2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 38 - Consumer Protections › Subchapter IV - Public Health Emergency Credit Alert › § 28–3871. COVID-19 Emergency credit alert

§ 28–3871. COVID-19 Emergency credit alert.
*NOTE: This section was created by temporary legislation that will expire on July 10, 2024.*
(a)(1) If a consumer reports in good faith that the consumer has experienced financial hardship resulting directly or indirectly from the public health emergency declared by the Mayor (Mayor's Order 2020-046) on March 11, 2020, , a credit reporting agency maintaining a file on the consumer shall accept and include in that file a personal statement furnished by the consumer indicating that the consumer has been financially impacted by the COVID-19 emergency.
(2) A credit reporting agency shall provide that personal statement along with any credit report provided by the agency, beginning on the date the credit reporting agency receives the personal statement, unless the consumer requests that the personal statement be removed.
(b) This section shall not apply to a federal credit union, as defined by 12 U.S.C. § 1752(1), a national bank, as defined by 12 U.S.C. § 25b(a)(1), or a federal savings association, as defined by 12 U.S.C. § 1462(3); except, that an exception granted by this subsection shall not apply to any entity to which the savings clause at 12 U.S.C. § 25b(b)(2) applies.
(c) No user of a credit report shall consider adverse information in a report that was the result of an action or inaction by a consumer that occurred during, and was directly or indirectly the result of, the public health emergency declared by the Mayor (Mayor's Order 2020-046) on March 11, 2020, , if the credit report includes a personal statement pursuant to subsection (a) of this section.
(d) When a District resident requests a copy of a credit report pursuant to 15 U.S.C. § 1681j, the entity providing the credit report must notify the resident of the right to request a personal statement to accompany the credit report.
(e) If a credit reporting agency violates this section, the affected consumer may bring a civil action consistent with 15 U.S.C. § 1681n.
(f)(1) The Attorney General may petition the Superior Court of the District of Columbia for temporary or permanent injunctive relief for, and for an award of damages for property loss or harm suffered by a consumer as a consequence of, a violation of this section, or fraudulent or deceptive conduct in violation of this section that harms a District resident.
(2) In an action under this section, the Attorney General may recover:
(A) A civil penalty not to exceed $1,000 for each violation; and
(B) Reasonable attorney's fees and costs of the action.
(g) The following terms shall have the same meaning as defined in [§ 28-3861]:
(1) Consumer;
(2) Credit report; and
(3) Credit reporting agency.
(h) This section shall not be construed in a manner inconsistent with 15 U.S.C. § 1681
et seq
., or any other federal law or regulation.
(Nov. 28, 2023, D.C. Law 25-69, § 2(b), 70 DCR 13804.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 2(b) of Public Health Emergency Credit Alert Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-319, Nov. 21, 2023, 70 DCR 15481).
For temporary (90 days) creation of this section, see § 2(b) of Public Health Emergency Credit Alert Emergency Amendment Act of 2023 (D.C. Act 25-189, July 31, 2023, 70 DCR 10718).
For temporary (90 days) creation of this section, see § 2(b) of Public Health Emergency Credit Alert Extension Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-9, Feb. 1, 2023, 00 DCR 00).
For temporary (90 days) creation of this section, see § 2(b) of Public Health Emergency Credit Alert Extension Emergency Amendment Act of 2022 (D.C. Act 24-622, Oct. 31, 2022, 0 DCR 0).
For temporary (90 days) creation of this section, see § 2(b) of Public Health Emergency Credit Alert Emergency Amendment Act of 2022 (D.C. Act 24-317, Feb. 3, 2022, 0 DCR 0).
Temporary Legislation
For temporary (225 days) creation of this section, see § 2(b) of Public Health Emergency Credit Alert Temporary Amendment Act of 2023 (D.C. Law 25-69, Nov. 28, 2023, 70 DCR 13804).
For temporary (225 days) creation of this section, see § 2(b) of Public Health Emergency Credit Alert Extension Temporary Amendment Act of 2022 (D.C. Law 24-266, Feb. 23, 2023, 69 DCR 14645).
For temporary (225 days) creation of this section, see § 2(b) of Public Health Emergency Credit Alert Temporary Amendment Act of 2022 (D.C. Law 24-110, Apr. 8, 2022, 69 DCR 001485).