reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 49 - Uniform Electronic Transactions › § 28–4903. Prospective application

§ 28–4903. Prospective application.
This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after [October 3, 2001].
(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881.)
Effect of Amendments
D.C. Law 15-105 validated previously made technical corrections.
Emergency Legislation
For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Editor's Notes
Uniform Law: This section is based upon § 4 of the Uniform Electronic Transactions Act (1999 Act).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 49 - Uniform Electronic Transactions › § 28–4904. Use of electronic records and electronic signatures; variation by agreement

§ 28–4904. Use of electronic records and electronic signatures; variation by agreement.
(a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(b) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties’ conduct.
(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(d) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words “unless otherwise agreed”, or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(e) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881.)
Effect of Amendments
D.C. Law 15-105 validated previously made technical corrections.
Emergency Legislation
For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Editor's Notes
Uniform Law: This section is based upon § 5 of the Uniform Electronic Transactions Act (1999 Act).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 49 - Uniform Electronic Transactions › § 28–4905. Construction and application

§ 28–4905. Construction and application.
This chapter must be construed and applied:
(1) To facilitate electronic transactions consistent with other applicable law;
(2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3) To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881.)
Effect of Amendments
D.C. Law 15-105 validated previously made technical corrections.
Emergency Legislation
For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Editor's Notes
Uniform Law: This section is based upon § 6 of the Uniform Electronic Transactions Act (1999 Act).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 49 - Uniform Electronic Transactions › § 28–4906. Legal recognition of electronic records, electronic signatures, and electronic contracts

§ 28–4906. Legal recognition of electronic records, electronic signatures, and electronic contracts.
(a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881.)
Effect of Amendments
D.C. Law 15-105 validated previously made technical corrections.
Emergency Legislation
For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Editor's Notes
Uniform Law: This section is based upon § 7 of the Uniform Electronic Transactions Act (1999 Act).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 49 - Uniform Electronic Transactions › § 28–4907. Provision of information in writing; presentation of records

§ 28–4907. Provision of information in writing; presentation of records.
(a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(b) If a law other than this chapter requires a record (1) to be posted or displayed in a certain manner, (2) to be sent, communicated, or transmitted by a specified method, or (3) to contain information that is formatted in a certain manner, the following rules apply:
(A) The record must be posted or displayed in the manner specified in the other law.
(B) Except as otherwise provided in subsection (d)(2) of this section, the record must be sent, communicated, or transmitted by the method specified in the other law.
(C) The record must contain the information formatted in the manner specified in the other law.
(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d) The requirements of this section may not be varied by agreement, but:
(1) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (a) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(2) A requirement under a law other than this chapter to send, communicate, or transmit a record by first-class mail, postage prepaid, may be varied by agreement to the extent permitted by the other law.
(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881.)
Effect of Amendments
D.C. Law 15-105 validated previously made technical corrections.
Emergency Legislation
For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Editor's Notes
Uniform Law: This section is based upon § 8 of the Uniform Electronic Transactions Act (1999 Act).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 49 - Uniform Electronic Transactions › § 28–4908. Attribution and effect of electronic record and electronic signature

§ 28–4908. Attribution and effect of electronic record and electronic signature.
(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) of this section is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties’ agreement, if any, and otherwise as provided by law.
(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881.)
Effect of Amendments
D.C. Law 15-105 validated previously made technical corrections.
Emergency Legislation
For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Editor's Notes
Uniform Law: This section is based upon § 9 of the Uniform Electronic Transactions Act (1999 Act).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 49 - Uniform Electronic Transactions › § 28–4909. Effect of change or error

§ 28–4909. Effect of change or error.
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(A) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(B) Takes reasonable steps, including steps that conform to the other person’s reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(C) Has not used or received any benefit or value from the consideration, if any, received from the other person.
(3) If neither paragraph (1) of this subsection nor paragraph (2) of this subsection applies, the change or error has the effect provided by other law, including the law of mistake, and the parties’ contract, if any.
(4) Paragraphs (2) and (3) of this subsection may not be varied by agreement.
(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881.)
Effect of Amendments
D.C. Law 15-105 validated previously made technical corrections.
Emergency Legislation
For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Editor's Notes
Uniform Law: This section is based upon § 10 of the Uniform Electronic Transactions Act (1999 Act).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 49 - Uniform Electronic Transactions › § 28–4910. Notarization and acknowledgment

§ 28–4910. Notarization and acknowledgment.
If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881.)
Effect of Amendments
D.C. Law 15-105 validated previously made technical corrections.
Emergency Legislation
For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Editor's Notes
Uniform Law: This section is based upon § 11 of the Uniform Electronic Transactions Act (1999 Act).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 49 - Uniform Electronic Transactions › § 28–4911. Retention of electronic records; originals

§ 28–4911. Retention of electronic records; originals.
(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
(1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(2) Remains accessible for later reference.
(b) A requirement to retain a record in accordance with subsection (a) of this section does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(c) A person may satisfy subsection (a) of this section by using the services of another person if the requirements of that subsection are satisfied.
(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (a) of this section.
(e) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a) of this section.
(f) A record retained as an electronic record in accordance with subsection (a) of this section satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after [October 3, 2001] specifically prohibits the use of an electronic record for the specified purpose.
(g) This section does not preclude a governmental agency of the District of Columbia from specifying additional requirements for the retention of a record subject to the agency’s jurisdiction.
(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881.)
Section References
This section is referenced in § 28-4917.
Effect of Amendments
D.C. Law 15-105 validated previously made technical corrections.
Emergency Legislation
For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Editor's Notes
Uniform Law: This section is based upon § 12 of the Uniform Electronic Transactions Act (1999 Act).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 49 - Uniform Electronic Transactions › § 28–4912. Admissibility in evidence

§ 28–4912. Admissibility in evidence.
In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881.)
Effect of Amendments
D.C. Law 15-105 validated previously made technical corrections.
Emergency Legislation
For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Editor's Notes
Uniform Law: This section is based upon § 13 of the Uniform Electronic Transactions Act (1999 Act).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 49 - Uniform Electronic Transactions › § 28–4913. Automated transaction

§ 28–4913. Automated transaction.
In an automated transaction, the following rules apply:
(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents’ actions or the resulting terms and agreements.
(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual’s own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(3) The terms of the contract are determined by the substantive law applicable to it.
(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881.)
Effect of Amendments
D.C. Law 15-105 validated previously made technical corrections.
Emergency Legislation
For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Editor's Notes
Uniform Law: This section is based upon § 14 of the Uniform Electronic Transactions Act (1999 Act).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 49 - Uniform Electronic Transactions › § 28–4916. Creation and retention of electronic records and conversion of written records by governmental agencies

§ 28–4916. Creation and retention of electronic records and conversion of written records by governmental agencies.
The Mayor shall determine whether, and the extent to which, a governmental agency will create electronic records and convert written records to electronic records. The retention of electronic records shall conform to the requirements and practices established under Chapter 17 of Title 2 of the District of Columbia Official Code.
(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881; June 13, 2008, D.C. Law 17-175, § 3, 55 DCR 5387.)
Effect of Amendments
D.C. Law 15-105 validated previously made technical corrections.
D.C. Law 17-175 rewrote the section which had read as follows: “The Mayor shall determine whether, and the extent to which, a governmental agency will create and retain electronic records and convert written records to electronic records.”
Emergency Legislation
For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Editor's Notes
Uniform Law: This section is based upon § 17 of the Uniform Electronic Transactions Act (1999 Act).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 49 - Uniform Electronic Transactions › § 28–4917. Acceptance and distribution of electronic records by governmental agencies

§ 28–4917. Acceptance and distribution of electronic records by governmental agencies.
(a) Except as otherwise provided in § 28-4911(f), the Mayor shall determine whether, and the extent to which, a governmental agency will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(b) To the extent that a governmental agency uses electronic records and electronic signatures under subsection (a) of this section, the Mayor, giving due consideration to security, may specify:
(1) The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;
(2) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;
(3) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and
(4) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
(c) Except as otherwise provided in § 28-4911(f), this chapter does not require a governmental agency of the District of Columbia to use or permit the use of electronic records or electronic signatures.
(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881.)
Section References
This section is referenced in § 28-4918 and § 51-111.
Effect of Amendments
D.C. Law 15-105 validated previously made technical corrections.
Emergency Legislation
For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Delegation of Authority
Delegation of Digital Signature Authority to Chief Technology Officer, see Mayor’s Order 2005-45, March 3, 2005 ( 52 DCR 2870).
Delegation of Authority for Acceptance and Distribution of Electronic Records by District Government Agencies, see Mayor’s Order 2009-118, June 25, 2009 ( 56 DCR 6867).
Uniform Law: This section is based upon § 18 of the Uniform Electronic Transactions Act (1999 Act).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 49 - Uniform Electronic Transactions › § 28–4918. Interoperability

§ 28–4918. Interoperability.
The Mayor, in adopting standards pursuant to § 28-4917, may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of the District of Columbia. If appropriate, those standards may specify differing levels of standards from which governmental agencies of the District of Columbia may choose in implementing the most appropriate standard for a particular application.
(Oct. 3, 2001, D.C. Law 14-28, § 3502(b), 48 DCR 6981; Mar. 13, 2004, D.C. Law 15-105, § 64, 51 DCR 881.)
Effect of Amendments
D.C. Law 15-105 validated previously made technical corrections.
Emergency Legislation
For temporary (90 day) addition of section, see § 3202(b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
Editor's Notes
Uniform Law: This section is based upon § 19 of the Uniform Electronic Transactions Act (1999 Act).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 50 - Electronic Mail Spam Deterrence › § 28–5001. Definitions

§ 28–5001. Definitions.
For the purposes of this chapter, the term:
(1) “Assist in the transmission” means actions taken by a person to procure, enable, finance, or otherwise actively support the transmission of a commercial electronic mail message by another person, if the person or entity providing the assistance knows or should have known that the initiator of the commercial electronic mail message is engaged, or intends to engage, in any practice that violates this chapter. The term “assist in the transmission” shall not include activities of any person or entity related to the design, manufacture, or distribution of any technology, product, or component that has a commercially significant use other than to violate or circumvent this chapter.
(2) “Commercial electronic mail message” means an electronic mail message sent for the purpose of encouraging the purchase, rental of, or investment in, property, goods, intangibles, or services.
(3) “Electronic mail” means an electronic message or computer file containing an image of a message that is transmitted between 2 or more computers, electronic terminals, or cellular telephones, and includes electronic messages that are transmitted within or between computer networks.
(4) “Electronic mail service provider” means any entity that is an intermediary in sending or receiving electronic mail or that provides to end-users of electronic mail services the ability to send or receive electronic mail.
(5) “Header information” means the source, destination, and routing information attached to an electronic mail message, including the originating domain name and originating electronic mail address, and any other information that appears in the line identifying, or purporting to identify, a person initiating the message.
(Sept. 11, 2008, D.C. Law 17-230, § 2, 55 DCR 8311; Mar. 25, 2009, D.C. Law 17-353, §§ 245(b), (e), 56 DCR 1117.)
Effect of Amendments
D.C. Law 17-353 validated previously made technical corrections in the section designation, the introductory language, and par. (1).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 50 - Electronic Mail Spam Deterrence › § 28–5002. Prohibitions

§ 28–5002. Prohibitions.
(a) A person or entity shall not:
(1) Transmit, or assist in the transmission of, a commercial electronic mail message that:
(A) Falsely identifies electronic mail transmission information, including header information, or other routing information; or
(B) Contains false or misleading information in the subject line; or
(2) Transmit, or assist in the transmission of, a commercial electronic mail message using a third party’s Internet address, domain name, or identity without the third party’s consent for the purpose of transmitting electronic mail in a manner that makes it appear that the third party was the sender of the message or that results in responses to the message being directed to the third party.
(b) The prohibitions contained in this section shall apply to any person or entity who transmits, or who assists in the transmission of, a commercial electronic mail message:
(1) From a computer located in the District of Columbia;
(2) To an electronic mail address held by a resident of the District of Columbia;
(3) To an electronic mail service provider with equipment or its principal place of business in the District of Columbia; or
(4) To a domain name registered to a resident of the District of Columbia.
(Sept. 11, 2008, D.C. Law 17-230, § 3, 55 DCR 8311; Mar. 25, 2009, D.C. Law 17-353, § 245(c), 56 DCR 1117.)
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the section designation.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 50 - Electronic Mail Spam Deterrence › § 28–5003. Civil relief; damages

§ 28–5003. Civil relief; damages.
(a)(1) Any person or entity who receives an electronic mail message that violates a provision of this chapter, whose equipment is used in the transmission or receipt of such a message, or whose property or person is otherwise injured by reason of a violation of a provision of this chapter may seek recovery for any damages sustained and the costs of suit. For the purposes of this section, damages shall include the loss of profits.
(2) In addition to the relief provided in subsection (a) of this section, a person, other than an electronic mail service provider, shall also recover attorneys’ fees and costs, and may recover, in addition to actual damages, liquidated damages of $500 for each commercial electronic mail message transmitted in violation of this chapter or $50,000 per day, whichever is less.
(3) In addition to the relief provided in subsection (a) of this section, an electronic mail service provider may also recover attorneys’ fees and costs, and may elect, in addition to actual damages, to recover liquidated damages of $100 for each commercial electronic mail message transmitted in violation of this chapter or $500,000 per day, whichever is less.
(b) At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program, and computer software involved to prevent possible recurrence of the same or similar act by another person and to protect any trade secrets of any party.
(c) Nothing in this chapter shall be construed to:
(1) Require a provider of Internet access service to block, transmit, route, relay, handle, or store certain types of electronic mail messages;
(2) Prevent or limit, in any way, a provider of Internet access service from adopting a policy regarding commercial or other electronic mail, including a policy of declining to transmit certain types of electronic mail messages, or from enforcing such policy through technical means, through contract, or pursuant to any remedy available under any other provision of federal or District law; or
(3) Render lawful any such policy that is unlawful under any other provision of law.
(d) The Attorney General of the District of Columbia may enforce the provisions of this chapter pursuant to authority granted in § 28-3909.
(Sept. 11, 2008, D.C. Law 17-230, § 4, 55 DCR 8311; Mar. 25, 2009, D.C. Law 17-353, § 245(d), (e), (f), 56 DCR 1117.)
Effect of Amendments
D.C. Law 17-353 validated previously made technical corrections in the section designation, subsecs. (a), (c), and (d).
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 51 - Works of Fine Art › § 28–5101. Definitions

§ 28–5101. Definitions.
For the purposes of this chapter, the term:
(1) “Art dealer” means a person engaged in the business of selling works of fine art other than a person exclusively engaged in the business of selling goods at public auction.
(2) “Artist” means the creator of a work of fine art.
(3) “On consignment” means delivered to an art dealer for the purpose of sale or exhibition to the public by the art dealer other than at a public auction.
(4) “Work of fine art” means an original art work which is:
(A) A visual rendition, including a painting, drawing, sculpture, mosaic, or photograph;
(B) A work of calligraphy;
(C) A work of graphic art, including an etching, lithograph, offset print, or silk screen;
(D) A craft work in materials, including clay, textile, fiber, wood, metal, plastic, or glass; or
(E) A work in mixed media, including a collage or a work consisting of any combination of subparagraphs (A) through (D) of this paragraph.
(Mar. 12, 2011, D.C. Law 18-310, § 2, 57 DCR 12392.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 51 - Works of Fine Art › § 28–5102. Art dealer and artist; relationship

§ 28–5102. Art dealer and artist; relationship.
If an art dealer accepts a work of fine art, on a fee, commission, or other compensation basis, on consignment from the artist who created the work of fine art:
(1) The art dealer shall be, with respect to that work of fine art, the agent of the artist;
(2) A trust shall be created;
(3) The work of fine art shall be trust property and the art dealer shall be a trustee for the benefit of the artist until the work of fine art shall be sold to a bona fide third party; and
(4) The proceeds of the sale of the work of fine art shall be trust property and the art dealer shall be a trustee for the benefit of the artist until the amount due to the artist from the sale is paid.
(Mar. 12, 2011, D.C. Law 18-310, § 3, 57 DCR 12392.)
Section References
This section is referenced in § 28-5103 and § 28-5104.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 51 - Works of Fine Art › § 28–5103. Trust property

§ 28–5103. Trust property.
(a) If a work of fine art is trust property under § 28-5102 when initially received by the art dealer, it shall remain trust property, notwithstanding the subsequent purchase of the work of fine art by the art dealer, directly or indirectly, for the art dealer’s own account until the purchase price is paid in full to the artist.
(b) If the art dealer sells a work of fine art which is trust property under § 28-5102 when initially received by a bona fide third party before the artist has been paid in full, the work of fine art shall cease to be trust property and the proceeds of the sale shall be held in trust by the art dealer for the benefit of the artist to the extent necessary to pay any balance due to the artist. The trust of the proceeds of the sale shall continue until the artist is paid in full.
(Mar. 12, 2011, D.C. Law 18-310, § 4, 57 DCR 12392.)
Section References
This section is referenced in § 28-5104.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 51 - Works of Fine Art › § 28–5104. Trust property; art dealer’s creditors

§ 28–5104. Trust property; art dealer’s creditors.
Property which is trust property under §§ 28-5102 and 28-5103 shall not be subject to the claims, liens, or security interests of the creditors of the art dealer. The provisions of this section shall be given effect over any contrary provision of the Uniform Commercial Code.
(Mar. 12, 2011, D.C. Law 18-310, § 5, 57 DCR 12392.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 51 - Works of Fine Art › § 28–5105. Art dealer required to obtain written contract

§ 28–5105. Art dealer required to obtain written contract.
(a) An art dealer may accept a work of fine art on a fee, commission, or other compensation basis, on consignment from the artist who created the work of fine art only if, prior to or at the time of acceptance, the art dealer enters into a written contract with the artist establishing:
(1) The value of the work of fine art;
(2) The time within which the proceeds of the sale are to be paid to the artist if the work of fine art is sold; and
(3) The minimum price for the sale of the work of fine art.
(b) If an art dealer violates this section, the Superior Court of the District of Columbia may, at the request of the artist, void the obligation of the artist to the art dealer or to a person to whom the obligation is transferred, other than a holder in due course.
(Mar. 12, 2011, D.C. Law 18-310, § 6, 57 DCR 12392.)
Section References
This section is referenced in § 28-5108.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 51 - Works of Fine Art › § 28–5106. Art dealer; duties

§ 28–5106. Art dealer; duties.
(a) An art dealer who accepts a work of fine art, on a fee, commission, or other compensation basis, on consignment from the artist who created the work of fine art may use or display the work of fine art or a photograph of the work of fine art or permit the use or display of the work of fine art or a photograph of the work of fine art only if:
(1) Notice is given to users or viewers that the work of fine art is the work of the artist; and
(2) The artist gives prior written consent to the particular use or display.
(b) An art dealer who accepts a work of fine art, on a fee, commission, or other compensation basis, on consignment from the artist who created the work of fine art shall compensate the artist for loss or damage to the consigned work of fine art.
(Mar. 12, 2011, D.C. Law 18-310, § 7, 57 DCR 12392.)
Section References
This section is referenced in § 28-5108.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 51 - Works of Fine Art › § 28–5107. Waiver void

§ 28–5107. Waiver void.
Any portion of an agreement which waives any provision of this chapter shall be void.
(Mar. 12, 2011, D.C. Law 18-310, § 8, 57 DCR 12392.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 51 - Works of Fine Art › § 28–5108. Penalty

§ 28–5108. Penalty.
An art dealer who violates § 28-5105 or § 28-5106 shall be liable to the artist in an amount equal to the actual damages, if any, including the incidental and consequential damages, sustained by the artist by reason of the violation, plus reasonable attorneys’ fees.
(Mar. 12, 2011, D.C. Law 18-310, § 9, 57 DCR 12392.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 52 - Unit Pricing Requirements › § 28–5201. Short title

§ 28–5201. Short title.
This chapter may be cited as the “Unit Pricing Requirement Act of 2012”.
(Apr. 23, 2013, D.C. Law 19-282, § 2(c), 60 DCR 2132.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 52 - Unit Pricing Requirements › § 28–5202. Definitions

§ 28–5202. Definitions.
For the purposes of this chapter, the term:
(1) “Combination packages” shall mean a package intended for retail sale, containing 2 or more individual packages or units of dissimilar commodities.
(2) “Commodity” shall mean any food, drug, cosmetic, or other article, product, or commodity of any kind or class that is:
(A) Customarily produced for sale at retail for consumption by individuals for purposes of personal care or in the performance of services ordinarily performed in or around the household; and
(B) Usually consumed or expended in the course of that use or performance other than by wear or deterioration from use.
(3) “Person” shall mean both plural and the singular and includes individuals, partnerships, corporations, companies, societies, and associations.
(4) “Unit price” or “unit pricing” shall mean the retail price of an item expressed in dollars and cents per unit.
(5) “Variety packages” shall mean a package intended for retail sale, containing 2 or more individual packages or units of similar, but not identical, commodities. Commodities that are generically the same, but that differ in weight, measure, volume, appearance, or quality, are considered similar but not identical.
(Apr. 23, 2013, D.C. Law 19-282, § 2(c), 60 DCR 2132.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 52 - Unit Pricing Requirements › § 28–5203. Application

§ 28–5203. Application.
Except for random and uniform weight packages that clearly state the unit, each person who sells, offers, or displays for sale a consumer commodity at retail shall provide the unit price information in the manner prescribed in this chapter.
(Apr. 23, 2013, D.C. Law 19-282, § 2(c), 60 DCR 2132.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 52 - Unit Pricing Requirements › § 28–5204. Terms for unit pricing

§ 28–5204. Terms for unit pricing.
The declaration of the unit price of a particular commodity in all package sizes offered for sale in a retail establishment shall be uniformly and consistently expressed in terms of:
(1) Price per kilogram or 100 grams, or price per pound or ounce, if the net quantity of contents of the commodity is in terms of weight;
(2) Price per liter or 100 milliliters, or price per dry quart or dry pint, if the net quantity of contents of the commodity is in terms of dry measure or volume;
(3) Price per liter or 100 milliliters, or price per gallon, quart, pint, or fluid ounce, if the net quantity of contents of the commodity is in terms of liquid volume;
(4) Price per individual unit or multiple units if the net quantity of contents of the commodity is in terms of count; or
(5) Price per square meter, square decimeter, or square centimeter, or price per square yard, square foot, or square inch, if the net quantity of contents of the commodity is in terms of area.
(Apr. 23, 2013, D.C. Law 19-282, § 2(c), 60 DCR 2132.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 52 - Unit Pricing Requirements › § 28–5205. Exemptions

§ 28–5205. Exemptions.
This chapter does not apply to:
(1) Prepackaged food that contains separately identifiable items that are separated by physical division within the package;
(2) Any item sold only by prescription;
(3) Any item subject to the packaging or labeling requirements of the federal Bureau of Alcohol, Tobacco and Firearms or to any pricing requirements under federal law;
(4) Any item actually being sold through a vending machine;
(5) Any item delivered directly to a retail sales agency without passing through warehousing or other inventory facility used by the agency;
(6) Commodities packaged in quantities of less than 28 grams (one ounce) or 29 milliliters (one fluid ounce) or when the total retail price is 50 cents or less;
(7) When only one brand of a particular commodity in only one size is offered for sale in a particular retail establishment;
(8) Variety packages;
(9) Combination packages; or
(10) A person with less than $30 million in gross volume of sales of consumer commodities and to whom at least one of the following applies:
(A) During the preceding calendar year, sold a gross volume of consumer commodities of less than $750,000;
(B) Is not part of a company which consists of 10 or more sales agencies in or out of the District of Columbia;
(C) Derives less than 15% of its total revenues from consumer commodities subject to this chapter; or
(D) Is owned and operated by not more than one individual and the members of the person’s immediate family.
(Apr. 23, 2013, D.C. Law 19-282, § 2(c), 60 DCR 2132.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 52 - Unit Pricing Requirements › § 28–5206. Pricing

§ 28–5206. Pricing.
(a) The unit price shall be to the nearest cent when a dollar or more. If the unit price is under a dollar, it shall be listed:
(1) To the tenth of a cent; or
(2) To the whole cent.
(b) The retail establishment shall have the option of listing the unit price as outlined in subsection (a)(1) or (2) of this section, but shall not use both methods of listing the unit price.
(c) The retail establishment shall accurately and consistently use the same method of rounding up or down to compute the price to the whole cent.
(Apr. 23, 2013, D.C. Law 19-282, § 2(c), 60 DCR 2132.)
Section References
This section is referenced in § 28-5207.
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 52 - Unit Pricing Requirements › § 28–5207. Presentation of price

§ 28–5207. Presentation of price.
(a) In any retail establishment in which the unit price information is provided in accordance with the provisions of this chapter, that information may be displayed by means of a sign that offers the unit price for one or more brands or sizes of a given commodity by means of a sticker, stamp, sign, label, or tag affixed to the shelf upon which the commodity is displayed, or by means of a sticker, stamp, sign, label, or tag affixed to the consumer commodity.
(b) Where a sign providing unit price information for one or more sizes or brands of a given commodity is used, that sign shall be displayed clearly and in a non-deceptive manner in a central location as close as practical to all items to which the sign refers.
(c) If a single sign or tag includes the unit price information for more than one brand or size of a given commodity, the following information shall be provided:
(1) The identity and the brand name of the commodity.
(2) The quantity of the packaged commodity; provided, that more than one package size per brand is displayed.
(3) The total retail sales price.
(4) The price per appropriate unit, in accordance with § 28-5206.
(Apr. 23, 2013, D.C. Law 19-282, § 2(c), 60 DCR 2132.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 52 - Unit Pricing Requirements › § 28–5208. Uniformity

§ 28–5208. Uniformity.
(a) If different brands or package sizes of the same consumer commodity are expressed in more than one unit of measure, the retail establishment shall unit price the items consistently.
(b) When metric units appear on the consumer commodity in addition to other units of measure, the retail establishment may include both units of measure on any stamps, tags, labels, signs, or lists.
(Apr. 23, 2013, D.C. Law 19-282, § 2(c), 60 DCR 2132.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 52 - Unit Pricing Requirements › § 28–5209. Civil penalties

§ 28–5209. Civil penalties.
Any person who violates any provision of this chapter, or any regulation promulgated pursuant to this chapter, may be assessed a civil penalty not to exceed $500 for each violation.
(Apr. 23, 2013, D.C. Law 19-282, § 2(c), 60 DCR 2132.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 52 - Unit Pricing Requirements › § 28–5210. Rules

§ 28–5210. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this chapter.
(Apr. 23, 2013, D.C. Law 19-282, § 2(c), 60 DCR 2132.)
2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 53 - Immigration Services Protection › § 28–5301. Definitions

§ 28–5301. Definitions.
For the purposes of this chapter, the term:
(1) "Client" means any noncitizen of the United States or any person seeking to sponsor a noncitizen for whom an immigration service provider performs or offers to perform an immigration service.
(2) "Immigration matter" means any legal proceeding, filing, or action that pertains to the immigration or citizenship status of a client or consumer and arises under any federal immigration law, presidential order, federal executive agency action, or proclamation by a foreign country.
(3) "Immigration service" means any service relating to an immigration matter.
(4) "Immigration service provider" means a person who provides an immigration service to a client for a fee. The term "immigration service provider" does not include:
(A) An attorney licensed to practice law in the United States;
(B) A legal clinic affiliated with an accredited law school in the District of Columbia;
(C) An individual authorized to represent individuals in immigration matters under 8 C.F.R. § 292.1; or
(D) A nonprofit organization that has been recognized under 8 C.F.R. § 292.2.
(5) "Legal representation" means the legal representation of a client, which includes providing forms to a client, completing or filing forms on behalf of a client, advising a client to file forms, or applying for a benefit on behalf of a client.
(Apr. 22, 2017, D.C. Law 21-280, § 6(c), 64 DCR 168.)