Shawnna Montes v. Sparc Group, LLC

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SHAWNNA MONTES, on behalf of No. 23-35496 herself and all others similarly situated, D.C. No. 2:22-cv-00201- Plaintiff-Appellant, TOR

v. ORDER

CERTIFYING

SPARC GROUP, LLC, QUESTION TO

THE

Defendant-Appellee. WASHINGTON

SUPREME

COURT

Filed May 9, 2025

Before: Sidney R. Thomas, Kim McLane Wardlaw, and Daniel P. Collins, Circuit Judges.

Order; Concurrence by Judge Collins MONTES V. SPARC GROUP, LLC

SUMMARY*

Washington’s Consumer Protection Act

In an action involving the scope of injury protected by Washington’s Consumer Protection Act, the panel certified the following question to the Washington Supreme Court:

When a seller advertises a product’s price, coupled with a misrepresentation about the product’s discounted price, comparative price, or price history, does a consumer who purchases the product because of the misrepresentation suffer an “injur[y] in his or her business or property” under Wash. Rev. Code §§ 19.86.020 and 19.86.090 if the consumer pays the advertised…