, J.

This case concerns interpretation of RCW 63.14, the Retail Installment Sales of Goods and Services Act (RISA). The main issue is narrow because it involves specific forms employed by defendant Whirlpool Acceptance Corporation, now known as Whirlpool Financial Corporation (Whirlpool) in two particular transactions. Because plaintiffs have sought class action certification the holding has broader implications if the class is certified on remand.

The trial court granted plaintiffs' partial summary judgment, declaring defendant's financing devices in violation of RISA. Clerk's Papers, at 252-54. Class certification and damages were reserved. We affirm and remand for further proceedings.

This dispute arises from the purchase of a clothes dryer by plaintiffs Zachman and the purchase of a dishwasher by plaintiffs Crossler. The appliances were purchased from different independent retailers; Whirlpool is not a retail seller. Whirlpool financed each purchase. Mrs. Zachman and Mr. Crossler each signed a preprinted form entitled Revolving Charge Plan Agreement. Mrs. Zachman also signed a sales memorandum. The forms are appended to this opinion.

The essence of plaintiffs' case is that Whirlpool's financing instruments are not valid revolving charge agreements [307]*307under RISA.1 If the agreements are not valid revolving charge agreements, they must be either retail installment contracts or lender credit card agreements. Those are the three mutually exclusive types of agreements authorized by RISA. RCW 63.14.010(3), (9), (10). The three types of agreements differ in disclosures required, allowable service charge (essentially interest), and recognition of a security interest in the property purchased.

The disclosures required at the time of purchase are much more detailed and informative for the retail installment contract. See RCW 63.14.020, .030, .120. The disclosure required for a retail installment sale shows the cost of credit because the statute mandates a statement of the sale price and the full credit price. RCW 63.14.040. The minimal disclosure for revolving charge agreements and lender credit card agreements does not reveal the total credit price. RCW 63.14.120.

Revolving charge agreements and lender credit card agreements may charge IV2 percent per month, i.e., 18 percent per year. In contrast, the maximum rate on a retail installment contract varies because it is tied to the 26-week treasury bill rates. Former RCW 63.14.130. In 1992 the maximum rate for a retail installment purchase was 11.75 percent,2 rather than 18 percent. The rate differential has been extinguished.3

The third difference is that a lender credit card agreement may not provide for a security interest to secure performance. The others may create a security interest. RCW 63.14.125.

[308]*308Our review of the granting of a summary judgment is governed by oft-stated rules which need not be repeated. Wilson v. Steinbach, 98 Wn.2d 434, 437, 656 P.2d 1030 (1982).

Before examining in detail the applicable statutes, it is helpful to consider the history of installment sales regulation. The general purpose of such legislation has been summarized thusly:

The principal function of these statutes appears simply to be the protection of credit consumers against excessive gouging by those dealers and financiers who, taking advantage of the public's notorious indifference to finance rates, exact exorbitant charges. That such overreaching is widespread is well known in the business community. Hence, these statutes stand, like the usury acts, above the fluctuations of the credit market, constituting the outer limits, as it were, of fiscal morality.

(Footnote omitted.) Warren, Regulation of Finance Charges in Retail Instalment Sales, 68 Yale L.J. 839, 854 (1958-1959).

As noted above, the retail installment contract requires the most detailed disclosure of the true cost of a credit purchase. This is recognized as the central purpose of the Washington statute:

The central provisions of the Retail Installment Sales Act concern the itemization and disclosure of amounts owed by the buyer .... These provisions are central because they allow the buyer to determine the price of the credit transaction and the price of its various components.

3 Washington State Bar Ass'n, Commercial Law Deskbook § 28.5(4), at SU-28-25 (1987).

The marked differences attaching to the three types of agreements authorized by the statute are consistent with the historical uses thereof:

[T]he disclosure requirements for retail charge agreements and lender credit card agreements, which comprise the principal regulations of such agreements, are much simpler than those applicable to retail installment contracts. The differences in regulation undoubtedly stem from the character of the transactions and perceived abuses and potential abuses with them.

(Italics ours.) 3 Commercial Law Deskbook § 28.5(11), at SU-28-43.

[309]*309More specifically, the history demonstrates that the type of goods purchased by these plaintiffs, a clothes dryer and a dishwasher, represent the typical retail installment contract transaction. The authors of the Washington Commercial Law Deskbook, more than 20 years after the enactment of RISA, noted this substantial difference:

Retail installment contracts generally have been used in the sale of medium to high-priced items, such as automobiles and major appliances. See Curran, Trends in Consumer Credit Legislation, 11 (1965). A retail charge or revolving charge agreement, on the other hand, is an agreement prescribing the terms under which a buyer may make various credit purchases from a seller from time to time. See, RCW 63.14-.010(10). . . . Revolving charge agreements generally are employed by department and other stores in the sale of items relatively lower priced than those mentioned above (Curran, supra) and frequently involve the use of a charge card. . . . Some of the substantive and remedial provisions of the Act apply to all three types of retail installment transactions; some, however, relate exclusively to one type or another. The transactions are treated differently because of the different manner of effecting and performing under the agreements.

3 Commercial Law Deskbook § 28.3(1), at SU-28-6, -7.

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Bluebook (online)
841 P.2d 27, 120 Wash. 2d 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zachman-v-whirlpool-acceptance-corp-wash-1993.