reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 38 - Consumer Protections › Subchapter I - General › § 28–3805. Debts secured by cross-collateral

§ 28–3805. Debts secured by cross-collateral.
(a) If debts arising from two or more consumer credit sales other than sales pursuant to a revolving charge account (section 28-3701), are secured by cross-collateral, or consolidated into one debt payable on a single schedule of payments, and the debt is secured by security interests taken with respect to one or more of the sales, payments received by the seller after the taking of the cross-collateral or the consolidation are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been first applied to the payment of the debts arising from the sales first made. To the extent debts are paid according to this section, security interests in items of property terminate as the debts originally incurred with respect to each item are paid.
(b) Payment received by the seller upon a revolving charge are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of credit service charges in the order of their entry to the account and then to the payment of debts in the order in which the entries to the account showing the debts were made.
(c) If the debts consolidated arose from two or more sales made on the same day, payments received by the seller are deemed, for the purpose of determining the amount of the debt secured by the various security interests, to have been applied first to the payment of the smallest debt.
(Dec. 17, 1971, 85 Stat. 670, Pub. L. 92-200, § 4; Apr. 9, 1997, D.C. Law 11-255, § 27(n), 44 DCR 1271.)
Prior Codifications
1981 Ed., § 28-3805.
1973 Ed., § 28-3805.
Section References
This section is referenced in § 28-3909.
Cross References
Consumer protection procedures, restraining prohibited acts, see § 28-3909.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 38 - Consumer Protections › Subchapter I - General › § 28–3806. Attorney’s fees

§ 28–3806. Attorney’s fees.
With respect to a consumer credit sale or direct installment loan the agreement may provide for the payment by the consumer of reasonable attorney’s fees not in excess of 15% of the unpaid balance of the obligation.
(Dec. 17, 1971, 85 Stat. 670, Pub. L. 92-200, § 4; Apr. 9, 1997, D.C. Law 11-255, § 27(o), 44 DCR 1271.)
Prior Codifications
1981 Ed., § 28-3806.
1973 Ed., § 28-3806.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 38 - Consumer Protections › Subchapter I - General › § 28–3807. Negotiable instruments prohibited

§ 28–3807. Negotiable instruments prohibited.
(a) In a consumer credit sale, no seller shall take or otherwise arrange for the consumer to sign an instrument, except a check, payable “to order” or “to bearer” as evidence of the credit obligation of the consumer.
(b) Any holder of an instrument prohibited by subsection (a) of this section 28-3807, if he takes it with knowledge of a violation of this section, takes it subject to all claims and defenses of the consumer up to the amount owing on the transaction total at the time of the assignment.
(Dec. 17, 1971, 85 Stat. 670, Pub. L. 92-200, § 4.)
Prior Codifications
1981 Ed., § 28-3807.
1973 Ed., § 28-3807.
Section References
This section is referenced in § 28-3909.
Cross References
Consumer protection procedures, restraining prohibited acts, see § 28-3909.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 38 - Consumer Protections › Subchapter I - General › § 28–3808. Assignees subject to defenses

§ 28–3808. Assignees subject to defenses.
(a) With respect to a consumer credit sale, an assignee of the rights of the seller or lessor is subject to all claims and defenses of the consumer or lessee arising out of the sale notwithstanding any terms or agreements to the contrary, but the assignee’s liability under this section may not exceed the amount owing to the assignee at the time of the assignment.
(b) Rights of the consumer or lessee can only be asserted as a matter of defense to or set-off against a claim by the assignee.
(Dec. 17, 1971, 85 Stat. 670, Pub. L. 92-200, § 4.)
Prior Codifications
1981 Ed., § 28-3808.
1973 Ed., § 28-3808.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 38 - Consumer Protections › Subchapter I - General › § 28–3809. Lender subject to defenses arising from sales

§ 28–3809. Lender subject to defenses arising from sales.
(a) A lender who makes a direct installment loan for the purpose of enabling a consumer to purchase goods or services is subject to all claims and defenses of the consumer against the seller arising out of the purchase of the goods or service if such lender acts at the express request of the seller, and —
(1) the seller participates in the preparation of the loan instruments, or
(2) the lender is a person or organization controlled by or under common control with the seller, or
(3) the seller receives or will receive a fee, compensation, or other consideration from the lender for arranging the loan.
(b) The lender’s liability under this section may not exceed the amount of the loan. Rights of the debtor can only be asserted affirmatively in an action to cancel and void the sale from its inception, or as a matter of defense to or set-off against a claim by the lender.
(Dec. 17, 1971, 85 Stat. 671, Pub. L. 92-200, § 4.)
Prior Codifications
1981 Ed., § 28-3809.
1973 Ed., § 28-3809.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 38 - Consumer Protections › Subchapter I - General › § 28–3810. Referral sales

§ 28–3810. Referral sales.
With respect to a consumer credit sale, the seller or lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to the buyer or lessee as an inducement for a sale or lease in consideration of his giving to the seller or lessor the names of prospective purchasers or lessees, or otherwise aiding the seller or lessor in making a sale or lease to another person, if the earning of the rebate, discount, or other value is contingent upon the occurrence of an event subsequent to the time the buyer or lessee agrees to buy or lease. If a buyer or lessee is induced by a violation of this section to enter into a consumer credit sale, the agreement is unenforceable by the seller or lessor and the buyer or lessee, at his option, may rescind the agreement or retain the goods delivered and the benefit of any services performed, without any obligation to pay for them.
(Dec. 17, 1971, 85 Stat. 671, Pub. L. 92-200, § 4; Apr. 9, 1997, D.C. Law 11-255, § 27(p), 44 DCR 1271.)
Prior Codifications
1981 Ed., § 28-3810.
1973 Ed., § 28-3810.
Section References
This section is referenced in § 28-3909.
Cross References
Consumer protection procedures, restraining prohibited acts, see § 28-3909.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 38 - Consumer Protections › Subchapter I - General › § 28–3813. Consumers’ remedies

§ 28–3813. Consumers’ remedies.
(a) The remedies provided by this section shall be liberally administered to the end that the consumer as the aggrieved party shall be put in at least as good a position as if the creditor had fully complied with this chapter. Except as is otherwise specifically provided where there are wilful and repeated violations of this chapter consequential and special damages may be had in lieu of the specific penalties allowed, and in addition punitive damages may be had as indicated.
(b) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.
(c) “Transaction total” means —
(1) in the case of transactions pursuant to open end credit plans or consumer credit transactions, the total of the following calculated as if the amount or amounts financed were paid over the maximum period of the plan or, if there is no such period, over twelve months beginning with the next billing cycle or cycles following the transaction or transactions:
(A) the amount financed, plus any down payment or required deposit balance, and
(B) the total finance charge, including any prepaid finance charge;
(2) in the case of other than open end transactions or consumer credit transactions, the total of the following:
(A) the amount financed, plus any down payment or required deposit balance, and
(B) the amount of all precomputed or precomputable finance charge, including any prepaid finance charge.
(d)(1) In the discretion of the court, a consumer may recover from the person violating this chapter, in addition to the damages the law otherwise allows, 10% of the transaction total, if applicable, or $100, whichever is greater, for violations to which this section applies.
(2) This section also applies to all violations for which no other remedy is specifically provided.
(e) If a consumer prevails in a suit brought under this chapter, the court may assess reasonable attorney’s fees in addition to any other amounts recoverable under this chapter.
(f) Any charge, practice, term, clause, provision, security interest, or other action or conduct which can be shown to be in wilful violation of the provisions of this chapter shall confer no rights or obligations enforceable by action.
(Dec. 17, 1971, 85 Stat. 675, Pub. L. 92-200, § 4.)
Prior Codifications
1981 Ed., § 28-3813.
1973 Ed., § 28-3813.
Section References
This section is referenced in § 28-3804.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 38 - Consumer Protections › Subchapter I - General › § 28–3815. Administrative enforcement

§ 28–3815. Administrative enforcement.
(a) As used in this section —
(1) “Commissioner” [“Mayor”] means the Commissioner of the District of Columbia [Mayor of the District of Columbia] or his designated agent;
(b) Compliance with the requirements imposed under this chapter shall be enforced by the Commissioner [Mayor]. Nothing contained herein shall be construed to affect the authority and jurisdiction of the respective agencies designated in section 108 of the Truth-in-Lending Act (82 Stat. 146 et seq.; 15 U.S.C. 1601 et seq.).
(c) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this act [this chapter], or any rules or regulations issued under the authority of this act [this chapter], pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 [Chapter 18 of Title 2]. Adjudication of any infraction of this act [this chapter] shall be pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 [Chapter 18 of Title 2].
(Dec. 17, 1971, 85 Stat. 678, Pub. L. 92-200, § 4; Mar. 8, 1991, D.C. Law 8-237, § 24, 38 DCR 314.)
Prior Codifications
1981 Ed., § 28-3815.
1973 Ed., § 28-3815.
Cross References
Department of consumer and regulatory affairs, enforcement authority, see § 28-3903.
Change in Government
This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made, in brackets, in this section.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 38 - Consumer Protections › Subchapter I - General › § 28–3816. Inconsistent laws: What law governs

§ 28–3816. Inconsistent laws: What law governs.
If any provision of law or regulation promulgated thereunder is inconsistent with this chapter, this chapter shall govern, unless this chapter or the inconsistent provision of the other laws specifically provides otherwise.
(Dec. 17, 1971, 85 Stat. 678, Pub. L. 92-200, § 4.)
Prior Codifications
1981 Ed., § 28-3816.
1973 Ed., § 28-3816.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 38 - Consumer Protections › Subchapter II - Consumer Security Breach Notification › § 28–3852.01. Security requirements

§ [28–3852.01]. Security requirements.
(a) To protect personal information from unauthorized access, use, modification, disclosure, or a reasonably anticipated hazard or threat, a person or entity that owns, licenses, maintains, handles, or otherwise possesses personal information of an individual residing in the District shall implement and maintain reasonable security safeguards, including procedures and practices that are appropriate to the nature of the personal information and the nature and size of the entity or operation.
(b) A person or entity that uses a nonaffiliated third party as a service provider to perform services for a person or entity and discloses personal information about an individual residing in the District under a written agreement with the third party shall require by the agreement that the third party implement and maintain reasonable security procedures and practices that:
(1) Are appropriate to the nature of the personal information disclosed to the nonaffiliated third party; and
(2) Are reasonably designed to protect the personal information from unauthorized access, use, modification, and disclosure.
(c) When a person or entity is destroying records, including computerized or electronic records and devices containing computerized or electronic records, that contain personal information of a consumer, employee, or former employee of the person or entity, the person or entity shall take reasonable steps to protect against unauthorized access to or use of the personal information, taking into account:
(1) The sensitivity of the records;
(2) The nature and size of the business and its operations;
(3) The costs and benefits of different destruction and sanitation methods; and
(4) Available technology.
(d) A person or entity who is subject to and in compliance with requirements for security procedures and practices contained in Title V of the Gramm-Leach-Bliley Act, approved November 12, 1999 (113 Stat. 1436; 15 U.S.C. § 6801
et seq
.), or the Health Insurance Portability Accountability Act of 1996, approved August 21, 1996 (Pub. L. No. 104-191; 110 Stat. 1936), or the Health Information Technology for Economic and Clinical Health Act, approved February 17, 2009 (Pub. L. No.111-5; 123 Stat. 226), and any rules, regulations, guidance and guidelines thereto, shall be deemed to be in compliance with this section.".
(June 17, 2020, D.C. Law 23-98, § 2(a)(5), 67 DCR 3923.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 38 - Consumer Protections › Subchapter II - Consumer Security Breach Notification › § 28–3852.02. Remedies

§ [28–3852.02]. Remedies.
When a person or entity experiences a breach of the security of the system that requires notification under § 28-3852(a) or (b), and such breach includes or is reasonably believed to include a social security number or taxpayer identification number, the person or entity shall offer to each District resident whose social security number or tax identification number was released identity theft protection services at no cost to such District resident for a period of not less than 18 months. The person or entity that experienced the breach of the security of its system shall provide all information necessary for District residents to enroll in the services required under this section.
(June 17, 2020, D.C. Law 23-98, § 2(a)(5), 67 DCR 3923.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 38 - Consumer Protections › Subchapter II - Consumer Security Breach Notification › § 28–3852.03. Rulemaking

§ [28–3852.03]. Rulemaking.
The Attorney General for the District of Columbia, pursuant to [Chapter 5 of Title 2], may issue rules to implement the notification provisions pursuant to § 28-3852(b-1).
(June 17, 2020, D.C. Law 23-98, § 2(a)(5), 67 DCR 3923.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 38 - Consumer Protections › Subchapter II - Consumer Security Breach Notification › § 28–3853. Enforcement

§ 28–3853. Enforcement.
(a) [Repealed].
(b) A violation of this subchapter, or any rule issued pursuant to the authority of this subchapter, is an unfair or deceptive trade practice pursuant to § 28-3904(kk).
(c) The rights and remedies available under this section are cumulative to each other and to any other rights and remedies available under law.
(Mar. 8, 2007, D.C. Law 16-237, § 2(c), 54 DCR 393; June 17, 2020, D.C. Law 23-98, § 2(a)(6), 67 DCR 3923.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 38 - Consumer Protections › Subchapter III - Consumer Security Freeze › § 28–3861. Definitions

§ 28–3861. Definitions.
For the purposes of this subchapter, the term:
(1) “Consumer” means an individual who resides in the District of Columbia.
(2) “Credit report” means information maintained by a credit reporting agency bearing on a consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, which is used or expected to be used or collected in whole or in part for:
(A) Serving as a factor in establishing the consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes;
(B) Employment purposes; or
(C) Any other purpose authorized under the Fair Credit Reporting Act, approved October 26, 1970 (84 Stat. 1127; 15 U.S.C. § 1681b).
(3) “Credit reporting agency” means any person who, for consideration, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of maintaining consumers’ credit information for the purpose of furnishing the information to third parties.
(4) “Proper identification” means information generally considered sufficient to identify a person. Additional information concerning the consumer’s employment and personal or family history shall not be included within the term “proper identification” unless the consumer is unable to reasonably identify himself or herself with other information generally considered sufficient.
(5) “Security freeze” or “freeze” means a restriction, at the request of the consumer and subject to certain exceptions, that prohibits the credit reporting agency from releasing all or any part of a credit report or any information derived from it without the express authorization of the consumer.
(Mar. 8, 2007, D.C. Law 16-238, § 2(b), 54 DCR 397.)
Editor's Notes
Section 4 of D.C. Law 16-238 provided: “This act shall apply as of July 1, 2007.”
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 38 - Consumer Protections › Subchapter III - Consumer Security Freeze › § 28–3863. Notice of rights

§ 28–3863. Notice of rights.
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.”.
(Mar. 8, 2007, D.C. Law 16-238, § 2(b), 54 DCR 397.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 39 - Consumer Protection Procedures › § 28–3907. Advisory Committee on Consumer Protection

§ 28–3907. Advisory Committee on Consumer Protection.
(a) There shall be an Advisory Committee on Consumer Protection consisting of 11 members appointed by the Mayor for three-year terms. The nongovernmental members, immediately prior to the effective date of this chapter, of the Advisory Committee on Consumer Affairs established in Organization Order No. 40 (C.O. 73-225; October 3, 1973), shall carry out their terms. No District Government employees shall be members. Four members shall be District merchants. Seven members shall be persons with demonstrated and current records of activity on behalf of consumers.
(b) The Committee shall:
(1) recommend priorities in, and, at the Committee’s discretion, carry out investigations and research, which concern broad, developing, or frequently encountered consumer problems;
(2) assist the Director as the Director may request;
(3) monitor the performance and organization of the Office, by quantitative and qualitative methods, and make recommendations and criticisms, based thereon; and
(4) cooperate with consumer-related agencies, groups, and individuals in the District and in the metropolitan area to improve city-wide and area-wide consumer protection and education efforts.
(c) The Committee shall elect one of its members as Chairperson and another as Vice-Chairperson, each to serve at the pleasure of the Committee, and such other officers and subcommittees as it determines.
(d) The Office shall provide staff support for the Advisory Committee. Appropriate expenses incurred by the Committee as a whole, or by individual members, may be paid when authorized by the Director.
(e) The Committee shall meet on call by the Chairperson as frequently as required to perform its duties, but no less than once each month, and it shall submit an annual report to the Mayor, Council, and the public.
(f) The Committee shall hold public hearings as deemed necessary.
(July 22, 1976, D.C. Law 1-76, § 8, 23 DCR 1185; Sept. 6, 1980, D.C. Law 3-85, § 3(a), (d), 27 DCR 2900; Apr. 9, 1997, D.C. Law 11-255, § 27(z), 44 DCR 1271.)
Prior Codifications
1981 Ed., § 28-3907.
1973 Ed., T. 28, Appx., § 8.
Section References
This section is referenced in § 28-3901.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 39 - Consumer Protection Procedures › § 28–3908. Severability

§ 28–3908. Severability.
If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of this chapter, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected.
(July 22, 1976, D.C. Law 1-76, § 9, 23 DCR 1185; enacted, Sept. 6, 1980, D.C. Law 3-85, § 3(a), (d), 27 DCR 2900.)
Prior Codifications
1981 Ed., § 28-3908.
1973 Ed., T. 28, Appx., § 9.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 39 - Consumer Protection Procedures › § 28–3911. District of Columbia Consumer Protection Fund. [Repealed]

§ 28–3911. District of Columbia Consumer Protection Fund. [Repealed]
Repealed.
(Oct. 19, 2000, D.C. Law 13-172, § 1402(f), 47 DCR 6308; Mar. 8, 2007, D.C. Law 16-237, § 2(d), 54 DCR 393; Sept. 18, 2007, D.C. Law 17-20, § 3023, 54 DCR 7052; Jan. 23, 2008, D.C. Law 17-68, § 2, 54 DCR 11648; Mar. 3, 2010, D.C. Law 18-111, § 3002, 57 DCR 181; Sept. 14, 2011, D.C. Law 19-21, § 9003(a), 58 DCR 6226.)
Emergency Legislation
For temporary (90-day) addition of section, see § 1402(f) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) addition of section, see § 1402(f) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
For temporary (90 day) addition of section, see § 2(b) of Residential Water Lead Level Test Emergency Act of 2004 (D.C. Act 15-436, May 25, 2004, 51 DCR 5953).
For temporary (90 day) amendment of section, see § 2 of District of Columbia Consumer Protection Fund Emergency Amendment Act of 2007 (D.C. Act 17-64, June 28, 2007, 54 DCR 7046).
For temporary (90 day) amendment of section, see § 3023 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).
For temporary (90 day) amendment of section, see § 2 of District of Columbia Consumer Protection Fund Congressional Review Emergency Act of 2007 (D.C. Act 17-138, October 17, 2007, 54 DCR 10729).
For temporary (90 day) amendment of section, see § 3002 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 3002 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2 of the District of Columbia Consumer Protection Fund Temporary Amendment Act of 2007 (D.C. Law 17-34, October 18, 2007, law notification 54 DCR 10704).
Short Title
Short title: Section 3001 of D.C. Law 18-111 provided that subtitle A of title III of the act may be cited as the “Consumer Protection Funds Act of 2009”.
Editor's Notes
Section 9052(b) of D.C. Law 19-21 purported to amended this section which was repealed by section 9003(a) of Law 19-21.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 39 - Consumer Protection Procedures › § 28–3912. Submissions to the Council

§ 28–3912. Submissions to the Council.
The Department shall, in coordination with the Office of the Attorney General, submit 2 plans to the Council:
(1) A detailed plan for fiscal year 2006 on the steps that the Department shall take in providing consumer protection education in the District, including the dissemination of information regarding legal options through the Department and before the Office of the Attorney General and the Courts, to be submitted by September 1, 2005; and
(2) A plan to fully implement this subchapter in fiscal year 2007, including any recommended amendments to this subchapter, to be submitted by February 1, 2006, in anticipation of the fiscal year 2007 budget.
(Oct. 20, 2005, D.C. Law 16-33, § 2032(f), 52 DCR 7503.)
Emergency Legislation
For temporary (90 day) addition, see § 2032(f) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 39 - Consumer Protection Procedures › § 28–3913. Rules

§ 28–3913. Rules.
The Mayor may issue rules necessary to carry out this chapter. Rules proposed pursuant to this section 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 disapproved.
(Oct. 20, 2005, D.C. Law 16-33, § 2032(f), 52 DCR 7503.)
Emergency Legislation
For temporary (90 day) addition, see § 2032(f) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 40 - Hearing Aid Dealers and Consumers › § 28–4002. Powers and duties of the Office of Consumer Protection

§ 28–4002. Powers and duties of the Office of Consumer Protection.
The Office shall:
(1) issue and renew certificates of registration to engage in the business of fitting and selling of hearing aids, as provided in section 28-4003; and
(2) implement and enforce the provisions of this chapter by utilizing the powers, procedures and sanctions of the Office, as provided for in sections 28-3903 and 28-3905 of the “District of Columbia Consumer Protection Procedures Act”, approved July 22, 1976 (D.C. Law 1-76) [D.C. Official Code, §§ 28-3903 and 28-3905] and the regulations of the Office.
(Oct. 26, 1977, D.C. Law 2-33, § 3, 24 DCR 3726; enacted, Sept. 6, 1980, D.C. Law 3-85, § 3(b), (e), 27 DCR 2900.)
Prior Codifications
1981 Ed., § 28-4002.
1973 Ed., T. 28, Appx., § 53.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 40 - Hearing Aid Dealers and Consumers › § 28–4005. Minimal procedures

§ 28–4005. Minimal procedures.
(a) Each hearing aid sale shall be accompanied by a receipt that includes:
(1) the name, address, and signature of the purchaser;
(2) the date of consummation of the sale;
(3) the name and address of the regular place of business, the number of the certificate of registration, and the signature of the registrant;
(4) the make, model, serial number, and purchase price of the hearing aid;
(5) a statement as to whether the hearing aid is “new” or “used”;
(6) the complete terms of the sale, including:
(A) an itemization of the total purchase price, including but not limited to the cost of the hearing aid, the earmold, any batteries or other accessories, and any service costs; and
(B) a clear and precise statement of the terms of the trial period and the terms of any guarantee or warranty, including disclosures made pursuant to section 28-4006(a)(3)(H);
(7) the title and address of the Office, with a statement that complaints which arise with respect to the transaction may be submitted to the Office;
(8) the original of the written recommendation;
(9) the following statements in ten (10)-point type or larger:
(A) “This hearing aid will not restore normal hearing nor will it prevent further hearing loss”;
(B) “No hearing aid may be sold to you without a prior medical examination”; and
(C) “A return visit to a physician who is an ear specialist or audiologist after the purchase of this aid will help you in best adapting to it”; and
(10) if the hearing aid sold has a telephone option, a statement that the telephone option will not work on all telephones and a statement indicating the types of telephones upon which it will work.
(b) Each registrant shall keep records for every customer to whom he or she renders services or sells a hearing aid, including:
(1) a copy of the receipt as specified in subsection (a) of this section;
(2) a record of services provided;
(3) any correspondence to or from the customer; and
(4) any waiver forms, as provided under section 28-4004(d). Such records shall be preserved for seven (7) years after the date of the transaction.
(c) Each registrant shall post conspicuously in large print at his or her place(s) of business and make available for inspection at any sale a retail price list showing all hearing aid models for sale.
(Oct. 26, 1977, D.C. Law 2-33, § 6, 24 DCR 3726; enacted, Sept. 6, 1980, D.C. Law 3-85, § 3(b), (e), 27 DCR 2900; Apr. 9, 1997, D.C. Law 11-255,§ 27(bb), 44 DCR 1271.)
Prior Codifications
1981 Ed., § 28-4005.
1973 Ed., T. 28, Appx., § 56.
Section References
This section is referenced in § 28-4004.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 40 - Hearing Aid Dealers and Consumers › § 28–4007. Severability

§ 28–4007. Severability.
The provisions of this chapter are severable, and if any provision, sentence, clause, section or part is held illegal, invalid, unconstitutional or inapplicable to any person or circumstances, such holding shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this chapter or its application to other persons or circumstances. It is hereby declared to be the legislative intent that this chapter would have been adopted if such illegal, invalid, inapplicable, or unconstitutional provision, sentence, clause, section, or part had not been included herein and if the person or circumstances to which the chapter or any part is inapplicable had been specifically exempted.
(Oct. 26, 1977, D.C. Law 2-33, § 8, 24 DCR 3726; enacted, Sept. 6, 1980, D.C. Law 3-85, § 3(b), (e), 27 DCR 2900.)
Prior Codifications
1981 Ed., § 28-4007.
1973 Ed., T. 28, Appx., § 58.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 40A - Assistive Technology Device Warranty › § 28–4032. Implied warranty; responsibility for repair; return or replacement; certain actions deemed void

§ 28–4032. Implied warranty; responsibility for repair; return or replacement; certain actions deemed void.
(a) Notwithstanding any other provision of law or express warranty furnished by the manufacturer, the manufacturer shall be deemed to have warranted that for a period of one year from date of 1st delivery to the consumer the assistive technology device, when used as intended, will be free from any nonconformity. Any nonconformity shall be repaired, including parts and labor, by the manufacturer or its agent without cost to the consumer.
(b) If, after a reasonable attempt to repair, the nonconformity is not repaired, the assistive device dealer, assistive device lessor, or manufacturer shall, within 30 days after a consumer’s request:
(1) Refund to the consumer all collateral costs; and
(2)(A) Accept return of the nonconforming assistive technology device and replace the nonconforming assistive technology device with one of comparable value, function, and usefulness; or
(B) Refund the full purchase price to the consumer.
(c) A manufacturer or dealer exclusion or limitation of the implied warranties or consumer remedies prescribed by this section shall be void.
(d) A purported waiver of rights to legal action by a consumer within an assistive technology device purchase agreement or assistive technology device lease agreement shall be void.
(Oct. 26, 2010, D.C. Law 18-241, § 3, 57 DCR 7550; Sept. 26, 2012, D.C. Law 19-171, § 83(d), 59 DCR 6190.)
Effect of Amendments
The 2012 amendment by D.C. Law 19-171 made a technical correction to D.C. Law 18-241 which did not affect this section as codified.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 40A - Assistive Technology Device Warranty › § 28–4033. Returned devices; subsequent sale or lease; disclosure

§ 28–4033. Returned devices; subsequent sale or lease; disclosure.
An assistive technology device returned due to nonconformity under the provisions of this chapter shall not be sold or leased unless full disclosure in writing of the reason for the return is made to any prospective consumer.
(Oct. 26, 2010, D.C. Law 18-241, § 4, 57 DCR 7550; Sept. 26, 2012, D.C. Law 19-171, §§ 83(c), 83(e), 59 DCR 6190.)
Effect of Amendments
The 2012 amendment by D.C. Law 19-171 made a technical correction to D.C. Law 18-241 which did not affect this section as codified; and substituted “this chapter” for “this act.”
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 40A - Assistive Technology Device Warranty › § 28–4034. Legal action

§ 28–4034. Legal action.
(a) In addition to any other remedies otherwise available to a consumer, a consumer who suffers loss as a result of any violation of this chapter may bring an action to recover damages. The court shall award a consumer who prevails in an action twice the amount of any pecuniary loss, costs, reasonable attorneys’ fees, and any equitable relief that the court determines is appropriate.
(b) The remedies under this chapter shall be cumulative and not exclusive and shall be in addition to any other legal or equitable remedies otherwise available to the consumer.
(Oct. 26, 2010, D.C. Law 18-241, § 5, 57 DCR 7550; Sept. 26, 2012, D.C. Law 19-171, §§ 83(c), 83(f), 59 DCR 6190.)
Effect of Amendments
The 2012 amendment by D.C. Law 19-171 made a technical correction to D.C. Law 18-241 which did not affect this section as codified; and substituted “this chapter” for “this act” wherever it appears.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 41 - Natural Disaster Consumer Protection › § 28–4101. Definitions

§ 28–4101. Definitions.
For the purposes of this chapter, the term:
(1) “Natural disaster” means the actual or imminent consequence of any disaster, catastrophe, or emergency, including fire, other than a fire caused by human error or arson, flood, earthquake, storm, or other serious act of nature, which threatens the health, safety, or welfare of persons or causes damage to property in the District of Columbia.
(2) “Normal average retail price” means:
(A) In the case of services, not more than 10% more than the price at which similar services were sold or offered in the Washington Metropolitan Area during the 90-day period that preceded an emergency that resulted from a natural disaster, if an emergency is declared pursuant to § 28-4102(b); or
(B) In the case of merchandise, the price equal to the wholesale cost plus a retail mark-up that is the same percentage over wholesale cost as the retail mark-up for similar merchandise sold in the Washington Metropolitan Area during the 90-day period that immediately preceded an emergency that resulted from a natural disaster, if an emergency has been declared pursuant to § 28-4102(b).
(3) “Person” means a corporation, firm, agency, company, association, organization, partnership, society, joint stock company, or an individual.
(Mar. 20, 1992, D.C. Law 9-80, § 2, 39 DCR 675; Feb. 5, 1994, D.C. Law 10-68, § 27(g), 40 DCR 6311; May 16, 1995, D.C. Law 10-255, § 23, 41 DCR 5193.)
Prior Codifications
1981 Ed., § 28-4101.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 306(b) 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) amendment of this section, see § 306(b) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 306(b) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 41 - Natural Disaster Consumer Protection › § 28–4103. Penalties

§ 28–4103. Penalties.
(a)(1) A person who violates § 28-4102(a) shall be subject to a fine of not more than $1,000.
(2) The Mayor may revoke, suspend, or limit the license, permit, or certificate of occupancy of a person who violates § 28-4102(a).
(b) A violation of § 28-4102(a) shall be a civil infraction for the purposes of [Chapter 18 of Title 2]. Civil fines, penalties, and fees may be imposed as sanctions for any infraction, pursuant to Chapter 18 of Title 2. Adjudication of any infraction shall be pursuant to Chapter 18 of Title 2.
(Mar. 20, 1992, D.C. Law 9-80, § 2, 39 DCR 675; Feb. 5, 1994, D.C. Law 10-68, § 27(h), 40 DCR 6311.)
Prior Codifications
1981 Ed., § 28-4103.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 306(e) 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) amendment of this section, see § 306(e) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).
For temporary (90 days) amendment of this section, see § 306(d) 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 this section, see § 306(d) 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) amendment of this section, see § 306(d) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
For temporary (90 days) amendment of this section, see § 304(d) of COVID-19 Response Emergency Amendment Act of 2020 (D.C. Act 23-247, Mar. 17, 2020, 67 DCR 3093).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 306(e) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).
For temporary (225 days) amendment of this section, see § 306(d) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 42 - Radon Contractor Proficiency › § 28–4201. Proficiency requirement

§ 28–4201. Proficiency requirement.
(a) No person or company shall conduct or offer to conduct radon screening, testing, or mitigation in the District for a fee unless the person who performs the service has been:
(1) Listed as proficient by the Environmental Protection Agency to offer radon screening, testing, or mitigation services; or
(2) Has received a certificate of proficiency from an organization approved by the Mayor to offer radon screening, testing, or mitigation services.
(b) The Mayor shall maintain, revise as necessary, and make available to the public a list of persons or companies who have been listed as proficient by the United States Environmental Protection Agency to offer screening, testing, or mitigation for radon.
(Mar. 13, 1993, D.C. Law 9-183, § 2(b), 39 DCR 8206; Dec. 17, 2014, D.C. Law 20-142, § 201(a), 61 DCR 8045.)
Prior Codifications
1981 Ed., § 28-4201.
Effect of Amendments
The 2014 amendment by D.C. Law 20-142 rewrote (a).
Editor's Notes
Applicability of D.C. Law 20-142: Section 502(b) of D.C. Law 20-142 provided that § 201 of the act shall apply as of December 17, 2014.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 42 - Radon Contractor Proficiency › § 28–4202. Rulemaking

§ 28–4202. Rulemaking.
(a) The Mayor may issue rules to implement this chapter, including rules establishing radon screening, testing, or mitigation programs in the District that are in compliance with any recommendations or guidelines published by the United States Environmental Protection Agency. If the Council does not approve or disapprove the proposed rules by resolution within the 45-day 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 [§ 2–501 et seq.].
(b) The Mayor may issue emergency rules, without prior Council approval, which shall be effective for not more than 120 days.
(Mar. 13, 1993, D.C. Law 9-183, § 2(b), 39 DCR 8206; Dec. 17, 2014, D.C. Law 20-142, § 201(b), 61 DCR 8045.)
Prior Codifications
1981 Ed., § 28-4202.
Effect of Amendments
The 2014 amendment by D.C. Law 20-142, in (a), substituted “issue rules to implement this chapter, including rules” for “issue proposed rules” in the first sentence, and deleted the former second sentence which read: “The proposed rules shall be submitted to the Council for a 45-day review period, excluding Saturdays, Sundays, legal holidays, and days of Council recess.”
Editor's Notes
Applicability of D.C. Law 20-142: Section 502(b) of D.C. Law 20-142 provided that § 201 of the act shall apply as of December 17, 2014.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 42 - Radon Contractor Proficiency › § 28–4203. Penalty

§ 28–4203. Penalty.
A civil fine, penalty, or fee may be imposed as a sanction for an infraction of the provisions of this act [chapter], or any rule promulgated pursuant to this act, in accordance with Chapter 18 of Title 2.
(Mar. 13, 1993, D.C. Law 9-183, § 2(b), 39 DCR 8206.)
Prior Codifications
1981 Ed., § 28-4203.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45 - Restraints of Trade › § 28–4501. Definition and purpose

§ 28–4501. Definition and purpose.
(a) As used in this chapter, the term “person” includes an individual, corporation, business trust, partnership, business association, or any other legal entity.
(b) The purpose of this chapter is to promote the unhampered freedom of commerce and industry throughout the District of Columbia by prohibiting restraints of trade and monopolistic practices.
(Mar. 5, 1981, D.C. Law 3-169, § 2, 27 DCR 5368.)
Prior Codifications
1981 Ed., § 28-4501.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45 - Restraints of Trade › § 28–4502. Contract, combination, or conspiracy to restrain trade

§ 28–4502. Contract, combination, or conspiracy to restrain trade.
Every contract, combination in the form of a trust or otherwise, or conspiracy in restraint of trade or commerce all or any part of which is within the District of Columbia is declared to be illegal.
(Mar. 5, 1981, D.C. Law 3-169, § 2, 27 DCR 5368.)
Prior Codifications
1981 Ed., § 28-4502.
Section References
This section is referenced in § 28-4506.
Cross References
Prescription drugs, unfair trade restraints, see § 48-804.02.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 45 - Restraints of Trade › § 28–4503. Monopolization

§ 28–4503. Monopolization.
It shall be unlawful for any person to monopolize, attempt to monopolize, or combine or conspire with any other person or persons to monopolize any part of trade or commerce, all or any part of which is within the District of Columbia.
(Mar. 5, 1981, D.C. Law 3-169, § 2, 27 DCR 5368.)
Prior Codifications
1981 Ed., § 28-4503.
Section References
This section is referenced in § 28-4506.