District of ColumbiaB26-0174Council Period 26 (2025-2026)HouseWALLET

Enhancing Consumer Protection Procedures Amendment Act of 2025

Sponsored By: Brianne K. Nadeau (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

16 provisions identified: 9 benefits, 2 costs, 5 mixed.

Winning consumers can recover larger damages

For covered claims, consumers can recover three times actual damages or $3,000 per violation, whichever is greater. The $3,000 amount rises annually by the greater of 3% or the specified Washington-area inflation increase. Claims under section 28-3904(b)(14) are limited to actual damages and exclude dignitary damages, including pain and suffering. Winning consumers recover reasonable legal fees and costs. Courts can also award punitive damages and other listed relief.

Consumer complaints gain time and protection

Businesses cannot retaliate over complaints to agencies or companies, consumer lawsuits, or participation in related investigations and hearings. Filing with the Department of Licensing and Consumer Protection pauses the applicable lawsuit deadline. The pause ends with a final administrative hearing order, consent order, or settlement agreement. The Director must investigate complaints but can decline all or part, with written notice to the complainant. Department cases stay confidential until a consent decree, settlement agreement, or final hearing order; administrative hearings and meetings are excluded.

Consumers gain protection against abusive practices

Merchants cannot seriously interfere with your ability to review or understand a consumer contract term. They cannot take unreasonable advantage of consumers’ lack of understanding or inability to protect their financial-product interests. They also cannot exploit reasonable reliance on a merchant claiming to act in the consumer’s interest. Anyone who knowingly or recklessly helps a merchant commit a covered violation can also be held liable, even without being a merchant.

Consumers gain stronger order enforcement

The Department can sign settlements, and its Director can file complaints for consumers using evidence gathered under the consumer law. Intended beneficiaries of Director-filed cases can enforce orders, consent decrees, or settlements even without joining the case. The Department, complainants, and respondents can ask Superior Court to enforce violated consent decrees or final administrative hearing orders. Courts can award penalties, injunctions, damages, triple damages, legal fees, consumer relief, and other remedies. Enforcement applications cost neither the District nor complainants, and the Department must seek a civil penalty when an order becomes final.

Infant formula prices face a cap

District sellers cannot sell or offer infant formula above 120% of the applicable historical average price. The benchmark uses that seller’s District prices for substantially similar formula during the 90 days ending February 17, 2022. Sellers that did not sell or offer formula then must use comparable District retailers’ average prices for similar formula during that period.

More paths to consumer lawsuits

Consumers can sue over trade practices that violate District law, including landlord-tenant practices. Covered testers, nonprofits, and qualifying public-interest groups can also bring cases. Public-interest groups need a sufficient connection to the interests they represent, and represented consumers must have their own underlying claim. Courts must weigh relevant federal guidance on unfair, deceptive, and abusive practices. Unless the chapter sets another standard, claims must be proved more likely true than not.

Shoppers see required fees upfront

Merchants must include mandatory fees and charges in advertised, displayed, or offered prices. Government-imposed transaction taxes and fees can still appear separately. Shipping charges for physical goods can also appear separately. This lets shoppers see more of the total price before buying.

Consumer protections reach donors and suppliers

District consumer protections now cover people who donate or plan to donate money or goods to charity. Covered activities include charitable donation requests. A business can qualify as a merchant without a direct consumer contract, including qualifying indirect suppliers, successors, and assigns. The merchant definition excludes District agencies and employees acting in their official roles.

Consumer penalties fund public education

The law creates a Consumer Protection Education Fund. All fines, fees, and penalties under the chapter go into the fund. It supports consumer-protection work, including education. The law sets no funding amount or direct household payment.

Public-interest lawsuits face related-case delays

Public-interest organizations and plaintiffs acting for the general public must notify the Attorney General within 10 business days after filing. Their civil action pauses when a covered public-interest or general-public claim overlaps an Attorney General action under section 28-3909. The pause lasts until the Attorney General’s case is resolved.

Consumer-law violators face higher penalties

Covered civil penalties become mandatory, with minimums of $500 or $1,000 under the two listed penalty rules. The specified consumer-law infraction moves from Class 2 to Class 1. Chapter violations are also classified as Class I infractions. Beginning January 1, 2027, chapter fines receive annual adjustments using the latest Washington-area Consumer Price Index for All Urban Consumers. Adjusted amounts appear in the District Register on or after January 1 each year.

Stronger tools protect vulnerable adults

The Attorney General can compel witnesses, sworn answers, and records to seek relief under vulnerable-adult law sections 207 and 208. This authority is unavailable once the target is formally charged under section 203a. Testimony cannot further a related section 203a criminal investigation or be used against its provider in a criminal proceeding. Courts can compel compliance, impose fines, and award costs and reasonable legal fees in subpoena-related actions. Courts can also require corrective action through temporary or permanent orders in vulnerable-adult abuse, neglect, and financial-exploitation cases.

Attorney General gains stronger consumer remedies

The Attorney General can seek court orders when there is reason to believe a listed consumer-law violation occurred or is intended. The action must serve the public interest. Courts can stop practices, require restitution or corrective action, freeze assets, appoint a receiver, or dissolve an entity. The Attorney General need not prove damages or post a bond. Defendants can also face reasonable pre-lawsuit investigation costs tied to the later case; requested costs and fees are presumed reasonable unless defendants spent substantially less.

Consumer investigations require sworn answers

The Attorney General gains tools to investigate consumer violations, including sworn testimony, written answers, and records verified as complete. Investigation demands can arrive by first-class mail, email, or another method likely to give actual notice. Superior Court can compel responses through a process that respects constitutional due process. For incomplete answers, courts can impose fines and must consider the recipient’s income and assets. The Attorney General can also recover costs and reasonable legal fees in subpoena-related court actions.

Dangerous businesses face emergency closure

After investigating, the Department can order a violation stopped when it causes or threatens imminent danger to District residents. Disobeying a lawful stop order can lead to license suspension without a hearing. An investigated merchant violation posing immediate danger can also lead to business closure without a hearing. The Department must post two notices stating the action, its length, and its basis. People affected by final emergency actions can appeal to the Office of Administrative Hearings.

Investigation evidence gets limits and sharing

Information obtained under the covered Attorney General investigation law cannot be used against its provider in a later criminal case. A sworn statement can still support a perjury prosecution based on that statement. Confidentiality agreements and protective orders in covered consumer cases and investigations must allow sharing with law enforcement. Receiving agencies must agree to follow the existing confidentiality restrictions.

Sponsors & Cosponsors

Sponsor

Brianne K. Nadeau
Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 26 • No: 0

House vote • 6/2/2026

Final Reading, CC

Yes: 13 • No: 0

House vote • 5/5/2026

First Reading, CC