§ 28-3909 — Restraining prohibited acts.

District of Columbia § 28-3909

• Jurisdiction: District of Columbia
• Title 28: Commercial Instruments and Transactions. [Enacted title]
• Ch. 39: Consumer Protection Procedures.

Text

(a) Notwithstanding any provision of law to the contrary, if the Attorney General for the District of Columbia has reason to believe that any person 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, the Attorney 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 prohibiting the use of the method, act, or practice and requiring the violator to take affirmative action, including the restitution of money or property. In any action under this section, the Attorney General shall not be required to prove damages and the injunction shall be issued without bond.

(b) In addition, in an action under this section, the Attorney General for the District of Columbia may recover:

(1) From a merchant who engaged in a first 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 , a civil penalty of not more than $5,000 for each violation;

(2) From a merchant who engaged in a first 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 who subsequently repeats the same violation, a civil penalty of not more than $10,000 for each subsequent violation;

(3) Economic damages; and

(4) The costs of the action and reasonable attorneys' fees.

(c) The Attorney General for the District of Columbia may also:

(1) represent the interests of consumers before administrative and regulatory agencies and legislative bodies;

(2) assist, advise, and cooperate with private, local, and federal agencies and officials to protect and promote the interests of consumers;

(3) assist, develop, and conduct programs of consumer education and information through public hearings, meetings, publications, or other materials prepared for distribution to consumers;

(4) undertake activities to encourage local business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion, and sale of consumer goods and services and in the extension of consumer credit;

(5) perform other functions and duties which are consistent with the purposes or provisions of this chapter, and with the Attorney General's role as parens patriae , which may be necessary or appropriate to protect and promote the welfare of consumers;

(6) negotiate and enter into agreements for compliance by merchants with the provisions of this chapter; or

(7) publicize its own actions taken in the interests of consumers.

(d) The Attorney General for the District of Columbia may apply the provisions and exercise the duties of this section to landlord-tenant relations.

Legislative History

Mar. 8, 1991, D.C. Law 8-234, § 2(h), 38 DCR 296; Oct. 19, 2000, D.C. Law 13-172, § 1402(e), 47 DCR 6308