Klem v. Washington Mutual Bank , 176 Wash. 2d 771 ( 2013 )

Fairhurst, J.

¶80 (concurring) — I concur in the majority’s clarification that the judiciary retains the power to determine that an act is unfair within the meaning of the Consumer Protection Act, chapter 19.86 RCW, and the result it reaches in this case. However, this court has long avoided analysis of constitutional issues when it can avoid doing so. Footnote 11 needlessly, and likely incorrectly, appears to cast doubt on the deed of trust act, chapter 61.24 RCW. Majority at 790 n.11. Consequently, I join the majority opinion except for footnote 11.