{"data":{"id":"us-wa/rcw-62a.9a-628","jurisdiction":"us-wa","citation":"RCW 62A.9A-628","heading":"Nonliability and limitation on liability of secured party; liability of secondary obligor.","body":"(a) Limitation of liability of secured party for noncompliance with article. Subject to subsection (f) of this section, unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person:\n(1) The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this Article; and\n(2) The secured party's failure to comply with this Article does not affect the liability of the person for a deficiency.\n(b) Limitation of liability based on status as secured party. Subject to subsection (f) of this section, a secured party is not liable because of its status as secured party:\n(1) To a person that is a debtor or obligor, unless the secured party knows:\n(A) That the person is a debtor or obligor;\n(B) The identity of the person; and\n(C) How to communicate with the person; or\n(2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:\n(A) That the person is a debtor; and\n(B) The identity of the person.\n(c) Limitation of liability if reasonable belief that transaction not a consumer-goods transaction or consumer transaction. A secured party is not liable to any person, and a person's liability for a deficiency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on:\n(1) A debtor's representation concerning the purpose for which collateral was to be used, acquired, or held; or\n(2) An obligor's representation concerning the purpose for which a secured obligation was incurred.\n(d) Limitation of liability for statutory damages. A secured party is not liable to any person under RCW 62A.9A-625(c)(2) for its failure to comply with RCW 62A.9A-616.\n(e) Limitation of multiple liability for statutory damages. A secured party is not liable under RCW 62A.9A-625(c)(2) more than once with respect to any one secured obligation.\n(f) Exception: Limitation of liability under subsections (a) and (b) of this section does not apply. Subsections (a) and (b) of this section do not apply to limit the liability of a secured party to a person if, at the time the secured party obtains control of collateral that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral, whichever is later:\n(1) The person is a debtor or obligor; and\n(2) The secured party knows that the information in subsection (b)(1)(A), (B), or (C) of this section relating to the person is not provided by the collateral, a record attached to or logically associated with the collateral, or the system in which the collateral is recorded.","path":["Title 62A","Chapter 62A.9A"],"source_url":"https://app.leg.wa.gov/rcw/default.aspx?cite=62A.9A-628","current_through":"July 15, 2026","vintage":"","retrieved_at":"2026-09-06T03:39:28Z","sha256":"53ec53e2786560f1df6f9d937b5df9310ae5f0ce755824ba0e0c88b2461044bb","source_id":"us-wa","stale":false,"prev":"us-wa/rcw-62a.9a-627","next":"us-wa/rcw-62a.9a-701"},"notice":"GroundRules: Original legal text. Not legal advice."}