NWCLC Submits Amicus Brief Supporting Truth in Consumer Marketing

Northwest Consumer Law Center (NWCLC), National Association of Consumer Advocates (NACA), and National Consumer Law Center (NCLC) joined together to submit an amicus brief in Shellenberger v. AIG Warrantyguard at the Ninth Circuit Court of Appeals. This amicus brief supports a consumer appeal currently before the Ninth Circuit. The case challenges a ruling by the U.S. District Court in Washington that allows companies to make misleading claims in marketing materials, so long as they include a generic disclaimer referring consumers to terms and conditions online.

At the center of the appeal is a senior citizen who purchased a KitchenAid service plan after receiving a marketing letter promising full coverage with no out-of-pocket costs. When her dishwasher failed, the company denied repair service and instead offered a discounted “buyout,” then prematurely canceled her three-year plan—actions based on undisclosed terms not included in the marketing letter.

The district court ruled that the company’s disclaimer—“Subject to limitations. See our website for full terms and conditions.”—was sufficient to shield it from liability under Washington’s Consumer Protection Act (CPA). The amicus brief argues this decision sets a dangerous precedent by weakening state consumer protections and encouraging deceptive marketing practices.

The brief highlights how Washington law offers strong safeguards against unfair and deceptive business conduct. It urges the appellate court to reverse the lower court’s decision and uphold the right of consumers to rely on the truthfulness of marketing representations.

Read the brief here.