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A BILL 1
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26-174 3
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6
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_________________________ 8
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To amend the Attorney General for the District of Columbia Clarification and Elected Term 11
Amendment Act of 2010 to authorize the use of interrogatories in investigations; to 12
amend the Criminal Abuse and Neglect of Vulnerable Adults Act of 2000 to clarify that 13
injunctive relief may include affirmative action; to amend Chapter 39 of Title 28 of the 14
District of Columbia Official Code to clarify the application of the Consumer Protection 15
Procedures Act and provide enhanced remedies to secure compliance, to authorize fines, 16
costs, and fees for failure to fully comply with an investigative subpoena, to clarify that 17
that Federal Trade Commission precedents should be interpreted in a manner most 18
favorable to consumers, to grant additional consumer protection enforcement authority to 19
the Department of Licensing and Consumer Protection, to clarify that the Office of 20
Administrative Hearings has jurisdiction over appeals of action taken by the Department 21
of Licensing and Consumer Protection, to clarify that unlawful and abusive trade 22
practices are prohibited, to provide that overcharging consumers for goods and services, 23
failure to post the price of goods, services and merchandise, and the failure to comply 24
with construction industry standards are unfair and deceptive trade practices, to prohibit 25
retaliation for consumer complaints and aiding and abetting prohibited trade practices, to 26
clarify complaint procedures, to expressly authorize asset freezes as injunctive relief, to 27
set mandatory minimum penalties for violations and recovery of costs and fees for 28
enforcement and investigative measures in Attorney General actions, to require 29
confidentiality agreements and protective orders entered into by the Attorney General to 30
permit sharing confidential documents with law enforcement agencies abiding by the 31
agreement or protective order, to authorize the use of interrogatories in investigations, to 32
specify that service may be made by any method reasonably calculated to give actual 33
notice, to allow use of sworn investigative statements for perjury prosecutions, and to 34
allow the Mayor to issue rules concerning the Department of Licensing and Consumer 35
Protection and the Attorney General to issue any other rules necessary to carry out the 36
chapter. 37
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 39
act may be cited as the “Enhancing Consumer Protection Procedures Amendment Act of 2026”. 40
Sec. 2. The Attorney General for the District of Columbia Certification and Elected Term 41
Amendment Act of 2010, effective May 27, 2010 (D.C. Law 18-160; D.C. Official Code § 1-42
301.81 et seq.), is amended as follows: 43
(a) Section 108d (D.C. Official Code § 1–301.88d) is amended to read as follows: 44
“Sec. 108d. Authority to issue subpoenas in investigation of consumer protection matters. 45
“(a) In an investigation into unfair, deceptive, unconscionable, or fraudulent trade 46
practices by or between a merchant or consumer, as defined in D.C. Official Code § 28-3901, the 47
Attorney General or the Attorney General’s designee may: 48
“(1) Subpoena individuals or corporate representatives; 49
“(2) Administer oaths; 50
“(3) Examine individuals or corporate representatives under oath; 51
“(4) Require sworn answers in writing to written interrogatories; or 52
“(5) Compel production of records, books, papers, contracts, and other 53
documents, verified by a sworn certificate of completion. 54
“(b) Subpoenas or interrogatories issued pursuant to subsection (a) of this section or D.C. 55
Official Code § 28-3910 shall contain the following: 56
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“(1) The name of the person from whom testimony is sought or the documents or 57
materials requested; 58
“(2) The person at the Office of the Attorney General to whom the documents 59
shall be provided; 60
“(3) A detailed list of the specific documents, books, papers, or objects being 61
requested, if any; 62
“(4) The date, time, and place that the recipient is to appear to give testimony or 63
produce the materials specified under paragraph (3) of this subsection, or both; 64
“(5) A short, plain statement of the recipient’s rights and the procedure for 65
enforcing and contesting the subpoena; and 66
“(6) The signature of the Attorney General or the Attorney General’s designee 67
approving the subpoena request. 68
“(c) Unless otherwise permitted by the Office of the Attorney General, only attorneys for 69
the Office of the Attorney General and their staff, other people involved in the investigation, the 70
witness under examination, his or her attorney, interpreters when needed, and, for the purpose of 71
taking the evidence, a stenographer or operator of a recording device may be present during the 72
taking of testimony. 73
“(d) In the case of refusal to comply fully with a subpoena or interrogatories issued under 74
this section, the Attorney General may petition the Superior Court of the District of Columbia for 75
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an order requiring complete compliance and where appropriate, imposing a fine payable to the 76
District. In assessing any fine for incomplete or inadequate compliance with the subpoena, the 77
court shall consider the income and assets of the person or entity being fined to ensure that the 78
monetary fine meaningfully deters inadequate compliance. Any failure to obey the order of the 79
court may be treated by the court as contempt. 80
“(e) Any person to whom a subpoena has been issued under this section or pursuant to 81
D.C. Official Code § 28-3910 may exercise the privileges enjoyed by all witnesses, and may 82
move to quash or modify the subpoena in the Superior Court of the District of Columbia on 83
grounds including: 84
“(1) The Attorney General failed to follow or satisfy the procedures set forth in 85
this section; or 86
“(2) Any grounds that exist under statute or common law for quashing or 87
modifying a subpoena or request for interrogatories. 88
“(f) In any action in the Superior Court of the District of Columbia pertaining to a 89
subpoena issued under this section, or pursuant to 28-3910, the Attorney General shall be entitled 90
to recover the costs of the action and reasonable attorneys’ fees.”. 91
(b) Section 108e (D.C. Official Code § 1–301.88e) is amended to read as follows: 92
“Sec. 108e. Authority to issue subpoenas in matters involving the financial exploitation of 93
vulnerable adults and the elderly. 94
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“(a) Notwithstanding section 110(a), and subject to the requirements of this section, for 95
the purposes of seeking relief under sections 207 and 208 of the Criminal Abuse and Neglect of 96
Vulnerable Adults Act of 2000, effective November 23, 2016 (D.C. Law 21-166; D.C. Official 97
Code §§ 22-937 and 22-938), the Attorney General or the Attorney General’s designee shall have 98
the authority to: 99
“(1) Subpoena individuals or corporate representatives; 100
“(2) Administer oaths; 101
“(3) Examine individuals or corporate representatives under oath; 102
“(4) Require sworn answers in writing to written interrogatories; or 103
“(5) Compel production of records, books, papers, contracts, and other 104
documents, verified by a sworn certificate of completion. 105
“(b)(1) Authority established by this section may only be used in furtherance of seeking 106
relief under sections 207 and 208 of the Criminal Abuse and Neglect of Vulnerable Adults Act of 107
2000, effective November 23, 2016 (D.C. Law 21-166; D.C. Official Code §§ 22-937 and 22-108
938). 109
“(2) Testimony obtained pursuant to this authority shall not be used in furtherance 110
of a criminal investigation related to a violation of section 203a of the Criminal Abuse and 111
Neglect of Vulnerable Adults Act of 2000, effective November 23, 2016 (D.C. Law 21-166; D.C. 112
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Official Code § 22-933.01), and shall not be admissible in a criminal proceeding against the 113
person who provided the information. 114
“(c) The Attorney General shall not have authority under this section if an indictment, 115
information, or petition has been filed with the court formally charging the target of the 116
investigation with a violation of section 203a of the Criminal Abuse and Neglect of Vulnerable 117
Adults Act of 2000, effective November 23, 2016 (D.C. Law 21-166; D.C. Official Code § 22-118
933.01). 119
“(d) Powers pursuant to this section shall not be delegated other than to the Chief Deputy 120
Attorney General, a Deputy Attorney General, or an Assistant Deputy Attorney General. 121
“(e) Subpoenas or requests for interrogatories issued pursuant to this section shall contain 122
the information required in section 108(b). 123
“(f) Unless otherwise permitted by the Office of the Attorney General, only attorneys for 124
the Office of the Attorney General and their staff, other people involved in the investigation, the 125
witness under examination, his or her attorney, interpreters when needed, and, for the purpose of 126
taking the evidence, a stenographer or operator of a recording device may be present during the 127
taking of testimony. 128
“(g) In the case of refusal to obey a subpoena or request for interrogatories issued under 129
this section, the Attorney General may petition the Superior Court of the District of Columbia for 130
an order requiring compliance and where appropriate, imposing a fine payable to the District. 131
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Any failure to obey the order of the court may be treated by the court as contempt. In any action 132
in the Superior Court of the District of Columbia pertaining to a subpoena issued under this 133
section, the Attorney General shall be entitled to recover the costs of the action and reasonable 134
attorneys’ fees. 135
“(h) Any person to whom a subpoena or request for interrogatories has been issued under 136
this section may exercise the privileges enjoyed by all witnesses and may move to quash or 137
modify the subpoena in the Superior Court of the District of Columbia for the following reasons, 138
including: 139
“(1) The Attorney General failed to follow or satisfy the procedures set forth in 140
this section; 141
“(2) The Attorney General lacked the authority to issue the subpoena or request 142
for interrogatories under this section; or 143
“(3) Any other grounds that exist under statute or common law for quashing or 144
modification of a subpoena or request for interrogatories.”. 145
Sec. 3. The Criminal Abuse and Neglect of Vulnerable Adults Act of 2000, effective June 146
8, 2001 (D.C. Law 13-301; D.C. Official Code § 22-931 et seq.), is amended as follows: 147
(a) Section 207(a)(1) (D.C. Official Code § 22–937(a)(1)) is amended to read as follows: 148
“(1) A temporary or permanent injunction, including requiring the violator to take 149
affirmative action;”. 150
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(b) Section 208(a) (D.C. Official Code § 22–938(a)) is amended as follows: 151
(1) Paragraph (1) is amended to read as follows: 152
“(1) A temporary restraining order, including requiring the violator to take 153
affirmative action;”. 154
(2) Paragraph (2) is amended to read as follows: 155
“(2) A preliminary injunction, including requiring the violator to take affirmative 156
action;”. 157
Sec. 4. Chapter 39 of Title 28 of the District of Columbia Official Code is amended as 158
follows: 159
(a) Section 28-3901 is amended as follows: 160
(1) Subsection (a) is amended as follows: 161
(A) Paragraph (2) is amended to read as follows: 162
“(2) “Consumer” means: 163
“(A) When used as a noun, a person who, other than for purposes of 164
resale, does or would purchase, lease (as lessee), or receive consumer goods or services, 165
including as a co-obligor or surety, or does or would otherwise provide the economic demand for 166
a trade practice, or who donates money or goods to a charitable purpose or other non-profit 167
organization; 168
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“(B) When used as an adjective, describes anything, without exception, 169
that: 170
“(i) A person does or would purchase, lease (as lessee), or receive 171
and normally use for personal, household, or family purposes, or money or goods a person 172
donates or would donate to a charitable purpose or other non-profit organization; or 173
“(ii) A person described in § 28-3905(k)(1)(B) or (C) purchases or 174
receives in order to test or evaluate qualities pertaining to use for personal, household, family, or 175
charitable purposes.”. 176
(B) Paragraph (3) is amended to read as follows: 177
“(3) “Merchant” means a person, whether organized or operating for profit or for 178
a nonprofit purpose, who in the ordinary course of business does or would sell, lease (to), supply, 179
or transfer, either directly or indirectly and with or without cost to the consumer, consumer goods 180
or services, or a person who in the ordinary course of business does or would supply the goods or 181
services that are or would be the subject matter of a trade practice. For the purposes of this 182
chapter: 183
“(A) A person need not have a contractual relationship with the consumer 184
to qualify as a merchant; 185
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“(B) Except as provided in subsection (e) of this section, "merchant" does 186
not include the District of Columbia, its agencies or instrumentalities, or any employee thereof 187
acting within the scope of the employee's official duties;” 188
“(C) A merchant may also include a person, who, in the ordinary course of 189
business, provides goods or services to or on behalf of a merchant in the course of, related to, or 190
incidental to a consumer transaction; 191
“(D) A merchant shall include the successors or assigns of a merchant, and 192
such successors or assigns shall be subject to the same claims and defenses the consumer had 193
against any predecessor merchant; and 194
“(E) A merchant shall include persons involved in the conduct or 195
execution of a charitable solicitation. 196
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(C) Paragraph (6) is amended by striking the phrase “a sale, lease or 198
transfer, of consumer goods or services;” and inserting the phrase “a sale, lease, or transfer of a 199
consumer good or service, or charitable solicitation;” in its place. 200
(D) Paragraph (7) is amended by striking the phrase “real estate 201
transactions, and consumer services of all types;” and inserting the phrase “charitable donations, 202
real estate transactions, and consumer services of all types;” in its place. 203
(E) Paragraph (10) is amended to read as follows: 204
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“(10) “Chief of the Office of Enforcement” means the senior administrative 205
officer of the Department’s Office of Enforcement who is delegated the responsibility of carrying 206
out certain duties specified under § 28-3905;”. 207
(F) Paragraph (11) is repealed. 208
(G) Paragraph (12) is amended by striking the phrase “; and” and inserting 209
a semicolon in its place. 210
(H) Paragraph (13) is repealed. 211
(I) Paragraph (14)(B) is amended by striking the period and inserting a 212
semicolon in its place. 213
(J) Paragraph (15) is amended by striking the period and inserting the 214
phrase “; and” in its place. 215
(K) A new paragraph (16) is added to read as follows: 216
“(16) “Infant formula product” means a food which purports to be, or is 217
represented for special dietary use solely as, a food for infants by reason of its simulation of 218
human milk or its suitability as a complete or partial substitute for human milk.”. 219
(2) Subsection (b) is amended as follows: 220
(A) Paragraph (1) is amended to read as follows: 221
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“(1) assure that a just mechanism exists to remedy all improper trade practices, by 222
any merchant and at any stage or related or necessary point in the economic process whether 223
before, during the course of, or after the original transaction;”. 224
(B) Paragraph (2) is amended by striking the phrase “; and” and inserting a 225
semicolon in its place. 226
(C) Paragraph (3) is amended by striking the period and inserting the 227
phrase “; and” in its place. 228
(D) A new paragraph (4) is added to read as follows: 229
“(4) deter the continuing use of such practices.”. 230
(3) Subsection (d) is amended to read as follows: 231
“(d) In construing the terms of this chapter, due consideration and weight shall be given 232
to: 233
“(1) The interpretation by the Federal Trade Commission and the federal courts of 234
the term "unfair or deceptive act or practice", as employed in section 5(a) of An Act To create a 235
Federal Trade Commission, to define its powers and duties, and for other purposes, approved 236
September 26, 1914 (38 Stat. 719; 15 U.S.C. § 45(a)); 237
“(2) Interpretative guidance, including the Guides for the Use of Environmental 238
Marketing Claims published by the Federal Trade Commission (the “Green Guides,” 16 C.F.R. 239
Part 260); and 240
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“(3) The interpretation by the Consumer Financial Protection Bureau and the 241
federal courts of the term "abusive act or practice", as employed in section 1031(d) of the Dodd-242
Frank Wall Street Reform and Consumer Protection Act, approved July 21, 2010 (124 Stat. 2005; 243
12 U.S.C. § 5531(d)).”. 244
(4) A new subsection (f) is added to read as follows: 245
“(f) In any action brought under this chapter, the burden of proof shall be by the 246
preponderance of the evidence, unless otherwise specified in this chapter.”. 247
(b) Section 28-3902 is amended as follows: 248
(1) Subsection (c) is amended to read as follows: 249
“(c) The Director of the Department of Licensing and Consumer Protection shall exercise 250
the powers set forth in § 28-3905 through the Office of Enforcement, and shall appoint a Chief of 251
the Office of Enforcement, who may carry out investigative, conciliatory, and other duties 252
assigned by the Director.”. 253
(2) Subsection (e) is repealed. 254
(3) Subsection (i) is repealed. 255
(c) Section 28-3903 is amended as follows: 256
(1) Subsection (a) is amended as follows: 257
(A) New paragraphs (3A), (3B), and (3C) are added to read as follows: 258
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“(3A) Summarily suspend a license for failure to comply with the Department’s 259
cease and desist order as determined by the Department in accordance with § 28-3903a; 260
“(3B) Summarily suspend a license if the Department determines that trade 261
practices are in violation of District law and present an imminent danger to the health, safety, or 262
welfare of persons in the District in accordance with § 28-3903a; 263
“(3C) Summarily close a business if the Department determines that the trade 264
practices are in violation of District law and present an imminent danger to the health, safety, or 265
welfare of persons in the District in accordance with § 28-3903a;”. 266
(B) Paragraph (6) is amended by striking the phrase “the interest of the 267
District of Columbia consumer public;” and inserting the phrase “the interest of consumers in the 268
District of Columbia;” in its place. 269
(C) Paragraph (7) is amended by striking the phrase “to the consumer 270
public of the District of Columbia;” and inserting the phrase “to consumers in the District of 271
Columbia;” in its place. 272
(D) Paragraph (9) is amended by striking the phrase “promote the welfare 273
of District of Columbia consumers;” and inserting the phrase “promote the welfare of consumers 274
in the District of Columbia;” in its place. 275
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(E) Paragraph (12) is amended by striking the phrase “and sign consent 276
decrees;” and inserting the phrase “and sign consent decrees and settlement agreements;” in its 277
place. 278
(F) Paragraph (17) is amended by striking the phrase “Class 2 infraction” 279
and inserting the phrase “Class 1 infraction” in its place. 280
(d) A new section 28-3903a is added to read as follows: 281
Ҥ 28-3903a. Cease and desist orders; summary suspension; summary closure. 282
“(a) If the Department, after investigation, determines that a person is violating any 283
provision of this chapter and the violation has caused, or may cause, an imminent danger to the 284
health, safety, or welfare of residents of the District, the Department may issue an order requiring 285
the alleged violator to cease and desist immediately from the violation. The order shall be served 286
by certified mail or delivery in person. 287
“(b) If a person fails to comply with a lawful order to cease and desist from the 288
Department under this section, the Department may summarily suspend a license as set forth in 289
this section without a hearing. 290
“(c) If the Department determines, after an investigation, a merchant has violated a 291
provision in this chapter and its violation presents an immediate danger to the health, safety, and 292
welfare of persons in the District the Department may summarily close the business without a 293
hearing. 294
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“(d) If the Department orders the summary suspension of a license or summary closure 295
pursuant to subsection (b) or (c) of this section, the Department shall post 2 notices in 296
conspicuous places at or near the main street entrance of the outside of the establishment. 297
“(e) The posted notice shall state that the license has been suspended or the establishment 298
has been summarily closed, the period of suspension or closure, and that the suspension or 299
closure is ordered because of a violation of this chapter or of the regulations promulgated under 300
this chapter. 301
“(f) Any person willfully removing, obliterating, or defacing the notice shall be guilty of 302
a violation of this chapter. 303
“(h) Every decision and order adverse to a person shall be in writing and shall be 304
accompanied by findings of fact and conclusions of law. The findings shall be supported by, and 305
in accordance with, reliable, probative, and substantial evidence. The Office of Administrative 306
Hearings shall provide a copy of the decision and order and accompanying findings of fact and 307
conclusions of law to each party to a case or to his or her attorney of record. 308
“(i) A person aggrieved by a final summary action may file an appeal in accordance with 309
the procedures set forth in § 1-1831.16.”. 310
(e) Section 28-3904 is amended to read as follows: 311
Ҥ 28-3904. Unfair,deceptive and abusive trade practices. 312
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“(a) It shall be a violation of this chapter for any merchant to engage in an unfair, 313
deceptive, or abusive trade practice, whether or not any consumer is in fact misled, deceived, or 314
damaged thereby. Without limiting the general application of the foregoing, it is an unfair, 315
deceptive, or abusive trade practice prohibited by this chapter to: 316
“(1) Represent that goods or services have a source, sponsorship, approval, 317
certification, licensure, accessories, characteristics, ingredients, uses, benefits, or quantities that 318
they do not have; 319
“(2) Represent that the person has a sponsorship, approval, status, affiliation, 320
certification, licensure, or connection that the person does not have; 321
“(3) Represent that goods are original or new if in fact they are deteriorated, 322
altered, reconditioned, reclaimed, or second hand, or have been used; 323
“(4) Represent that goods or services are of particular standard, quality, grade, 324
style, or model, if in fact they are of another; 325
“(5) Misrepresent as to a material fact which has a tendency to mislead; 326
“(6) Represent that a transaction confers or involves rights, remedies, or 327
obligations which it does not have or involve, or which are prohibited by law; 328
“(7) Fail to state a material fact if such failure tends to mislead; 329
“(8) Use innuendo or ambiguity as to a material fact, which has a tendency to 330
mislead; 331
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“(9) Disparage the goods, services, or business of another by false or misleading 332
representations of material facts; 333
“(10) Advertise or offer goods or services without the intent to sell them or 334
without the intent to sell them as advertised or offered; 335
“(11) Advertise or offer goods or services without supplying reasonably expected 336
public demand, unless the advertisement or offer discloses a limitation of quantity or other 337
qualifying condition which has no tendency to mislead; 338
“(12) Advertising, displaying, or offering a price for a good or service that does 339
not include all mandatory fees or charges other than: 340
“(A) Taxes or fees imposed by a government on the transaction; and 341
“(B) Postage or carriage charges that will be reasonably and actually 342
incurred to ship the physical good to the consumer; 343
“(13) Make false or misleading representations of fact concerning the reasons for, 344
existence of, or amounts of price reductions, or the price in comparison to price of competitors or 345
one’s own price at a past or future time; 346
“(14) Falsely state that services, replacements, or repairs are needed; 347
“(15) Falsely state the reasons for offering or supplying goods or services at sale 348
or discount prices; 349
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“(16) Harass or threaten a consumer with any act other than legal process, either 350
by telephone, cards, letters, or any form of electronic or social media; 351
“(17) Cease work on, or return after ceasing work on, an electrical or mechanical 352
apparatus, appliance, chattel or other goods, or merchandise, in other than the condition 353
contracted for, or to impose a separate charge to reassemble or restore such an object to such a 354
condition without notification of such charge prior to beginning work on or receiving such 355
object; 356
“(18) Replace parts or components in an electrical or mechanical apparatus, 357
appliance, chattel or other goods, or merchandise when such parts or components are not 358
defective, unless requested by the consumer; 359
“(19) Falsely state or represent that repairs, alterations, modifications, or servicing 360
have been made and receiving remuneration therefor when they have not been made; 361
“(20) Fail to supply to a consumer a copy of a sales or service contract, lease, 362
promissory note, trust agreement, or other evidence of indebtedness which the consumer may 363
execute; 364
“(21) Make or enforce unconscionable terms or provisions of sales, leases, or any 365
other form of consumer contract, agreement, or transaction; in applying this subsection, 366
consideration shall be given to the following, and other factors: 367
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“(A) Knowledge by the merchant at the time credit sales are consummated 368
that there was no reasonable probability of payment in full of the obligation by the consumer; 369
“(B) Knowledge by the merchant at the time of the sale or lease of the 370
inability of the consumer to receive substantial benefits from the property or services sold or 371
leased; 372
“(C) Gross disparity between the price of the property or services sold or 373
leased and the value of the property or services measured by the price at which similar property 374
or services are readily obtainable in transactions by like buyers or lessees; 375
“(D) That the merchant contracted for or received separate charges for 376
insurance with respect to credit sales with the effect of making the sales, considered as a whole, 377
unconscionable; and 378
“(E) That the merchant has knowingly taken advantage of the inability of 379
the consumer reasonably to protect their interests in selecting or using the product or service by 380
virtue of circumstances such as age, physical or mental abilities, lack of relevant knowledge, 381
reading ability, or difficulty understanding the language of the agreement, or similar factors; 382
“(22) Pass off goods or services as those of another; 383
“(23) Use deceptive representations or designations of geographic origin in 384
connection with goods or services; 385
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“(24) Represent that the subject of a transaction has been supplied in accordance 386
with a previous representation when it has not; 387
“(25) Misrepresent the authority of a salesman, representative or agent to 388
negotiate the final terms of a transaction; 389
“(26) Offer for sale or distribute any consumer product which is not in conformity 390
with an applicable consumer product safety standard or has been ruled a banned hazardous 391
product under the federal Consumer Product Safety Act, as amended by the Consumer Product 392
Safety Improvement Act (15 U.S.C. § 2051-83), without holding a certificate issued in 393
accordance with section 14(a) of that Act to the effect that such consumer product conforms to 394
all applicable consumer product safety rules (unless the certificate holder knows that such 395
consumer product does not conform), or without relying in good faith on the representation of 396
the manufacturer or a distributor of such product that the product is not subject to a consumer 397
product safety rule issued under that Act; 398
“(27) Sell consumer goods in a condition or manner not consistent with that 399
warranted by operation of §§ 28:2-312 through 28:2-318, or by operation or requirement of 400
federal law; 401
“(28) Retaliate against any person for: 402
“(A) Filing a consumer complaint with any agency tasked with the 403
enforcement of these provisions; 404
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“(B) Filing a lawsuit in court pursuant to this chapter; 405
“(C) Making any manner of complaint, grievance, or communication to a 406
company accused of violating provisions of this chapter; or 407
“(D) Assisting or participating in any manner in an investigation, 408
proceeding, or hearing under this chapter; 409
“(29) Materially interfere with the ability of a consumer to review or understand a 410
term or condition of a consumer contract, agreement, or transaction; or 411
“(30) Take unreasonable advantage of: 412
“(A) A lack of understanding on the part of the consumer of the material 413
risks, costs, or conditions of the product or service; 414
“(B) The inability of the consumer to protect their interests in selecting or 415
using a consumer financial product or service; or 416
“(C) The reasonable reliance by the consumer on a merchant purporting to 417
act in the interest of the consumer. 418
“(b) It shall be a violation of this chapter for any merchant to engage in a trade practice in 419
violation of any law or regulation in the context of a consumer transaction, whether or not any 420
consumer is in fact misled, deceived, or damaged thereby. Without limiting the general 421
application of the foregoing, it is an unlawful trade practice prohibited by this chapter to: 422
“(1) Violate any provision of Section § 28-3818; 423
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“(2) Violate any provision of Section § 28-3819 or, if a rental housing locator, to 424
refuse or fail to honor any obligation under a rental housing locator contract; 425
“(3) Violate any provision of Chapter 46 of this title; 426
“(4) Violate any provision of D.C. Official Code §§ 32-404, 32-405, 32-406, or 427
32-407; 428
“(5) Refuse to provide the repairs, refunds, or replacement motor vehicles or fails 429
to provide the disclosures of defects or damages required by D.C. Official Code§ 50-501 et seq.; 430
“(6) Violate any provision of D.C. Official Code §§ 42-2302, 42-2302, or 42-431
2303; 432
“(7) Violate any provision of Title 16 of the District of Columbia Municipal 433
Regulations; 434
“(8) Violate any provision of Chapter 16A of Title 31; 435
“(9) Violate any provision of Chapter 33 of this title; 436
“(10) Violate any provision of D.C. Official Code §§ 42-2431 et seq.; 437
“(11) Fail to make a disclosure as required by D.C. Official Code § 26-1113(a-1); 438
“(12) Violate any provision of Chapter 53 of this title; 439
“(13) Violate any agreement entered into pursuant to D.C. Official Code § 28-440
3909(c)(6); 441
“(14) Violate any provision of subchapter 2 of Chapter 38 of this title; 442
ENGROSSED ORIGINAL
24
“(15) Violate any provision of Chapter 54 of this title; 443
“(16) Sell or offer for sale any infant formula product at a price greater than 20% 444
above the average price at which that person sold or offered for sale a substantially similar infant 445
formula product in the District during the 90-day period preceding February 17, 2022, or, if the 446
person did not sell or offer for sale infant formula during the 90-day period preceding February 447
17, 2022, to sell or offer for sale any infant formula product at a price greater than 20% above the 448
average price at which substantially similar retailers sold or offered for sale substantially similar 449
infant formula products in the District during the 90-day period preceding February 17, 2022; 450
“(17) Violate any provision of D.C. Official Code § 28-3814; 451
“(18) Violate any provision of title 12 of the District of Columbia Municipal 452
Regulations; and 453
“(19) Violate any provision of D.C. Official Code § 29–102.01.”. 454
“(c) It shall be a violation of this chapter for a person, whether or not a merchant, to aid 455
and knowingly or recklessly abet the commission of an unfair, deceptive, abusive, or unlawful 456
trade practice by a merchant, and regardless of whether the manner in which the person aids and 457
abets the unlawful action is itself a trade practice.”. 458
(f) Section 28-3905 is amended to read as follows: 459
“28-3905. Complaint procedures. 460
ENGROSSED ORIGINAL
25
“(a) An investigation is begun by filing with the Department a complaint plainly 461
describing a trade practice and stating the complainant’s, and if different, the consumer’s name, 462
mailing address, and electronic mail address, and the respondent’s name, mailing address, and 463
electronic mail address, if known, and such other information the Director may require. The 464
complaint shall be in or reduced by the Director to writing. The filing of a complaint with the 465
Department shall toll the periods for limitation of time for bringing an action as set forth in § 12-466
301 until the complaint has been resolved through a final order issued by the Office of 467
Administrative Hearings, consent order, or settlement agreement. 468
“(b)(1) Except as provided in paragraph (2) of this subsection, the Director shall 469
investigate each such complaint and determine: 470
“(A) What trade practice actually occurred; and 471
“(B) Whether the trade practice which occurred violates any statute, 472
regulation, rule of common law, or other law of the District of Columbia. 473
“(2) The Director may, in their discretion, decline to investigate, in a whole or in 474
part, a complaint. If the Director declines to investigate, in a whole or in part, a complaint, they 475
shall notify the complainant, in writing, of the determination. 476
“(c) In carrying out an investigation and determination pursuant to subsection (b) of this 477
section, the Director shall consult the respondent and such other available sources of 478
information, and make such other efforts, as appropriate and necessary to carry out such duties. 479
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26
“(d) If at any time the Director finds that the trade practice complained of may, in whole 480
or in party, be a violation of law other than a law of the District of Columbia or a law within the 481
jurisdiction of the Department, the Director may in writing so inform the complainant, 482
respondent, and officials of the District, the United States, or other jurisdiction, who would 483
properly enforce such law. 484
“(e) The Director shall determine that there are, or are not, reasonable grounds to believe 485
that a trade practice, in violation of a law of the District of Columbia within the jurisdiction of 486
the Department, has occurred in any part or all of the case. The Director may find that there are 487
not such reasonable grounds for any of the following reasons: 488
“(1) any violation of law which may have occurred is of a law not of the District 489
of Columbia or not within the jurisdiction of the Department, or occurred more than 3 years prior 490
to filing of the complaint; 491
“(2) in case of paragraph (1) of this subsection does not apply, no trade practice 492
occurred in violation of any law of the District; 493
“(3) the respondent cannot be identified or located, or would not be subject to the 494
personal jurisdiction of the District of Columbia court; 495
“(4) the complainant, to the Director’s knowledge, no longer seeks redress in the 496
case; 497
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27
“(5) the complainant and respondent, to the Director’s knowledge, have 498
themselves reached an agreement which settles the case; or 499
“(6) the complainant can no longer be located. 500
“(f) The Director may reject and dismiss any part of a complaint to which one or more of 501
the reasons stated in subsection (e) of this section apply. The Director shall inform all parties in 502
writing of the determination, and, if any part or all of the complaint is rejected and dismissed, 503
shall specify which reason(s) in subsection (e) of this section apply to which part of the 504
complaint, and such other detail as is necessary to explain the rejection and dismissal. 505
“(g)(1) The Director, at any time, may attempt to settle a complaint for which reasonable 506
grounds are found in accordance with subsection (e) of this section. 507
“(2) The Department shall administer the settlement proceedings in a manner 508
determined by the Director or their designee. All settlement proceedings shall be informal and 509
include all interested parties and such representative as the parties may choose to represent them. 510
Such proceedings shall be private and confidential, and nothing said or done, except a consent 511
decree or settlement agreement, shall be made public or introduced into the record of a court of 512
competent jurisdiction by the Department or any party unless the parties jointly agree thereto in 513
writing. The representative of the Department may call settlement conferences. 514
ENGROSSED ORIGINAL
28
“(3) For persistent and unreasonable failure by the complainant to attend such 515
settlement conferences or to take part in other settlement proceedings, at the discretion of the 516
Director, they or their designee may dismiss the complaint. 517
“(4) A consent decree or settlement agreement described in paragraph (1) of this 518
subsection may only be modified by a joint agreement between the Department, the complainant, 519
and respondent. 520
“(h)(1) If complainant and the respondent are unable to reach a settlement in accordance 521
with subsection (g) of this section, and the Director has determined that there are reasonable 522
grounds that there is a trade practice that occurred in violation of District law, the Department 523
shall impose a civil fine, penalty or fee in accordance with subsection (i) of this section. 524
“(2) Appeals of civil fine, penalty or fee imposed by the Director pursuant to 525
paragraph (1) of this subsection shall be in accordance with Chapter 18A of Title 2 of the District 526
of Columbia Official Code. 527
“(i)(1) Civil fines, penalties, and fees may be imposed for a violation of this chapter 528
pursuant to Chapter 18 of Title 2. 529
“(2) A violation of this chapter shall constitute a Class I infraction pursuant to § 530
3200.1(a) of Title 16 of the District of Columbia Municipal Regulations (16 DCMR § 3200.1(a)). 531
“(3) Beginning on January 1, 2027, a fine amount for a violation of this chapter, 532
as set forth in § 3201.1 of Title 16 of the District of Columbia Municipal Regulations (16 DCMR 533
ENGROSSED ORIGINAL
29
§ 3201.1), shall be adjusted according to the most recent Consumer Price Index for All Urban 534
Consumers in the Washington Metropolitan Statistical area, as published by the United States 535
Bureau of Labor Statistics, and shall be posted in the D.C. Register on or after January 1 of every 536
year thereafter. 537
“(j)(1) After the Director’s determination as to whether the complaint is within the 538
Department’s jurisdiction, in accordance with subsection (e-1) of this section, the Director shall: 539
“(A) Effect a consent decree pursuant to subsection (g) of this section; 540
“(B) Reject and dismiss the complaint in accordance with subsection (f) of 541
this section; 542
“(C) Adhere to notification procedures outlined in Chapter 18 of Title 2. 543
“(2) When the case is transmitted to the Office of Administrative 544
Hearings, the Office of Enforcement shall sign, and serve the respondent, with a copy of the 545
Notice of Infraction. The case shall proceed under section 10 of the District of Columbia 546
Administrative Procedure Act (§ 2-509). The Director shall be a party on behalf of the 547
complainant. Applications to intervene shall be decided as may be proper or required by law or 548
rule. Reasonable discovery shall be freely allowed. Any finding or decision may be modified or 549
set aside, in whole or part, before a notice of appeal is filed in the case, or the time to so file has 550
run out. 551
ENGROSSED ORIGINAL
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“(k)(1)The Department, the complainant, or the respondent may file a complaint 552
in the Superior Court of the District of Columbia for a remedy, enforcement, or assessment or 553
collection of a civil penalty, when any violation, or failure to adhere to a provision of a consent 554
decree described in subsection (g) of this section has occurred, or a final order from the Office of 555
Administrative Hearings. The Department shall file a complaint in that Court for assessment of a 556
civil penalty when an order has been issued and become final. A failure by the Department or any 557
person to file a complaint or prosecute under this subparagraph in regard to any provision or 558
violation of a provision of any consent decree or order, shall not constitute a waiver of such 559
provision or any right under such provision. The Court shall levy the appropriate civil penalties, 560
and may order, if supported by evidence, temporary, preliminary, or permanent injunctions, 561
damages, treble damages, reasonable attorney’s fees, consumer redress, or other remedy. The 562
Court may set aside the final order if the Court determines that the Department lacked 563
jurisdiction over the respondent or that the complaint was frivolous. If, after considering an 564
application to set aside an order of the Department, the Court determines that the application was 565
frivolous or that the Department lacked jurisdiction, the Court shall award reasonable attorney’s 566
fees. 567
“(2) Application to the Court to enforce an order shall be made at no cost to the 568
District of Columbia or the complainant. 569
ENGROSSED ORIGINAL
31
“(3) The Attorney General for the District of Columbia shall represent the 570
Department in all proceedings described in this subsection. 571
“(l) If, at any time before notice of appeal of a final order issued by the Office of 572
Administrative Hearings in accordance with Chapter 18 of Title 2 is filed or the time to so file 573
has run out, the Director believes that legal action is necessary to preserve the subject matter of 574
the case, to prevent further injury to any party, or to enable the Department ultimately to order a 575
full and fair remedy in the case, the Department shall present the matter to the Office of 576
Administrative Hearings, which may issue a cease and desist order to take effect immediately, or 577
grant such other relief as will assure a just adjudication of the case, in accordance with such 578
beliefs of the Director which are substantiated by evidence. Any person aggrieved by an order 579
from the Office of Administrative Hearings may appeal in accordance with Chapter 18A of Title 580
2. 581
“(m)(1)(A) A consumer may bring an action seeking relief from the use of a trade 582
practice in violation of a law of the District. 583
“(B) An individual may, on behalf of that individual, or on behalf of both 584
the individual and the general public, bring an action seeking relief from the use of a trade 585
practice in violation of District law or regulations when that trade practice involves consumer 586
goods or services that the individual purchased or received in order to test or evaluate qualities 587
pertaining to use for person, household, family, or charitable purposes. 588
ENGROSSED ORIGINAL
32
“(C) A nonprofit organization may, on behalf of itself or any of its 589
members, or on any such behalf and on behalf of the general public, bring an action seeking 590
relief from the use of a trade practice in violation of District law or regulations, including a 591
violation involving consumer goods or services that the organization purchased or received in 592
order to test or evaluate qualities pertaining to use for person, household, family, or charitable 593
purposes. 594
“(D)(i) Subject to sub-subparagraph (ii) of this subparagraph, a public 595
interest organization may, on behalf of the interests of a consumer or a class of consumers, bring 596
an action seeking relief from the use by any person of a trade practice in violation of a law of the 597
District if the consumer or class could bring an action under subparagraph (A) of this paragraph 598
for relief from such use by such person of such trade practice. 599
“(ii) An action brought under sub-subparagraph (i) of this 600
subparagraph shall be dismissed if the court determines that the public interest organization does 601
not have a sufficient nexus to the interests involved of the consumer or class to adequately 602
represent those interests. 603
“(2) Any claim under this chapter shall be brought in the Superior Court of the 604
District of Columbia and may recover or obtain the following remedies: 605
“(A)(i) Treble damages, or $3,000 per violation, whichever is greater, 606
which shall be adjusted for inflation using the greater of either 3% annually or the percentage 607
ENGROSSED ORIGINAL
33
increase in the most recent Consumer Price Index for All Urban Consumers in the Washington 608
Metropolitan Statistical area, as published by the United States Bureau of Labor Statistics; and 609
“(ii) Notwithstanding sub-subparagraph (i) of this subparagraph, 610
for a violation of § 28-3904(b)(14), a consumer may recover or obtain actual damages, which 611
shall not include dignitary damages, including pain and suffering. This exclusion shall not limit 612
the availability of dignitary damages for violations of any other provision of this section; 613
“(B) Reasonable attorney’s fees; 614
“(C) Punitive damages; 615
“(D) An injunction against the use of the unlawful trade practice; 616
“(E) In representative actions, additional relief as may be necessary to 617
refund to the consumer money, or restore to the consumer money or property, real or personal, 618
which may have been acquired by means of the unlawful trade practice; or 619
“(F) Any other relief which the court determines proper. 620
“(3) Any prevailing consumer under this chapter shall also recover reasonable 621
attorney’s fees and costs to be paid by the defendant in accordance with the method cited in § 32-622
1308(b), except that attorney’s fees shall not be considered costs. 623
“(4) An action brought by a person under this subsection against a nonprofit 624
organization shall be based on a dispute arising from a trade practice and not based solely on 625
membership in such organization, membership services, training or credentialing activities, sale 626
ENGROSSED ORIGINAL
34
of publications of the nonprofit organization, medical or legal malpractice, or other similar 627
activity. 628
“(5) The right of action established by this subsection shall apply to trade 629
practices arising from landlord-tenant relations. 630
“(6)(A) Commencement of an action by the Attorney General under § 28-3909, 631
including the maintenance of an action previously commenced and pending as the effective date 632
of the Enhancing Consumer Protection Procedures Amendment Act, as approved by the 633
Committee on Public Works and Operations on DATE, 2026 (Committee print of Bill 26-174), 634
shall serve to stay until the resolution of the Attorney General’s action in any civil action that 635
includes any claim that is: 636
“(i) Made pursuant to this subsection by a public interest 637
organization or on behalf of the general public; and 638
“(ii) Based in whole or in part on any matter complained of in the 639
action commenced by the Attorney General. 640
“(B) A plaintiff that is a public interest organization or is acting on behalf 641
of the general public shall provide notice to the Office of the Attorney General within 10 642
business days after the filing of an action that includes a claim under this subsection. 643
“(7) Nothing in this chapter shall be construed to prevent merchants from 644
asserting, and the Superior Court of the District of Columbia from finding, that an action by a 645
ENGROSSED ORIGINAL
35
consumer was groundless and brought in bad faith or brought for the purpose of harassment, and 646
in such cases, the Superior Court of the District of Columbia shall award to the defendant 647
reasonable and necessary attorney’s fees in defending the action plus court costs. 648
“(n) The Director may use any power granted to the Department in § 28-3903, as each 649
reasonably deems will aid in carrying out the functions assigned to each in this section. Each, 650
while holding the primary responsibility of the Department for decision in a certain case, may 651
join such case with others then before the Department. No case may be disposed of in a manner 652
not expressly authorized in this section. Every complaint filed with the Department and within its 653
jurisdiction shall be decided in accordance with the procedures and sanctions of this section, 654
notwithstanding that a given trade practice, at issue in the case, may be governed in whole or in 655
part by another law which has different enforcement procedures and sanctions. 656
“(o) Whenever requested, the Department will make available to the complainant and 657
respondent an explanation, and any other information helpful in understanding, the provisions of 658
any consent decree to which the Department agrees. 659
“(p) There shall be established a Consumer Protection Education Fund (“Fund”). All 660
fines, fees, and penalties shall be paid into the Fund in order to further the purpose of this chapter 661
as enumerated in § 28-3901. 662
“(q) Every complaint case that is before the Department in accordance with this section 663
shall proceed with confidence, except for hearings and meetings before the Office of 664
ENGROSSED ORIGINAL
36
Administrative Hearings, until the Department issues a consent decree or settlement agreement 665
or the Office of Administrative Hearings issues a final order. 666
(r) The Director may file a complaint in accordance with subsection (a) of this section, on 667
behalf of one or more consumers or as complainant, based on evidence and information gathered 668
by the Department in carrying out this chapter. Persons not parties to but directly or indirectly 669
intended as beneficiaries of an order described in this section, a consent decree, or a settlement 670
agreement, arising out of a complaint filed by the Director, may enforce such order or decree in 671
the manner provided in subsection (j)(1) of this section.”. 672
(g) Section 28-3906 is amended as follows: 673
(1) The lead-in language of subsection (a) is amended to read as follows: 674
“(a) The Consumer Protection Unit is established within the Office of Enforcement. The 675
Consumer Protection Unit shall:”. 676
(2) Subsection (b) is repealed. 677
(3) Subsection (c) is repealed. 678
(h) Section 28-3907 is repealed. 679
(i) Section 28-3909 is amended as follows: 680
(1) Subsection (a) is amended to read as follows: 681
“(a) Notwithstanding any provision of law to the contrary, if the Attorney General for the 682
District of Columbia has reason to believe that any person has used, is using, or intends to use 683
ENGROSSED ORIGINAL
37
any method, act, or practice in violation of section 28-3803, 28-3805, 28-3807, 28-3810, 28-684
3811, 28-3812, 28-3814, 28-3817, 28-3818, 28-3819, 28-3851, 28-3852, [28-3852.01], [28-685
3852.02], or 28-3904, and if it is in the public interest, the Attorney General, in the name of the 686
District of Columbia, may bring an action in the Superior Court of the District of Columbia to 687
obtain a temporary or permanent injunction: 688
“(1) Prohibiting the use of the method, act, or practice; 689
“(2) Requiring the violator to take affirmative action, including the restitution of 690
money or property; 691
“(3) Freezing, where appropriate, the alleged violator’s assets to ensure adequate 692
funds are available to pay restitution, damages, and penalties; 693
“(4) Placing an entity in receivership; or 694
“(5) Dissolving an entity.”. 695
(2) A new subsection (a-1) is added to read as follows: 696
“(a-1) In any action under this section, the Attorney General shall not be required to 697
prove damages and the injunction shall be issued without bond.”. 698
(3) Subsection (b) is amended as follows: 699
(A) The lead-in language is amended by striking the word “may” and 700
inserting the word “shall” in its place. 701
ENGROSSED ORIGINAL
38
(B) Paragraph (1) is amended by striking the phrase “civil penalty of” and 702
inserting the phrase “civil penalty of not less than $500 and” in its place. 703
(C) Paragraph (2) is amended by striking the phrase “civil penalty of” and 704
inserting the phrase “civil penalty of not less than $1000 and” its is place. 705
(4) A new subsection (b-1) is added to read as follows: 706
“(b-1)(1) Any request by the Attorney General for costs and fees shall be presumptively 707
reasonable where the defendants in the action did not expend substantially less in costs and fees 708
than the amount in the Attorney General’s request. Where the defendants in the action expended 709
substantially less in costs and fees than the amount in the Attorney General’s request, the 710
Attorney General may still prove the reasonableness of the request under the same standards 711
applicable to a private plaintiff. 712
“(2) The Attorney General may also seek reasonable costs and fees expended in a 713
pre-suit investigation where the subject matter of the investigation was pertinent to the 714
subsequent suit brought under this section.”. 715
(5) Subsection (c)(4) is amended by striking the phrase “and in the extension of 716
consumer credit;” and inserting the phrase “, in the extension of consumer credit, and in the 717
solicitation of charitable donations;” in its place. 718
(6) A new subsection (e) is added to read as follows: 719
ENGROSSED ORIGINAL
39
“(e) In any action brought under this section or in an investigation by the Attorney 720
General under § 28-3910, any confidentiality agreement or protective order agreed to by the 721
Attorney General or otherwise entered into or enforced by a court shall permit the Attorney 722
General to share documents designated as confidential with any law enforcement agency; 723
provided, that the law enforcement agency agrees to abide by the confidentiality restrictions in 724
the confidentiality agreement or protective order.”. 725
(j) Section 28-3910 is amended to read as follows: 726
Ҥ 28-3910. Investigatory powers of Attorney General for the District of Columbia. 727
“(a)(1) In the course of an investigation to determine whether to seek relief under § 28-728
3909, the Attorney General for the District of Columbia may: 729
“(A) Subpoena witnesses; 730
“(B) Administer oaths; 731
“(C) Examine an individual under oath; 732
“(D) Require sworn answers in writing to written interrogatories; and 733
“(E) Compel production of records, books, papers, contracts, and other 734
documents, verified by a sworn certificate of completion. 735
“(2) Service of any demand document issued under this section may be made by 736
first-class mail, electronic mail, or any other method reasonably calculated to give actual notice; 737
provided, that the Superior Court of the District of Columbia may exercise jurisdiction over the 738
ENGROSSED ORIGINAL
40
recipient to compel a response consistent with the due process clause of the Constitution of the 739
United States. 740
“(3) Information obtained under this section shall not be admissible in a later 741
criminal proceeding against the person who provides the information or evidence, except with 742
respect to sworn statements that are themselves the basis for a subsequent perjury prosecution. 743
“(b) A subpoena or request for interrogatories issued pursuant to subsection (a) of this 744
section shall be issued in accordance with § 1-301.88d.”. 745
Sec. 5 Section 401(a) of the Fraudulent Vehicle Tag and Parking Enforcement 746
Modernization Amendment Act of 2024, effective May 2, 2025 (D.C. Law 25-325, 72 DCR 747
1284), is amended by striking the phrase "Sections 113, 114(b) and 201(c)(2) shall apply" and 748
inserting the phrase "Section 201(c)(2) shall apply" in its place. 749
Sec. 6. Applicability. 750
(a) Sections 4(b), (c), (d), (f), and (g) shall apply upon the date of inclusion of their fiscal 751
effect in an approved budget and financial plan. 752
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in 753
an approved budget and financial plan and provide notice to the Budget Director of the Council 754
of the certification. 755
(c)(1) The Budget Director shall cause the notice of the certification to be published in 756
the District of Columbia Register. 757
ENGROSSED ORIGINAL
41
Sec. 7. Fiscal impact statement. 758
The Council adopts the fiscal impact statement in the committee report as the fiscal 759
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 760
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 761
Sec. 8. Effective date. 762
This act shall take effect following approval by the Mayor (or in the event of veto by the 763
Mayor, action by the Council to override the veto) and a 60-day period of congressional review 764
as provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 765
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)). 766