(1) In lieu of or in addition to suspending or revoking a discount plan organization's license under RCW 48.155.020(8), whenever the commissioner has cause to believe that any person is violating or is about to violate any provision of this chapter or any rules adopted under this chapter or any order of the commissioner, the commissioner may:

     (a) Issue a cease and desist order; and

     (b) After hearing or with the consent of the discount plan organization and in addition to or in lieu of the suspension, revocation, or refusal to renew any license, impose a monetary penalty of not less than one hundred dollars for each violation and not more than ten thousand dollars for each violation.

     (2) A person that willfully operates as or aids and abets another operating as a discount plan organization in violation of RCW 48.155.020(1) commits insurance fraud and is subject to RCW 48.15.020 and 48.15.023, as if the unlicensed discount plan organization were an unauthorized insurer, and the fees, dues, charges, or other consideration collected from the members by the unlicensed discount plan organization or marketer were insurance premiums.

     (3) A person that collects fees for purported membership in a discount plan but willfully fails to provide the promised benefits commits a theft and upon conviction is subject to the provisions of Title 9A RCW. In addition, upon conviction, the person shall pay restitution to persons aggrieved by the violation of this chapter.

     (4) Any person damaged by acts that violate this chapter may maintain an action for the recovery of damages caused by that act or acts.

     (a) An action for violation of this section may be brought:

     (i) In the county where the plaintiff resides;

     (ii) In the county where the plaintiff conducts business; or

     (iii) In the county where the discount plan was sold, marketed, promoted, advertised, or otherwise distributed.

     (b) The acceptance or use of any discount plan or discount plan card does not operate as a waiver of any civil, criminal, or administrative claim that may be asserted under this chapter.

[2009 c 175 § 16.]