District of Columbia: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

A consumer may bring an action seeking relief from the use of a trade practice in violation of a law of the District.

§ 28-3905(k)(1)(A)

A consumer may bring an action seeking relief from the use of a trade practice in violation of a law of the District.

Actual damages

Recovery for the loss a person actually suffered.

For a violation of § 28-3904(kk) a consumer may recover or obtain actual damages. Actual damages shall not include dignitary damages, including pain and suffering.

§ 28-3905(k)(2)(A)(ii)

for a violation of § 28-3904(kk) a consumer may recover or obtain actual damages.

Statutory minimum damages

A stated minimum or fixed amount of damages.

Treble damages, or $1,500 per violation, whichever is greater, payable to the consumer.

§ 28-3905(k)(2)(A)(i)

Treble damages, or $1,500 per violation, whichever is greater, payable to the consumer;

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

Treble damages, or $1,500 per violation, whichever is greater; punitive damages.

§ 28-3905(k)(2)(A)(i), (C)

Treble damages, or $1,500 per violation, whichever is greater, payable to the consumer;

Attorney fees

Rules for recovering the cost of legal representation.

Reasonable attorney's fees to the consumer.

§ 28-3905(k)(2)(B)

Reasonable attorney’s fees;

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Not found in the statute text reviewed

Class action limits

Restrictions on bringing claims on behalf of a class.

Not found in the statute text reviewed

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

In construing the terms of this chapter, due consideration and weight shall be given to the interpretation by the Federal Trade Commission and the federal courts of the term 'unfair or deceptive act or practice'.

§ 28-3901(d)(1)

due consideration and weight shall be given to: (1) The interpretation by the Federal Trade Commission ("FTC") and the federal courts

Time limit for a claim

The period in which an action must be brought.

Violation occurred more than three years prior to the filing of the complaint.

§ 28-3905(d)(1)

occurred more than three years prior to the filing of the complaint;

Injunctive relief

Court orders requiring conduct to stop or change.

An injunction against the use of the unlawful trade practice.

§ 28-3905(k)(2)(D)

An injunction against the use of the unlawful trade practice;

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

A civil penalty of not less than $500 and not more than $5,000 for each violation; for subsequent violation, not less than $1,000 and not more than $10,000.

§ 28-3909(b)(1)-(2)

a civil penalty of not less than $500 and not more than $5,000 for each violation;