(Violations of RCW 80.36.400)  For Plaintiff’s first claim against Defendant, Plaintiff alleges:    (Violation of Washington Consumer Protection Act, RCW 19.86 et seq.)  For Plaintiff’s second claim against Defendant, Plaintiff alleges:    4.1  Defendant is in the business of offering credit card and debit card processing for  merchant accounts.  On the website www.elect-mer.com, apparently a marketing website for  Defendant’s products and services, it states that “Accept Credit Cards at Electronic Merchant  Systems offers some of the lowest rates in the country” and that the company is “[o]ne of the  nation’s largest credit card processing companies” that “has been trusted for over 22 years by  thousands of clients nationwide to handle credit card transactions.”     4.2  As part of its business, Defendant identifies merchants who want to enter into  merchant service agreements with banks for the processing and management of the merchant’s  retail credit card transactions.  Upon information and belief, pursuant to Defendant’s  agreement(s) with banks to solicit merchants, Defendant receives compensation.     5.1.  Reallegation:  Plaintiff realleges and incorporates by reference the preceding  paragraphs.     5.2.  Violation:  Defendant and/or its agents, affiliates and/or others acting on behalf  has continually and repeatedly violated RCW 80.36.400(2) by using ADADs to leave recorded  messages for the purpose of encouraging Plaintiff and the Class to purchase Defendant’s   products and/or services.     6.1.  Reallegation:  Plaintiff realleges and incorporates by reference the preceding  paragraphs.     6.2.  Violation:  Pursuant to RCW 80.36.400(3), which provides that a violation of  RCW 80.36.400 is a violation of RCW 19.86 et seq., the WCPA, Defendant and/or its agents,  affiliates and/or others acting on Defendant’s behalf have continually and repeatedly violated  the CPA by using ADADs to leave recorded messages for the purpose of encouraging Plaintiff  and the Class to purchase Defendant’s products and/or services.     6.3  Damages:  As a result of Defendant’s and/or its affiliates, agents and/or others  acting on Defendant’s behalf’s violations of RCW 80.36.400(2), Plaintiff and the Class have  sustained damages, including $500 in statutory damages for each and every call in violation of  the WADAD.  The full amount of damages will be proven at trial.  Plaintiff and Class members  are entitled to recover actual damages and treble damages, together with reasonable attorneys’  fees and costs, pursuant to RCW 19.86.090.    6.4  Under the WCPA, Plaintiff and members of the Class are also entitled to, and do  seek, injunctive relief prohibiting Defendant and /or its affiliates, agents and/or others acting on  Defendant’s behalf from violating the WCPA in the future.  7.1.  Plaintiff realleges the foregoing paragraphs as if fully stated herein.  