reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45 - Restraints of Trade › § 28–4504. Exclusions

§ 28–4504. Exclusions.
(a) Labor of a human being is not a commodity or an article of commerce. Nothing contained in this chapter shall be construed to forbid the existence and operation of labor, agricultural or horticultural organizations, instituted for the purpose of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint of trade.
(b) This chapter does not make illegal the activity of:
(1) any non-profit corporation, trust, or organization established exclusively for religious, charitable, literary, or educational purposes to the extent that the activity is religious, charitable, literary, or educational; or
(2) the Washington Metropolitan Area Transit Authority.
(Mar. 5, 1981, D.C. Law 3-169, § 2, 27 DCR 5368.)
Prior Codifications
1981 Ed., § 28-4504.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45 - Restraints of Trade › § 28–4506. Criminal enforcement by the District of Columbia

§ 28–4506. Criminal enforcement by the District of Columbia.
Every person who violates section 28-4502 or 28-4503 shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not more than the amount set forth in [§ 22-3571.01], or by imprisonment not exceeding one (1) year, or both. The Attorney General shall commence and try all prosecutions for violations of section 28-4502 or 28-4503 . Whenever a corporation violates section 28-4502 or 28-4503 , the individual directors, officers, or agents of such corporation who have intentionally authorized, ordered or ratified the acts constituting such violation shall be punishable in accordance with this section.
(Mar. 5, 1981, D.C. Law 3-169, § 2, 27 DCR 5368; June 11, 2013, D.C. Law 19-317, § 285(e), 60 DCR 2064; Mar. 16, 2021, D.C. Law 23-199, § 2(b), 68 DCR 000760.)
Prior Codifications
1981 Ed., § 28-4506.
Section References
This section is referenced in § 28-4510 and § 28-4511.
Effect of Amendments
The 2013 amendment by D.C. Law 19-317 substituted “of not more than the amount set forth in [§ 22-3571.01]” for “not exceeding $50,000”).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 285(e) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Editor's Notes
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45 - Restraints of Trade › § 28–4508. Relief for private parties

§ 28–4508. Relief for private parties.
(a) Any person who is injured in that person’s business or property by reason of anything forbidden by this chapter may bring a civil action for damages, for appropriate injunctive or other equitable relief, or for both. In such an action, in addition to any appropriate injunctive or equitable relief, the court shall award as monetary relief: (1) threefold the total damage sustained by such person; and (2) as determined by the court, the costs of suit including reasonable attorney’s fees.
(b) The court may award under this section, pursuant to a motion by such person promptly made, simple interest on actual damages for the period beginning on the date of service of such person’s pleading setting forth a claim under this chapter and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just under the circumstances. In determining whether an award of interest under this section for any period is just under the circumstances, the court shall consider only:
(1) whether such person or the opposing party, or either party’s representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay, or otherwise acted in bad faith;
(2) whether, in the course of the action involved, such person or the opposing party, or either party’s representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings; and
(3) whether such person or the opposing party, or either party’s representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof.
(c) In any class action brought under this section by purchasers or sellers, the fact of injury and the amount of damages sustained by the members of the class may be proven on a class-wide basis, without requiring proof of such matters by each individual member of the class. The percentage of total damages attributable to a member of such class shall be the same as the ratio of such member’s purchases or sales to the purchases or sales of the class as a whole.
(Mar. 5, 1981, D.C. Law 3-169, § 2, 27 DCR 5368.)
Prior Codifications
1981 Ed., § 28-4508.
Section References
This section is referenced in § 28-4510 and § 28-4511.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45 - Restraints of Trade › § 28–4509. Indirect purchasers

§ 28–4509. Indirect purchasers.
(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.
(Mar. 5, 1981, D.C. Law 3-169, § 2, 27 DCR 5368.)
Prior Codifications
1981 Ed., § 28-4509.
Section References
This section is referenced in § 28-4510.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45 - Restraints of Trade › § 28–4510. Judgment in favor of the District of Columbia as prima facie evidence

§ 28–4510. Judgment in favor of the District of Columbia as prima facie evidence.
A final judgment or decree determining that a person has violated this chapter in an action brought by the District of Columbia under section 28-4506 , other than a consent judgment or decree entered before any testimony at trial has been taken or entered pursuant to a plea of nolo contendere, shall be prima facie evidence against such person in any other action against such person under section 28-4508 or 28-4509 as to all matters with respect to which the judgment or decree would be an estoppel between the parties to that judgment or decree.
(Mar. 5, 1981, D.C. Law 3-169, § 2, 27 DCR 5368.)
Prior Codifications
1981 Ed., § 28-4510.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45 - Restraints of Trade › § 28–4511. Limitations on actions

§ 28–4511. Limitations on actions.
(a) An action under section 28-4506 to recover a criminal penalty is barred if the action is not commenced within four (4) years after the commission of an act constituting in whole or in part the offense or wrongful action charged.
(b) An action under section 28-4507 or 28-4508 to recover damages is barred if the action is not commenced within four (4) years after the cause of action accrues, or within one (1) year after the conclusion of any timely action brought by the District of Columbia under section 28-4506, based in whole or in part on any matter complained of in the action for damages under section 28-4507 or 28-4508, whichever is later.
(Mar. 5, 1981, D.C. Law 3-169, § 2, 27 DCR 5368.)
Prior Codifications
1981 Ed., § 28-4511.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45 - Restraints of Trade › § 28–4512. Assurance of discontinuance

§ 28–4512. Assurance of discontinuance.
(a) In enforcing this chapter, the Attorney General may accept an assurance of discontinuance of an act or practice considered in violation of this chapter from any person engaged in the act or practice.
(b) The assurance of discontinuance shall be in writing and shall be effective only upon the approval of the Superior Court of the District of Columbia.
(c) The assurance of discontinuance may not be considered for any purpose as an admission of a violation. Proof of failure to comply with the assurance of discontinuance is prima facie evidence of a violation of this chapter.
(Mar. 5, 1981, D.C. Law 3-169, § 2, 27 DCR 5368; Mar. 16, 2021, D.C. Law 23-199, § 2(d), 68 DCR 000760.)
Prior Codifications
1981 Ed., § 28-4512.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45 - Restraints of Trade › § 28–4513. Cooperation with federal government and states

§ 28–4513. Cooperation with federal government and states.
Except as provided in section 28-4505(k) , the Attorney General may cooperate with the federal government and the states in the enforcement of this chapter.
(Mar. 5, 1981, D.C. Law 3-169, § 2, 27 DCR 5368; Mar. 16, 2021, D.C. Law 23-199, § 2(e), 68 DCR 000760.)
Prior Codifications
1981 Ed., § 28-4513.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45 - Restraints of Trade › § 28–4514. Remedies cumulative

§ 28–4514. Remedies cumulative.
The remedies provided for in this chapter are cumulative.
(Mar. 5, 1981, D.C. Law 3-169, § 2, 27 DCR 5368.)
Prior Codifications
1981 Ed., § 28-4514.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45 - Restraints of Trade › § 28–4515. Uniformity

§ 28–4515. Uniformity.
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.
(Mar. 5, 1981, D.C. Law 3-169, § 2, 27 DCR 5368.)
Prior Codifications
1981 Ed., § 28-4515.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45 - Restraints of Trade › § 28–4516. District of Columbia Antitrust Fund. [Repealed]

§ 28–4516. District of Columbia Antitrust Fund. [Repealed]
Repealed.
(Mar. 5, 1981, D.C. Law 3-169, § 2, 27 DCR 5368; Dec. 7, 2004, D.C. Law 15-205, § 3302, 51 DCR 8441; Sept. 14, 2011, D.C. Law 19-21, § 9003(b), 58 DCR 6226.)
Prior Codifications
1981 Ed., § 28-4516.
Emergency Legislation
For temporary (90 day) amendment of section, see § 3302 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) amendment of section, see § 3302 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
Short Title
Short title of subtitle C of title III of Law 15-205: Section 3301 of D.C. Law 15-205 provided that subtitle C of title III of the act may be cited as the Antitrust Fund Cap Increase Act of 2004.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45 - Restraints of Trade › § 28–4517. Severability

§ 28–4517. Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(Mar. 5, 1981, D.C. Law 3-169, § 2, 27 DCR 5368.)
Prior Codifications
1981 Ed., § 28-4517.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45 - Restraints of Trade › § 28–4518. Relation to other law

§ 28–4518. Relation to other law.
Nothing contained in this chapter shall be applicable to conduct or activity specifically regulated, permitted, or required by any regulatory body, agency, or commission acting under statutory authority of the District of Columbia or the United States.
(Mar. 5, 1981, D.C. Law 3-169, § 2, 27 DCR 5368.)
Prior Codifications
1981 Ed., § 28-4518.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45A - Cigarette Sales Below Cost › § 28–4522. Prohibitions

§ 28–4522. Prohibitions.
(a) It shall be unlawful for any individual, corporation, joint stock company, business trust, partnership, business association, or other legal entity engaged in business within the District of Columbia, for the purpose of injuring competitors or destroying competition, to sell, offer for sale, or advertise for sale cigarettes for less than cost, either at retail or wholesale, or to give, offer to give, or advertise an intent to give away any cigarettes for the purpose of injuring competitors or destroying competition.
(b) Notwithstanding subsection (a) of this section and § 28-4521(2), the presumptive wholesale markup of 2% may be reduced by 1/10 of 1% for the wholesale sale of cigarettes on a cash and carry basis.
(Mar. 22, 1994, D.C. Law 10-89, § 2(b), 41 DCR 489.)
Prior Codifications
1981 Ed., § 28-4522.
Section References
This section is referenced in § 28-4521, § 28-4523, and § 28-4526.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45A - Cigarette Sales Below Cost › § 28–4523. Exceptions

§ 28–4523. Exceptions.
The prohibitions of § 28-4522 shall not apply to any sale made:
(1) In closing out in good faith the wholesaler’s or retailer’s stock, or any part thereof, for the purpose of discontinuing the wholesaler’s or retailer’s trade in any such stock, and in the case of the sale of seasonal goods or the bona fide sale of perishable goods to prevent loss to the wholesaler or retailer by spoilage or depreciation, if adequate notice is given to the public;
(2) When the goods are damaged or deteriorated in quality and notice is given to the public;
(3) By a person affected by this chapter acting under the order of any court of competent jurisdiction;
(4) In an endeavor made in good faith to meet the legal prices of a competitor selling the same article or product or service in the same locality or trade area;
(5) When the product or article is sold upon the final liquidation of a business of the wholesaler or retailer;
(6) Where the article or product is sold for charitable purposes or to relief agencies; or
(7) Where the article or product is sold on contract to any agency or department of the District of Columbia or of the federal, any state, or other local government.
(Mar. 22, 1994, D.C. Law 10-89, § 2(b), 41 DCR 489.)
Prior Codifications
1981 Ed., § 28-4523.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45A - Cigarette Sales Below Cost › § 28–4524. Unfair trade practice

§ 28–4524. Unfair trade practice.
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.
(Mar. 22, 1994, D.C. Law 10-89, § 2(b), 41 DCR 489.)
Prior Codifications
1981 Ed., § 28-4524.
Section References
This section is referenced in § 28-4526.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45A - Cigarette Sales Below Cost › § 28–4525. Penalties

§ 28–4525. Penalties.
(a) Injunctive relief. — Any appropriate agency of the District of Columbia or any person injured by any violation of the provisions of this chapter, or any trade association representative of such a person, may bring an action in the Superior Court of the District of Columbia to prevent, restrain, or enjoin such a violation. In such an action, it shall not be necessary that actual damages to the plaintiff be alleged or proved, but where alleged and proved, in addition to equitable and injunctive relief, the court shall award the plaintiff as monetary relief threefold the total damage sustained by the person, and, as determined by the court, the costs of suit, including reasonable attorney’s fees.
(b) Monetary relief. — In the event no injunctive relief is sought or required, any person injured by a violation of the provisions of this chapter may maintain an action for damages alone in the Superior Court of the District of Columbia. In such an action, the court shall award the plaintiff as monetary relief threefold the total damage sustained by the person, and, as determined by the court, the costs of suit, including reasonable attorney’s fees.
(c) Suspension or revocation of license. — The Mayor may suspend or revoke any business license or permit of any wholesaler or retailer engaged in the retail or wholesale trade of cigarettes upon sufficient cause appearing of the violation of any provision of this chapter. Such a wholesaler or retailer shall be entitled to due process, including notice and the opportunity for a hearing before the appropriate agency of the District of Columbia. Any suspension shall be for a period not to exceed 5 consecutive business days. A revocation shall be issued only upon a finding by the appropriate agency of the District of Columbia that the affected business license or permit holder is guilty of wilful and persistent violations of the provisions of this chapter. Any person who has had a business license or permit revoked, pursuant to the terms of this section, may apply to the appropriate agency of the District of Columbia for reinstatement only after the expiration of 1 year. Any suspension or revocation issued pursuant to this section shall be reviewable by the Superior Court of the District of Columbia.
(Mar. 22, 1994, D.C. Law 10-89, § 2(b), 41 DCR 489.)
Prior Codifications
1981 Ed., § 28-4525.
Section References
This section is referenced in § 28-4524 and § 28-4526.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45A - Cigarette Sales Below Cost › § 28–4526. Effect of judgment

§ 28–4526. Effect of judgment.
A final judgment or decree determining that a person has violated this chapter in an action brought by the District of Columbia under § 28-4522 or § 28-4524, other than a consent judgment or decree entered before any testimony at trial has been taken or entered pursuant to a plea of nolo contendere, shall be prima facie evidence against the person in any other action against the person under § 28-4525(b) and (c) as to all matters with respect to which the judgment or decree would be an estoppel between the parties to that judgment or decree.
(Mar. 22, 1994, D.C. Law 10-89, § 2(b), 41 DCR 489.)
Prior Codifications
1981 Ed., § 28-4526.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45A - Cigarette Sales Below Cost › § 28–4527. Rulemaking

§ 28–4527. Rulemaking.
(a) The Mayor may issue proposed rules, pursuant to subchapter I of Chapter 5 of Title 2, to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
(b) The Mayor may issue emergency rules, without prior Council approval, which shall be effective for not more than 90 days.
(Mar. 22, 1994, D.C. Law 10-89, § 2(b), 41 DCR 489.)
Prior Codifications
1981 Ed., § 28-4527.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45B - Excessive Pricing › § 28–4551. Findings

§ 28–4551. Findings.
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.
(Dec. 10, 2005, D.C. Law 16-37, § 2, 52 DCR 9061.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45B - Excessive Pricing › § 28–4552. Definitions

§ 28–4552. Definitions.
For the purposes of this chapter, the term:
(1) “Affected party” means any person directly or indirectly affected by excessive prices of patented prescription drugs, including any organization representing such persons or any person or organization representing the public interest.
(2) “High income country” means the United Kingdom, Germany, Canada, or Australia.
(Dec. 10, 2005, D.C. Law 16-37, § 2, 52 DCR 9061.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45B - Excessive Pricing › § 28–4553. Excessive pricing in sales of prescription drugs, a violation of law

§ 28–4553. Excessive pricing in sales of prescription drugs, a violation of law.
It shall be unlawful for any drug manufacturer or licensee thereof, excluding a point of sale retail seller, to sell or supply for sale or impose minimum resale requirements for a patented prescription drug that results in the prescription drug being sold in the District for an excessive price.
(Dec. 10, 2005, D.C. Law 16-37, § 2, 52 DCR 9061.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45B - Excessive Pricing › § 28–4554. Burden of proof; determination of excessive pricing

§ 28–4554. Burden of proof; determination of excessive pricing.
(a) A prima facie case of excessive pricing shall be established where the wholesale price of a patented prescription drug in the District is over 30% higher than the comparable price in any high income country in which the product is protected by patents or other exclusive marketing rights.
(b) Where a prima facie case of excessive pricing is shown, the burdens of providing evidence and of proving by a preponderance of the evidence shall shift to the defendant to show that a given prescription drug is not excessively priced given demonstrated costs of invention, development and production of the prescription drug, global sales and profits to date, consideration of any government funded research that supported the development of the drug, and the impact of price on access to the prescription drug by residents and the government of the District of Columbia.
(Dec. 10, 2005, D.C. Law 16-37, § 2, 52 DCR 9061.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45B - Excessive Pricing › § 28–4555. Judicial remedies

§ 28–4555. Judicial remedies.
(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.
(Dec. 10, 2005, D.C. Law 16-37, § 2, 52 DCR 9061.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 46 - Consumer Credit Service Organizations › § 28–4602. Registration statement

§ 28–4602. Registration statement.
(a) A consumer credit service organization that operates in the District shall:
(1) Register with the Mayor by filing, on a form prescribed by the Mayor, a registration statement and paying a registration fee of $300; and
(2) Pay an annual fee of $200 before April 2 of each subsequent year or at any other time established by regulation.
(b) If there is a change in any of the information provided in the registration statement, the registrant shall report the change in writing to the Mayor within 10 days of the change.
(c) If, in the opinion of the Mayor, the registration statement fails to disclose sufficient information required by this chapter or the rules issued pursuant to this chapter, the registrant shall file in writing any additional information requested by the Mayor. The Mayor shall not accept the registration statement until all the requested information is furnished.
(Mar. 8, 1991, D.C. Law 8-236, § 3, 38 DCR 306; Apr. 9, 1997, D.C. Law 11-255, § 27(ff), 44 DCR 1271; Oct. 3, 2001, D.C. Law 14-28, § 3302, 48 DCR 6981.)
Prior Codifications
1981 Ed., § 28-4602.
Section References
This section is referenced in § 28-4606.
Effect of Amendments
D.C. Law 14-28 rewrote subsec. (a) which had read as follows: “(a) A consumer credit service organization that operates in the District shall: (1) Register with the Mayor; and (2) On a form prescribed by the Mayor, file a registration statement with the Mayor.”
Emergency Legislation
For temporary (90 day) amendment of section, see § 3002 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 46 - Consumer Credit Service Organizations › § 28–4603. Prohibited acts

§ 28–4603. Prohibited acts.
A consumer credit service organization shall not:
(1) Charge or receive money or other valuable consideration prior to completion of the services the consumer credit service organization has agreed to perform for a consumer, unless the consumer credit service organization has obtained a surety bond or established a trust account as required by § 28-4604;
(2) Charge or receive money or other valuable consideration solely for referral of a consumer to a retail seller who may extend credit to the consumer if the credit that is to be extended to the consumer is based upon substantially the same terms as credit available to the general public;
(3) Make any statement or counsel or advise a consumer to make any statement regarding the consumer’s creditworthiness, credit standing, or credit capacity that the consumer credit service organization knows or reasonably should have known is false or misleading to the following:
(A) A credit reporting agency;
(B) A person who has extended credit to a consumer; or
(C) A person to whom a consumer is applying for an extension of credit;
(4) In connection with the offer or sale of the services:
(A) Make or use a false or misleading representation;
(B) Fail to disclose a material fact, policy, or method; or
(C) Directly or indirectly engage in an act or course of business to defraud or deceive a consumer;
(5) Make or use as a part of its trade name, or employ in any communication, correspondence, notice, advertisement, circular, or other writing or publication, the word “repair” in a manner that reasonably conveys the impression or belief that the organization is able to provide a consumer with an immediate correction or rehabilitation of the consumer’s credit problem;
(6) Attempt to waive any provision of this chapter or coerce, influence, or direct a consumer to waive any provision of this chapter or any rule issued pursuant to this chapter; or
(7) Fail or refuse to comply with any provision of this chapter or any rule issued pursuant to this chapter.
(Mar. 8, 1991, D.C. Law 8-236, § 4, 38 DCR 306; Apr. 9, 1997, D.C. Law 11-255, § 27(gg), 44 DCR 1271.)
Prior Codifications
1981 Ed., § 28-4603.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 46 - Consumer Credit Service Organizations › § 28–4604. Bond requirements

§ 28–4604. Bond requirements.
(a) A consumer credit service organization that charges or receives money or other valuable consideration prior to completion of services under a contract or agreement shall obtain a surety bond or establish a trust account that guarantees a refund to a consumer of any money or other valuable consideration paid by the consumer. The bond shall be in the amount of $25,000 and issued by a surety company legally allowed to do business in the District. A trust account established to guarantee a refund to a consumer shall have a minimum balance of $25,000 and be deposited at a federally insured bank or savings and loan association located in the District.
(b) Funds from the bank account or surety bond shall be used to refund payment to a consumer who cancels a contract, to pay any damages assessed against a consumer credit service organization in an action arising from a violation of this chapter, or to settle a consumer complaint filed with the Mayor against a consumer credit service organization.
(Mar. 8, 1991, D.C. Law 8-236, § 5, 38 DCR 306.)
Prior Codifications
1981 Ed., § 28-4604.
Section References
This section is referenced in § 28-4603.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 46 - Consumer Credit Service Organizations › § 28–4606. Enforcement

§ 28–4606. Enforcement.
(a) Except as provided in this chapter, no registration pursuant to section 3 [§ 28-4602] shall be suspended or revoked without a hearing pursuant to title 1 of the District of Columbia Administrative Procedure Act (“APA”), approved October 21, 1968 (82 Stat. 1204; § 2-501 et seq.).
(b) In any proceeding pursuant to this chapter, the burden of proving an exemption or exception is upon the person who claims the exemption or exception.
(c) This section does not prohibit the enforcement by any person of a right provided by this chapter or any other applicable District or federal law, rule, or regulation.
(Mar. 8, 1991, D.C. Law 8-236, § 7, 38 DCR 306.)
Prior Codifications
1981 Ed., § 28-4606.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 46 - Consumer Credit Service Organizations › § 28–4607. Penalties

§ 28–4607. Penalties.
(a) Any person who violates any provision of this chapter shall be fined not more than not more than the amount set forth in [§ 22-3571.01] per violation, imprisoned for not more than 1 year, or both.
(b) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this act [this chapter] or the rules authorized by this chapter, pursuant to subchapters I and II of Chapter 18 of Title 2.
(c) Any consumer injured by a violation of this chapter may bring an action for recovery of damages within 3 years after the signing of the contract. Judgment shall be entered for actual damages and shall in no case be less than the amount paid by the consumer to the consumer credit service organization, plus reasonable attorney’s fees and actual costs incurred to recover the damages. An award may also be entered for punitive damages.
(d) The remedies provided pursuant to this chapter are in addition to the remedies available pursuant to any other law.
(Mar. 8, 1991, D.C. Law 8-236, § 8, 38 DCR 306; June 11, 2013, D.C. Law 19-317, § 285(f), 60 DCR 2064.)
Prior Codifications
1981 Ed., § 28-4607.
Effect of Amendments
The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not more than $500” in (a).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 285(f) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Editor's Notes
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 46 - Consumer Credit Service Organizations › § 28–4608. Rulemaking

§ 28–4608. Rulemaking.
(a) The Mayor shall issue proposed rules, pursuant to subchapter I of Chapter 5 of Title 2, to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2.
(b) The proposed rules shall include, but not be limited to the following:
(1) Registration requirements;
(2) Sample disclosure provisions;
(3) Contract and notice of cancellation forms; and
(4) A schedule of civil fines.
(c) The Mayor may issue emergency rules without prior Council approval, which shall be effective for not more than 90 days and are consistent with subchapter I of Chapter 5 of Title 2.
(Mar. 8, 1991, D.C. Law 8-236, § 10, 38 DCR 306; Apr. 9, 1997, D.C. Law 11-255, § 27(hh), 44 DCR 1271.)
Prior Codifications
1981 Ed., § 28-4608.
Editor's Notes
Most of the provisions of this chapter (§§ 28-4701 to 28-4712), are now codified at §§ 19-1309.01 to 19-1309.06, 19-1308.03, 19-1308.04, and 19-1308.05.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 47 - Uniform Prudent Investor Act. [Repealed] › § 28–4701. Prudent investor rule [Repealed]

§ 28–4701. Prudent investor rule [Repealed]
Repealed.
(Mar. 26, 1999, D.C. Law 12-187, § 1-12, 45 DCR 7802; Mar. 10, 2004, D.C. Law 15-104, § 4, 51 DCR 208.)
Prior Codifications
1981 Ed., § 28-4701 — 28-4712.
Editor's Notes
Most of the provisions of this chapter (§§ 28-4701 to 28-4712), are now codified at §§ 19-1309.01 to 19-1309.06, 19-1308.03, 19-1308.04, and 19-1308.05.
Uniform Law: These sections were based upon §§ 1-12 of the Uniform Prudent Investor Act.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 47 - Uniform Prudent Investor Act. [Repealed] › § 28–4702. Standard of care; portfolio strategy; risk and return objectives [Repealed]

§ 28–4702. Standard of care; portfolio strategy; risk and return objectives [Repealed]
Repealed.
(Mar. 26, 1999, D.C. Law 12-187, § 1-12, 45 DCR 7802; Mar. 10, 2004, D.C. Law 15-104, § 4, 51 DCR 208.)
Prior Codifications
1981 Ed., § 28-4701 — 28-4712.
Editor's Notes
Most of the provisions of this chapter (§§ 28-4701 to 28-4712), are now codified at §§ 19-1309.01 to 19-1309.06, 19-1308.03, 19-1308.04, and 19-1308.05.
Uniform Law: These sections were based upon §§ 1-12 of the Uniform Prudent Investor Act.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 47 - Uniform Prudent Investor Act. [Repealed] › § 28–4703. Diversification [Repealed]

§ 28–4703. Diversification [Repealed]
Repealed.
(Mar. 26, 1999, D.C. Law 12-187, § 1-12, 45 DCR 7802; Mar. 10, 2004, D.C. Law 15-104, § 4, 51 DCR 208.)
Prior Codifications
1981 Ed., § 28-4701 — 28-4712.
Editor's Notes
Most of the provisions of this chapter (§§ 28-4701 to 28-4712), are now codified at §§ 19-1309.01 to 19-1309.06, 19-1308.03, 19-1308.04, and 19-1308.05.
Uniform Law: These sections were based upon §§ 1-12 of the Uniform Prudent Investor Act.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 47 - Uniform Prudent Investor Act. [Repealed] › § 28–4704. Duties at inception of trusteeship [Repealed]

§ 28–4704. Duties at inception of trusteeship [Repealed]
Repealed.
(Mar. 26, 1999, D.C. Law 12-187, § 1-12, 45 DCR 7802; Mar. 10, 2004, D.C. Law 15-104, § 4, 51 DCR 208.)
Prior Codifications
1981 Ed., § 28-4701 — 28-4712.
Editor's Notes
Most of the provisions of this chapter (§§ 28-4701 to 28-4712), are now codified at §§ 19-1309.01 to 19-1309.06, 19-1308.03, 19-1308.04, and 19-1308.05.
Uniform Law: These sections were based upon §§ 1-12 of the Uniform Prudent Investor Act.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 47 - Uniform Prudent Investor Act. [Repealed] › § 28–4705. Loyalty [Repealed]

§ 28–4705. Loyalty [Repealed]
Repealed.
(Mar. 26, 1999, D.C. Law 12-187, § 1-12, 45 DCR 7802; Mar. 10, 2004, D.C. Law 15-104, § 4, 51 DCR 208.)
Prior Codifications
1981 Ed., § 28-4701 — 28-4712.
Editor's Notes
Most of the provisions of this chapter (§§ 28-4701 to 28-4712), are now codified at §§ 19-1309.01 to 19-1309.06, 19-1308.03, 19-1308.04, and 19-1308.05.
Uniform Law: These sections were based upon §§ 1-12 of the Uniform Prudent Investor Act.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 47 - Uniform Prudent Investor Act. [Repealed] › § 28–4706. Impartiality [Repealed]

§ 28–4706. Impartiality [Repealed]
Repealed.
(Mar. 26, 1999, D.C. Law 12-187, § 1-12, 45 DCR 7802; Mar. 10, 2004, D.C. Law 15-104, § 4, 51 DCR 208.)
Prior Codifications
1981 Ed., § 28-4701 — 28-4712.
Editor's Notes
Most of the provisions of this chapter (§§ 28-4701 to 28-4712), are now codified at §§ 19-1309.01 to 19-1309.06, 19-1308.03, 19-1308.04, and 19-1308.05.
Uniform Law: These sections were based upon §§ 1-12 of the Uniform Prudent Investor Act.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 47 - Uniform Prudent Investor Act. [Repealed] › § 28–4707. Investment costs [Repealed]

§ 28–4707. Investment costs [Repealed]
Repealed.
(Mar. 26, 1999, D.C. Law 12-187, § 1-12, 45 DCR 7802; Mar. 10, 2004, D.C. Law 15-104, § 4, 51 DCR 208.)
Prior Codifications
1981 Ed., § 28-4701 — 28-4712.
Editor's Notes
Most of the provisions of this chapter (§§ 28-4701 to 28-4712), are now codified at §§ 19-1309.01 to 19-1309.06, 19-1308.03, 19-1308.04, and 19-1308.05.
Uniform Law: These sections were based upon §§ 1-12 of the Uniform Prudent Investor Act.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 47 - Uniform Prudent Investor Act. [Repealed] › § 28–4708. Reviewing compliance [Repealed]

§ 28–4708. Reviewing compliance [Repealed]
Repealed.
(Mar. 26, 1999, D.C. Law 12-187, § 1-12, 45 DCR 7802; Mar. 10, 2004, D.C. Law 15-104, § 4, 51 DCR 208.)
Prior Codifications
1981 Ed., § 28-4701 — 28-4712.
Editor's Notes
Most of the provisions of this chapter (§§ 28-4701 to 28-4712), are now codified at §§ 19-1309.01 to 19-1309.06, 19-1308.03, 19-1308.04, and 19-1308.05.
Uniform Law: These sections were based upon §§ 1-12 of the Uniform Prudent Investor Act.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 47 - Uniform Prudent Investor Act. [Repealed] › § 28–4709. Delegation of investment and management functions [Repealed]

§ 28–4709. Delegation of investment and management functions [Repealed]
Repealed.
(Mar. 26, 1999, D.C. Law 12-187, § 1-12, 45 DCR 7802; Mar. 10, 2004, D.C. Law 15-104, § 4, 51 DCR 208.)
Prior Codifications
1981 Ed., § 28-4701 — 28-4712.
Editor's Notes
Most of the provisions of this chapter (§§ 28-4701 to 28-4712), are now codified at §§ 19-1309.01 to 19-1309.06, 19-1308.03, 19-1308.04, and 19-1308.05.
Uniform Law: These sections were based upon §§ 1-12 of the Uniform Prudent Investor Act.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 47 - Uniform Prudent Investor Act. [Repealed] › § 28–4710. Language invoking standard of chapter [Repealed]

§ 28–4710. Language invoking standard of chapter [Repealed]
Repealed.
(Mar. 26, 1999, D.C. Law 12-187, § 1-12, 45 DCR 7802; Mar. 10, 2004, D.C. Law 15-104, § 4, 51 DCR 208.)
Prior Codifications
1981 Ed., § 28-4701 — 28-4712.
Editor's Notes
Most of the provisions of this chapter (§§ 28-4701 to 28-4712), are now codified at §§ 19-1309.01 to 19-1309.06, 19-1308.03, 19-1308.04, and 19-1308.05.
Uniform Law: These sections were based upon §§ 1-12 of the Uniform Prudent Investor Act.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 47 - Uniform Prudent Investor Act. [Repealed] › § 28–4711. Uniformity of application and construction [Repealed]

§ 28–4711. Uniformity of application and construction [Repealed]
Repealed.
(Mar. 26, 1999, D.C. Law 12-187, § 1-12, 45 DCR 7802; Mar. 10, 2004, D.C. Law 15-104, § 4, 51 DCR 208.)
Prior Codifications
1981 Ed., § 28-4701 — 28-4712.
Editor's Notes
Most of the provisions of this chapter (§§ 28-4701 to 28-4712), are now codified at §§ 19-1309.01 to 19-1309.06, 19-1308.03, 19-1308.04, and 19-1308.05.
Uniform Law: These sections were based upon §§ 1-12 of the Uniform Prudent Investor Act.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 47 - Uniform Prudent Investor Act. [Repealed] › § 28–4712. Application to existing relationships [Repealed]

§ 28–4712. Application to existing relationships [Repealed]
Repealed.
(Mar. 26, 1999, D.C. Law 12-187, § 1-12, 45 DCR 7802; Mar. 10, 2004, D.C. Law 15-104, § 4, 51 DCR 208.)
Prior Codifications
1981 Ed., § 28-4701 — 28-4712.
Editor's Notes
Most of the provisions of this chapter (§§ 28-4701 to 28-4712), are now codified at §§ 19-1309.01 to 19-1309.06, 19-1308.03, 19-1308.04, and 19-1308.05.
Uniform Law: These sections were based upon §§ 1-12 of the Uniform Prudent Investor Act.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 48 - Principal and Income; Uniform Law › Subchapter I - Definitions and Fiduciary Duties › § 28–4801.01. Short title

§ 28–4801.01. Short title.
This chapter may be cited as the “Uniform Principal and Income Act”.
(Apr. 27, 2001, D.C. Law 13-292, § 502(c), 48 DCR 2087.)
Editor's Notes
Section 1102 of D.C. Law 13-292 provided: “For purposes of Title 5 and Title 9 and sections 801(b), 805, and 806 of Title 8 of this act, the provisions relating to the administration of decedent’s estates shall apply only to the estates of decedent’s who die on or after the effective date of this act.”
Uniform Law: This section is based upon § 101 of the Uniform Principal and Income Act (1997 Act).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 48 - Principal and Income; Uniform Law › Subchapter I - Definitions and Fiduciary Duties › § 28–4801.03. Fiduciary duties; general principles

§ 28–4801.03. Fiduciary duties; general principles.
(a) In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of subchapters II and III of this chapter, a fiduciary:
(1) Shall administer a trust or estate in accordance with the terms of the trust or the will, even if there is a different provision in this chapter;
(2) May administer a trust or estate by the exercise of a discretionary power of administration given to the fiduciary by the terms of the trust or the will, even if the exercise of the power produces a result different from a result required or permitted by this chapter;
(3) Shall administer a trust or estate in accordance with this chapter if the terms of the trust or the will do not contain a different provision or do not give the fiduciary a discretionary power of administration; and
(4) Shall add a receipt or charge a disbursement to principal to the extent that the terms of the trust and this chapter do not provide a rule for allocating the receipt or disbursement to or between principal and income.
(b) In exercising the power to adjust under § 28-4801.04(a) or a discretionary power of administration regarding a matter within the scope of this chapter, whether granted by the terms of a trust, a will, or this chapter, a fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries, except to the extent that the terms of the trust or the will clearly manifest an intention that the fiduciary shall or may favor one or more of the beneficiaries. A determination in accordance with this chapter is presumed to be fair and reasonable to all of the beneficiaries.
(Apr. 27, 2001, D.C. Law 13-292, § 502(c), 48 DCR 2087.)
Section References
This section is referenced in § 28-4801.04.
Editor's Notes
Uniform Law: This section is based upon § 103 of the Uniform Principal and Income Act (1997 Act).