District of Columbia Council Period 26 Status: Enacted

B 26-0174 — Enhancing Consumer Protection Procedures Amendment Act of 2025

Last action — Act A26-0344 Published in DC Register Vol 73 and Page 009162

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Council
  4. ✓
    To Executive
  5. 5
    Enacted

This bill has been enacted into law. Introduced March 11, 2025. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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Prognosis

Advancing 50% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill updates consumer protection procedures in the District of Columbia.

This legislation modifies existing procedures related to consumer protection, aiming to improve the enforcement of consumer rights. It addresses various aspects of consumer transactions and compliance.

What this means for you
  • Consumers: This means improved protections and clearer procedures for resolving disputes related to consumer transactions.
  • Small Business: This may involve adjustments in how businesses comply with consumer protection regulations.

Bill Text

What changed in the latest version

782 added · 821 removed

Plain-language change summary

The revised bill includes updated terminology for a specific act related to vulnerable adults, changing its name from the "Criminal Abuse and Neglect of Vulnerable Adults Act of 2000" to the "Abuse, Neglect, and Financial Exploitation of Vulnerable Adults and the Elderly Act of 2000." This change emphasizes a broader focus on financial exploitation in addition to abuse and neglect. Additionally, it clarifies various consumer rights and protections, including tougher penalties for unfair trade practices, and affirms that the Federal Trade Commission's guidelines should favor consumers. These changes are significant as they enhance consumer protections and improve the tools available to the Attorney General when investigating these issues.

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ENGROSSED ORIGINAL A BILL 3 26-174 5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 8 _________________________ To amend the Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010 to authorize the use of interrogatories in investigations;
ENROLLED ORIGINAL AN ACT _________________________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA _________________________ To amend Title I of the Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010 to authorize the use of interrogatories in investigations;
to amend the Criminal Abuse and Neglect of Vulnerable Adults Act of 2000 to clarify that injunctive relief may include affirmative action;
to amend the Abuse, Neglect, and Financial Exploitation of VulnerableAdults and the ElderlyAct of 2000 to clarify that injunctive relief may include affirmative action;
to amend Chapter 39 of Title 28 of the District of Columbia Official Code to clarify the application of the Consumer Protection Procedures Act and provide enhanced remedies to secure compliance, to authorize fines, costs, and fees for failure to fully comply with an investigative subpoena, to clarify that that Federal Trade Commission precedents should be interpreted in a manner most favorable to consumers, to grant additional consumer protection enforcement authority to the Department of Licensing and Consumer Protection, to clarify that the Office of Administrative Hearings has jurisdiction over appeals of action taken by the Department of Licensing and Consumer Protection, to clarify that unlawful and abusive trade practices are prohibited, to provide that overcharging consumers for goods and services, failure to post the price of goods, services and merchandise, and the failure to comply with construction industry standards are unfair and deceptive trade practices, to prohibit retaliation for consumer complaints and aiding and abetting prohibited trade practices, to clarify complaint procedures, to expressly authorize asset freezes as injunctive relief, to set mandatory minimum penalties for violations and recovery of costs and fees for enforcement and investigative measures in Attorney General actions, to require confidentiality agreements and protective orders entered into by the Attorney General to permit sharing confidential documents with law enforcement agencies abiding by the agreement or protective order, to authorize the use of interrogatories in investigations, to specify that service may be made by any method reasonably calculated to give actual notice, to allow use of sworn investigative statements for perjury prosecutions, and to allow the Mayor to issue rules concerning the Department of Licensing and Consumer Protection and the Attorney General to issue any other rules necessary to carry out the chapter.
and to amend Chapter 39 of Title 28 of the District of Columbia Official Code to clarify its application and provide enhanced remedies to secure compliance, to authorize fines, costs, and fees for failure to fully comply with an investigative subpoena, to clarify that Federal Trade Commission precedents should be interpreted in a manner most favorable to consumers, to grant additional consumer protection enforcement authority to the Department of Licensing and Consumer Protection, to clarify that the Office of Administrative Hearings has jurisdiction over appeals of action taken by the Department of Licensing and Consumer Protection, to clarify that unlawful and abusive trade practices are prohibited, to provide that overcharging consumers for goods and services, failure to post the price of goods, services and merchandise, and the failure to comply with construction industry standards are unfair and deceptive trade practices, to prohibit retaliation for consumer complaints and aiding and abetting prohibited trade practices, to clarify complaint procedures, to expressly authorize asset freezes as injunctive relief, to set mandatory minimum penalties for violations and recovery of costs and fees for enforcement and investigative measures in Attorney General actions, to require confidentiality agreements and protective orders entered into by the Attorney General to permit sharing confidential documents with law enforcement agencies abiding by the agreement or protective order, to authorize the use of interrogatories in investigations, to specify that service may be made by any method reasonably calculated to give actual notice, to allow use of sworn investigative statements for perjury prosecutions, and to allow the Mayor to issue rules concerning the Department of Licensing and Consumer Protection and the Attorney General to issue any other rules necessary to carry out the chapter.
1 ENGROSSED ORIGINAL BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Enhancing Consumer Protection Procedures Amendment Act of 2026”.
ENROLLED ORIGINAL BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Enhancing Consumer Protection Procedures Amendment Act of 2026”.
TheAttorney General for the District of Columbia Certification and Elected Term AmendmentAct of 2010, effective May 27, 2010 (D.C.
Title I of theAttorney General for the District of Columbia Certification and Elected TermAmendmentAct of 2010, effective May 27, 2010 (D.C.
Official Code § 1- 301.81 et seq.), is amended as follows:
Official Code § 1-301.81 et seq.), is amended as follows:
Official Code § 1–301.88d) is amended to read as follows:
Official Code § 1-301.88d) is amended to read as follows:
Official Code § 28-3901, the Attorney General or the Attorney General’s designee may:
Official Code § 28-3901, the Attorney General, or the Attorney General’s designee, may:
ENGROSSED ORIGINAL “(1) The name of the person from whom testimony is sought or the documents or materials requested;
“(1) The name of the person from whom testimony is sought or the documents or materials requested;
and “(6) The signature of theAttorney General or the Attorney General’s designee approving the subpoena request.
and “(6) The signature of theAttorney General, or the Attorney General’s designee, approving the subpoena request.
“(d) In the case of refusal to comply fully with a subpoena or interrogatories issued under this section, theAttorney General may petition the Superior Court of the District of Columbia for ENGROSSED ORIGINAL an order requiring complete compliance and where appropriate, imposing a fine payable to the District.
“(d) In the case of refusal to comply fully with a subpoena or interrogatories issued under this section, theAttorney General may petition the Superior Court of the District of Columbia for ENROLLED ORIGINAL an order requiring complete compliance and, where appropriate, imposing a fine payable to the District.
“(f) In any action in the Superior Court of the District of Columbia pertaining to a subpoena issued under this section, or pursuant to 28-3910, theAttorney General shall be entitled to recover the costs of the action and reasonable attorneys’fees.”.
“(f) In any action in the Superior Court of the District of Columbia pertaining to a subpoena issued under this section, or pursuant to D.C.
Official Code § 28-3910, theAttorney General shall be entitled to recover the costs of the action and reasonable attorneys’fees.”.
Official Code § 1–301.88e) is amended to read as follows:
Official Code § 1-301.88e) is amended to read as follows:
ENGROSSED ORIGINAL “(a) Notwithstanding section 110(a), and subject to the requirements of this section, for the purposes of seeking relief under sections 207 and 208 of the CriminalAbuse and Neglect of VulnerableAdultsAct of 2000, effective November 23, 2016 (D.C.
“(a) Notwithstanding section 110(a), and subject to the requirements of this section, for the purposes of seeking relief under sections 207 and 208 of the CriminalAbuse and Neglect of VulnerableAdultsAct of 2000, effective November 23, 2016 (D.C.
Official Code §§ 22-937 and 22-938), theAttorney General or theAttorney General’s designee shall have the authority to:
Official Code §§ 22-937 and 22-938), theAttorney General, or theAttorney General’s designee, shall have the authority to:
“(b)(1)Authority established by this section may only be used in furtherance of seeking relief under sections 207 and 208 of the Criminal Abuse and Neglect of VulnerableAdultsAct of 2000, effective November 23, 2016 (D.C.
“(b)(1) The authority granted by this section may only be used in furtherance of seeking relief under sections 207 and 208 of the Criminal Abuse and Neglect of VulnerableAdultsAct of 2000, effective November 23, 2016 (D.C.
ENGROSSED ORIGINAL Official Code § 22-933.01), and shall not be admissible in a criminal proceeding against the person who provided the information.
ENROLLED ORIGINAL Official Code § 22-933.01), and shall not be admissible in a criminal proceeding against the person who provided the information.
“(c) TheAttorney General shall not have authority under this section if an indictment, information, or petition has been filed with the court formally charging the target of the investigation with a violation of section 203a of the CriminalAbuse and Neglect of Vulnerable AdultsAct of 2000, effective November 23, 2016 (D.C.
“(c) TheAttorney General shall not have the authority granted by this section if an indictment, information, or petition has been filed with the court formally charging the target of the investigation with a violation of section 203a of the CriminalAbuse and Neglect of VulnerableAdultsAct of 2000, effective November 23, 2016 (D.C.
Official Code § 22- 933.01).
Official Code § 22-933.01).
“(d) Powers pursuant to this section shall not be delegated other than to the Chief Deputy Attorney General, a DeputyAttorney General, or anAssistant DeputyAttorney General.
“(d) Powers granted pursuant to this section shall not be delegated other than to the Chief DeputyAttorney General, a Deputy Attorney General, or anAssistant DeputyAttorney General.
“(e) Subpoenas or requests for interrogatories issued pursuant to this section shall contain the information required in section 108(b).
“(e) Subpoenas or requests for interrogatories issued pursuant to this section shall contain the information required in section 108d(b).
ENGROSSED ORIGINAL Any failure to obey the order of the court may be treated by the court as contempt.
Any failure to obey the order of the court may be treated by the court as contempt.
The CriminalAbuse and Neglect of VulnerableAdultsAct of 2000, effective June 8, 2001 (D.C.
TheAbuse, Neglect, and Financial Exploitation of VulnerableAdults and the ElderlyAct of 2000, effective June 8, 2001 (D.C.
Official Code § 22–937(a)(1)) is amended to read as follows:
Official Code § 22-937(a)(1)) is amended to read as follows:
“(1)Atemporary or permanent injunction, including requiring the violator to take affirmative action;”.
ENROLLED ORIGINAL “(1)Atemporary or permanent injunction, including requiring the violator to take affirmative action;”.
ENGROSSED ORIGINAL (b) Section 208(a) (D.C.
(b) Section 208(a) (D.C.
Official Code § 22–938(a)) is amended as follows:
Official Code § 22-938(a)) is amended as follows:
(a) Section 28-3901 is amended as follows:
(a) The table of contents is amended by striking the phrase “28-3904.
Unfair or deceptive trade practices.” and inserting the phrase “28-3904.
Unfair, deceptive, or abusive trade practices.” in its place.
(b) Section 28-3901 is amended as follows:
ENGROSSED ORIGINAL “(B) When used as an adjective, describes anything, without exception, that:
or “(B) When used as an adjective, describes anything, without exception, that:
“(i)Aperson does or would purchase, lease (as lessee), or receive and normally use for personal, household, or family purposes, or money or goods a person donates or would donate to a charitable purpose or other non-profit organization;
“(i)Aperson does or would purchase, lease (as lessee), or receive and normally use for personal, household, or family purposes, or is money or goods a person donates or would donate to a charitable purpose or other non-profit organization;
“(3) “Merchant” means a person, whether organized or operating for profit or for a nonprofit purpose, who in the ordinary course of business does or would sell, lease (to), supply, or transfer, either directly or indirectly and with or without cost to the consumer, consumer goods or services, or a person who in the ordinary course of business does or would supply the goods or services that are or would be the subject matter of a trade practice.
“(3) “Merchant” means a person, whether organized or operating for profit or for a nonprofit purpose, who in the ordinary course of business does or would sell, lease, supply, or transfer, either directly or indirectly and with or without cost to the consumer, consumer goods or services, or a person who in the ordinary course of business does or would supply the goods or ENROLLED ORIGINAL services that are or would be the subject matter of a trade practice.
ENGROSSED ORIGINAL “(B) Except as provided in subsection (e) of this section, "merchant" does not include the District of Columbia, its agencies or instrumentalities, or any employee thereof acting within the scope of the employee's official duties;” “(C)Amerchant may also include a person, who, in the ordinary course of business, provides goods or services to or on behalf of a merchant in the course of, related to, or incidental to a consumer transaction;
“(B) Except as provided in subsection (e) of this section, the term “merchant” does not include the District of Columbia, its agencies or instrumentalities, or any employee thereof acting within the scope of the employee’s official duties;
“(D)Amerchant shall include the successors or assigns of a merchant, and such successors or assigns shall be subject to the same claims and defenses the consumer had against any predecessor merchant;
and “(C) The term “merchant”:
and “(E)Amerchant shall include persons involved in the conduct or execution of a charitable solicitation.
“(i) May include a person, who, in the ordinary course of business, provides goods or services to or on behalf of a merchant in the course of, related to, or incidental to a consumer transaction;
“(ii) Shall include the successors or assigns of a merchant, and such successors or assigns shall be subject to the same claims and defenses the consumer had against any predecessor merchant;
and “(iii) Shall include persons involved in the conduct or execution of a charitable solicitation.”.
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ENGROSSED ORIGINAL “(10) “Chief of the Office of Enforcement” means the senior administrative officer of the Department’s Office of Enforcement who is delegated the responsibility of carrying out certain duties specified under § 28-3905;”.
“(10) “Chief of the Office of Enforcement” means the senior administrative officer of the Department’s Office of Enforcement who is delegated the responsibility of carrying out certain duties specified under § 28-3905;”.
(2) Subsection (b) is amended as follows:
ENROLLED ORIGINAL (2) Subsection (b) is amended as follows:
ENGROSSED ORIGINAL “(1) assure that a just mechanism exists to remedy all improper trade practices, by any merchant and at any stage or related or necessary point in the economic process whether before, during the course of, or after the original transaction;”.
“(1) assure that a just mechanism exists to remedy all improper trade practices, by any merchant and at any stage or related or necessary point in the economic process whether before, during the course of, or after the original transaction;”.
“(4) deter the continuing use of such practices.”.
“(4) deter the continuing use of improper trade practices.”.
“(1) The interpretation by the Federal Trade Commission and the federal courts of the term "unfair or deceptive act or practice", as employed in section 5(a) ofAnAct To create a Federal Trade Commission, to define its powers and duties, and for other purposes, approved September 26, 1914 (38 Stat.
“(1) The interpretation by the Federal Trade Commission (“FTC”) and the federal courts of the term ”unfair or deceptive act or practice“, as employed in section 5(a) ofAnAct To create a Federal Trade Commission, to define its powers and duties, and for other purposes, approved September 26, 1914 (38 Stat.
“(2) Interpretative guidance, including the Guides for the Use of Environmental Marketing Claims published by the Federal Trade Commission (the “Green Guides,” 16 C.F.R.
“(2) Interpretative guidance, including the Guides for the Use of Environmental Marketing Claims (“Green Guides”), 16 C.F.R.
Part 260);
Part 260, published by the FTC;
and ENGROSSED ORIGINAL “(3) The interpretation by the Consumer Financial Protection Bureau and the federal courts of the term "abusive act or practice", as employed in section 1031(d) of the Dodd- Frank Wall Street Reform and Consumer ProtectionAct, approved July 21, 2010 (124 Stat.
and “(3) The interpretation by the Consumer Financial Protection Bureau and the federal courts of the term ”abusive act or practice”, as employed in section 1031(d) of the Consumer Financial ProtectionAct of 2010, approved July 21, 2010 (124 Stat.
(b) Section 28-3902 is amended as follows:
(c) Section 28-3902 is amended as follows:
(2) Subsection (e) is repealed.
(2) Subsections (e) and (i) are repealed.
(3) Subsection (i) is repealed.
(d) Section 28-3903 is amended as follows:
(c) Section 28-3903 is amended as follows:
ENGROSSED ORIGINAL “(3A) Summarily suspend a license for failure to comply with the Department’s cease and desist order as determined by the Department in accordance with § 28-3903a;
ENROLLED ORIGINAL “(3A) summarily suspend a license for failure to comply with the Department’s cease and desist order as determined by the Department in accordance with § 28-3903a;
“(3B) Summarily suspend a license if the Department determines that trade practices are in violation of District law and present an imminent danger to the health, safety, or welfare of persons in the District in accordance with § 28-3903a;
“(3B) summarily suspend a license if the Department determines that trade practices are in violation of District law and present an imminent danger to the health, safety, or welfare of persons in the District in accordance with § 28-3903a;
“(3C) Summarily close a business if the Department determines that the trade practices are in violation of District law and present an imminent danger to the health, safety, or welfare of persons in the District in accordance with § 28-3903a;”.
“(3C) summarily close a business if the Department determines that the trade practices are in violation of District law and present an imminent danger to the health, safety, or welfare of persons in the District in accordance with § 28-3903a;”.
ENGROSSED ORIGINAL (E) Paragraph (12) is amended by striking the phrase “and sign consent decrees;” and inserting the phrase “and sign consent decrees and settlement agreements;” in its place.
(E) Paragraph (12) is amended by striking the phrase “and sign consent decrees;” and inserting the phrase “and sign consent decrees and settlement agreements;” in its place.
(d)Anew section 28-3903a is added to read as follows:
(e)Anew section 28-3903a is added to read as follows:
ENGROSSED ORIGINAL “(d) If the Department orders the summary suspension of a license or summary closure pursuant to subsection (b) or (c) of this section, the Department shall post 2 notices in conspicuous places at or near the main street entrance of the outside of the establishment.
ENROLLED ORIGINAL “(d) If the Department orders the summary suspension of a license or summary closure pursuant to subsection (b) or (c) of this section, the Department shall post 2 notices in conspicuous places at or near the main street entrance of the outside of the establishment.
“(i)Aperson aggrieved by a final summary action may file an appeal in accordance with the procedures set forth in § 1-1831.16.”.
“(i)Aperson aggrieved by a final summary action may file an appeal in accordance with the procedures set forth in § 2-1831.16.”.
(e) Section 28-3904 is amended to read as follows:
(f) Section 28-3904 is amended to read as follows:
Unfair,deceptive and abusive trade practices.
Unfair, deceptive, and abusive trade practices.
ENGROSSED ORIGINAL “(a) It shall be a violation of this chapter for any merchant to engage in an unfair, deceptive, or abusive trade practice, whether or not any consumer is in fact misled, deceived, or damaged thereby.
“(a) It shall be a violation of this chapter for any merchant to engage in an unfair, deceptive, or abusive trade practice, whether or not any consumer is in fact misled, deceived, or damaged thereby.
ENGROSSED ORIGINAL “(9) Disparage the goods, services, or business of another by false or misleading representations of material facts;
ENROLLED ORIGINAL “(9) Disparage the goods, services, or business of another by false or misleading representations of material facts;
ENGROSSED ORIGINAL “(16) Harass or threaten a consumer with any act other than legal process, either by telephone, cards, letters, or any form of electronic or social media;
“(16) Harass or threaten a consumer with any act other than legal process, either by telephone, cards, letters, or any form of electronic or social media;
in applying this subsection, consideration shall be given to the following, and other factors:
in applying this paragraph, consideration shall be given to the following, and other factors:
ENGROSSED ORIGINAL “(A) Knowledge by the merchant at the time credit sales are consummated that there was no reasonable probability of payment in full of the obligation by the consumer;
“(A) Knowledge by the merchant at the time credit sales are consummated that there was no reasonable probability of payment in full of the obligation by the consumer;
“(B) Knowledge by the merchant at the time of the sale or lease of the inability of the consumer to receive substantial benefits from the property or services sold or leased;
ENROLLED ORIGINAL “(B) Knowledge by the merchant at the time of the sale or lease of the inability of the consumer to receive substantial benefits from the property or services sold or leased;
ENGROSSED ORIGINAL “(24) Represent that the subject of a transaction has been supplied in accordance with a previous representation when it has not;
“(24) Represent that the subject of a transaction has been supplied in accordance with a previous representation when it has not;
“(26) Offer for sale or distribute any consumer product which is not in conformity with an applicable consumer product safety standard or has been ruled a banned hazardous product under the federal Consumer Product SafetyAct, as amended by the Consumer Product Safety Improvement Act (15 U.S.C.
“(26) Offer for sale or distribute any consumer product which is not in conformity with an applicable consumer product safety standard or has been ruled a banned hazardous product under the Consumer Product SafetyAct (“Act”), approved October 27, 1972 (86 Stat.
§ 2051-83), without holding a certificate issued in accordance with section 14(a) of that Act to the effect that such consumer product conforms to all applicable consumer product safety rules (unless the certificate holder knows that such consumer product does not conform), or without relying in good faith on the representation of the manufacturer or a distributor of such product that the product is not subject to a consumer product safety rule issued under thatAct;
1207;
15 U.S.C.
§ 2051 et seq.), without holding a certificate issued in accordance with section 14(a) of theAct (15 U.S.C.
§ 2063), to the effect that such consumer product conforms to all applicable consumer product safety rules (unless the certificate holder knows that such consumer product does not conform), or without relying in good faith on the representation of the manufacturer or a distributor of such product that the product is not subject to a consumer product safety rule issued under theAct;
ENGROSSED ORIGINAL “(B) Filing a lawsuit in court pursuant to this chapter;
“(B) Filing a lawsuit in court pursuant to this chapter;
or “(D)Assisting or participating in any manner in an investigation, proceeding, or hearing under this chapter;
or ENROLLED ORIGINAL “(D)Assisting or participating in any manner in an investigation, proceeding, or hearing under this chapter;
“(1) Violate any provision of Section § 28-3818;
“(1) Violate any provision of § 28-3818;
ENGROSSED ORIGINAL “(2) Violate any provision of Section § 28-3819 or, if a rental housing locator, to refuse or fail to honor any obligation under a rental housing locator contract;
“(2) Violate any provision of § 28-3819 or, if a rental housing locator, to refuse or fail to honor any obligation under a rental housing locator contract;
“(4) Violate any provision of D.C.
“(4) Violate any provision of §§ 32-404, 32-405, 32-406, or 32-407;
Official Code §§ 32-404, 32-405, 32-406, or 32-407;
“(5) Refuse to provide the repairs, refunds, or replacement motor vehicles or fails to provide the disclosures of defects or damages required by § 50-501 et seq.;
“(5) Refuse to provide the repairs, refunds, or replacement motor vehicles or fails to provide the disclosures of defects or damages required by D.C.
“(6) Violate any provision of §§ 42-2302 or 42-2303;
Official Code§ 50-501 et seq.;
“(6) Violate any provision of D.C.
Official Code §§ 42-2302, 42-2302, or 42- 2303;
“(10) Violate any provision of D.C.
“(10) Violate any provision of § 42-2431 et seq.;
Official Code §§ 42-2431 et seq.;
“(11) Fail to make a disclosure as required by § 26-1113(a-1);
“(11) Fail to make a disclosure as required by D.C.
Official Code § 26-1113(a-1);
“(13) Violate any agreement entered into pursuant to D.C.
“(13) Violate any agreement entered into pursuant to § 28-3909(c)(6);
Official Code § 28- 3909(c)(6);
“(14) Violate any provision of Subchapter II of Chapter 38 of this title;
“(14) Violate any provision of subchapter 2 of Chapter 38 of this title;
“(15) Violate any provision of Chapter 54 of this title;
ENGROSSED ORIGINAL “(15) Violate any provision of Chapter 54 of this title;
“(16) Sell or offer for sale any infant formula product at a price greater than 20% above the average price at which that person sold or offered for sale a substantially similar infant formula product in the District during the 90-day period preceding February 17, 2022, or, if the person did not sell or offer for sale infant formula during the 90-day period preceding February 17, 2022, to sell or offer for sale any infant formula product at a price greater than 20% above the ENROLLED ORIGINAL average price at which substantially similar retailers sold or offered for sale substantially similar infant formula products in the District during the 90-day period preceding February 17, 2022;
“(16) Sell or offer for sale any infant formula product at a price greater than 20% above the average price at which that person sold or offered for sale a substantially similar infant formula product in the District during the 90-day period preceding February 17, 2022, or, if the person did not sell or offer for sale infant formula during the 90-day period preceding February 17, 2022, to sell or offer for sale any infant formula product at a price greater than 20% above the average price at which substantially similar retailers sold or offered for sale substantially similar infant formula products in the District during the 90-day period preceding February 17, 2022;
“(17) Violate any provision of § 28-3814;
“(17) Violate any provision of D.C.
“(18) Violate any provision of Title 12 of the District of Columbia Municipal Regulations;
Official Code § 28-3814;
or “(19) Violate any provision of § 29-102.01.
“(18) Violate any provision of title 12 of the District of Columbia Municipal Regulations;
“(b) It shall be a violation of this chapter for a person, whether or not a merchant, to aid and knowingly or recklessly abet the commission of an unfair, deceptive, abusive, or unlawful trade practice by a merchant, and regardless of whether the manner in which the person aids and abets the unlawful action is itself a trade practice.”.
and “(19) Violate any provision of D.C.
(g) Section 28-3905 is amended to read as follows:
Official Code § 29–102.01.”.
“(c) It shall be a violation of this chapter for a person, whether or not a merchant, to aid and knowingly or recklessly abet the commission of an unfair, deceptive, abusive, or unlawful trade practice by a merchant, and regardless of whether the manner in which the person aids and abets the unlawful action is itself a trade practice.”.
(f) Section 28-3905 is amended to read as follows:
ENGROSSED ORIGINAL “(a)An investigation is begun by filing with the Department a complaint plainly describing a trade practice and stating the complainant’s, and if different, the consumer’s name, mailing address, and electronic mail address, and the respondent’s name, mailing address, and electronic mail address, if known, and such other information the Director may require.
“(a)An investigation shall begin by filing with the Department a complaint plainly describing a trade practice and stating the complainant’s, and if different, the consumer’s name, mailing address, and electronic mail address, and the respondent’s name, mailing address, and electronic mail address, if known, and such other information the Director may require.
The complaint shall be in or reduced by the Director to writing.
The complaint shall be in, or reduced by the Director to, writing.
The filing of a complaint with the Department shall toll the periods for limitation of time for bringing an action as set forth in § 12- 301 until the complaint has been resolved through a final order issued by the Office of Administrative Hearings, consent order, or settlement agreement.
The filing of a complaint with the Department shall toll the periods for limitation of time for bringing an action as set forth in § 12- until the complaint has been resolved through a final order issued by the Office of Administrative Hearings, consent order, or settlement agreement.
If the Director declines to investigate, in a whole or in part, a complaint, they shall notify the complainant, in writing, of the determination.
If the Director declines to investigate, in a whole or in part, a complaint, the Director shall notify the complainant, in writing, of the determination.
“(c) In carrying out an investigation and determination pursuant to subsection (b) of this section, the Director shall consult the respondent and such other available sources of information, and make such other efforts, as appropriate and necessary to carry out such duties.
“(c) In carrying out an investigation and determination pursuant to subsection (b) of this section, the Director shall consult the respondent and such other available sources of information, and make such other efforts, as appropriate and necessary, to carry out such duties.
ENGROSSED ORIGINAL “(d) If at any time the Director finds that the trade practice complained of may, in whole or in party, be a violation of law other than a law of the District of Columbia or a law within the jurisdiction of the Department, the Director may in writing so inform the complainant, respondent, and officials of the District, the United States, or other jurisdiction, who would properly enforce such law.
“(d) If at any time the Director finds that the trade practice complained of may, in whole or in part, be a violation of law other than a law of the District of Columbia or a law within the jurisdiction of the Department, the Director may in writing so inform the complainant, respondent, and officials of the District, the United States, or other jurisdiction, who would properly enforce such law.
“(e) The Director shall determine that there are, or are not, reasonable grounds to believe that a trade practice, in violation of a law of the District of Columbia within the jurisdiction of the Department, has occurred in any part or all of the case.
“(e) The Director shall determine that there are, or are not, reasonable grounds to believe that a trade practice, in violation of a law of the District of Columbia within the jurisdiction of ENROLLED ORIGINAL the Department, has occurred in any part or all of the case.
“(1) any violation of law which may have occurred is of a law not of the District of Columbia or not within the jurisdiction of the Department, or occurred more than 3 years prior to filing of the complaint;
“(1)Any violation of law which may have occurred is of a law not of the District of Columbia or not within the jurisdiction of the Department, or occurred more than 3 years prior to filing of the complaint;
“(2) in case of paragraph (1) of this subsection does not apply, no trade practice occurred in violation of any law of the District;
“(2) In case of paragraph (1) of this subsection does not apply, no trade practice occurred in violation of any law of the District;
“(3) the respondent cannot be identified or located, or would not be subject to the personal jurisdiction of the District of Columbia court;
“(3) The respondent cannot be identified or located, or would not be subject to the personal jurisdiction of the District of Columbia court;
“(4) the complainant, to the Director’s knowledge, no longer seeks redress in the case;
“(4) The complainant, to the Director’s knowledge, no longer seeks redress in the case;
ENGROSSED ORIGINAL “(5) the complainant and respondent, to the Director’s knowledge, have themselves reached an agreement which settles the case;
“(5) The complainant and respondent, to the Director’s knowledge, have themselves reached an agreement which settles the case;
or “(6) the complainant can no longer be located.
or “(6) The complainant can no longer be located.
The Director shall inform all parties in writing of the determination, and, if any part or all of the complaint is rejected and dismissed, shall specify which reason(s) in subsection (e) of this section apply to which part of the complaint, and such other detail as is necessary to explain the rejection and dismissal.
The Director shall inform all parties in writing of the determination, and, if any part or all of the complaint is rejected and dismissed, shall specify which reason in subsection (e) of this section apply to which part of the complaint, and such other detail as is necessary to explain the rejection and dismissal.
ENGROSSED ORIGINAL “(3) For persistent and unreasonable failure by the complainant to attend such settlement conferences or to take part in other settlement proceedings, at the discretion of the Director, they or their designee may dismiss the complaint.
“(3) For persistent and unreasonable failure by the complainant to attend such settlement conferences or to take part in other settlement proceedings, at the discretion of the Director, they or their designee may dismiss the complaint.
“(h)(1) If complainant and the respondent are unable to reach a settlement in accordance with subsection (g) of this section, and the Director has determined that there are reasonable grounds that there is a trade practice that occurred in violation of District law, the Department shall impose a civil fine, penalty or fee in accordance with subsection (i) of this section.
“(h)(1) If complainant and the respondent are unable to reach a settlement in accordance with subsection (g) of this section, and the Director has determined that there are reasonable grounds that there is a trade practice that occurred in violation of District law, the Department shall impose a civil fine, penalty, or fee in accordance with subsection (i) of this section.
“(2)Appeals of civil fine, penalty or fee imposed by the Director pursuant to paragraph (1) of this subsection shall be in accordance with Chapter 18Aof Title 2 of the District of Columbia Official Code.
ENROLLED ORIGINAL “(2)Appeals of a civil fine, penalty, or fee imposed by the Director pursuant to paragraph (1) of this subsection shall be in accordance with Chapter 18Aof Title 2.
“(3) Beginning on January 1, 2027, a fine amount for a violation of this chapter, as set forth in § 3201.1 of Title 16 of the District of Columbia Municipal Regulations (16 DCMR ENGROSSED ORIGINAL § 3201.1), shall be adjusted according to the most recent Consumer Price Index forAll Urban Consumers in the Washington Metropolitan Statistical area, as published by the United States Bureau of Labor Statistics, and shall be posted in the D.C.
“(3) Beginning on January 1, 2027, a fine amount for a violation of this chapter, as set forth in § 3201.1 of Title 16 of the District of Columbia Municipal Regulations (16 DCMR § 3201.1), shall be adjusted according to the most recent Consumer Price Index forAll Urban Consumers in the Washington Metropolitan Statistical area, as published by the United States Bureau of Labor Statistics, and shall be posted in the District of Columbia Register on or after January 1 of every year thereafter.
Register on or after January 1 of every year thereafter.
“(C) Adhere to notification procedures outlined in Chapter 18 of Title 2.
or “(C) Adhere to notification procedures outlined in Chapter 18 of Title 2.“(2) When the case is transmitted to the Office ofAdministrative Hearings, the Office of Enforcement shall sign and serve the respondent with a copy of the Notice of Infraction.
“(2) When the case is transmitted to the Office of Administrative Hearings, the Office of Enforcement shall sign, and serve the respondent, with a copy of the Notice of Infraction.
The case shall proceed under § 2-509.
The case shall proceed under section 10 of the District of Columbia Administrative ProcedureAct (§ 2-509).
Reasonable discovery shall be freely allowed.Any finding or decision may be modified or set aside, in whole or part, before a notice of appeal is filed in the case, or the time to so file has run out.
Reasonable discovery shall be freely allowed.
ENGROSSED ORIGINAL “(k)(1)The Department, the complainant, or the respondent may file a complaint in the Superior Court of the District of Columbia for a remedy, enforcement, or assessment or collection of a civil penalty, when any violation, or failure to adhere to a provision of a consent decree described in subsection (g) of this section has occurred, or a final order from the Office of Administrative Hearings.
Any finding or decision may be modified or set aside, in whole or part, before a notice of appeal is filed in the case, or the time to so file has run out.
The Department shall file a complaint in that Court for assessment of a civil penalty when an order has been issued and become final.Afailure by the Department or any person to file a complaint or prosecute under this subparagraph in regard to any provision or violation of a provision of any consent decree or order, shall not constitute a waiver of such provision or any right under such provision.
“(k)(1)The Department, the complainant, or the respondent may file a complaint in the Superior Court of the District of Columbia (“Court”) for a remedy, enforcement, or assessment or collection of a civil penalty, when any violation or failure to adhere to a provision of a consent decree described in subsection (g) of this section, or a final order from the Office of Administrative Hearings has occurred.
The Court shall levy the appropriate civil penalties, and may order, if supported by evidence, temporary, preliminary, or permanent injunctions, damages, treble damages, reasonable attorney’s fees, consumer redress, or other remedy.
The Department shall file a complaint in the Court for assessment of a civil penalty when an order has been issued and become final.Afailure by the Department or any person to file a complaint or prosecute under this subparagraph in regard to any provision or violation of a provision of any consent decree or order, shall not constitute a waiver of such provision or any right under such provision.
The Court shall levy the appropriate civil penalties, and may order, if supported by evidence, a temporary, preliminary, or permanent injunction, damages, treble damages, reasonable attorney’s fees, consumer redress, or other remedy.
If, after considering an application to set aside an order of the Department, the Court determines that the application was frivolous or that the Department lacked jurisdiction, the Court shall award reasonable attorney’s fees.
If, after considering an application to set aside an order of the Department, the Court determines that the application ENROLLED ORIGINAL was frivolous or that the Department lacked jurisdiction, the Court shall award reasonable attorney’s fees.
ENGROSSED ORIGINAL “(3) TheAttorney General for the District of Columbia shall represent the Department in all proceedings described in this subsection.
“(3) TheAttorney General for the District of Columbia shall represent the Department in all proceedings described in this subsection.
“(B)An individual may, on behalf of that individual, or on behalf of both the individual and the general public, bring an action seeking relief from the use of a trade practice in violation of District law or regulations when that trade practice involves consumer goods or services that the individual purchased or received in order to test or evaluate qualities pertaining to use for person, household, family, or charitable purposes.
“(B)An individual may, on behalf of that individual, or on behalf of both the individual and the general public, bring an action seeking relief from the use of a trade practice in violation of District law or regulations when that trade practice involves consumer goods or services that the individual purchased or received in order to test or evaluate qualities pertaining to use for personal, household, family, or charitable purposes.
ENGROSSED ORIGINAL “(C)Anonprofit organization may, on behalf of itself or any of its members, or on any such behalf and on behalf of the general public, bring an action seeking relief from the use of a trade practice in violation of District law or regulations, including a violation involving consumer goods or services that the organization purchased or received in order to test or evaluate qualities pertaining to use for person, household, family, or charitable purposes.
“(C)Anonprofit organization may, on behalf of itself or any of its members, or on any such behalf and on behalf of the general public, bring an action seeking relief from the use of a trade practice in violation of District law or regulations, including a violation involving consumer goods or services that the organization purchased or received in order to test or evaluate qualities pertaining to use for personal, household, family, or charitable purposes.
“(ii)An action brought under sub-subparagraph (i) of this subparagraph shall be dismissed if the court determines that the public interest organization does not have a sufficient nexus to the interests involved of the consumer or class to adequately represent those interests.
“(ii)An action brought under sub-subparagraph (i) of this subparagraph shall be dismissed if the Court determines that the public interest organization does not have a sufficient nexus to the interests involved of the consumer or class to adequately represent those interests.
“(2)Any claim under this chapter shall be brought in the Superior Court of the District of Columbia and may recover or obtain the following remedies:
ENROLLED ORIGINAL “(2)Any claim under this chapter shall be brought in the Superior Court of the District of Columbia and may recover or obtain the following remedies:
“(A)(i) Treble damages, or $3,000 per violation, whichever is greater, which shall be adjusted for inflation using the greater of either 3% annually or the percentage ENGROSSED ORIGINAL increase in the most recent Consumer Price Index forAll Urban Consumers in the Washington Metropolitan Statistical area, as published by the United States Bureau of Labor Statistics;
“(A)(i) Treble damages, or $3,000 per violation, whichever is greater, which shall be adjusted for inflation using the greater of either 3% annually or the percentage increase in the most recent Consumer Price Index forAll Urban Consumers in the Washington Metropolitan Statistical area, as published by the United States Bureau of Labor Statistics;
“(4)An action brought by a person under this subsection against a nonprofit organization shall be based on a dispute arising from a trade practice and not based solely on membership in such organization, membership services, training or credentialing activities, sale ENGROSSED ORIGINAL of publications of the nonprofit organization, medical or legal malpractice, or other similar activity.
“(4)An action brought by a person under this subsection against a nonprofit organization shall be based on a dispute arising from a trade practice and not based solely on membership in such organization, membership services, training or credentialing activities, sale of publications of the nonprofit organization, medical or legal malpractice, or other similar activity.
“(6)(A) Commencement of an action by theAttorney General under § 28-3909, including the maintenance of an action previously commenced and pending as the effective date of the Enhancing Consumer Protection ProceduresAmendmentAct, as approved by the Committee on Public Works and Operations on DATE, 2026 (Committee print of Bill 26-174), shall serve to stay until the resolution of theAttorney General’s action in any civil action that includes any claim that is:
“(6)(A) Commencement of an action by theAttorney General under § 28-3909, including the maintenance of an action previously commenced and pending as the effective date of the Enhancing Consumer Protection ProceduresAmendmentAct, passed on 2nd reading on June 2, 2026 (Enrolled version of Bill 26-174), shall serve to stay until the resolution of the Attorney General’s action in any civil action that includes any claim that is:
“(B)Aplaintiff that is a public interest organization or is acting on behalf of the general public shall provide notice to the Office of theAttorney General within 10 business days after the filing of an action that includes a claim under this subsection.
ENROLLED ORIGINAL “(B)Aplaintiff that is a public interest organization or is acting on behalf of the general public shall provide notice to the Office of theAttorney General within 10 business days after the filing of an action that includes a claim under this subsection.
“(7) Nothing in this chapter shall be construed to prevent merchants from asserting, and the Superior Court of the District of Columbia from finding, that an action by a ENGROSSED ORIGINAL consumer was groundless and brought in bad faith or brought for the purpose of harassment, and in such cases, the Superior Court of the District of Columbia shall award to the defendant reasonable and necessary attorney’s fees in defending the action plus court costs.
“(7) Nothing in this chapter shall be construed to prevent a merchant from asserting, and the Court from finding, that an action by a consumer was groundless and brought in bad faith or brought for the purpose of harassment and, in such cases, the Court shall award to the defendant reasonable and necessary attorney’s fees in defending the action plus court costs.
“(p) There shall be established a Consumer Protection Education Fund (“Fund”).
“(p) There shall be established a Consumer Protection Education Fund (“Fund”).All fines, fees, and penalties shall be paid into the Fund in order to further the purpose of this chapter as enumerated in § 28-3901.
All fines, fees, and penalties shall be paid into the Fund in order to further the purpose of this chapter as enumerated in § 28-3901.
“(q) Every complaint case that is before the Department in accordance with this section shall proceed with confidence, except for hearings and meetings before the Office of Administrative Hearings, until the Department issues a consent decree or settlement agreement or the Office ofAdministrative Hearings issues a final order.
“(q) Every complaint case that is before the Department in accordance with this section shall proceed with confidence, except for hearings and meetings before the Office of ENGROSSED ORIGINAL Administrative Hearings, until the Department issues a consent decree or settlement agreement or the Office ofAdministrative Hearings issues a final order.
“(r) The Director may file a complaint in accordance with subsection (a) of this section, on behalf of one or more consumers, or as complainant, based on evidence and information gathered by the Department in carrying out this chapter.
(r) The Director may file a complaint in accordance with subsection (a) of this section, on behalf of one or more consumers or as complainant, based on evidence and information gathered by the Department in carrying out this chapter.
(g) Section 28-3906 is amended as follows:
(h) Section 28-3906 is amended as follows:
(h) Section 28-3907 is repealed.
(i) Section 28-3907 is repealed.
(i) Section 28-3909 is amended as follows:
ENROLLED ORIGINAL (j) Section 28-3909 is amended as follows:
“(a) Notwithstanding any provision of law to the contrary, if theAttorney General for the District of Columbia has reason to believe that any person has used, is using, or intends to use ENGROSSED ORIGINAL any method, act, or practice in violation of section 28-3803, 28-3805, 28-3807, 28-3810, 28- 3811, 28-3812, 28-3814, 28-3817, 28-3818, 28-3819, 28-3851, 28-3852, [28-3852.01], [28- 3852.02], or 28-3904, and if it is in the public interest, theAttorney General, in the name of the District of Columbia, may bring an action in the Superior Court of the District of Columbia to obtain a temporary or permanent injunction:
“(a) Notwithstanding any provision of law to the contrary, if theAttorney General for the District of Columbia has reason to believe that any person has used, is using, or intends to use any method, act, or practice in violation of section 28-3803, 28-3805, 28-3807, 28-3810, 28- 3811, 28-3812, 28-3814, 28-3817, 28-3818, 28-3819, 28-3851, 28-3852, 28-3852.01, 28- 3852.02, or 28-3904, and if it is in the public interest, theAttorney General, in the name of the District of Columbia, may bring an action in the Superior Court of the District of Columbia to obtain a temporary or permanent injunction:
ENGROSSED ORIGINAL (B) Paragraph (1) is amended by striking the phrase “civil penalty of” and inserting the phrase “civil penalty of not less than $500 and” in its place.
(B) Paragraph (1) is amended by striking the phrase “civil penalty of” and inserting the phrase “civil penalty of not less than $500 and” in its place.
(C) Paragraph (2) is amended by striking the phrase “civil penalty of” and inserting the phrase “civil penalty of not less than $1000 and” its is place.
(C) Paragraph (2) is amended by striking the phrase “civil penalty of” and inserting the phrase “civil penalty of not less than $1,000 and” in its place.
(5) Subsection (c)(4) is amended by striking the phrase “and in the extension of consumer credit;” and inserting the phrase “, in the extension of consumer credit, and in the solicitation of charitable donations;” in its place.
ENROLLED ORIGINAL (5) Subsection (c)(4) is amended by striking the phrase “and in the extension of consumer credit;” and inserting the phrase “, in the extension of consumer credit, and in the solicitation of charitable donations;” in its place.
ENGROSSED ORIGINAL “(e) In any action brought under this section or in an investigation by theAttorney General under § 28-3910, any confidentiality agreement or protective order agreed to by the Attorney General or otherwise entered into or enforced by a court shall permit theAttorney General to share documents designated as confidential with any law enforcement agency;
“(e) In any action brought under this section or in an investigation by theAttorney General under § 28-3910, any confidentiality agreement or protective order agreed to by the Attorney General or otherwise entered into or enforced by a court shall permit theAttorney General to share documents designated as confidential with any law enforcement agency;
(j) Section 28-3910 is amended to read as follows:
(k) Section 28-3910 is amended to read as follows:
provided, that the Superior Court of the District of Columbia may exercise jurisdiction over the ENGROSSED ORIGINAL recipient to compel a response consistent with the due process clause of the Constitution of the United States.
provided, that the Superior Court of the District of Columbia may exercise jurisdiction over the recipient to compel a response consistent with the due process clause of the Constitution of the United States.
5 Section 401(a) of the Fraudulent Vehicle Tag and Parking Enforcement ModernizationAmendmentAct of 2024, effective May 2, 2025 (D.C.
5.
Section 401(a) of the Fraudulent Vehicle Tag and Parking Enforcement ModernizationAmendmentAct of 2024, effective May 2, 2025 (D.C.
(a) Sections 4(b), (c), (d), (f), and (g) shall apply upon the date of inclusion of their fiscal effect in an approved budget and financial plan.
ENROLLED ORIGINAL (a) Section 4(c), (d), (e), (g), and (h) shall apply upon the date of inclusion of their fiscal effect in an approved budget and financial plan.
ENGROSSED ORIGINAL Sec.
(2) The date of publication of the notice of the certification shall not affect the applicability of the provisions identified in subsection (a) of this section.
Sec.
41
___________________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 21
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Action History

  1. Act A26-0344 Published in DC Register Vol 73 and Page 009162

  2. Transmitted to Congress, Projected Law Date is Dec 08, 2026

  3. Returned from Mayor

  4. Signed by the Mayor and Enacted with Act Number A26-0344

  5. Transmitted to Mayor, Response Due on Jul 01, 2026

  6. Final Reading, CC

  7. First Reading, CC

  8. Committee Mark-up of B26-0174 by the Public Works and Operations Committee

  9. Public Hearing on B26-0174

  10. Revised Notice of Public Hearing filed in the Office of Secretary by Public Works and Operations

  11. Notice of Public Hearing Published in the District of Columbia Register

  12. Notice of Public Hearing Published in the District of Columbia Register

  13. Revised Notice of Public Hearing filed in the Office of Secretary by Public Works and Operations

  14. Notice of Public Hearing filed in the Office of Secretary by Public Works and Operations

  15. Referred to Committee on Public Works and Operations

  16. Notice of Intent to Act on B26-0174 Published in the District of Columbia Register

  17. B26-0174 Introduced by Councilmember Nadeau at Office of the Secretary

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 13 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (13)

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety finance
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Frequently asked questions

Who sponsors B 26-0174?
B 26-0174 is sponsored by Brianne K. Nadeau.
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This bill has been enacted into law. Introduced March 11, 2025. Enacted.
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