2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 38 - Consumer Protections › Subchapter III - Consumer Security Freeze › § 28–3864. Enforcement

§ 28–3864. Enforcement.
(a) A credit reporting agency that discovers a security breach of credit information in violation of a security freeze shall provide written notice to the affected consumer of the security breach of credit information in accordance with Subchapter II [of this chapter].
(b) If a credit reporting agency willfully violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer may bring a civil action against the credit reporting agency for the following:
(1) Injunctive relief to prevent or restrain further violation of the security freeze;
(2) Actual damages;
(3) Punitive damages; and
(4) Reasonable attorney’s fees and costs of the action.
(c) If a credit reporting agency negligently violates the security freeze by releasing credit information that has been placed under a security freeze, the affected consumer may bring a civil action against the credit reporting agency for the following:
(1) Injunctive relief to prevent or restrain further violation of the security freeze;
(2) Actual damages; and
(3) Reasonable attorney’s fees and costs of the action.
(d)(1) The Attorney General may petition the Superior Court of the District of Columbia for temporary or permanent injunctive relief against, and for an award of restitution for property lost or damages suffered by a consumer as a consequence of, a violation of this subchapter by a credit reporting agency, or fraudulent or deceptive conduct that causes the improper release or use of credit information that is subject to a security freeze. Notwithstanding any other provision of this section, only the Attorney General shall enforce the requirements under § 28-3862(e)(2).
(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.
(Mar. 8, 2007, D.C. Law 16-238, § 2(b), 54 DCR 397.)
Emergency Legislation
For temporary (90 days) creation of a provision dealing with COVID-19 Emergency credit alert, see § 304 of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).
For temporary (90 days) creation of a provision dealing with COVID-19 Emergency credit alert, see § 304 of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).
For temporary (90 days) creation of a provision dealing with COVID-19 Emergency credit alert, see § 304(b) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).
For temporary (90 days) amendment of a provision dealing with COVID-19 Emergency credit alert, see § 8 of Coronavirus Support Clarification Emergency Amendment Act of 2020 (D.C. Act 23-332, July 7, 2020, 67 DCR 8609).
For temporary (90 days) creation of a provision dealing with COVID-19 Emergency credit alert, see § 304(b) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).
For temporary (90 days) creation of a provision dealing with COVID-19 Emergency credit alert, see § 304(b) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
Temporary Legislation
For temporary (225 days) creation of a provision dealing with COVID-19 Emergency credit alert, see § 304 of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).
For temporary (225 days) creation of § 28-3871, see § 304 of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).