§ 28-3909

D.C. Code § 28-3909

Restraining prohibited acts.

Effective Sep 26, 2026Mar. 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; July 17, 2018, D.C. Law 22-140, § 2(d); Feb. 22, 2019, D.C. Law 22-206, § 2(b); June 17, 2020, D.C. Law 23-98, § 2(b)(3); Aug. 20, 2026, D.C. Law 26-172, § 3(b)(2); Sept. 26, 2026, D.C. Law 26-187, § 4(j)

  1. (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 has used, is using, or intends to use any method, act, or practice in violation of [§§] 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:

    1. (1) Prohibiting the use of the method, act, or practice;
    2. (2) Requiring the violator to take affirmative action, including the restitution of money or property;
    3. (3) Freezing, where appropriate, the alleged violator's assets to ensure adequate funds are available to pay restitution, damages, and penalties;
    4. (4) Placing an entity in receivership; or
    5. (5) Dissolving an entity.
  2. (a-1) In any action under this section, the Attorney General shall not be required to prove damages and the injunction shall be issued without bond.

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

    1. (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 less than $500 and not more than $5,000 for each violation;
    2. (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 less than $1,000 and not more than $10,000 for each subsequent violation;
    3. (3) Economic damages; and
    4. (4) The costs of the action and reasonable attorneys' fees.

  4. (b-1)

    1. (1) Any request by the Attorney General for costs and fees shall be presumptively reasonable where the defendants in the action did not expend substantially less in costs and fees than the amount in the Attorney General's request. Where the defendants in the action expended substantially less in costs and fees than the amount in the Attorney General's request, the Attorney General may still prove the reasonableness of the request under the same standards applicable to a private plaintiff.
    2. (2) The Attorney General may also seek reasonable costs and fees expended in a pre-suit investigation where the subject matter of the investigation was pertinent to the subsequent suit brought under this section.

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

    1. (1) represent the interests of consumers before administrative and regulatory agencies and legislative bodies;
    2. (2) assist, advise, and cooperate with private, local, and federal agencies and officials to protect and promote the interests of consumers;
    3. (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. (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 , in the extension of consumer credit, and in the solicitation of charitable donations;
    5. (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. (6) negotiate and enter into agreements for compliance by merchants with the provisions of this chapter; or
    7. (7) publicize its own actions taken in the interests of consumers.
  6. (d) The Attorney General for the District of Columbia may apply the provisions and exercise the duties of this section to landlord-tenant relations.
  7. (e) In any action brought under this section or in an investigation by the Attorney 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 the Attorney General to share documents designated as confidential with any law enforcement agency; provided, that the law enforcement agency agrees to abide by the confidentiality restrictions in the confidentiality agreement or protective order.

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

July 17, 2018, D.C. Law 22-140, § 2(d)

Feb. 22, 2019, D.C. Law 22-206, § 2(b)

June 17, 2020, D.C. Law 23-98, § 2(b)(3)

Aug. 20, 2026, D.C. Law 26-172, § 3(b)(2)

Sept. 26, 2026, D.C. Law 26-187, § 4(j)

Emergency Legislation

For temporary (90 day) amendment of section, see § 1402(e) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90-day) amendment of section, see § 1402(e) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 days) amendment of this section, see § 2(a) of At-Risk Tenant Protection Clarifying Emergency Amendment Act of 2016 (D.C. Act 21-576, Dec. 19, 2016, 63 DCR 15695).

For temporary (90 days) amendment of this section, see § 2(a) of At-Risk Tenant Protection Clarifying Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-23, Mar. 27, 2017, 64 DCR 3065).

For temporary (90 days) amendment of this section, see § 2(a) of At-Risk Tenant Protection Clarifying Emergency Amendment Act of 2017 (D.C. Act 22-164, Oct. 23, 2017, 64 DCR 10790).

For temporary (90 days) amendment of this section, see § 2(a) of At-Risk Tenant Protection Clarifying Emergency Amendment Act of 2018 (D.C. Act 22-402, July 16, 2018, 65 DCR 7518).

For temporary (90 days) amendment of this section, see § 2(a) of At-Risk Tenant Protection Clarifying Congressional Review Emergency Amendment Act of 2018 (D.C. Act 22-486, Oct. 22, 2018, 65 DCR12042).

For temporary (90 days) provision dealing with the authority of the Attorney General during a public emergency, see § 307(g) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).

For temporary (90 days) provision dealing with the authority of the Attorney General during a public emergency, see § 307(g) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).

For temporary (90 days) provision dealing with the authority of the Attorney General during a public emergency, see § 307(g) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).

For temporary (90 days) provision dealing with the authority of the Attorney General during a public emergency, see § 307(g) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).

Effect of Amendments

D.C. Law 13-172 designated the existing text as subsec. (a), deleted from the second sentence thereof “on behalf of any identifiable person,” preceding “may recover restitution”, and added subsecs. (b) and (c).

Prior Codifications

1981 Ed., § 28-3909.

Section References

This section is referenced in § 28-3910 and § 28-5003.

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(a) of At-Risk Tenant Protection Clarifying Temporary Amendment Act of 2016 (D.C. Law 21-271, Apr. 15, 2017, 64 DCR 944).

For temporary (225 days) amendment of this section, see § 2(a) of At-Risk Tenant Protection Clarifying Temporary Amendment Act of 2017 (D.C. Law 22-45, Jan. 25, 2018, 64 DCR 12399).

For temporary (225 days) amendment of this section, see § 2(a) of At-Risk Tenant Protection Clarifying Temporary Amendment Act of 2018 (D.C. Law 22-172, Oct. 30, 2018, 65 DCR 9540).

For temporary (225 days) creation of § 28-3909.01, see § 307(g) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).

For temporary (225 days) provision dealing with the authority of the Attorney General during a public emergency, see § 307(g) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).

Applicability

Applicability of D.C. Law 26-172: § 6(a) of D.C. Law 26-172 provided that the amendment to this section by § 3(b)(2) of D.C. Law 26-172 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

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