D.C. Code § 28-3814 — DC Code / Title 28 / Chapter 38 / § 28-3814
§ 28-3814. Debt collection.
Status: in_force

(a) This section applies to conduct and practices in connection with the collection of obligations arising from any consumer debt (other than a loan directly secured on real estate or a direct motor vehicle installment loan covered by Chapter 36 of this title ).
(b) As used in this section, the term:
  (1) "Consumer" means any individual obligated or allegedly obligated to pay any consumer debt.
  (2) "Consumer debt" means money or its equivalent, or a loan or advance of money, which is, or is alleged to be, more than 30 days past due and owing, unless a different period is agreed to by the consumer, as a result of a purchase, lease, or loan of goods, services, or real or personal property for personal, family, medical, or household purposes. The term  consumer debt does not include an extension of credit secured by a mortgage.
  (3) "Debt buyer" means a person that is engaged in the business of purchasing charged-off consumer debt or other delinquent consumer debt for collection purposes, whether it collects the consumer debt itself or hires a third party, including an attorney, in order to collect such consumer debt. The term debt buyer does not include a person or entity that acquires delinquent or charged-off debt as an incidental part of acquiring a portfolio of debt that is predominantly not delinquent or charged-off debt.
  (4) "Debt collection" means any action, conduct, or practice undertaken for the purpose of collecting consumer debt.
  (5) "Debt collector" means a person, including an original creditor or debt buyer engaging directly or indirectly in debt collection and any person who sells or offers to sell forms represented to be a collection system, device, or a scheme or method intended or calculated to be used to collect consumer debt.
  (6) "Original creditor" means the person that owned a consumer debt at the date of default, or the date of charge-off for credit card s or revolving credit accounts, giving rise to a cause of action for its collection.
  (7) "Person" means an individual, corporation, business trust, estate, trust partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.
  (8) "Public health emergency" means a period of time for which the Mayor has declared a public health emergency pursuant to § 7-2304.01 , or a state of emergency pursuant to § 28-4102 .
(c) No debt collector shall collect or attempt to collect any money alleged to be due and owing by means of any threat, coercion, or attempt to coerce in any way, including:
  (1) the use, or express or implicit threat of use, of violence or other criminal means, to cause harm to the person, reputation, or property of any person;
  (2) the false accusation or threat to falsely accuse any person of fraud or any crime, or of any conduct which, if true, would tend to disgrace such other person or in any way subject the person to ridicule, contempt, disgrace, or shame;
  (3) false accusations made to another person, including any credit reporting agency, that a consumer has not paid a just debt, or threat to so make such false accusations;
  (4) the threat to sell or assign to another the consumer debt with a representation or implication that the result of such sale or assignment would be that the consumer would lose any defense in an action seeking to collect such consumer debt or would be subjected to collection attempts in violation of this section;
  (5) the threat that nonpayment of an alleged consumer debt will result in the arrest of any person;
  (6) the threat of any action that the debt collector cannot legally take or which the debt collector does not in fact intend to take;
  (7) disclosing or threatening to disclose information concerning the existence of a consumer debt known to be disputed by the consumer without disclosing the fact that the consumer debt is disputed by the consumer;
  (8) disclosing or threatening to disclose information affecting the consumer's reputation for creditworthiness with knowledge or reason to know that the information is false; and
  (9) disclosing or threatening to disclose the consumer's citizenship status to any individual, organization, or entity.
(d) No debt collector shall unreasonably oppress, harass, or abuse any person in connection with the collection of or attempt to collect any consumer debt alleged to be due and owing by that person or another in any way, including:
  (1) the use of profane or obscene language or language that is intended to unreasonably abuse the hearer or reader;
  (2) the placement of telephone calls without disclosure of the caller’s identity or with the intent to harass or threaten any person at the called number;
  (3) absent the person's express written consent, knowingly causing expense to any person incurred by use of a medium of communication, or by concealment of the true purpose of a notice, letter, message, or communication; and
  (4) communicating with a consumer or any member of a consumer's family or household in such a manner that can reasonably be expected to abuse or harass the consumer or any member of the consumer's family or household or communicating with the consumer or any member of the consumer's family or household at an unreasonable hour or with unreasonable frequency, including:
    (A) (i) Making in excess of 4 phone calls per account, inclusive of all phone numbers the debt collector has for the consumer, in any 7-day period; except, that the limit of 4 calls per account in any 7-day period shall not apply to calls made to:
        (I) A debt collector by a consumer;
        (II) A single completed phone call made by a debt collector in response to a consumer's request for a returned phone call;
        (III) Calls when there is no connection or ability to leave a message; or
        (IV) Calls made to a wrong number that is not affiliated with the consumer or the consumer's family.
      (ii) After a completed call between the debt collector and consumer takes place, the debt collector shall not call the consumer back for 7 days unless otherwise requested by the consumer.
      (iii) The consumer may opt out of receiving phone calls in writing at any time.
      (iv) For purposes of this subparagraph, a completed phone call means one in which the debt collector engages in a telephone conversation with the consumer.
    (B) (i) Sending text messages, emails, and private messages through social media platforms to a consumer prior to mailing the written notice required pursuant to subsection (m)(2)(A) of this section;
      (ii) After mailing the consumer the written notice required pursuant to subsection (m)(2)(A) of this section, sending text messages, emails, and private messages through social media platforms prior to obtaining a consumer's express consent to communicate via one or more of these methods; except, that a debt collector may send one email, text message, or private message to a consumer in any 7-day period for purposes of obtaining consent to communicate via the method the debt collector is using to communicate; and
      (iii) (I) After obtaining a consumer's consent, sending more than 5 text messages, emails, and private messages per account in any 7-day period unless otherwise agreed to by the consumer.
        (II) The limit of 5 text messages, emails, and private messages per account in any 7-day period shall not apply to messages or emails sent to a debt collector by a consumer, to messages or emails sent by a debt collector in response to a consumer's request for a response, or to messages or emails sent to a wrong number or email address that is not affiliated with the consumer or the consumer's family.
        (III) Debt collectors must include opt-out language in all emails, text messages, and private messages, and consumers shall be able to opt-out of receiving communications from debt collectors via text message, email, or private message at any time;
  (5) visiting or threatening to visit the household of a consumer at any time for the purpose of collecting a debt, other than for the purpose of serving process in a lawsuit; and
  (6) visiting or threatening to visit the place of employment of a consumer at any time, other than for the purpose of serving process in a lawsuit.
(e) No debt collector shall unreasonably publicize information relating to any alleged indebtedness or consumer in such a manner as to harass or embarrass the consumer in any way, including:
  (1) the communication of any information relating to a consumer's indebtedness to any employer or employer's agent, except:
    (A) when such indebtedness had been guaranteed by the employer or the employer has requested the loan giving rise to the indebtedness; or
    (B) when such communication is in connection with an attachment or execution after judgments as authorized by law;
  (2) the disclosure, publication, or communication of information relating to a consumer's indebtedness to any relative, family member, friend, or neighbor of the consumer, except:
    (A) through proper legal action or process;
    (B) in connection with a matter related to a deceased consumer's estate; or
    (C) at the express and unsolicited request of the relative or family member;
  (3) the disclosure, publication, or communications of any information relating to a consumer’s indebtedness by publishing or posting any list of consumers, except for the publication and distribution of “stop lists” to point-of-sale locations where credit is extended, or by advertising for sale any consumer debt or in any other manner other than through proper legal action, process, or proceeding; and
  (4) the use of any form of communication to the consumer, which ordinarily may be seen by any other persons, that displays or conveys any information about the alleged consumer debt other than the name, address, and phone number of the debt collector.
(f) No debt collector shall use any unfair, fraudulent, deceptive, or misleading representation, device, or practice to collect a consumer debt or to obtain information in conjunction with the collection of a consumer debt in any way, including:
  (1) the use of any company name, while engaged in debt collection, other than the original creditor or debt collector's true company name;
  (2) the failure to clearly disclose in all written communications made to collect or attempt to collect consumer debt or to obtain or attempt to obtain information about a consumer, that the debt collector is attempting to collect consumer debt and that any information obtained will be used for that purpose;
  (3) any false representation that the debt collector has in his possession information or something of value for the consumer, that is made to solicit or discover information about the consumer;
  (4) the failure to clearly disclose the name, phone number, email address, if used for receipt of communications in connection with collection with a consumer debt, and full business address of the person to whom the consumer debt has been assigned, or to whom the consumer debt is owed, at the time of making any demand for money;
  (5) any false representation or implication of the character, extent, or amount of a consumer debt, or of its status in any legal proceeding;
  (6) any false representation or false implication that any debt collector is vouched for, bonded by, affiliated with or an instrumentality, agent, or official of the District of Columbia or any agency of the Federal or District government;
  (7) the use or distribution or sale of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by a court, an official, or any other legally constituted or authorized authority, or which creates a false impression about its source, authorization, or approval;
  (8) any representation that an existing obligation of the consumer may be increased by the addition of attorney’s fees, investigation fees, service fees, or any other fees or charges when in fact such fees or charges may not legally be added to the existing obligation;
  (9) any false representation or false impression about the status or true nature of or the services rendered by the debt collector or his business;
  (10) initiating a cause of action to collect a consumer debt when the debt collector knows or reasonably should know that the applicable statute of limitations period has expired; and
  (11) attaching or garnishing a consumer's funds or negotiating a settlement agreement on a consumer debt when the debt collector knows or has reason to know the funds are exempt from attachment or garnishment under federal or state law without letting the consumer know in writing that the funds may be exempt. The notice provided in subsection (m)(2)(A) of this section shall satisfy this requirement.
(g) No debt collector shall use unfair or unconscionable means to collect or attempt to collect any consumer debt in any way, including:
  (1) the seeking or obtaining of any written statement or acknowledgment in any form that specifies that a consumer’s obligation is one incurred for necessaries of life where the original obligation was not in fact incurred for such necessaries;
  (2) the seeking or obtaining of any written statement or acknowledgment in any form containing an affirmation of any obligation by a consumer who has been declared bankrupt without clearly disclosing the nature and consequences of such affirmation and the fact that the consumer is not legally obligated to make such affirmation;
  (3) the collection or the attempt to collect from the consumer all or any part of the debt collector's fee or charge for services rendered, unless otherwise provided for by law or contract with the consumer;
  (4) the collection of or the attempt to collect any interest or other charge, fee, or expense incidental to the principal obligation unless such interest or incidental fee, charge, or expense is expressly authorized by the agreement creating the obligation and legally chargeable to the consumer or unless such interest or incidental fee, charge, or expense is expressly authorized by law;
  (5) any communication with a consumer whenever it appears that the consumer has notified the creditor that he is represented by an attorney and the attorney’s name and address are known; and
  (6) (A) attempting to collect debts owed by a deceased consumer from a person with no legal obligation to pay the amounts alleged to be owed, except from the executor of an estate or a person informally performing such functions.
    (B) When contacting the executor of an estate, or a person informally performing such functions, the debt collector must state that the person being contacted is not personally liable for the debts of the estate.
(h) No debt collector shall use, or distribute, sell, or prepare for use, any written communication that violates or fails to conform to United States postal laws and regulations.
(i) No debt collector shall take or accept for assignment any of the following:
  (1) an assignment of any claim for attorney’s fees which have not been lawfully provided for in the writing evidencing the obligation; or
  (2) an assignment of any consumer debt without evidence that written notice from the assigning debt collector was first provided to the consumer.
(j) [Repealed].
(k) No debt collector or its representatives or agents shall contact consumers by telephone or text message before 8 a.m. or after 9 p.m. EST or EDT, whichever time zone is in effect.
(l) Notwithstanding any other provision of law, when the applicable statute of limitations period for an action to collect consumer debt has expired, any subsequent payment toward or written or oral affirmation of such consumer debt shall not extend the limitations period.
(m) (1) Except as provided in paragraph (3) of this subsection, no debt collector shall collect or attempt to collect a consumer debt unless the debt collector has complete documentation of the ownership of the consumer debt, and the debt collector is in possession of or has immediate access to the following information or documents:
    (A) Documentation of the name of the original creditor as well as the name of the current creditor or owner of the consumer debt;
    (B) The consumer's last account number with the original creditor;
    (C) (i) A copy of the signed contract, signed application, or other documents that provide evidence of the consumer's contractual or other liability and the terms thereof.
      (ii) For a revolving credit account, the most recent monthly statement recording a purchase transaction, last payment, balance transfer, or extension of credit shall be deemed sufficient to satisfy the requirement of this subparagraph;
    (D) The date that the consumer debt was incurred; except, that in the case of a revolving credit account, the date that the consumer debt was incurred shall be the date of the most recent purchase, payment, balance transfer, or last extension of credit;
    (E) The date and amount of the last payment by the consumer, if applicable; and
    (F) (i) An itemized accounting of the amount claimed to be owed, including the amount of the principal, any interest, fees, or charges, and whether the charges were imposed by the original creditor, a debt collector, or a subsequent owner of the debt.
      (ii) If the consumer debt arises from a credit card or revolving credit account that has been charged off, the itemized accounting shall be measured from the charge-off balance and shall include copies of the charge-off statement and the most recent monthly statement recording a purchase transaction, last payment, or balance transfer.
    (G) If the consumer debt has been reduced to a judgment, a copy of the judgment as originally issued, complete documentation establishing that the debt collector is the owner of the judgment, and an itemized accounting of the balance due on the judgment.
  (2) (A) In the first written communication with the consumer regarding charged-off debt, a debt collector shall provide written notice to the consumer that the consumer may request that the debt collector provide the information or documents identified in paragraph (1) of this subsection to the consumer, or if the consumer debt has been reduced to a judgment, the documents and information identified in paragraph (1)(G) of this subsection. The notice shall set forth, in boldface type, in a minimum of 12-point type, the following statement:
    .
    (B) If the person to whom the notice is sent is the Executor or Administrator of an estate, or a person informally performing such functions, the word "your" may be replaced in the notice with another appropriate word or words.
    (C) The written notice required pursuant to subparagraph (A) of this paragraph shall be provided to the consumer in English and Spanish; except, that if a language other than Spanish is principally used in the original contract with the consumer or by the debt collector in the initial oral communication with the consumer, notice required by subparagraph (A) of this paragraph shall be provided to the consumer in that language and English.
    (D) Upon receipt of the first request by a consumer for any of the information identified in paragraph (1) of this subsection, the debt collector shall send all of the information listed in paragraph (1) of this subsection to the consumer in writing within 15 days of the receipt of the request and shall cease all collection of the consumer debt until such information is provided.
  (3) The provisions of this subsection shall not apply to original creditors collecting or attempting to collect their own debt.
(n) (1) A debt collector who enters into a payment schedule or an agreement on terms to resolve consumer debt shall send a written copy of the payment schedule or settlement agreement to the consumer within 7 days.
  (2) A consumer shall not be required to make a payment on a payment schedule or agreement on terms to resolve a consumer debt until the written agreement required by paragraph (1) of this subsection has been provided by the debt collector. Without limiting the foregoing, a debt collector may accept a payment on a payment schedule or settlement agreement before the complete, written agreement has been provided by the debt collector if all material terms of the payment schedule or settlement agreement have been disclosed to the consumer in writing or by phone; provided, that the debt collector send the information discussed on the phone in writing after the call. When providing this information to the consumer in writing, the debt collector shall include a statement in boldface, in a minimum of 12-point type, that reads:
  "You might have income or resources that are protected from being taken by debt collectors. These might include certain sources of income, funds, or property, including, but not limited to, Social Security, Supplemental Security Income (SSI), disability or unemployment benefits, veteran's benefits, or child support payments. If you believe your property or income may be protected, you may wish to seek legal advice, including at a legal services provider or legal aid office, before paying this debt.".
(o) Any action for the collection of a consumer debt that is commenced on or after September 1, 2021, shall only be commenced within 3 years of accrual. This period shall apply whether the legal basis of the claim sounds in contract, account stated, open account, or other cause, and notwithstanding the provisions of any other statute of limitations unless that statute provides for a shorter limitations period. This time period also applies to contracts under seal.
(p) Immediately prior to commencing a legal action to collect a consumer debt, the plaintiff shall undertake a reasonable investigation to verify the defendant's current address for service of process. At the time of filing the proof of service, the plaintiff must include with the proof of service a photograph with a readable time stamp indicating the date and time of service and readable global positioning system (commonly known as "GPS") coordinates indicating the location of service.
(q) In a cause of action initiated by a debt collector to collect a consumer debt, the debt collector shall attach to the complaint or statement of claim a copy of the signed contract, signed application, or other documents that provide evidence of the consumer's liability and the terms thereof, and shall allege or state the following information in the complaint or statement of claim:
  (1) A short and plain statement of the type of consumer debt;
  (2) The information enumerated in subsection (m)(1) of this section; except, that the debt collector shall only include the last four digits of the consumer's last account number with the original creditor;
  (3) The basis for any interest and fees charged;
  (4) The basis for the request of attorney's fees, if applicable;
  (5) The current owner of the consumer debt and a chronological listing of the names of all prior owners of the consumer debt and the date of each transfer of ownership, beginning with the original creditor;
  (6) That the suit is filed within the applicable statute of limitations period; and
  (7) (A) The following statement in boldface, in a minimum of 12-point type:
    "You might have income or resources that are protected from being taken by debt collectors. These might include certain sources of income, funds, or property, including, but not limited to, Social Security, Supplemental Security Income (SSI), disability or unemployment benefits, veteran's benefits, or child support payments. If you believe your property or income may be protected, you may wish to seek legal advice, including at a legal services provider or legal aid office, before paying this debt.".
    (B) The statement in subparagraph (A) of this paragraph shall also include the current phone number or numbers for civil legal service providers in debt collection cases as published by the Superior Court of the District of Columbia.
(r) In a cause of action initiated by a debt collector to collect a consumer debt, prior to entry of a default or summary judgment or judgment on the pleadings or at trial against a consumer, the plaintiff shall file evidence with the court to establish the amount and nature of the consumer debt. The only evidence sufficient to establish the amount and nature of the debt shall be business records, authenticated by an affiant or affiants with knowledge of how the records were created and kept by the original creditor and any subsequent debt buyer, that shall include the information in subsection (m)(1) of this section; except,  that the debt collector shall only include the last four digits of the consumer's account numbers with the original creditor.
(s) (1) In a cause of action initiated by a debt buyer to collect a consumer debt, prior to entry of a default or summary judgment or judgment on pleadings or at trial against a consumer, the plaintiff shall file:
    (A) An account-specific affidavit by the original creditor setting forth the facts  establishing the existence of the debt and the amount due at the time of sale or assignment;
    (B) For each assignment or sale of debt to another debt collector, an account-specific affidavit of sale by the debt seller, completed by the seller or assigner; and
    (C) An account-specific affidavit that includes the chain of title of the debt, completed by the plaintiff or the plaintiff's witness.
  (2) An Affidavit required by paragraph (1) of this subsection shall include, as an attachment, business records that verify the information required in the affidavit; except, that the plaintiff is only required to attach such business records if the information required in the affidavits is not verified within the documents attached to the complaint or statement of claim in subsection (q) of this section.
  (3) The Superior Court of the District of Columbia shall issue form affidavits to satisfy the requirements of this subsection.
(t) (1) In a cause of action initiated by a debt collector to collect a consumer debt, the court shall, on its own, prior to entering a judgment, review whether the plaintiff has complied with the requirements of subsections (o) through (s) of this section. If the plaintiff has not complied, the court may dismiss the case; provided, that the court shall dismiss the case with prejudice for substantial or willful noncompliance.
  (2) A defendant may raise any violation of this section as a defense. If the court finds that the plaintiff has failed to comply, it may dismiss the case; provided, that the court shall dismiss the case with prejudice for substantial or willful noncompliance.
(u) A debt collector that violates any provision of this section with respect to a consumer may be liable to the consumer for the following:
  (1) Actual damages;
  (2) Costs and reasonable attorney's fees;
  (3) Punitive damages;
  (4) (A) If the consumer is an individual, the court may award an additional penalty in an amount not less than $500 per violation and not to exceed $4,000 per violation; or
    (B) In the case of a class action, the amount for each named plaintiff as could be recovered under subparagraph (A) of this paragraph and an amount as the court may determine for each class member, not exceeding the amount per person that could recovered under subparagraph (A) of this paragraph times the number of class members; and
  (5) Any other relief that the court determines proper.
(v) If the plaintiff is the prevailing party in any action to collect a consumer debt, the plaintiff shall be entitled to collect attorney's fees only if the contract or other document evidencing the indebtedness sets forth an obligation of the consumer to pay such attorney's fees, or if otherwise authorized by District law, and subject to the following provisions:
  (1) If the contract or other document evidencing indebtedness provides for attorney's fees in some specific percentage, such provision and obligation shall be valid and enforceable up to but not in excess of 15% of the amount of the consumer debt, excluding attorney's fees and collection costs.
  (2) If a contract or other document evidencing indebtedness or District law provides for the payment of reasonable attorney's fees by the consumer, without specifying any specific percentage, such provision shall be presumed to mean the lesser of 15% of the amount of the debt, excluding attorney's fees and collection costs, or the amount of attorney's fees calculated by a reasonable rate for such cases multiplied by the amount of time reasonably expended to obtain the judgment.
  (3) The documentation setting forth a party's obligation to pay attorney's fees shall be provided to the court before a court may enforce those provisions. Such documentation must include the agreement for any attorney's fees and documents establishing the basis for the attorney's fees.
  (4) (A) Notwithstanding paragraphs (1) through (3) of this subsection, in a case other than one filed in the Small Claims and Conciliation Branch of the Superior Court of the District of Columbia, a prevailing plaintiff may seek to recover attorneys' fees in an amount greater than 15% of the amount of the consumer debt by submitting an application to the court demonstrating why such fees were reasonably necessary to obtain the judgment and providing a detailed breakdown of the fees that identifies the date, time spent, the rate charged, identity and position of the person performing the work, and a description of the work performed for each entry.
    (B) The Court shall grant recovery of any fees over the 15% of the amount of the consumer debt only for those fees it makes a finding were reasonably necessary to obtain the judgment.
(w) Before a court may issue a bench warrant for civil arrest for failing to appear in a debt collection case under this section, the following conditions must be met:
  (1) The plaintiff must have personally served its motion for contempt, or other related motion or filing, on the defendant; and
  (2) The defendant must have failed to appear at 2 contempt hearings.
(x) Notwithstanding any other law or court rule, a consumer who is compelled to attend pursuant to a civil arrest warrant shall be brought before the court the same day.
(y) Notwithstanding any other law or court rule, no person shall be imprisoned or jailed for failure to pay a consumer debt, nor shall any person be imprisoned or jailed for contempt of court or otherwise for failure to comply with a court order to pay a consumer debt in part or in full.
(z) A violation of the Fair Debt Collection Practices Act, approved September 20, 1977 (91 Stat. 874; 15 U.S.C. § 1692 et seq .), shall constitute a violation of this section.
(aa) (1) Notwithstanding subsection (a) of this section, subsections (aa) and (bb) of this section shall apply to any consumer debt.
  (2) During a public health emergency and for 60 days after its conclusion, no debt collector shall, with respect to any consumer debt:
    (A) Initiate, file, or threaten to file any new collection lawsuit;
    (B) Initiate, threaten to initiate, or act upon any statutory remedy for the garnishment, seizure, attachment, or withholding of wages, earnings, property, or funds for the payment of a consumer debt to a debt collector; or
    (C) Initiate, threaten to initiate, or act upon any statutory remedy for the repossession of any vehicle; except, that debt collectors may accept collateral that is voluntarily surrendered;
    (D) Confront or communicate in person with a consumer debt regarding the collection of a debt in any public place at any time, unless initiated by the consumer.
  (3) This subsection shall not apply to:
    (A) Collecting or attempting to collect a consumer debt that is, or is alleged to be, owed on a loan secured by a mortgage on real property or owed for common expenses pursuant to § 42-1903.12 ; or
    (B) Collecting or attempting to collect delinquent consumer debt pursuant to subchapter XVII of Chapter 3 of Title 1 .
  (4) Any statute of limitations on any collection lawsuit is tolled during the duration of the public health emergency and for 60 days thereafter.
(bb) (1) (A) During a public health emergency and for 60 days after its conclusion, no debt collector shall initiate any communication with a consumer via any written or electronic communication, including email, text message, or telephone.
    (B) A debt collector shall not be deemed to have initiated a communication with a consumer if the communication by the debt collector is in response to a request made by the consumer for the communication or is the mailing of monthly statements related to an existing payment plan or payment receipts related to an existing payment plan.
  (2) This subsection shall not apply to:
    (A) Communications initiated solely for the purpose of informing a consumer of a rescheduled court appearance date or discussing a mutually convenient date for a rescheduled court appearance;
    (B) Original creditors collecting or attempting to collect their own consumer debt;
    (C) Collecting or attempting to collect a debt which is, or is alleged to be, owed on a loan secured by a mortgage on real property or owed for common expenses pursuant to § 42-1903.12 ;
    (D) Receiving and depositing payments the consumer chooses to make during a public health emergency;
    (E) Collecting or attempting to collect delinquent consumer debt pursuant to subchapter XVII of Chapter 3 of Title 1 .
(cc) Subsections (aa) and (bb) of this section shall not be construed to:
  (1) Exempt any person from complying with existing laws or rules of professional conduct with respect to debt collection practices;
  (2) Supersede or in any way limit the rights and protections available to consumers under applicable local, state, or federal foreclosure laws; or
  (3) Supersede any obligation under the District of Columbia Rules of Professional Conduct, to the extent of any inconsistency.
D.C. Code § 28:6-103 — DC Code / Title 28 / Chapter  / § 28:6-103
§ 28:6-103. Applicability of article.
Status: in_force

[Omitted] Applicability of article.. Applicability of D.C. Law 20-215 : Section 32 of D.C. Law 20-215 provided that the act shall apply as of January 1, 2016.
D.C. Code § 28:2-514 — DC Code / Title 28 / Chapter  / § 28:2-514
§ 28:2-514. When documents deliverable on acceptance; when on payment.
Status: in_force

Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment.
D.C. Code § 28-3904 — DC Code / Title 28 / Chapter 39 / § 28-3904
§ 28-3904. Unfair or deceptive trade practices.
Status: in_force

It shall be a violation of this chapter for any person to engage in an unfair or deceptive trade practice, whether or not any consumer is in fact misled, deceived, or damaged thereby, including to:
(a) represent that goods or services have a source, sponsorship, approval, certification, accessories, characteristics, ingredients, uses, benefits, or quantities that they do not have;
(b) represent that the person has a sponsorship, approval, status, affiliation, certification, or connection that the person does not have;
(c) represent that goods are original or new if in fact they are deteriorated, altered, reconditioned, reclaimed, or second hand, or have been used;
(d) represent that goods or services are of particular standard, quality, grade, style, or model, if in fact they are of another;
(e) misrepresent as to a material fact which has a tendency to mislead;
(e-1) represent that a transaction confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law;
(f) fail to state a material fact if such failure tends to mislead;
(f-1) use innuendo or ambiguity as to a material fact, which has a tendency to mislead;
(g) disparage the goods, services, or business of another by false or misleading representations of material facts;
(h) advertise or offer goods or services without the intent to sell them or without the intent to sell them as advertised or offered;
(i) advertise or offer goods or services without supplying reasonably expected public demand, unless the advertisement or offer discloses a limitation of quantity or other qualifying condition which has no tendency to mislead;
(j) make false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions, or the price in comparison to price of competitors or one’s own price at a past or future time;
(k) falsely state that services, replacements, or repairs are needed;
(l) falsely state the reasons for offering or supplying goods or services at sale or discount prices;
(m) harass or threaten a consumer with any act other than legal process, either by telephone, cards, letters, or any form of electronic or social media;
(n) cease work on, or return after ceasing work on, an electrical or mechanical apparatus, appliance, chattel or other goods, or merchandise, in other than the condition contracted for, or to impose a separate charge to reassemble or restore such an object to such a condition without notification of such charge prior to beginning work on or receiving such object;
(o) replace parts or components in an electrical or mechanical apparatus, appliance, chattel or other goods, or merchandise when such parts or components are not defective, unless requested by the consumer;
(p) falsely state or represent that repairs, alterations, modifications, or servicing have been made and receiving remuneration therefor when they have not been made;
(q) fail to supply to a consumer a copy of a sales or service contract, lease, promissory note, trust agreement, or other evidence of indebtedness which the consumer may execute;
(r) make or enforce unconscionable terms or provisions of sales or leases; in applying this subsection, consideration shall be given to the following, and other factors:
  (1) knowledge by the person at the time credit sales are consummated that there was no reasonable probability of payment in full of the obligation by the consumer;
  (2) knowledge by the person at the time of the sale or lease of the inability of the consumer to receive substantial benefits from the property or services sold or leased;
  (3) gross disparity between the price of the property or services sold or leased and the value of the property or services measured by the price at which similar property or services are readily obtainable in transactions by like buyers or lessees;
  (4) that the person contracted for or received separate charges for insurance with respect to credit sales with the effect of making the sales, considered as a whole, unconscionable; and
  (5) that the person has knowingly taken advantage of the inability of the consumer reasonably to protect his interests by reasons of age, physical or mental infirmities, ignorance, illiteracy, or inability to understand the language of the agreement, or similar factors;
(s) pass off goods or services as those of another;
(t) use deceptive representations or designations of geographic origin in connection with goods or services;
(u) represent that the subject of a transaction has been supplied in accordance with a previous representation when it has not;
(v) misrepresent the authority of a salesman, representative or agent to negotiate the final terms of a transaction;
(w) offer for sale or distribute any consumer product which is not in conformity with an applicable consumer product safety standard or has been ruled a banned hazardous product under the federal Consumer Product Safety Act (15 U.S.C. § 2051-83 ), without holding a certificate issued in accordance with section 14(a) of that Act to the effect that such consumer product conforms to all applicable consumer product safety rules (unless the certificate holder knows that such consumer product does not conform), or without relying in good faith on the representation of the manufacturer or a distributor of such product that the product is not subject to a consumer product safety rule issued under that Act;
(x) sell consumer goods in a condition or manner not consistent with that warranted by operation of sections 28:2-312 through 28:2-318, or by operation or requirement of federal law;
(y) violate any provision of the District of Columbia Consumer LayAway Plan Act (section 28-3818);
(z) violate any provision of the Rental Housing Locator Consumer Protection Act of 1979 (section 28-3819) or, if a rental housing locator, to refuse or fail to honor any obligation under a rental housing locator contract;
(z-1) violate any provision of Chapter 46 of this title ;
(aa) violate any provision of sections 32-404, 32-405, 32-406, and 32-407;
(bb) refuse to provide the repairs, refunds, or replacement motor vehicles or fails to provide the disclosures of defects or damages required by the Automobile Consumer Protection Act of 1984;
(cc) violate any provision of the Real Property Credit Line Deed of Trust Act of 1987;
(dd) violate any provision of title 16 of the District of Columbia Municipal Regulations;
(ee) violate any provision of the Public Insurance Adjuster Act of 2002 [ Chapter 16A of Title 31 ];
(ff) violate any provision of Chapter 33 of this title ;
(gg) violate any provision of the Home Equity Protection Act of 2007 [ Chapter 24A of Title 42 ];
(hh) fail to make a disclosure as required by § 26-1113(a-1) ;
(ii) violate any provision of Chapter 53 of this title ;
(jj) violate any agreement entered into pursuant to section 28-3909(c)(6) ;
(kk) violate any provision of subchapter 2 of Chapter 38 of this title ; [or]
[(ll)] violate any provision of Chapter 54 of this title .
D.C. Code § 28:8-111 — DC Code / Title 28 / Chapter  / § 28:8-111
§ 28:8-111. Clearing corporation rules.
Status: in_force

A rule adopted by a clearing corporation governing rights and obligations among the clearing corporation and its participants in the clearing corporation is effective even if the rule conflicts with this article and affects another party who does not consent to the rule.
D.C. Code § 28-3817 — DC Code / Title 28 / Chapter 38 / § 28-3817
§ 28-3817. Health spa sales.
Status: in_force

(a) As used in this section, the term —
  (1) “health spa” means a proposed or existing location or organization with indoor or outdoor facilities for physical sport, exercise, training, or therapy or rehabilitation. It does not include any location, the primary activity of which is training or instruction in a specific skill, such as dance, or swimming. It does not include any location which is operated primarily by a not-for-profit organization.
  (2) “health spa sale” means a cash sale or a consumer credit sale in which a health spa or affiliated organization agrees, after the effective date of this section, to provide or make available, for a period of more than 30 days, goods or services (whether or not a membership is included) for physical sport, exercise, training, therapy or rehabilitation.
  (3) “buyer” means any natural person who purchases a health spa sale contract for his, or another natural person’s, personal use.
  (4) “seller” means the seller of a health spa sale to a buyer.
(b) Every contract containing a health spa sale shall:
  (1) be in writing;
  (2) if renewable in whole or part, require the buyer’s separate signature and payment for renewal;
  (3) provide for a buyer’s right (which may not be waived) to cancel, as explained in subsection (c);
  (4) in close proximity to the space reserved for the buyer’s signature, and in boldface type of at least ten points, include the following statement:
  “NOTICE TO THE BUYER:
  You have the right to cancel this contract during the first fifteen days after the contract is made, or after the first fifteen days, if, due to death, illness, injury, or a change in residence, you are unable to use the full membership privileges in this contract. If you cancel, you will have to pay only for the goods or services you are entitled to up through the month in which you cancel, plus a registration fee of 5% of the price of this contract (not counting any finance charge), not to exceed $25. You must notify the health spa, by certified or registered mail at the address given in this contract, of your intention to cancel, or your cancellation will not be effective. If your cancellation is due to illness or injury, a certificate from a doctor of your choice must accompany your notice of cancellation to the health spa. Contact the District of Columbia Office of Consumer Affairs if you have a question as to how to calculate your obligation or your refund after you cancel.”;
  (5) be presented, fully completed, to the buyer, and be signed and dated by the buyer, and then a copy, as so approved, be furnished to the buyer; and
  (6) specify the seller’s and the buyer’s addresses.
(c) (1) The buyer, at his option, has the right to cancel a health spa sale during the first fifteen days after the sale is made, or after such fifteen days, if, due to death, illness, injury, or a change in residence, the buyer is unable to use all the goods and services provided in the sale.
  (2) Notice of cancellation given by the buyer need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer to be no longer bound by the health spa sale, and (whenever such notice is given more than 15 days after the contract is made) that, due to death, illness, injury, or a change in residence or in the location of the health spa, the buyer is unable to use all the goods or services promised in the sale. If the cancellation is due to illness or injury, a certificate from a doctor of the consumer’s choice must accompany the notice of cancellation to the health spa.
  (3) Cancellation occurs when the buyer mails written notice of cancellation to the seller at the seller’s address as specified in the contract, by registered or certified mail.
  (4) The cancellation balance shall be calculated as follows:
    (A) Divide the number of months (counting a fraction as one month) which have elapsed from the date the contract (or renewal option then in effect) became effective to the date of cancellation, by the total number of months for which such services were contracted.
    (B) Multiply the contract price (or the price for the renewal period then in effect) by the quotient obtained in subparagraph (A) of this paragraph.
    (C) Add to the amount obtained in subparagraph (B) of this paragraph a registration fee of 5% of the original price of the contract (not counting any finance charge), but in no case more than $25.00.
    (D) If the payment by the consumer of the contract price is financed, subtract from the amount obtained in subparagraph (C) of this paragraph the amount of interest, calculated by the method of 78ths, not yet accrued through the month of the contract during which cancellation occurs.
    (E) Subtract the difference obtained in subparagraph (D) of this paragraph, or if not applicable, the amount obtained in subparagraph (C) of this paragraph, from the amount already paid by the buyer under the contract and finance agreement.
  If this balance is a positive figure, it is the amount of the seller’s refund to the buyer, and shall be due and payable within 15 days after the cancellation. If this balance is a negative figure, it is the amount of the buyer’s obligation to the seller, and within 15 days after the cancellation, the seller shall notify the buyer of his obligation. Notice of such obligation, if given by mail, is given when it is deposited in a mail box postage prepaid and properly addressed to the buyer’s address as stated in the notice of cancellation, or, if the buyer’s address is not stated there, as stated in the contract.
  (5) The buyer’s right to cancel, as explained in this subsection, applies separately to all health spa sale contracts between the seller and the buyer.
  (6) When there are two or more buyers (signatories, not necessarily beneficiaries, of the contract) of a health spa sale, the right to cancel, as explained in this subsection, is available only when all the buyers join in the notice of cancellation.
  (7) After receiving notice of cancellation from the buyer, the seller shall mark his copy of the cancelled health spa sale contract “cancelled”.
(d) (1) The seller shall maintain copies of all cancelled health spa sale contracts for a period of 2 years from their dates of cancellation, and such records shall be open to inspection by proper representatives of the District of Columbia Government.
  (2) If a contract containing a health spa sale does not meet all the requirements of subsection (b) of this section, such health spa sale shall be void, and the buyer shall at any time be entitled to a complete refund of all payments made under that contract.
  (3) Any person, company or organization which purchases a buyer’s obligations under a health spa sale, makes such purchase subject to the buyer’s right to cancel as explained in subsection (c) of this section, as if such person, company, or organization were the seller.
  (4) The principal consumer protection agency or the Corporation Counsel of the District of Columbia Government may seek in the proper court or administrative agency an order requiring a health spa to include in all health spa sale contracts the notice required in subsection (b)(4) of this section.
(e) (1) Each health spa which contracts health spa sales for goods or services to be provided or made available at a health spa which is planned, under construction, or in operation shall be required by the Department of Licensing and Consumer Protection (“Department”) to maintain a bond, issued by a surety company licensed to do business in the District of Columbia, in an amount not less than $50,000, or shall file with the Department an irrevocable letter of credit or cash in that amount. A buyer of a health spa sale who suffers or sustains any loss or damage by reason of breach of contract or bankruptcy by the seller or by reason of a violation by the seller of the provisions of this act [this section] may bring an action based on the bond and recover against the surety, the liability of the surety under any bond may not exceed the aggregate amount of the bond, regardless of the number or amount of claims filed. If the claims filed should exceed the amount of the bond, the surety shall pay the amount of the bond to the Department for distribution to claimants entitled to restitution and shall be relieved of all liability under the bond.
  (2) A health spa which states in writing, at the time it registers with the Department pursuant to subsection (f) of this section, that it will make health spa sales to no more than 100 persons, shall for as long as it abides by the agreement be required to purchase a surety bond in the amount of $25,000 or to file with the Department an irrevocable letter of credit or cash in that amount.
  (3) Each health spa, prior to making or contracting for any health spa sale, shall complete the registration required by subsection (f) of this section and shall file with the Department evidence that the bond or letter of credit is in force or shall file cash in lieu of the bond or letter of credit. Each health spa obtaining a bond or letter of credit shall file annually with the Department evidence that the bond or letter of credit remains in force, and shall maintain accurate records of the bond and premium payments on it, or of the letter of credit. These records shall be open to inspection by the Department at any time during normal business hours.
(f) (1) Each person or health spa which makes health spa sales in the District of Columbia shall register with the Department on forms provided by the Department. The person or health spa shall furnish the full name and address of each business location where health spa sales are contracted, a financial statement, and any other information the department deems appropriate.
  (2) Each seller of health spa sales in the District of Columbia shall designate a resident of the District of Columbia to serve as resident agent for receipt of service of process.
(g) Any person or health spa which makes or contracts to make any health spa sale in violation of subsection (e)(3) of this section shall be subject to a fine of not less than $1,000 and not more than the amount set forth in [ § 22-3571.01 ].
(h) The Department may bring an action to enjoin the sale of health spa memberships by any health spa which fails to comply with subsection (e)(3) of this section.
D.C. Code § 28:1-206 — DC Code / Title 28 / Chapter  / § 28:1-206
§ 28:1-206. Presumptions.
Status: in_force

Whenever this subtitle creates a presumption with respect to a fact, or provides that a fact is presumed, the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.
D.C. Code § 28-2959 — DC Code / Title 28 / Chapter 29A / § 28-2959
§ 28-2959. Injunction or similar relief.
Status: in_force

A court may enjoin, or grant similar relief that would have the effect of enjoining, a bank from paying a depositor or beneficiary only if payment would constitute a material fraud or facilitate a material fraud with respect to a special deposit.
D.C. Code § 28:2A-531 — DC Code / Title 28 / Chapter  / § 28:2A-531
§ 28:2A-531. Standing to sue third parties for injury to goods.
Status: in_force

(a) If a third party so deals with goods that have been identified to a lease contract as to cause actionable injury to a party to the lease contract:
  (1) The lessor has a right of action against the third party, and
  (2) The lessee also has a right of action against the third party if the lessee:
    (A) Has a security interest in the goods;
    (B) Has an insurable interest in the goods; or
    (C) Bears the risk of loss under the lease contract or has since the injury assumed that risk as against the lessor and the goods have been converted or destroyed.
(b) If at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the lease contract and there is no arrangement between them for disposition of the recovery, his or her suit or settlement, subject to his or her own interest, is as a fiduciary for the other party to the lease contract.
(c) Either party with the consent of the other may sue for the benefit of whom it may concern.
D.C. Code § 28:2-313 — DC Code / Title 28 / Chapter  / § 28:2-313
§ 28:2-313. Express warranties by affirmation, promise, description, sample.
Status: in_force

(1) Express warranties by the seller are created as follows:
  (a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.
  (b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.
  (c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.
(2) It is not necessary to the creation of an express warranty that the seller use formal words such as “warrant” or “guarantee” or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller’s opinion or commendation of the goods does not create a warranty.
D.C. Code § 28:9-322 — DC Code / Title 28 / Chapter  / § 28:9-322
§ 28:9-322. Priorities among conflicting security interests in and agricultural liens on same collateral.
Status: in_force

(a) Except as otherwise provided in this section, priority among conflicting security interests and agricultural liens in the same collateral is determined according to the following rules:
  (1) Conflicting perfected security interests and agricultural liens rank according to priority in time of filing or perfection. Priority dates from the earlier of the time a filing covering the collateral is first made or the security interest or agricultural lien is first perfected, if there is no period thereafter when there is neither filing nor perfection.
  (2) A perfected security interest or agricultural lien has priority over a conflicting unperfected security interest or agricultural lien.
  (3) The first security interest or agricultural lien to attach or become effective has priority if conflicting security interests and agricultural liens are unperfected.
(b) For the purposes subsection (a)(1):
  (1) The time of filing or perfection as to a security interest in collateral is also the time of filing or perfection as to a security interest in proceeds; and
  (2) The time of filing or perfection as to a security interest in collateral supported by a supporting obligation is also the time of filing or perfection as to a security interest in the supporting obligation.
(c) Except as otherwise provided in subsection (f), a security interest in collateral which qualifies for priority over a conflicting security interest under § 28:9-327 , 28:9-328, 28:9-329, 28:9-330, or 28:9-331 also has priority over a conflicting security interest in:
  (1) Any supporting obligation for the collateral; and
  (2) Proceeds of the collateral if:
    (A) The security interest in proceeds is perfected;
    (B) The proceeds are cash proceeds or of the same type as the collateral; and
    (C) In the case of proceeds that are proceeds of proceeds, all intervening proceeds are cash proceeds, proceeds of the same type as the collateral, or an account relating to the collateral.
(d) Subject to subsection (e) and except as otherwise provided in subsection (f), if a security interest in chattel paper, deposit accounts, negotiable documents, instruments, investment property, or letter-of-credit rights is perfected by a method other than filing, conflicting perfected security interests in proceeds of the collateral rank according to priority in time of filing.
(e) Subsection (d) applies only if the proceeds of the collateral are not cash proceeds, chattel paper, negotiable documents, instruments, investment property, or letter-of-credit rights.
(f) Subsections (a) through (e) are subject to:
  (1) Subsection (g) and the other provisions of this part;
  (2) § 28:4-210 with respect to a security interest of a collecting bank;
  (3) § 28:5-118 with respect to a security interest of an issuer or nominated person; and
  (4) § 28:9-110 with respect to a security interest arising under Article 2 or 2A.
(g) A perfected agricultural lien on collateral has priority over a conflicting security interest in or agricultural lien on the same collateral if the statute creating the agricultural lien so provides.
D.C. Code § 28:2-203 — DC Code / Title 28 / Chapter  / § 28:2-203
§ 28:2-203. Seals inoperative.
Status: in_force

The affixing of a seal to a record evidencing a contract for sale or an offer to buy or sell goods does not constitute the record a sealed instrument and the law with respect to sealed instruments does not apply to such a contract or offer.
D.C. Code § 28-4908 — DC Code / Title 28 / Chapter 49 / § 28-4908
§ 28-4908. Attribution and effect of electronic record and electronic signature.
Status: in_force

(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) of this section is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties’ agreement, if any, and otherwise as provided by law.
D.C. Code § 28-3862 — DC Code / Title 28 / Chapter 38 / § 28-3862
§ 28-3862. Security freeze.
Status: in_force

(a) A credit reporting agency shall place a security freeze on a consumer’s credit report if a consumer, providing proper identification, makes a request to the credit reporting agency by certified mail. In addition, on or before January 31, 2009, a credit reporting agency shall make available an Internet-based method of requesting a security freeze and shall accept requests by one of the following methods: telephone or regular mail.
(b) A credit reporting agency shall place the security freeze on the consumer’s credit report no later than 3 business days after receiving the request.
(c) The credit reporting agency shall send a written confirmation of the security freeze to the consumer within 5 business days of placing the freeze and at the same time shall provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the release of his or her credit report to a specific party or for a specific period of time.
(d) A consumer may thereafter request that a credit reporting agency allow his or her credit report to be accessed by a specific party or for a specific period of time by providing the following:
  (1) Proper identification;
  (2) The unique personal identification number or password provided by the credit reporting agency pursuant to subsection (c) of this section; and
  (3) The identity of the third party to receive the credit report or the time period for which the report shall be available to users of the credit report, if applicable.
(e) (1) A credit reporting agency that receives a request pursuant to subsection (d) of this section shall comply with the request no later than 3 business days after receiving the request.
  (2) On or before September 1, 2008, the consumer reporting agency shall develop the capability, and offer the option to the consumer, of honoring a request under subsection (d) of this section, through Internet-based and telephonic methods, within 15 minutes after the consumer’s request is received by the consumer reporting agency. A consumer reporting agency shall not be required to lift a security freeze within 15 minutes if:
    (A) The consumer fails to meet the requirements of subsection (d) of this section; or
    (B) The consumer reporting agency is unable to lift the security freeze because of:
      (i) An act of God, including fire, earthquakes, hurricanes or storms;
      (ii) Unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes, or disputes disrupting operations;
      (iii) Operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, or computer hardware or software failures inhibiting response time;
      (iv) Governmental action, including emergency orders or regulations, judicial or law enforcement action, or similar directives;
      (v) Regularly scheduled maintenance during other than normal business hours of, or updates to, the consumer reporting agency’s systems; or
      (vi) Commercially reasonable maintenance of, or repair to, the consumer reporting agency’s systems that is unexpected or unscheduled.
(f) A credit reporting agency may develop procedures involving the use of telephone, fax, or, upon the consent of the consumer in the manner required by the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001 et seq.), for legally required notices, by the Internet, e-mail, or other electronic media, to receive and process a request from a consumer to temporarily lift a freeze on a credit report pursuant to subsection (d) of this section.
(g) A credit reporting agency may permanently remove a freeze placed on a credit report, without a request from the consumer, if the credit reporting agency placed the freeze as a result of a material misrepresentation of fact by the consumer.
(h) A credit reporting agency shall send written notification to the consumer 5 business days prior to permanently removing a freeze on a credit report pursuant to subsection (g) of this section.
(i) If a third party requests access to a credit report on which a security freeze is in effect in connection with an application for credit and the consumer does not allow his or her consumer report to be accessed by that specific party or for that period of time, the third party may treat the application as incomplete.
(j) If a security freeze is in place, a credit report shall not be released to a third party without prior express authorization from the consumer. A credit reporting agency may advise a third party that a security freeze is in effect with respect to the credit report.
(k) A security freeze shall remain in place until the consumer requests its permanent removal in writing. On or before January 31, 2009, a credit reporting agency shall remove a security freeze within 3 business days of receiving a request for permanent removal from the consumer.
(l) A credit reporting agency shall not suggest or otherwise state or imply to a third party that the consumer’s security freeze reflects a negative credit score, history, report, or rating.
(m) Nothing in this section shall prevent the lawful use of a credit report by any of the following:
  (1) (A) A person or entity (including a subsidiary, affiliate, or agent of that person or entity; an assignee of a financial obligation owing by the consumer to that person or entity; or a prospective assignee of a financial obligation owing by the consumer to that person or entity), with which the consumer has or had prior to assignment an account or contract, including a demand deposit account, or to whom the consumer issued a negotiable instrument, for the purposes of reviewing the account in conjunction with the proposed purchase of a financial obligation or collecting the financial obligation owing for the account, contract, or negotiable instrument.
    (B) For purposes of this paragraph, the term “reviewing the account” includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements;
  (2) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under subsection (d) of this section for purposes of facilitating the extension of credit or other permissible use;
  (3) A person or entity acting pursuant to a court order, warrant, subpoena, or other compulsory process;
  (4) A state or local agency that administers a program for establishing and enforcing child support obligations;
  (5) A third party for the purposes of prescreening under section 604(e) of the Fair Credit Reporting Act, approved October 26, 1970 (84 Stat. 1129; 15 U.S.C. § 1681b(e));
  (6) A person or entity for the purpose of providing a consumer with a copy of his or her credit report upon the consumer’s request;
  (7) An insurance company, licensed in the District, for the purpose of setting or adjusting a rate or premium, adjusting a claim, or underwriting for property and casualty insurance purposes;
  (8) A person or entity administering a credit file monitoring subscription service to which the consumer has subscribed; or
  (9) A state, local, or federal government agency and its agents acting pursuant to a lawful investigation or to fulfill any of its other official duties.
(n) The following persons are not required to place a security freeze on a credit report:
  (1) A person or entity that acts only as a reseller of credit information by assembling and merging information contained in the database of another person or entity, or multiple persons or entities, and does not maintain a permanent database of credit information from which new credit reports are produced; provided, that a person or entity acting as a reseller shall honor any security freeze placed on a credit report by a credit reporting agency;
  (2) A check services or fraud prevention services company which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments; and
  (3) A deposit account information service company which issues reports regarding account closures due to fraud, substantial overdrafts, ATM abuse, or similar negative information regarding a consumer to inquiring banks or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring bank or financial institution.
(o) A consumer reporting agency may charge a consumer for a security freeze service only as follows:
  (1) For the initial application for the consumer’s first personal identification number or password, the consumer may be charged $10.
  (2) If the consumer fails to retain the original personal identification number or password provided by the agency, the consumer may not be charged for a one-time reissue of the same or a new personal identification number or password, but may be charged an amount not to exceed $10 for subsequent instances of loss and reissuance of a new personal identification number or password.
  (3) Notwithstanding the foregoing, a consumer who has been a victim of identity theft shall not be charged any fee, but may be charged an amount not to exceed $10 for second or subsequent instances of loss and reissuance of a new personal identification number or password, for placement of a security freeze on his or her report.
D.C. Code § 28:9-209 — DC Code / Title 28 / Chapter  / § 28:9-209
§ 28:9-209. Duties of secured party if account debtor has been notified of assignment.
Status: in_force

(a) Except as otherwise provided in subsection (c), this section applies if:
  (1) There is no outstanding secured obligation; and
  (2) The secured party is not committed to make advances, incur obligations, or otherwise give value.
(b) Within 10 days after receiving a signed demand by the debtor, a secured party shall send to an account debtor that has received notification under § 28:9-406(a) or § 28:12-106(b) of an assignment to the secured party as assignee a signed record that releases the account debtor from any further obligation to the secured party.
(c) This section does not apply to an assignment constituting the sale of an account, chattel paper, or payment intangible.
D.C. Code § 28:2-723 — DC Code / Title 28 / Chapter  / § 28:2-723
§ 28:2-723. Proof of market price: time and place.
Status: in_force

(1) If an action based on anticipatory repudiation comes to trial before the time for performance with respect to some or all of the goods, any damages based on market price (section 28:2-708 or section 28:2-713) shall be determined according to the price of such goods prevailing at the time when the aggrieved party learned of the repudiation.
(2) If evidence of a price prevailing at the times or places described in this article is not readily available the price prevailing within any reasonable time before or after the time described or at any other place which in commercial judgment or under usage of trade would serve as a reasonable substitute for the one described may be used, making any proper allowance for the cost of transporting the goods to or from such other place.
(3) Evidence of a relevant price prevailing at a time or place other than the one described in this article offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise.
D.C. Code § 28:9-308 — DC Code / Title 28 / Chapter  / § 28:9-308
§ 28:9-308. When security interest or agricultural lien is perfected; continuity of perfection.
Status: in_force

(a) Except as otherwise provided in this section and § 28:9-309 , a security interest is perfected if it has attached and all of the applicable requirements for perfection in §§ 28:9-310 through 28:9-316 have been satisfied. A security interest is perfected when it attaches if the applicable requirements are satisfied before the security interest attaches.
(b) An agricultural lien is perfected if it has become effective and all of the applicable requirements for perfection in § 28:9-310 have been satisfied. An agricultural lien is perfected when it becomes effective if the applicable requirements are satisfied before the agricultural lien becomes effective.
(c) A security interest or agricultural lien is perfected continuously if it is originally perfected by one method under this article and is later perfected by another method under this article, without an intermediate period when it was unperfected.
(d) Perfection of a security interest in collateral also perfects a security interest in a supporting obligation for the collateral.
(e) Perfection of a security interest in a right to payment or performance also perfects a security interest in a security interest, mortgage, or other lien on personal or real property securing the right.
(f) Perfection of a security interest in a securities account also perfects a security interest in the security entitlements carried in the securities account.
(g) Perfection of a security interest in a commodity account also perfects a security interest in the commodity contracts carried in the commodity account.
D.C. Code § 28:4A-502 — DC Code / Title 28 / Chapter  / § 28:4A-502
§ 28:4A-502. Creditor process served on receiving bank; setoff by beneficiary’s bank.
Status: in_force

(a) As used in this section, “creditor process” means levy, attachment, garnishment, notice of lien, sequestration, or similar process issued by or on behalf of a creditor or other claimant with respect to an account.
(b) This subsection applies to creditor process with respect to an authorized account of the sender of a payment order if the creditor process is served on the receiving bank. For the purpose of determining rights with respect to the creditor process, if the receiving bank accepts the payment order the balance in the authorized account is deemed to be reduced by the amount of the payment order to the extent the bank did not otherwise receive payment of the order, unless the creditor process is served at a time and in a manner affording the bank a reasonable opportunity to act on it before the bank accepts the payment order.
(c) If a beneficiary’s bank has received a payment order for payment to the beneficiary’s account in the bank, the following rules apply:
  (1) The bank may credit the beneficiary’s account. The amount credited may be set off against an obligation owed by the beneficiary to the bank or may be applied to satisfy creditor process served on the bank with respect to the account.
  (2) The bank may credit the beneficiary’s account and allow withdrawal of the amount credited unless creditor process with respect to the account is served at a time and in a manner affording the bank a reasonable opportunity to act to prevent withdrawal.
  (3) If creditor process with respect to the beneficiary’s account has been served and the bank has had a reasonable opportunity to act on it, the bank may not reject the payment order except for a reason unrelated to the service of process.
(d) Creditor process with respect to a payment by the originator to the beneficiary pursuant to a funds transfer may be served only on the beneficiary’s bank with respect to the debt owed by that bank to the beneficiary. Any other bank served with the creditor process is not obliged to act with respect to the process.
D.C. Code § 28:2A-222 — DC Code / Title 28 / Chapter  / § 28:2A-222
§ 28:2A-222. Food or beverage service charge exclusion.
Status: in_force

(a) Absent any language to the contrary in a lease for a commercial tenancy, service charges shall not constitute sales for the purposes of calculating percentage or other rent for the property leased. If there is any ambiguity in the lease language concerning the inclusion of service charges in calculating rent payable for commercial property leased, there shall be a presumption that service fees are not to be included in the calculation.
(b) For purposes of this section, the term "service charge" means any mandatory fee paid as a percentage of the total cost of the food or beverages if the food or beverages are served to fewer than 11 persons and the fee is used to pay base wages or tips of the employees of the vendor.
D.C. Code § 28:9-510 — DC Code / Title 28 / Chapter  / § 28:9-510
§ 28:9-510. Effectiveness of filed record.
Status: in_force

(a) A filed record is effective only to the extent that it was filed by a person that may file it under § 28:9-509 .
(b) A record authorized by one secured party of record does not affect the financing statement with respect to another secured party of record.
(c) A continuation statement that is not filed within the 6-month period prescribed by § 28:9-515(d) is ineffective.
D.C. Code § 28:4-303 — DC Code / Title 28 / Chapter  / § 28:4-303
§ 28:4-303. When items subject to notice, stop-payment order, legal process, or setoff; order in which items may be charged or certified.
Status: in_force

(a) Any knowledge, notice, or stop-payment order received by, legal process served upon, or setoff exercised by a payor bank comes too late to terminate, suspend, or modify the bank’s right or duty to pay an item or to charge its customer’s account for the item if the knowledge, notice, stop-payment order, or legal process is received or served and a reasonable time for the bank to act thereon expires or the setoff is exercised after the earliest of the following:
  (1) The bank accepts or certifies the item;
  (2) The bank pays the item in cash;
  (3) The bank settles for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement;
  (4) The bank becomes accountable for the amount of the item under section 28:4-302 dealing with the payor bank’s responsibility for late return of items; or
  (5) With respect to checks, a cutoff hour no earlier than one hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.
(b) Subject to subsection (a) of this section, items may be accepted, paid, certified, or charged to the indicated account of its customer in any order.
D.C. Code § 28:4-108 — DC Code / Title 28 / Chapter  / § 28:4-108
§ 28:4-108. Time of receipt of items.
Status: in_force

(a) For the purpose of allowing time to process items, prove balances, and make the necessary entries on its books to determine its position for the day, a bank may fix an afternoon hour of 2 p.m. or later as a cutoff hour for the handling of money and items and the making of entries on its books.
(b) An item or deposit of money received on any day after a cutoff hour so fixed or after the close of the banking day may be treated as being received at the opening of the next banking day.
D.C. Code § 28:2A-210 — DC Code / Title 28 / Chapter  / § 28:2A-210
§ 28:2A-210. Express warranties.
Status: in_force

(a) Express warranties by the lessor are created as follows:
  (1) Any affirmation of fact or promise made by the lessor to the lessee which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise.
  (2) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods will conform to the description.
  (3) Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model.
(b) It is not necessary to the creation of an express warranty that the lessor use formal words, such as “warrant” or “guarantee,” or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor’s opinion or commendation of the goods does not create a warranty.
D.C. Code § 28-5302 — DC Code / Title 28 / Chapter 53 / § 28-5302
§ 28-5302. Prohibited practices; required disclosures.
Status: in_force

(a) An immigration service provider shall not:
  (1) Provide legal representation for an immigration matter;
  (2) Make a misrepresentation or false statement to influence, persuade, or encourage a client to use the immigration service provider;
  (3) Insinuate or make a statement that the immigration service provider can or will obtain special favors from or has special influence with the United States Department of Homeland Security, the United States Department of Labor, the United States Department of State, the United States Department of Justice, the United States Department of Commerce, or any other agency, office, or instrumentality of the United States government;
  (4) Collect any fees or other compensation for an immigration service that has not yet been performed;
  (5) Refuse to return documents supplied by, prepared by, or paid for by a client, at the client's request;
  (6) Represent, advertise, or communicate in any manner that the immigration service provider possesses titles or credentials that would qualify the immigration service provider to provide legal representation; or
  (7) Translate in any document, including an advertisement, stationery, letterhead, business card, or other comparable written material describing the immigration service provider, from English to another language, any words or titles, including "notary public", "notary", "licensed", "attorney", or "lawyer", that imply that the immigration service provider is an attorney. The translation of the phrase "notary public" into Spanish as " notario " or " notario publico " is prohibited.
(b) Each immigration service provider shall post, in English and in each language in which the immigration service provider provides or offers to provide an immigration service, at every location where the immigration service provider meets with clients, signs that shall include the name of each immigration service provider and the phrase:
D.C. Code § 28-3501 — DC Code / Title 28 / Chapter 35 / § 28-3501
§ 28-3501. Estate created otherwise than by deed.
Status: in_force

An estate, attempted to be created for a greater term than one year in real estate, other than by deed, is an estate by sufferance.
D.C. Code § 28-4914 — DC Code / Title 28 / Chapter 49 / § 28-4914
§ 28-4914. Time and place of sending and receipt.
Status: in_force

(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
  (1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
  (2) Is in a form capable of being processed by that system; and
  (3) Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(b) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
  (1) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
  (2) It is in a form capable of being processed by that system.
(c) Subsection (b) of this section applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (d) of this section.
(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender’s place of business and to be received at the recipient’s place of business. For purposes of this subsection, the following rules apply:
  (1) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.
  (2) If the sender or the recipient does not have a place of business, the place of business is the sender’s or recipient’s residence, as the case may be.
(e) An electronic record is received under subsection (b) of this section even if no individual is aware of its receipt.
(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) of this section establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g) If a person is aware that an electronic record purportedly sent under subsection (a) of this section, or purportedly received under subsection (b) of this section, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
D.C. Code § 28:3-411 — DC Code / Title 28 / Chapter  / § 28:3-411
§ 28:3-411. Refusal to pay cashier’s checks, teller’s checks, and certified checks.
Status: in_force

(a) In this section, “obligated bank” means the acceptor of a certified check or the issuer of a cashier’s check or teller’s check bought from the issuer.
(b) If the obligated bank wrongfully (i) refuses to pay a cashier’s check or certified check, (ii) stops payment of a teller’s check, or (iii) refuses to pay a dishonored teller’s check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages.
(c) Expenses or consequential damages under subsection (b) of this section are not recoverable if the refusal of the obligated bank to pay occurs because (i) the bank suspends payments, (ii) the obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument, (iii) the obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument, or (iv) payment is prohibited by law.
D.C. Code § 28-4524 — DC Code / Title 28 / Chapter 45A / § 28-4524
§ 28-4524. Unfair trade practice.
Status: in_force

The secret payment or allowance of rebates, refunds, commissions, or unearned discounts for cigarettes, whether in the form of money or otherwise, or secretly extending to certain purchasers of cigarettes special services or privileges not extended to all purchasers of cigarettes, upon like terms and conditions, to the injury of a competitor, and where such payment or allowance tends to destroy competition, is an unfair trade practice. Any wholesaler or retailer of cigarettes resorting to such an unfair trade practice shall be subject to the penalties provided in § 28-4525 .
D.C. Code § 28-4702 — DC Code / Title 28 / Chapter 47 / § 28-4702
§ 28-4702. Standard of care; portfolio strategy; risk and return objectives.
Status: repealed

Repealed.
D.C. Code § 28-4555 — DC Code / Title 28 / Chapter 45B / § 28-4555
§ 28-4555. Judicial remedies.
Status: in_force

(a) Any affected party, including the District of Columbia, shall have standing to file a civil suit in a court of competent jurisdiction for a violation of this chapter and to seek a remedy, including declaratory and injunctive relief. If the District of Columbia is the plaintiff, it may seek remedies on its own behalf, on behalf of all residents of the District of Columbia, or both.
(b) If a judge of a court of competent jurisdiction finds that there has been excessive pricing in a suit filed by an affected party, the judge shall levy the appropriate civil penalties and may order, if supported by the evidence:
  (1) Temporary, preliminary, or permanent injunctions to enjoin the sales of prescription drugs in the District at excessive prices;
  (2) Appropriate fines for each violation;
  (3) Damages, including treble damages;
  (4) Reasonable attorney’s fees;
  (5) The cost of litigation; or
  (6) Any other relief the court deems proper.
D.C. Code § 28:8-506 — DC Code / Title 28 / Chapter  / § 28:8-506
§ 28:8-506. Duty of securities intermediary to exercise rights as directed by entitlement holder.
Status: in_force

A securities intermediary shall exercise rights with respect to a financial asset if directed to do so by an entitlement holder. A securities intermediary satisfies the duty if:
(1) The securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or
(2) In the absence of agreement, the securities intermediary either places the entitlement holder in a position to exercise the rights directly or exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder.
D.C. Code § 28:8-203 — DC Code / Title 28 / Chapter  / § 28:8-203
§ 28:8-203. Staleness as notice of defect or defense.
Status: in_force

After an act or event, other than a call that has been revoked, creating a right to immediate performance of the principal obligation represented by a certificated security or setting a date on or after which the security is to be presented or surrendered for redemption or exchange, a purchaser is charged with notice of any defect in its issue or defense of the issuer, if the act or event:
(1) Requires the payment of money, the delivery of a certificated security, the registration of transfer of an uncertificated security, or any of them on presentation or surrender of the security certificate, the money or security is available on the date set for payment or exchange, and the purchaser takes the security more than one year after that date; or
(2) Is not covered by paragraph (1) of this subsection and the purchaser takes the security more than 2 years after the date set for surrender or presentation or the date on which performance became due.
D.C. Code § 28-2955 — DC Code / Title 28 / Chapter 29A / § 28-2955
§ 28-2955. Permissible purpose.
Status: in_force

(a) A special deposit must serve at least one permissible purpose stated in the account agreement from the time the special deposit is created in the account agreement until termination of the special deposit.
(b) If, before termination of the special deposit, the bank or a court determines the special deposit no longer satisfies subsection (a) of this section, §§ 28-2957 through 28-2960 shall cease to apply to any funds deposited in the special deposit after the special deposit ceases to satisfy subsection (a) of this section.
(c) If, before termination of a special deposit, the bank determines the special deposit no longer satisfies subsection (a) of this section, the bank may take action it believes is necessary under the circumstances, including terminating the special deposit.
D.C. Code § 28:2A-406 — DC Code / Title 28 / Chapter  / § 28:2A-406
§ 28:2A-406. Procedure on excused performance.
Status: in_force

(a) If the lessee receives notification of a material or indefinite delay or an allocation justified under § 28:2A-405 , the lessee may by written notification to the lessor as to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired ( § 28:2A-510 ):
  (1) Terminate the lease contract ( § 28:2A-505(b) ); or
  (2) Except in a finance lease that is not a consumer lease, modify the lease contract by accepting the available quota in substitution, with due allowance from the rent payable for the balance of the lease term for the deficiency but without further right against the lessor.
(b) If, after receipt of a notification from the lessor under § 28:2A-405 , the lessee fails so to modify the lease agreement within a reasonable time not exceeding 30 days, the lease contract lapses with respect to any deliveries affected.
D.C. Code § 28:9-325 — DC Code / Title 28 / Chapter  / § 28:9-325
§ 28:9-325. Priority of security interests in transferred collateral.
Status: in_force

(a) Except as otherwise provided in subsection (b), a security interest created by a debtor is subordinate to a security interest in the same collateral created by another person if:
  (1) The debtor acquired the collateral subject to the security interest created by the other person;
  (2) The security interest created by the other person was perfected when the debtor acquired the collateral; and
  (3) There is no period thereafter when the security interest is unperfected.
(b) Subsection (a) subordinates a security interest only if the security interest:
  (1) Otherwise would have priority solely under § 28:9-322(a) or 28:9-324; or
  (2) Arose solely under § 28:2-711(3) or 2A-508(5).
D.C. Code § 28:2-701 — DC Code / Title 28 / Chapter  / § 28:2-701
§ 28:2-701. Remedies for breach of collateral contracts not impaired.
Status: in_force

Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this article.
D.C. Code § 28:2A-206 — DC Code / Title 28 / Chapter  / § 28:2A-206
§ 28:2A-206. Offer and acceptance in formation of lease contract.
Status: in_force

(a) Unless otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.
(b) If the beginning of a requested performance is a reasonable mode of acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
D.C. Code § 28:2-317 — DC Code / Title 28 / Chapter  / § 28:2-317
§ 28:2-317. Cumulation and conflict of warranties express or implied.
Status: in_force

Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply:
(a) Exact or technical specifications displace an inconsistent sample or model or general language of description.
(b) A sample from an existing bulk displaces inconsistent general language of description.
(c) Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
D.C. Code § 28:2-325 — DC Code / Title 28 / Chapter  / § 28:2-325
§ 28:2-325. “Letter of credit” term; “confirmed credit”.
Status: in_force

(1) Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale.
(2) The delivery to seller of a proper letter of credit suspends the buyer’s obligation to pay. If the letter of credit is dishonored, the seller may on seasonable notification to the buyer require payment directly from him.
(3) Unless otherwise agreed the term “letter of credit” or “banker’s credit” in a contract for sale means an irrevocable credit issued by a financing agency of good repute and, where the shipment is overseas, of good international repute. The term “confirmed credit” means that the credit must also carry the direct obligation of such an agency which does business in the seller’s financial market.
D.C. Code § 28:9-503 — DC Code / Title 28 / Chapter  / § 28:9-503
§ 28:9-503. Name of debtor and secured party.
Status: in_force

(a) A financing statement sufficiently provides the name of the debtor:
  (1) Except as otherwise provided in paragraph (3) of this subsection, if the debtor is a registered organization or the collateral is held in a trust that is a registered organization, only if the financing statement provides the name that is stated to be the registered organization’s name on the public organic record most recently filed with or issued or enacted by the registered organization’s jurisdiction of organization which purports to state, amend, or restate the registered organization’s name;
  (2) Subject to subsection (f) of this section, if the collateral is being administered by the personal representative of a decedent, only if the financing statement provides, as the name of the debtor, the name of the decedent and, in a separate part of the financing statement, indicates that the collateral is being administered by a personal representative;
  (3) If the collateral is held in a trust that is not a registered organization, only if the financing statement:
    (A) Provides, as the name of the debtor:
      (i) If the organic record of the trust specifies a name for the trust, the name specified; or
      (ii) If the organic record of the trust does not specify a name for the trust, the name of the settlor or testator; and
    (B) In a separate part of the financing statement:
      (i) If the name is provided in accordance with subparagraph (A)(i) of this paragraph, indicates that the collateral is held in a trust; or
      (ii) If the name is provided in accordance with subparagraph (A)(ii) of this paragraph, provides additional information sufficient to distinguish the trust from other trusts having one or more of the same settlors or the same testator and indicates that the collateral is held in a trust, unless the additional information so indicates;
  (4) Subject to subsection (g) of this section, if the debtor is an individual to whom the District has issued a driver’s license that has not expired, or to whom the agency of the District that issues driver’s licenses has issued, instead of a driver’s license, a special identification card that has not become invalid, only if the financing statement provides the name of the individual which is indicated on the driver’s license or special identification card;
  (5) If the debtor is an individual to whom paragraph (4) of this subsection does not apply, only if the financing statement provides the individual name of the debtor or the surname and first personal name of the debtor; and
  (6) In other cases:
    (A) If the debtor has a name, only if the financing statement provides the organizational name of the debtor; and
    (B) If the debtor does not have a name, only if it provides the names of the partners, members, associates, or other persons comprising the debtor, in a manner that each name provided would be sufficient if the person named were the debtor.
(b) A financing statement that provides the name of the debtor in accordance with subsection (a) of this section is not rendered ineffective by the absence of:
  (1) A trade name or other name of the debtor; or
  (2) Unless required under subsection (a)(6)(B) of this section, names of partners, members, associates, or other persons comprising the debtor.
(c) A financing statement that provides only the debtor’s trade name does not sufficiently provide the name of the debtor.
(d) Failure to indicate the representative capacity of a secured party or representative of a secured party does not affect the sufficiency of a financing statement.
(e) A financing statement may provide the name of more than one debtor and the name of more than one secured party.
(f) The name of the decedent indicated on the order appointing the personal representative of the decedent issued by the court having jurisdiction over the collateral is sufficient as the “name of the decedent” under subsection (a)(2) of this section.
(g) If the District has issued to an individual more than one driver’s license, or special identification card, of a kind described in subsection (a)(4) of this section, the one that was issued most recently is the one to which subsection (a)(4) of this section refers.
(h) In this section, the “name of the settlor or testator” means:
  (1) If the settlor is a registered organization, the name that is stated to be the settlor’s name on the public organic record most recently filed with or issued or enacted by the settlor’s jurisdiction of organization which purports to state, amend, or restate the settlor’s name; or
  (2) In other cases, the name of the settlor or testator indicated in the trust’s organic record.
D.C. Code § 28:4-502 — DC Code / Title 28 / Chapter  / § 28:4-502
§ 28:4-502. Presentment of “on arrival” drafts.
Status: in_force

If a draft or the relevant instructions require presentment “on arrival”, “when goods arrive”, or the like, the collecting bank need not present until in its judgment a reasonable time for arrival of the goods has expired. Refusal to pay or accept because the goods have not arrived is not dishonor; the bank must notify its transferor of the refusal but need not present the draft again until it is instructed to do so or it learns of the arrival of the goods.
D.C. Code § 28:3-505 — DC Code / Title 28 / Chapter  / § 28:3-505
§ 28:3-505. Evidence of dishonor.
Status: in_force

(a) The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated:
  (1) A document regular in form as provided in subsection (b) of this section which purports to be a protest;
  (2) A purported stamp or writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor;
  (3) A book or record of the drawee, payor bank, or collecting bank, kept in the usual course of business which shows dishonor, even if there is no evidence of who made the entry.
(b) A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.
D.C. Code § 28:9-406 — DC Code / Title 28 / Chapter  / § 28:9-406
§ 28:9-406. Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective.
Status: in_force

(a) Subject to subsections (b) through (k) of this section, an account debtor on an account, chattel paper, or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, signed by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the notification, the account debtor may discharge its obligation by paying the assignee and may not discharge the obligation by paying the assignor.
(b) Subject to subsections (h) and (k), notification is ineffective under subsection (a):
  (1) If it does not reasonably identify the rights assigned;
  (2) To the extent that an agreement between an account debtor and a seller of a  payment intangible limits the account debtor’s duty to pay a person other than the seller and the limitation is effective under law other than this article; or
  (3) At the option of an account debtor, if the notification notifies the account debtor to make less than the full amount of any installment or other periodic payment to the assignee, even if:
    (A) Only a portion of the account, chattel paper, or payment intangible has been assigned to that assignee;
    (B) A portion has been assigned to another assignee; or
    (C) The account debtor knows that the assignment to that assignee is limited.
(c) Subject to subsections (h) and (k), if requested by the account debtor, an assignee shall seasonably furnish reasonable proof that the assignment has been made. Unless the assignee complies, the account debtor may discharge its obligation by paying the assignor, even if the account debtor has received a notification under subsection (a).
(d) In this subsection, "promissory note" includes a negotiable instrument that evidences chattel paper. Except as otherwise provided in subsections (e) and (j) of this section and §§ 28:2A-303 and 28:9-407 , and subject to subsection (h), a term in an agreement between an account debtor and an assignor or in a promissory note is ineffective to the extent that it:
  (1) Prohibits, restricts, or requires the consent of the account debtor or person obligated on the promissory note to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account, chattel paper, payment intangible, or promissory note; or
  (2) Provides that the assignment or transfer or the creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account, chattel paper, payment intangible, or promissory note.
(e) Subsection (d) does not apply to the sale of a payment intangible or promissory note, other than a sale pursuant to a disposition under § 28:9-610 or an acceptance of collateral under § 28:9-620 .
(f) Except as otherwise provided in §§ subsection (j) of this section and §§ 28:2A-303 and 28:9-407 and subject to subsections (h) and (i), a rule of law, statute, or regulation that prohibits, restricts, or requires the consent of a government, governmental body or official, or account debtor to the assignment or transfer of, or creation of a security interest in, an account or chattel paper is ineffective to the extent that the rule of law, statute, or regulation:
  (1) Prohibits, restricts, or requires the consent of the government, governmental body or official, or account debtor to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account or chattel paper; or
  (2) Provides that the assignment or transfer or the creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account or chattel paper.
(g) Subject to subsections (h) and (k) of this section, an account debtor may not waive or vary its option under subsection (b)(3).
(h) This section is subject to law other than this article which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
(i) This section does not apply to an assignment of a health-care-insurance receivable.
(j) Subsections (d) and (e) of this section do not apply to a security interest in an ownership interest in a general partnership, limited partnership, or limited liability company.
(k) Subsections (a), (b), (c) and (g) of this section do not apply to a controllable account or controllable payment intangible.
D.C. Code § 28:2-207 — DC Code / Title 28 / Chapter  / § 28:2-207
§ 28:2-207. Additional terms in acceptance or confirmation.
Status: in_force

(1) A definite and seasonable expression of acceptance or a written conformation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.
(2) The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless:
  (a) the offer expressly limits acceptance to the terms of the offer;
  (b) they materially alter it; or
  (c) notification of objection to them has already been given or is given within a reasonable time after notice of them is received.
(3) Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this subtitle.
D.C. Code § 28:2A-214 — DC Code / Title 28 / Chapter  / § 28:2A-214
§ 28:2A-214. Exclusion or modification of warranties.
Status: in_force

(a) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be construed wherever reasonable as consistent with each other; but, subject to the provisions of § 28:2A-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable.
(b) Subject to subsection (c) of this section, to exclude or modify the implied warranty of merchantability or any part of it the language must mention “merchantability”, be by a writing, and be conspicuous. Subject to subsection (c) of this section, to exclude or modify any implied warranty of fitness the exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, is conspicuous and states, for example, “There is no warranty that the goods will be fit for a particular purpose”.
(c) Notwithstanding subsection (b) of this section, but subject to subsection (d) of this section:
  (1) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like “as is,” or “with all faults,” or by other language that in common understanding calls the lessee’s attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous;
  (2) if the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed; and
  (3) an implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade.
(d) To exclude or modify a warranty against interference or against infringement ( § 28:2A-211 ) or any part of it, the language must be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person.
D.C. Code § 28:4A-209 — DC Code / Title 28 / Chapter  / § 28:4A-209
§ 28:4A-209. Acceptance of payment order.
Status: in_force

(a) Subject to subsection (d) of this section, a receiving bank other than the beneficiary’s bank accepts a payment order when it executes the order.
(b) Subject to subsections (c) and (d) of this section, a beneficiary’s bank accepts a payment order at the earliest of the following times:
  (1) When the bank (i) pays the beneficiary as stated in § 28:4A-405(a) or § 28:4A-405(b) , or (ii) notifies the beneficiary of receipt of the order or that the account of the beneficiary has been credited with respect to the order unless the notice indicates that the bank is rejecting the order or that funds with respect to the order may not be withdrawn or used until receipt of payment from the sender of the order;
  (2) When the bank receives payment of the entire amount of the sender’s order pursuant to § 28:4A-403(a)(1) or § 28:4A-403(a)(2) ; or
  (3) The opening of the next funds-transfer business day of the bank following the payment date of the order if, at that time, the amount of the sender’s order is fully covered by a withdrawable credit balance in an authorized account of the sender or the bank has otherwise received full payment from the sender, unless the order was rejected before that time or is rejected within (i) one hour after that time, or (ii) one hour after the opening of the next business day of the sender following the payment date if that time is later. If notice of rejection is received by the sender after the payment date and the authorized account of the sender does not bear interest, the bank is obliged to pay interest to the sender on the amount of the order for the number of days elapsing after the payment date to the day the sender receives notice or learns that the order was not accepted, counting that day as an elapsed day. If the withdrawable credit balance during that period falls below the amount of the order, the amount of interest payable is reduced accordingly.
(c) Acceptance of a payment order cannot occur before the order is received by the receiving bank. Acceptance does not occur under subsection (b)(2) or (b)(3) of this section if the beneficiary of the payment order does not have an account with the receiving bank, the account has been closed, or the receiving bank is not permitted by law to receive credits for the beneficiary’s account.
(d) A payment order issued to the originator’s bank cannot be accepted until the payment date if the bank is the beneficiary’s bank, or the execution date if the bank is not the beneficiary’s bank. If the originator’s bank executes the originator’s payment order before the execution date or pays the beneficiary of the originator’s payment order before the payment date and the payment order is subsequently cancelled pursuant to § 28:4A-211(b) , the bank may recover from the beneficiary any payment received to the extent allowed by the law governing mistake and restitution.
D.C. Code § 28:2-318 — DC Code / Title 28 / Chapter  / § 28:2-318
§ 28:2-318. Third party beneficiaries of warranties express or implied.
Status: in_force

A seller’s warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who is a guest in his home if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in person by breach of the warranty. A seller may not exclude or limit the operation of this section.
D.C. Code § 28:1-304 — DC Code / Title 28 / Chapter  / § 28:1-304
§ 28:1-304. Obligation of good faith.
Status: in_force

Every contract or duty within this subtitle imposes an obligation of good faith in its performance and enforcement.
D.C. Code § 28:2A-401 — DC Code / Title 28 / Chapter  / § 28:2A-401
§ 28:2A-401. Insecurity: adequate assurance of performance.
Status: in_force

(a) A lease contract imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired.
(b) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance. Until the insecure party receives that assurance, if commercially reasonable the insecure party may suspend any performance for which he or she has not already received the agreed return.
(c) A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of the particular case is not provided to the insecure party within a reasonable time, not to exceed 30 days after receipt of a demand by the other party.
(d) Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered must be determined according to commercial standards.
(e) Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved party’s right to demand adequate assurance of future performance.
D.C. Code § 28:8-502 — DC Code / Title 28 / Chapter  / § 28:8-502
§ 28:8-502. Assertion of adverse claim against entitlement holder.
Status: in_force

An action based on an adverse claim to a financial asset, whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against a person who acquires a security entitlement under § 28:8-501 for value and without notice of the adverse claim.
D.C. Code § 28:9-623 — DC Code / Title 28 / Chapter  / § 28:9-623
§ 28:9-623. Right to redeem collateral.
Status: in_force

(a) A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral.
(b) To redeem collateral, a person shall tender:
  (1) Fulfillment of all obligations secured by the collateral; and
  (2) The reasonable expenses and attorney’s fees described in § 28:9-615(a)(1) .
(c) A redemption may occur at any time before a secured party:
  (1) Has collected collateral under § 28:9-607 ;
  (2) Has disposed of collateral or entered into a contract for its disposition under § 28:9-610 ; or
  (3) Has accepted collateral in full or partial satisfaction of the obligation it secures under § 28:9-622 .
D.C. Code § 28:5-108 — DC Code / Title 28 / Chapter  / § 28:5-108
§ 28:5-108. Issuer’s rights and obligations.
Status: in_force

(a) Except as otherwise provided in § 28:5-109 , an issuer shall honor a presentation that, as determined by the standard practice referred to in subsection (e) of this section, appears on its face strictly to comply with the terms and conditions of the letter of credit. Except as otherwise provided in § 28:5-113 and unless otherwise agreed with the applicant, an issuer shall dishonor a presentation that does not appear so to comply.
(b) An issuer has a reasonable time after presentation, but not beyond the end of the seventh business day of the issuer after the day of its receipt of documents:
  (1) To honor;
  (2) If the letter of credit provides for honor to be completed more than 7 business days after presentation, to accept a draft or incur a deferred obligation; or
  (3) To give notice to the presenter of discrepancies in the presentation.
(c) Except as otherwise provided in subsection (d) of this section, an issuer is precluded from asserting as a basis for dishonor any discrepancy if timely notice is not given, or any discrepancy not stated in the notice if timely notice is given.
(d) Failure to give the notice specified in subsection (b) of this section or to mention fraud, forgery, or expiration in the notice does not preclude the issuer from asserting as a basis for dishonor fraud or forgery as described in § 28:5-109(a) or expiration of the letter of credit before presentation.
(e) An issuer shall observe standard practice of financial institutions that regularly issue letters of credit. Determination of the issuer’s observance of the standard practice is a matter of interpretation for the court. The court shall offer the parties a reasonable opportunity to present evidence of the standard practice.
(f) An issuer is not responsible for:
  (1) The performance or nonperformance of the underlying contract, arrangement, or transaction;
  (2) An act or omission of others; or
  (3) Observance or knowledge of the usage of a particular trade other than the standard practice referred to in subsection (e) of this section.
(g) If an undertaking constituting a letter of credit under § 28:5-102(a)(10) contains nondocumentary conditions, an issuer shall disregard the nondocumentary conditions and treat them as if they were not stated.
(h) An issuer that has dishonored a presentation shall return the documents or hold them at the disposal of, and send advice to that effect to, the presenter.
(i) An issuer that has honored a presentation as permitted or required by this article:
  (1) Is entitled to be reimbursed by the applicant in immediately available funds not later than the date of its payment of funds;
  (2) Takes the documents free of claims of the beneficiary or presenter;
  (3) Is precluded from asserting a right of recourse on a draft under § 28:3-414 and 28:3-415;
  (4) Except as otherwise provided in § 28:5-110 and § 28:5-117 , is precluded from restitution of money paid or other value given by mistake to the extent the mistake concerns discrepancies in the documents or tender which are apparent on the face of the presentation; and
  (5) Is discharged to the extent of its performance under the letter of credit unless the issuer honored a presentation in which a required signature of a beneficiary was forged.
D.C. Code § 28:7-102 — DC Code / Title 28 / Chapter  / § 28:7-102
§ 28:7-102. Definitions and index of definitions.
Status: in_force

(a) In this article, unless the context otherwise requires, the term:
  (1) “Bailee” means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them.
  (2) “Carrier” means a person that issues a bill of lading.
  (3) “Consignee” means a person named in a bill of lading to which or to whose order the bill promises delivery.
  (4) “Consignor” means a person named in a bill of lading as the person from which the goods have been received for shipment.
  (5) “Delivery order” means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading.
  (6) “Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.
  (7) “Goods” means all things that are treated as movable for the purposes of a contract for storage or transportation.
  (8) “Issuer” means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. The term “issuer” includes a person for which an agent or employee purports to act in issuing a document if the agent or employee has real or apparent authority to issue documents, even if the issuer did not receive any goods, the goods were misdescribed, or in any other respect the agent or employee violated the issuer’s instructions.
  (9) “Person entitled under the document” means the holder, in the case of a negotiable document of title or the person to which delivery of the goods is to be made by the terms of or pursuant to instructions in a record under a nonnegotiable document of title.
  (10) [Repealed].
  (11) “Shipper” means a person that enters into a contract of transportation with a carrier.
  (12) [Repealed].
  (13) “Warehouse” means a person engaged in the business of storing goods for hire.
(b) Definitions in other articles applying to this article and the sections in which they appear include:
  (1) “Contract for sale”, § 28:2-106 .
  (2) “Lessee in the ordinary course of business”, § 28:2A-103 .
  (3) “Receipt” of goods, § 28:2-103 .
(c) In addition, Article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
D.C. Code § 28:9-327 — DC Code / Title 28 / Chapter  / § 28:9-327
§ 28:9-327. Priority of security interests in deposit account.
Status: in_force

The following rules govern priority among conflicting security interests in the same deposit account:
(1) A security interest held by a secured party having control of the deposit account under § 28:9-104 has priority over a conflicting security interest held by a secured party that does not have control.
(2) Except as otherwise provided in paragraphs (3) and (4), security interests perfected by control under § 28:9-314 rank according to priority in time of obtaining control.
(3) Except as otherwise provided in paragraph (4), a security interest held by the bank with which the deposit account is maintained has priority over a conflicting security interest held by another secured party.
(4) A security interest perfected by control under § 28:9-104(a)(3) has priority over a security interest held by the bank with which the deposit account is maintained.
D.C. Code § 28:4-111 — DC Code / Title 28 / Chapter  / § 28:4-111
§ 28:4-111. Statute of limitations.
Status: in_force

An action to enforce an obligation, duty, or right arising under this article must be commenced within 3 years after the cause of action accrues.
D.C. Code § 28-4806.01 — DC Code / Title 28 / Chapter 48 / § 28-4806.01
§ 28-4806.01. Uniformity of application and construction.
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
D.C. Code § 28:2A-506 — DC Code / Title 28 / Chapter  / § 28:2A-506
§ 28:2A-506. Statute of limitations.
Status: in_force

(a) An action for default under a lease contract, including breach of warranty or indemnity, must be commenced within 4 years after the cause of action accrued. By the original lease contract the parties may reduce the period of limitation to not less than 1 year.
(b) A cause of action for default accrues when the act or omission on which the default or breach of warranty is based is or should have been discovered by the aggrieved party, or when the default occurs, whichever is later. A cause of action for indemnity accrues when the act or omission on which the claim for indemnity is based is or should have been discovered by the indemnified party, whichever is later.
(c) If an action commenced within the time limited by subsection (a) of this section is so terminated as to leave available a remedy by another action for the same default or breach of warranty or indemnity, the other action may be commenced after the expiration of the time limited and within 6 months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.
(d) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action that have accrued before this article becomes effective.
D.C. Code § 28:4-205 — DC Code / Title 28 / Chapter  / § 28:4-205
§ 28:4-205. Depositary bank holder of unindorsed item.
Status: in_force

If a customer delivers an item to a depositary bank for collection:
(1) The depositary bank becomes a holder of the item at the time it receives the item for collection if the customer at the time of delivery was a holder of the item, whether or not the customer indorses the item, and, if the bank satisfies the other requirements of section 28:3-302, it is a holder in due course; and
(2) The depositary bank warrants to collecting banks, the payor bank or other payor, and the drawer that the amount of the item was paid to the customer or deposited to the customer’s account.
D.C. Code § 28-2110 — DC Code / Title 28 / Chapter 21 / § 28-2110
§ 28-2110. Notice to creditors.
Status: in_force

The court shall require a trustee, whether named in the assignment or appointed by the court, in pursuance of this chapter, to give notice as the court may think proper to all the creditors of the assignor to produce and prove their respective claims against the assignor before the auditor of the court, to the end that they may be fairly adjudicated and the creditors may share equally the assets of the insolvent assignor, subject, however, to any legal priorities created by valid incumbrances antedating the assignment.
D.C. Code § 28-4916 — DC Code / Title 28 / Chapter 49 / § 28-4916
§ 28-4916. Creation and retention of electronic records and conversion of written records by governmental agencies.
Status: in_force

The Mayor shall determine whether, and the extent to which, a governmental agency will create electronic records and convert written records to electronic records. The retention of electronic records shall conform to the requirements and practices established under Chapter 17 of Title 2 of the District of Columbia Official Code.
D.C. Code § 28:2A-513 — DC Code / Title 28 / Chapter  / § 28:2A-513
§ 28:2A-513. Cure by lessor of improper tender or delivery; replacement.
Status: in_force

(a) If any tender or delivery by the lessor or the supplier is rejected because nonconforming and the time for performance has not yet expired, the lessor or the supplier may seasonably notify the lessee of the lessor’s or the supplier’s intention to cure and may then make a conforming delivery within the time provided in the lease contract.
(b) If the lessee rejects a nonconforming tender that the lessor or the supplier had reasonable grounds to believe would be acceptable with or without money allowance, the lessor or the supplier may have a further reasonable time to substitute a conforming tender if he or she seasonably notifies the lessee.
D.C. Code § 28:4-209 — DC Code / Title 28 / Chapter  / § 28:4-209
§ 28:4-209. Encoding and retention warranties.
Status: in_force

(a) A person who encodes information on or with respect to an item after issue warrants to any subsequent collecting bank and to the payor bank or other payor that the information is correctly encoded. If the customer of a depositary bank encodes, that bank also makes the warranty.
(b) A person who undertakes to retain an item pursuant to an agreement for electronic presentment warrants to any subsequent collecting bank and to the payor bank or other payor that retention and presentment of the item comply with the agreement. If a customer of a depositary bank undertakes to retain an item, that bank also makes this warranty.
(c) A person to whom warranties are made under this section and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, plus expenses and loss of interest incurred as a result of the breach.
D.C. Code § 28:9-613 — DC Code / Title 28 / Chapter  / § 28:9-613
§ 28:9-613. Contents and form of notification before disposition of collateral: general.
Status: in_force

(a) Except in a consumer-goods transaction, the following rules apply:
  (1) The contents of a notification of disposition are sufficient if the notification:
    (A) Describes the debtor and the secured party;
    (B) Describes the collateral that is the subject of the intended disposition;
    (C) States the method of intended disposition;
    (D) States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and
    (E) States the time and place of a public disposition or the time after which any other disposition is to be made.
  (2) Whether the contents of a notification that lacks any of the information specified in paragraph (1) are nevertheless sufficient is a question of fact.
  (3) The contents of a notification providing substantially the information specified in paragraph (1) are sufficient, even if the notification includes:
    (A) Information not specified by that paragraph; or
    (B) Minor errors that are not seriously misleading.
  (4) A particular phrasing of the notification is not required.
  (5) The following form of notification and the form appearing in § 28:9-614(a)(3) , when completed in accordance with the instructions in subsection (b) of this section and § 28:9-614(b) , each provides sufficient information:
  NOTIFICATION OF DISPOSITION OF COLLATERAL
  To: (Name of debtor, obligor, or other person to which the notification is sent)
  From: (Name, address, and telephone number of secured party)
  (1) Name of any debtor that is not an addressee: (Name of each debtor)
  (2) We will sell (describe collateral) (to the highest qualified bidder) at public sale. A sale could include a lease or license. The sale will be held as follows:
  (Date)
  (Time)
  (Place)
  (3) We will sell (describe collateral) at private sale sometime after (date). A sale could include a lease or license.
  (4) You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell or, as applicable, lease or license.
  (5) If you request an accounting you must pay a charge of $ (amount).
  (6) You may request an accounting by calling us at (telephone number).
  (End of Form)
(b) The following instructions apply to the form of notification in subsection (a)(5) of this section:
  (1) The instructions in this subsection refer to the numbers in braces before items in the form of notification in subsection (a)(5) of this section. Do not include the numbers or braces in the notification. The numbers and braces are used only for the purpose of these instructions.
  (2) Include and complete item (1) only if there is a debtor that is not an addressee of the notification and list the name or names.
  (3) Include and complete either item (2), if the notification relates to a public disposition of the collateral, or item (3), if the notification relates to a private disposition of the collateral. If item (2) is included, include the words "to the highest qualified bidder" only if applicable.
  (4) Include and complete items (4) and (6).
  (5) Include and complete item (5) only if the sender will charge the recipient for an accounting.
D.C. Code § 28:5-109 — DC Code / Title 28 / Chapter  / § 28:5-109
§ 28:5-109. Fraud and forgery.
Status: in_force

(a) If a presentation is made that appears on its face strictly to comply with the terms and conditions of the letter of credit, but a required document is forged or materially fraudulent, or honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant:
  (1) The issuer shall honor the presentation, if honor is demanded by (i) a nominated person who has given value in good faith and without notice of forgery or material fraud, (ii) a confirmer who has honored its confirmation in good faith, (iii) a holder in due course of a draft drawn under the letter of credit which was taken after acceptance by the issuer or nominated person, or (iv) an assignee of the issuer’s or nominated person’s deferred obligation that was taken for value and without notice of forgery or material fraud after the obligation was incurred by the issuer or nominated person; and
  (2) The issuer, acting in good faith, may honor or dishonor the presentation in any other case.
(b) If an applicant claims that a required document is forged or materially fraudulent or that honor of the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant, a court of competent jurisdiction may temporarily or permanently enjoin the issuer from honoring a presentation or grant similar relief against the issuer or other persons only if the court finds that:
  (1) The relief is not prohibited under the law applicable to an accepted draft or deferred obligation incurred by the issuer;
  (2) A beneficiary, issuer, or nominated person who may be adversely affected is adequately protected against loss that it may suffer because the relief is granted;
  (3) All of the conditions to entitle a person to the relief under the law of the District of Columbia have been met; and
  (4) On the basis of the information submitted to the court, the applicant is more likely than not to succeed under its claim of forgery or material fraud and the person demanding honor does not qualify for protection under subsection (a)(1) of this section.
D.C. Code § 28-2504 — DC Code / Title 28 / Chapter 25 / § 28-2504
§ 28-2504. Fiduciary’s bond — Discharge only after accounting.
Status: in_force

A person appointed by order or decree of the court to a fiduciary office may not discharge his bond for the due performance of his duties, by receipts, releases, or acquittances from himself, as attorney for parties interested, to himself as fiduciary; but the funds or estate for the application whereof he is responsible shall be considered as remaining in his hands, and the bond shall continue in force as against both principal and sureties until the funds or estate are fully accounted for and paid over or delivered to the parties interested therein, or their attorney, other than himself.
D.C. Code § 28:2-706 — DC Code / Title 28 / Chapter  / § 28:2-706
§ 28:2-706. Seller’s resale including contract for resale.
Status: in_force

(1) Under the conditions stated in section 28:2-703 on seller’s remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale is made in good faith and in a commercially reasonable manner the seller may recover the difference between the resale price and the contract price together with any incidental damages allowed under the provisions of this article (section 28:2-710), but less expenses saved in consequence of the buyer’s breach.
(2) Except as otherwise provided in subsection (3) or unless otherwise agreed resale may be at public or private sale including sale by way of one or more contracts to sell or of identification to an existing contract of the seller. Sale may be as a unit or in parcels and at any time and place and on any terms but every aspect of the sale including the method, manner, time, place and terms must be commercially reasonable. The resale must be reasonably identified as referring to the broken contract, but it is not necessary that the goods be in existence or that any or all of them have been identified to the contract before the breach.
(3) Where the resale is at private sale the seller must give the buyer reasonable notification of his intention to resell.
(4) Where the resale is at public sale
  (a) only identified goods can be sold except where there is a recognized market for a public sale of futures in goods of the kind; and
  (b) it must be made at a usual place or market for public sale if one is reasonably available and except in the case of goods which are perishable or threaten to decline in value speedily the seller must give the buyer reasonable notice of the time and place of the resale; and
  (c) if the goods are not to be within the view of those attending the sale the notification of sale must state the place where the goods are located and provide for their reasonable inspection by prospective bidders; and
  (d) the seller may buy.
(5) A purchaser who buys in good faith at a resale takes the goods free of any rights of the original buyer even though the seller fails to comply with one or more of the requirements of this section.
(6) The seller is not accountable to the buyer for any profit made on any resale. A person in the position of a seller (section 28:2-707) or a buyer who has rightfully rejected or justifiably revoked acceptance must account for any excess over the amount of his security interest, as hereinafter defined (subsection (3) of section 28:2-711).
D.C. Code § 28:10-104 — DC Code / Title 28 / Chapter  / § 28:10-104
§ 28:10-104. Laws not repealed.
Status: in_force

(1) The article on documents of title (article 7) does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees’ businesses in respects not specifically dealt with herein; but the fact that such laws are violated does not affect the status of a document of title which otherwise complies with the definition of a document of title (section 28:1-201).
(2) Repealed.
D.C. Code § 28:8-103 — DC Code / Title 28 / Chapter  / § 28:8-103
§ 28:8-103. Rules for determining whether certain obligations and interests are securities or financial assets.
Status: in_force

(a) A share or similar equity interest issued by a corporation, business trust, joint stock company, or similar entity is a security.
(b) An “investment company security” is a security. The term “investment company security” means a share or similar equity interest issued by an entity that is registered as an investment company under the federal investment company laws, an interest in a unit investment trust that is so registered, or a face-amount certificate issued by a face-amount certificate company that is so registered. Investment company security does not include an insurance policy or endowment policy or annuity contract issued by an insurance company.
(c) An interest in a partnership or limited liability company is not a security unless it is dealt in or traded on securities exchanges or in securities markets, its terms expressly provide that it is a security governed by this article, or it is an investment company security. However, an interest in a partnership or limited liability company is a financial asset if it is held in a securities account.
(d) A writing that is a security certificate is governed by this article and not by Article 3, even though it also meets the requirements of that article. However, a negotiable instrument governed by Article 3 is a financial asset if it is held in a securities account.
(e) An option or similar obligation issued by a clearing corporation to its participants is not a security, but is a financial asset.
(f) A commodity contract, as defined in § 28:9-102(a)(15) , is not a security or a financial asset.
(g) A document of title is not a financial asset unless § 28:8-102(a)(9)(iii) applies.
(h) A controllable account, controllable electronic record, or controllable payment intangible is not a financial asset unless § 28:8-102(a)(9)(A)(iii) applies.
D.C. Code § 28:9-201 — DC Code / Title 28 / Chapter  / § 28:9-201
§ 28:9-201. General effectiveness of security agreement.
Status: in_force

(a) Except as otherwise provided in Subtitle I of Title 28 , a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors.
(b) A transaction subject to this article is subject to any applicable rule of law which establishes a different rule for consumers and §§ 28-3301 to 28-3314 .
(c) In case of conflict between this article and a rule of law, statute, or regulation described in subsection (b), the rule of law, statute, or regulation controls. Failure to comply with a statute or regulation described in subsection (b) has only the effect the statute or  regulation specifies.
(d) This article does not:
  (1) Validate any rate, charge, agreement, or practice that violates a rule of law, statute, or regulation described in subsection (b); or
  (2) Extend the application of the rule of law, statute, or regulation to a transaction not otherwise subject to it.
D.C. Code § 28-4515 — DC Code / Title 28 / Chapter 45 / § 28-4515
§ 28-4515. Uniformity.
Status: in_force

It is the intent of the Council of the District of Columbia that in construing this chapter, a court of competent jurisdiction may use as a guide interpretations given by federal courts to comparable antitrust statutes.
D.C. Code § 28:9-802 — DC Code / Title 28 / Chapter  / § 28:9-802
§ 28:9-802. Savings clause.
Status: in_force

(a) Except as otherwise provided in this part, the amendments made by the 2012 Act apply to a transaction or lien within its scope, even if the transaction or lien was entered into or created before the applicability date.
(b) The 2012 Act does not affect an action, case, or proceeding commenced before the applicability date.
D.C. Code § 28:6-105 — DC Code / Title 28 / Chapter  / § 28:6-105
§ 28:6-105. Notice to claimants.
Status: repealed

Repealed.
D.C. Code § 28:2-703 — DC Code / Title 28 / Chapter  / § 28:2-703
§ 28:2-703. Seller’s remedies in general.
Status: in_force

Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract (section 28:2-612  ), then also with respect to the whole undelivered balance, the aggrieved seller may
(a) withhold delivery of such goods;
(b) stop delivery by any bailee as hereafter provided (section 28:2-705);
(c) proceed under the next section respecting goods still unidentified to the contract;
(d) resell and recover damages as hereafter provided (section 28:2-706);
(e) recover damages for non-acceptance (section 28:2-708) or in a proper case the price (section 28:2-709);
(f) cancel.
D.C. Code § 28-4901 — DC Code / Title 28 / Chapter 49 / § 28-4901
§ 28-4901. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Agreement” means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.
(2) “Automated transaction” means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.
(3) “Computer program” means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.
(4) “Contract” means the total legal obligation resulting from the parties’ agreement as affected by this chapter and other applicable law.
(5) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(6) “Electronic agent” means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.
(7) “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means.
(8) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
(9) “Governmental agency” means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a State or of a county, municipality, or other political subdivision of a State.
(10) “Information” means data, text, images, sounds, codes, computer programs, software, databases, or the like.
(11) “Information processing system” means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.
(12) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.
(13) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(14) “Security procedure” means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.
(15) “State” means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a State.
(16) “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.
D.C. Code § 28-4801.01 — DC Code / Title 28 / Chapter 48 / § 28-4801.01
§ 28-4801.01. Short title.
Status: in_force

This chapter may be cited as the “Uniform Principal and Income Act”.
D.C. Code § 28-5402 — DC Code / Title 28 / Chapter 54 / § 28-5402
§ 28-5402. Prohibited practices.
Status: in_force

(a) Beginning January 1, 2025, a retailer shall not discriminate against cash as a form of payment for goods or services, including by:
  (1) Refusing to accept cash as a form of payment;
  (2) Posting signs on the premises that cash payment is not accepted; or
  (3) Charging a higher price to consumers who pay cash.
D.C. Code § 28:2-722 — DC Code / Title 28 / Chapter  / § 28:2-722
§ 28:2-722. Who can sue third parties for injury to goods.
Status: in_force

Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract
(a) a right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other;
(b) if at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, his suit or settlement is, subject to his own interest, as a fiduciary for the other party to the contract;
(c) either party may with the consent of the other sue for the benefit of whom it may concern.
D.C. Code § 28-3863 — DC Code / Title 28 / Chapter 38 / § 28-3863
§ 28-3863. Notice of rights.
Status: in_force

Each time a credit reporting agency provides a consumer with a copy of the consumer’s credit report under section 609 of the Fair Credit Reporting Act, approved October 26, 1970 (84 Stat. 1131; 15 U.S.C. § 1681g  ), the credit reporting agency shall include the following notice with the credit report:
District of Columbia Consumers Have the Right to Obtain a Security Freeze
District of Columbia law gives you the right to place a “security freeze” on your credit report. A security freeze restricts when a credit reporting agency may release information in your credit report without your express authorization or approval.
A security freeze is designed to help prevent credit, loans, and services from being approved in your name without your consent. To obtain a security freeze, you should contact each credit reporting agency. When you place a security freeze on your credit report, the credit reporting agency will send you a personal identification number or password to use if you later choose to lift the freeze from your credit report, or to authorize the release of your credit report to a specific party or parties, or for a specific period of time after the freeze is in place. To provide that authorization, you must contact the credit reporting agency and provide all of the following:
1. The unique personal identification number or password provided by the credit reporting agency.
2. Verification of your identity.
3. Information regarding who may receive the credit report or the period of time for which the report shall be made available.
Upon receiving your proper request to lift temporarily a freeze from your credit report, the credit reporting agency shall comply within 3 business days. Beginning September 1, 2008, the credit reporting agency is required to provide methods, including web-based and telephonic methods, for you to request that the freeze be temporarily lifted within 15 minutes.
A security freeze does not apply when you have an existing account relationship and a copy of your report is requested by your existing creditor or its agents or affiliates for certain types of account review, collection, fraud control or similar activities.
If you are actively seeking credit, the procedures involved in lifting a security freeze may slow your own applications for credit. You should plan ahead and consider lifting a freeze — either completely if you are shopping around, or for a specific creditor before actually applying for new credit. Beginning September 1, 2008, you will be able to have a credit reporting agency temporarily lift a freeze on your credit report within 15 minutes of your request.
You have a right to take legal action against someone who violates your rights under the credit reporting laws. The action can be brought against a credit reporting agency or anyone who fraudulently caused the release of your credit information.”.
D.C. Code § 28-4804.11 — DC Code / Title 28 / Chapter 48 / § 28-4804.11
§ 28-4804.11. Minerals, water, and other natural resources.
Status: in_force

(a) To the extent that a trustee accounts for receipts from an interest in minerals or other natural resources pursuant to this section, the trustee shall allocate them as follows:
  (1) If received as nominal delay rental or nominal annual rent on a lease, a receipt shall be allocated to income.
  (2) If received from a production payment, a receipt shall be allocated to income if and to the extent that the agreement creating the production payment provides a factor for interest or its equivalent. The balance shall be allocated to principal.
  (3) If an amount received as a royalty, shut-in-well payment, take-or-pay payment, bonus, or delay rental is more than nominal, 90 percent shall be allocated to principal and the balance to income.
  (4) If an amount is received from a working interest or any other interest not provided for in paragraph (1), (2), or (3) of this subsection, 90 percent of the net amount received shall be allocated to principal and the balance to income.
(b) An amount received on account of an interest in water that is renewable shall be allocated to income. If the water is not renewable, 90 percent of the amount shall be allocated to principal and the balance to income.
(c) This chapter applies whether or not a decedent or donor was extracting minerals, water, or other natural resources before the interest became subject to the trust.
(d) If a trust owns an interest in minerals, water, or other natural resources on the effective date of this chapter, the trustee may allocate receipts from the interest as provided in this chapter or in the manner used by the trustee before the effective date of this chapter. If the trust acquires an interest in minerals, water, or other natural resources after the effective date of this chapter, the trustee shall allocate receipts from the interest as provided in this chapter.
D.C. Code § 28:5-106 — DC Code / Title 28 / Chapter  / § 28:5-106
§ 28:5-106. Issuance, amendment, cancellation, and duration.
Status: in_force

(a) A letter of credit is issued and becomes enforceable according to its terms against the issuer when the issuer sends or otherwise transmits it to the person requested to advise or to the beneficiary. A letter of credit is revocable only if it so provides.
(b) After a letter of credit is issued, rights and obligations of a beneficiary, applicant, confirmer, and issuer are not affected by an amendment or cancellation to which that person has not consented except to the extent the letter of credit provides that it is revocable or that the issuer may amend or cancel the letter of credit without that consent.
(c) If there is no stated expiration date or other provision that determines its duration, a letter of credit expires one year after its stated date of issuance or, if none is stated, after the date on which it is issued.
(d) A letter of credit that states that it is perpetual expires 5 years after its stated date of issuance, or if none is stated, after the date on which it is issued.
D.C. Code § 28-4804.10 — DC Code / Title 28 / Chapter 48 / § 28-4804.10
§ 28-4804.10. Liquidating asset.
Status: in_force

(a) For the purposes of this section, the term “liquidating asset” means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a period of limited duration. The term “liquidating asset” includes a leasehold, patent, copyright, royalty right, and right to receive payments during a period of more than one year under an arrangement that does not provide for the payment of interest on the unpaid balance. The term “liquidating asset” does not include a payment subject to § 28-4804.09 , resources subject to § 28-4804.11 , timber subject to § 28-4804.12 , an activity subject to § 28-4804.14 , an asset subject to § 28-4804.15 , or any asset for which the trustee establishes a reserve for depreciation under § 28-4805.03 .
(b) A trustee shall allocate to income 10 percent of the receipts from a liquidating asset and the balance to principal.
D.C. Code § 28-4509 — DC Code / Title 28 / Chapter 45 / § 28-4509
§ 28-4509. Indirect purchasers.
Status: in_force

(a) Any indirect purchaser in the chain of manufacture, production, or distribution of goods or services, upon proof of payment of all or any part of any overcharge for such goods or services, shall be deemed to be injured within the meaning of this chapter.
(b) In actions where both direct and indirect purchasers are involved, a defendant shall be entitled to prove as a partial or complete defense to a claim for damages that the illegal overcharge has been passed on to others who are themselves entitled to recover so as to avoid duplication of recovery of damages.
(c) In any case in which claims are asserted by both direct purchasers and indirect purchasers, the court may transfer and consolidate cases, apportion damages and delay disbursement of damages to avoid multiplicity of suits and duplication of recovery of damages, and to obtain substantial fairness.
D.C. Code § 28-4551 — DC Code / Title 28 / Chapter 45B / § 28-4551
§ 28-4551. Findings.
Status: in_force

The Council of the District of Columbia finds that:
(1) The excessive prices of prescription drugs in the District of Columbia is threatening the health and welfare of the residents of the District as well as the District government’s ability to ensure that all residents receive the health care they need, and these excessive prices directly and indirectly cause economic harm to the District and damage the health and safety of its residents;
(2) The traditional police powers of the District of Columbia include protecting and promoting the health, safety, and welfare of its residents, regulating monopoly pricing of goods and services, and regulating to assure consumer protection and to prevent and sanction unfair trade practices; and
(3) To promote the health, safety, and welfare of its residents, it is incumbent on the government of the District of Columbia to take action to restrain the excessive prices of prescription drugs through mechanisms that are consistent with District and federal law, including the Constitution.
D.C. Code § 28:9-315 — DC Code / Title 28 / Chapter  / § 28:9-315
§ 28:9-315. Secured party’s rights on disposition of collateral and in proceeds.
Status: in_force

(a) Except as otherwise provided in this article and in § 28:2-403(2) :
  (1) A security interest or agricultural lien continues in collateral notwithstanding sale, lease, license, exchange, or other disposition thereof unless the secured party authorized the disposition free of the security interest or agricultural lien; and
  (2) A security interest attaches to any identifiable proceeds of collateral.
(b) Proceeds that are commingled with other property are identifiable proceeds:
  (1) If the proceeds are goods, to the extent provided by § 28:9-336 ; and
  (2) If the proceeds are not goods, to the extent that the secured party identifies the proceeds by a method of tracing, including application of equitable principles, that is permitted under law other than this article with respect to commingled property of the type involved.
(c) A security interest in proceeds is a perfected security interest if the security interest in the original collateral was perfected.
(d) A perfected security interest in proceeds becomes unperfected on the 21st day after the security interest attaches to the proceeds unless:
  (1) The following conditions are satisfied:
    (A) A filed financing statement covers the original collateral;
    (B) The proceeds are collateral in which a security interest may be perfected by filing in the office in which the financing statement has been filed; and
    (C) The proceeds are not acquired with cash proceeds;
  (2) The proceeds are identifiable cash proceeds; or
  (3) The security interest in the proceeds is perfected other than under subsection (c) when the security interest attaches to the proceeds or within 20 days thereafter.
(e) If a filed financing statement covers the original collateral, a security interest in  proceeds which remains perfected under subsection (d)(1) becomes unperfected at the later of:
  (1) When the effectiveness of the filed financing statement lapses under § 28:9-515 or is terminated under § 28:9-513 ; or
  (2) The 21st day after the security interest attaches to the proceeds.
D.C. Code § 28:4-213 — DC Code / Title 28 / Chapter  / § 28:4-213
§ 28:4-213. Medium and time of settlement by bank.
Status: in_force

(a) With respect to settlement by a bank, the medium and time of settlement may be prescribed by Federal Reserve regulations or circulars, clearing-house rules, and the like, or agreement. In the absence of such prescription:
  (1) The medium of settlement is cash or credit to an account in a Federal Reserve bank of or specified by the person to receive settlement; and
  (2) The time of settlement, is:
    (A) With respect to tender of settlement by cash, a cashier’s check, or teller’s check, when the cash or check is sent or delivered;
    (B) With respect to tender of settlement by credit in an account in a Federal Reserve Bank, when the credit is made;
    (C) With respect to tender of settlement by a credit or debit to an account in a bank, when the credit or debit is made or, in the case of tender of settlement by authority to charge an account, when the authority is sent or delivered; or
    (D) With respect to tender of settlement by a funds transfer, when payment is made pursuant to section 28:4A-406(a) to the person receiving settlement.
(b) If the tender of settlement is not by a medium authorized by subsection (a) of this section or the time of settlement is not fixed by subsection (a) of this section, no settlement occurs until the tender of settlement is accepted by the person receiving settlement.
(c) If settlement for an item is made by cashier’s check or teller’s check and the person receiving settlement, before its midnight deadline:
  (1) Presents or forwards the check for collection, settlement is final when the check is finally paid; or
  (2) Fails to present or forward the check for collection, settlement is final at the midnight deadline of the person receiving settlement.
(d) If settlement for an item is made by giving authority to charge the account of the bank giving settlement in the bank receiving settlement, settlement is final when the charge is made by the bank receiving settlement if there are funds available in the account for the amount of the item.
D.C. Code § 28:9-807 — DC Code / Title 28 / Chapter  / § 28:9-807
§ 28:9-807. Amendment of pre-effective-date financing statement.
Status: in_force

(a) For the purposes of this section and § 28:9-806 , “pre-effective-date financing statement” means a financing statement filed before the applicability date.
(b) After the applicability date, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Article 9 as amended by the 2012 Act. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.
(c) Except as otherwise provided in subsection (d) of this section, if the law of the District governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after the applicability date only if:
  (1) The pre-effective-date financing statement and an amendment are filed in the office specified in § 28:9-501 ;
  (2) An amendment is filed in the office specified in § 28:9-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies § 28:9- 806(c); or
  (3) An initial financing statement that provides the information as amended and satisfies § 28:9-806(c) is filed in the office specified in § 28:9-501 .
(d) If the law of the District governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under § 28:9-805(c) and (e) or § 28:9-806 .
(e) Whether or not the law of the District governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in the District may be terminated after the applicability date by filing a termination statement in the office in which the pre-effective-date financing statement is filed, unless an initial financing statement that satisfies § 28:9-806(c) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Article 9 as amended by the 2012 Act as the office in which to file a financing statement.
D.C. Code § 28-4904 — DC Code / Title 28 / Chapter 49 / § 28-4904
§ 28-4904. Use of electronic records and electronic signatures; variation by agreement.
Status: in_force

(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(b) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct.
(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words “unless otherwise agreed”, or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
D.C. Code § 28:2A-516 — DC Code / Title 28 / Chapter  / § 28:2A-516
§ 28:2A-516. Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable over.
Status: in_force

(a) A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered.
(b) A lessee’s acceptance of goods precludes rejection of the goods accepted. In the case of a finance lease, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it. In any other case, if made with knowledge of a nonconformity, acceptance cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured. Acceptance does not of itself impair any other remedy provided by this article or the lease agreement for nonconformity.
(c) If a tender has been accepted:
  (1) Within a reasonable time after the lessee discovers or should have discovered any default, the lessee shall notify the lessor and the supplier, if any, or be barred from any remedy against the party not notified;
  (2) Except in the case of a consumer lease, within a reasonable time after the lessee receives notice of litigation for infringement or the like ( § 28:2A-211 ) the lessee shall notify the lessor or be barred from any remedy over for liability established by the litigation; and
  (3) The burden is on the lessee to establish any default.
(d) If a lessee is sued for breach of a warranty or other obligation for which a lessor or a supplier is answerable over the following apply:
  (1) The lessee may give the lessor or the supplier, or both, written notice of the litigation. If the notice states that the person notified may come in and defend and that if the person notified does not do so, that person will be bound in any action against that person by the lessee by any determination of fact common to the 2 litigations, then unless the person notified after seasonable receipt of the notice does come in and defend, that person is so bound.
  (2) The lessor or the supplier may demand in writing that the lessee turn over control of the litigation including settlement if the claim is one for infringement or the like ( § 28:2A-211 ) or else be barred from any remedy over. If the demand states that the lessor or the supplier agrees to bear all expense and to satisfy any adverse judgment, then unless the lessee after seasonable receipt of the demand does turn over control the lessee is so barred.
(e) Subsections (c) and (d) of this section apply to any obligation of a lessee to hold the lessor or the supplier harmless against infringement or the like ( § 28:2A-211 ).
D.C. Code § 28:1-307 — DC Code / Title 28 / Chapter  / § 28:1-307
§ 28:1-307. Prima facie evidence by third-party documents.
Status: in_force

A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher’s or inspector’s certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.
D.C. Code § 28:4A-406 — DC Code / Title 28 / Chapter  / § 28:4A-406
§ 28:4A-406. Payment by originator to beneficiary; discharge of underlying obligation.
Status: in_force

(a) Subject to §§ 28:4A-211(e) , 28:4A-405(d) , and 28:4A-405(e) , the originator of a funds transfer pays the beneficiary of the originator’s payment order (i) at the time a payment order for the benefit of the beneficiary is accepted by the beneficiary’s bank in the funds transfer and (ii) in an amount equal to the amount of the order accepted by the beneficiary’s bank, but not more than the amount of the originator’s order.
(b) If payment under subsection (a) of this section is made to satisfy an obligation, the obligation is discharged to the same extent discharge would result from payment to the beneficiary of the same amount in money, unless (i) the payment under subsection (a) of this section was made by a means prohibited by the contract of the beneficiary with respect to the obligation, (ii) the beneficiary, within a reasonable time after receiving notice of receipt of the order by the beneficiary’s bank, notified the originator of the beneficiary’s refusal of the payment, (iii) funds with respect to the order were not withdrawn by the beneficiary or applied to a debt of the beneficiary, and (iv) the beneficiary would suffer a loss that could reasonably have been avoided if payment had been made by a means complying with the contract. If payment by the originator does not result in discharge under this section, the originator is subrogated to the rights of the beneficiary to receive payment from the beneficiary’s bank under § 28:4A-404(a) .
(c) For the purpose of determining whether discharge of an obligation occurs under subsection (b) of this section, if the beneficiary’s bank accepts a payment order in an amount equal to the amount of the originator’s payment order less charges of one or more receiving banks in the funds transfer, payment to the beneficiary is deemed to be in the amount of the originator’s order unless upon demand by the beneficiary the originator does not pay the beneficiary the amount of the deducted charges.
(d) Rights of the originator or of the beneficiary of a funds transfer under this section may be varied only by agreement of the originator and the beneficiary.
D.C. Code § 28-3110 — DC Code / Title 28 / Chapter 31 / § 28-3110
§ 28-3110. Supplementary provisions.
Status: in_force

Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the laws relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement the provisions of this chapter.
D.C. Code § 28-4915 — DC Code / Title 28 / Chapter 49 / § 28-4915
§ 28-4915. Transferable records.
Status: in_force

(a) In this section, “transferable record” means an electronic record that:
  (1) Would be a note under Article 3 of Subtitle I of this title or a document under Article 7 of Subtitle I of this title if the electronic record were in writing; and
  (2) The issuer of the electronic record expressly has agreed is a transferable record.
(b) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.
(c) A system satisfies subsection (b) of this section, and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that:
  (1) A single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in paragraphs (4), (5), and (6) of this section, unalterable;
  (2) The authoritative copy identifies the person asserting control as:
    (A) The person to which the transferable record was issued; or
    (B) If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;
  (3) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;
  (4) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;
  (5) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and
  (6) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.
(d) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in § 28:1-201(20) , of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under Subtitle I of this title , including, if the applicable statutory requirements under § 28:3-302(a) , § 28:7-501 , or § 28:9-308 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and indorsement are not required to obtain or exercise any of the rights under this subsection.
(e) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under Subtitle I of this title .
(f) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.
D.C. Code § 28:4-208 — DC Code / Title 28 / Chapter  / § 28:4-208
§ 28:4-208. Presentment warranties.
Status: in_force

(a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining payment or acceptance, at the time of presentment, and (ii) a previous transferor of the draft, at the time of transfer, warrant to the drawee that pays or accepts the draft in good faith that:
  (1) The warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft;
  (2) The draft has not been altered;
  (3) The warrantor has no knowledge that the signature of the purported drawer of the draft is unauthorized; and
  (4) With respect to any remotely created consumer item, that the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn.
(b) A drawee making payment may recover from a warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft (i) breach of warranty is a defense to the obligation of the acceptor, and (ii) if the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from a warrantor for breach of warranty the amounts stated in this subsection.
(c) If a drawee asserts a claim for breach of warranty under subsection (a) of this section based on an unauthorized indorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the indorsement is effective under section 28:3-404 or 28:3-405 or the drawer is precluded under section 28:3-406 or 28:4-406 from asserting against the drawee the unauthorized indorsement or alteration.
(d) If (i) a dishonored draft is presented for payment to the drawer or an indorser or (ii) any other item is presented for payment to a party obliged to pay the item, and the item is paid, the person obtaining payment and a prior transferor of the item warrant to the person making payment in good faith that the warrantor is, or was, at the time the warrantor transferred the item, a person entitled to enforce the item or authorized to obtain payment on behalf of a person entitled to enforce the item. The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach.
(e) The warranties stated in subsections (a) and (d) of this section cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim.
(f) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
D.C. Code § 28:7-101 — DC Code / Title 28 / Chapter  / § 28:7-101
§ 28:7-101. Short title.
Status: in_force

This article may be cited as the “Uniform Commercial Code — Documents of Title”.
D.C. Code § 28:8-106 — DC Code / Title 28 / Chapter  / § 28:8-106
§ 28:8-106. Control.
Status: in_force

(a) A purchaser has “control” of a certificated security in bearer form if the certificated security is delivered to the purchaser.
(b) A purchaser has “control” of a certificated security in registered form if the certificated security is delivered to the purchaser, and:
  (1) The certificate is indorsed to the purchaser or in blank by an effective indorsement; or
  (2) The certificate is registered in the name of the purchaser, upon original issue or registration of transfer by the issuer.
(c) A purchaser has “control” of an uncertificated security if:
  (1) The uncertificated security is delivered to the purchaser; or
  (2) The issuer has agreed that it will comply with instructions originated by the purchaser without further consent by the registered owner.
(d) A purchaser has “control” of a security entitlement if:
  (1) The purchaser becomes the entitlement holder;
  (2) The securities intermediary has agreed that it will comply with entitlement orders originated by the purchaser without further consent by the entitlement holder; or
  (3) Another person, other than the transferor to the purchaser of an interest in the security entitlement:
    (A) Has control of the security entitlement and acknowledges that it has control on behalf of the purchaser; or
    (B) Obtains control of the security entitlement after having acknowledged that it will obtain control of the security entitlement on behalf of the purchaser.
(e) If an interest in a security entitlement is granted by the entitlement holder to the entitlement holder’s own securities intermediary, the securities intermediary has control.
(f) A purchaser who has satisfied the requirements of subsection (c) or (d) has control, even if the registered owner in the case of subsection (c) or the entitlement holder in the case of subsection (d) retains the right to make substitutions for the uncertificated security or security entitlement, to originate instructions or entitlement orders to the issuer or securities intermediary, or otherwise to deal with the uncertificated security or security entitlement.
(g) An issuer or a securities intermediary may not enter into an agreement of the kind described in subsection (c)(2) or (d)(2) of this section without the consent of the registered owner or entitlement holder, but an issuer or a securities intermediary is not required to enter into such an agreement even though the registered owner or entitlement holder so directs. An issuer or securities intermediary that has entered into such an agreement is not required to confirm the existence of the agreement to another party unless requested to do so by the registered owner or entitlement holder.
(h) A person that has control under this section is not required to acknowledge that it has control on behalf of a purchaser.
(i) If a person acknowledges that it has or will obtain control on behalf of a purchaser, unless the person otherwise agrees or law other than this article or Article 9 otherwise provides, the person does not owe any duty to the purchaser and is not required to confirm the acknowledgment to any other person.
D.C. Code § 28-4031 — DC Code / Title 28 / Chapter 40A / § 28-4031
§ 28-4031. Definitions.
Status: in_force

For the purposes of this chapter, the term:
(1) “Assistive device dealer” means an individual or entity that is in the business of selling assistive technology devices, including a manufacturer who sells assistive technology devices directly to consumers.
(2) “Assistive device lessor” means an individual or entity that leases an assistive technology device to a consumer, or who holds the lessor’s rights, under a written lease.
(3) (A) “Assistive technology device” means:
    (i) An item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used or designed to be used to increase, maintain, or improve a functional capability of an individual with a disability; and
    (ii) Each component of the assistive technology device system that is itself ordinarily an assistive technology device.
  (B) The term “assistive technology device” includes:
    (i) Wheelchairs and scooters of any kind, and other aids that enhance the mobility or positioning of an individual, such as motorization, motorized positioning features, and the switches and controls for motorized features;
    (ii) Hearing aids, telephone communication devices for the deaf, and other assistive listening devices;
    (iii) Computer equipment and reading devices with voice output, optical scanners, talking software, Braille printers, and other aids and devices that provide access to text;
    (iv) Computer equipment with voice output, artificial larynges, voice amplification devices, and other alternative and augmentative communication devices;
    (v) Voice recognition computer equipment, software and hardware accommodations, switches, and other forms of alternative access to computers;
    (vi) Environmental control units; and
    (vii) Simple mechanical aids that enhance the functional capabilities of an individual with disabilities.
(4) “Authorized dealer” means any seller of an assistive technology device that:
  (A) Has, within a specified geographic area, an exclusive distribution arrangement with any person or entity that manufactures or assembles an assistive technology device; or
  (B) Is designated by the individual or entity that manufactures or assembles the assistive technology device to repair or accept for repair the assistive technology device.
(5) “Collateral costs” means the following expenses incurred by a consumer:
  (A) Medical expenses for the treatment of a physical injury caused by a nonconformity in an assistive technology device;
  (B) The cost to rent a substitute assistive technology device during the time repairs are attempted for an assistive technology device or mobility aid that has a nonconformity and during the time preceding receipt of a replacement when repairs have been unsuccessful;
  (C) The cost of shipping an assistive technology device that has a nonconformity to a manufacturer, lessor, or authorized dealer for repair or replacement; and
  (D) The documented costs of long-distance telephone calls and facsimile transmissions used to contact the manufacturer, lessor, or authorized dealer for the purpose of effecting a repair or replacement of an assistive technology device that has a nonconformity.
(6) “Consumer” means:
  (A) The purchaser of an assistive technology device, if the device was purchased from an authorized dealer or manufacturer for purposes other than resale;
  (B) A person to whom the device is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the device;
  (C) A person who may enforce the warranty; or
  (D) A person who leases a device from an assistive device lessor under a written lease.
(7) “Manufacturer” means an individual or entity that manufactures or assembles devices, and agents of that person or company, including an authorized dealer, an importer, distributor, factory branch, distributor branch, and any warrantors of the manufacturer’s device. The term “manufacturer” shall not include a professional who fabricates, without charge, a device for use in the course of treatment.
(8) “Nonconformity” means a condition or defect that significantly impairs the use, value, function, or safety of a device or any of its components, but shall not include a condition or defect of the device that is the result of:
  (A) Abuse, misuse, or neglect by a consumer;
  (B) Modifications or alterations not authorized by the manufacturer; or
  (C) Failure to follow any manufacturer’s written service and maintenance guidelines furnished at the time of purchase.
(9) (A) “Reasonable attempt to repair” means that:
    (i) Within one year after the date of the 1st delivery of the device:
      (I) The same nonconformity has been subject to repair 3 or more times by the manufacturer, assistive device lessor, or any assistive device dealer authorized by the manufacturer to repair the assistive technology device, and the nonconformity continues to exist and interfere with the assistive technology device’s operation; or
    (ii) The assistive technology device is out of service, with no fungible loaner available, for a cumulative total of at least 30 days, exclusive of any necessary time in shipment, due to repair by the manufacturer, assistive device lessor, or any assistive device dealer authorized by the manufacturer to repair the assistive technology device, all of which is due to warranty nonconformities.
  (B) The term “reasonable attempt to repair” shall not include repairs:
    (i) Unable to be performed because of conditions beyond the control of the manufacturer, or its agents or authorized dealers, such as invasion, strike, fire, and natural disasters.
    (ii) Related to the routine fittings and adjustments to hearing aids.
D.C. Code § 28-4001 — DC Code / Title 28 / Chapter 40 / § 28-4001
§ 28-4001. Definitions.
Status: in_force

As used in this chapter, the term —
(1) “audiologist” means any person who has at least a master’s degree in audiology and meets the requirements of the American Speech-Language-Hearing Association Certificate of clinical competence or the equivalent in the determination of the Board of Medicine. The title “audiologist” shall not be used singly or in combination with other words unless the person using the title holds the appropriate certification from the American Speech-Language-Hearing Association.
(2) “fitting and selling of hearing aids” means those practices used for the purpose of making selection, adaptation or sale of hearing aids.
(3) “hearing aid” means any wearable instrument or device designed or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments, or accessories of that wearable instrument, excluding batteries, cords or earmolds.
(4) “hearing test evaluation” means a written statement, based on testing conducted by an audiologist, otolaryngologist, or a medical technician directly supervised by an otolaryngologist. The statement shall include the following information:
  (A) the ear or ears to be fitted;
  (B) the type of earmold;
  (C) the gain (amplification) of the hearing aid;
  (D) the minimum and maximum power output of a hearing aid;
  (E) the frequency response of the hearing aid;
  (F) the results of pure tone and speech audiometry; and
  (G) the date of the hearing test.
This shall not prevent an audiologist or otolaryngologist from recommending a specific make and model of hearing aid.
(5) “medical clearance” means a written statement based upon a medical examination by a licensed physician that concludes that the patient may benefit from a hearing aid and that there are no medical conditions to contraindicate the use of a hearing aid. The statement must include the date of the medical examination.
(6) “Office” means the Office of Consumer Protection of the District of Columbia.
(7) “otolaryngologist” means a physician licensed in the District of Columbia who specializes in medical problems of the ear, nose, and throat.
(8) “person” means any individual, partnership, association, organization, or corporation.
(9) “registrant” means a hearing aid dispenser, audiologist, or otolaryngologist who engages in the practice of fitting and selling hearing aids and who has registered pursuant to section § 28-4003 .
(10) “sell” or “sale” means any transfer of title or of the right of use by sale, conditional sales contract, lease, bailment, hire-purchase, or any other means, excluding wholesale transactions of dealers and distributors.
(11) “telephone option” means an option available on hearing aids which enables the wearer to hear the electrical signal on the telephone line rather than the acoustic signal produced by the telephone.
(12) “used hearing aid” means a hearing aid which has been worn for any period of time by a buyer or potential buyer.
(13) “hearing aid dispenser” means a person who is at least 18 years of age, has a high school diploma or the equivalent, and has received a certificate of competence from the National Hearing Aid Society or another recognized national organization approved by the Department of Licensing and Consumer Protection.
D.C. Code § 28:9-337 — DC Code / Title 28 / Chapter  / § 28:9-337
§ 28:9-337. Priority of security interests in goods covered by certificate of title.
Status: in_force

If, while a security interest in goods is perfected by any method under the law of another jurisdiction, the District issues a certificate of title that does not show that the goods are subject to the security interest or contain a statement that they may be subject to security interests not shown on the certificate:
(1) A buyer of the goods, other than a person in the business of selling goods of that kind, takes free of the security interest if the buyer gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest; and
(2) The security interest is subordinate to a conflicting security interest in the goods that attaches, and is perfected under § 28:9-311(b) , after issuance of the certificate and without the conflicting secured party’s knowledge of the security interest.
D.C. Code § 28:2-312 — DC Code / Title 28 / Chapter  / § 28:2-312
§ 28:2-312. Warranty of title and against infringement; buyer’s obligation against infringement.
Status: in_force

(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that:
  (a) the title conveyed shall be good, and its transfer rightful; and
  (b) the goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.
(2) A warranty under subsection (1) will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have.
(3) Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.
D.C. Code § 28:4-503 — DC Code / Title 28 / Chapter  / § 28:4-503
§ 28:4-503. Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need.
Status: in_force

Unless otherwise instructed and except as provided in Article 5, a bank presenting a documentary draft:
(1) Must deliver the documents to the drawee on acceptance of the draft if it is payable more than 3 days after presentment; otherwise, only on payment; and
(2) Upon dishonor, either in the case of presentment for acceptance or presentment for payment, may seek and follow instructions from any referee in case of need designated in the draft or, if the presenting bank does not choose to utilize the referee’s services, it must use diligence and good faith to ascertain the reason for dishonor, must notify its transferor of the dishonor and of the results of its effort to ascertain the reasons therefor, and must request instructions. However, the presenting bank is under no obligation with respect to goods represented by the documents except to follow any reasonable instructions seasonably received; it has a right to reimbursement for any expense incurred in following instructions and to prepayment of or indemnity for those expenses.
D.C. Code § 28:8-601 — DC Code / Title 28 / Chapter  / § 28:8-601
§ 28:8-601. Savings clause.
Status: in_force

(a) This article does not affect an action or proceeding commenced before this subtitle takes effect.
(b) If a security interest in a security is perfected at the date this subtitle takes effect, and the action by which the security interest was perfected would suffice to perfect a security interest under this article, no further action is required to continue perfection. If a security interest in a security is perfected at the date this article takes effect but the action by which the security interest was perfected would not suffice to perfect a security interest under this article, the security interest remains perfected for a period of four months after the effective date and continues perfected thereafter if appropriate action to perfect under this article is taken within that period. If a security interest is perfected at the date this article takes effect and the security interest can be perfected by filing under this article, a financing statement signed by the secured party instead of the debtor may be filed within that period to continue perfection or thereafter to perfect.