ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend section 28-3814 of the District of Columbia Official Code to include all consumer
debt other than a loan directly secured on real estate or a direct motor vehicle installment
loan under the Districts debt collection law, to prohibit deceptive behavior from debt
collectors including threatening to accuse people of fraud, threatening to sell or assign
consumer debt such that the consumer would lose a defense to a claim or disclosing or
threatening to disclose consumer debt information without acknowledging such debt is in
dispute or in a way that would harm the consumers reputation for credit worthiness, to
prohibit debt collectors from making more than 4 phone calls per account in any 7-day
period, to prohibit debt collectors from sending more than 5 emails, text messages, and
private messages per account to a consumer in any 7-day period after obtaining consent
from the consumer, to prohibit the communication of consumer indebtedness to
employers, except when such indebtedness is guaranteed by the employer, the employer
requests the loan, or the information is an attachment to an execution or judgment
allowed by law, to prohibit debt collectors from communicating an individuals
indebtedness to family, friends, or neighbors, except through proper legal processes, to
require debt collectors to have complete documentation related to the consumer debt
being collected, to require debt collectors who enter into a payment schedule or
settlement to provide a written copy of the schedule or agreement, to implement specific
requirements for a debt collector when initiating a cause of action against a consumer for
consumer debt, to allow for the awarding of damages and other fees to a consumer when
a debt buyer or debt collector violates this section, to establish specific requirements for
the awarding of attorneys fees where the plaintiff is the prevailing party, the case is not
in small claims court, and the attorney is requesting a fee of greater than 15% of the
amount of the debt, to establish specific requirements for courts to issue bench warrants
for civil arrest for failure to appear in debt-collection cases, to prohibit the imprisonment
or jailing of any consumer for failure to pay consumer debt, and to establish debt-
collection protections during a public health emergency declared by the Mayor.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Protecting Consumers from Unjust Debt Collection Practices
Amendment Act of 2022.
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Sec. 2. Section 28-3814 of the District of Columbia Official Code is amended as follows:
(a) Subsection (a) is amended to read as follows:
(a) This section applies to conduct and practices in connection with the collection of
obligations arising from any consumer debt (other than a loan directly secured on real estate or a
direct motor vehicle installment loan covered by Chapter 36 of this title)..
(b) Subsection (b) is amended to read as follows:
(b) As used in this section, the term:
(1) Consumer means any individual obligated or allegedly obligated to pay
any consumer debt.
(2) Consumer debt means money or its equivalent, or a loan or advance of
money, which is, or is alleged to be, more than 30 days past due and owing, unless a different
period is agreed to by the consumer, as a result of a purchase, lease, or loan of goods, services, or
real or personal property for personal, family, medical, or household purposes. The term
consumer debt does not include an extension of credit secured by a mortgage.
(3) Debt buyer means a person that is engaged in the business of purchasing
charged-off consumer debt or other delinquent consumer debt for collection purposes, whether it
collects the consumer debt itself or hires a third party, including an attorney, in order to collect
such consumer debt. The term debt buyer does not include a person or entity that acquires
delinquent or charged-off debt as an incidental part of acquiring a portfolio of debt that is
predominantly not delinquent or charged-off debt.
(4) Debt collection means any action, conduct, or practice undertaken for the
purpose of collecting consumer debt.
(5) Debt collector means a person, including an original creditor or debt buyer
engaging directly or indirectly in debt collection and any person who sells or offers to sell forms
represented to be a collection system, device, or a scheme or method intended or calculated to be
used to collect consumer debt.
(6) Original creditor means the person that owned a consumer debt at the date
of default, or the date of charge-off for credit cards or revolving credit accounts, giving rise to a
cause of action for its collection.
(7) Person means an individual, corporation, business trust, estate, trust
partnership, limited liability company, association, joint venture, government, governmental
subdivision, agency, or instrumentality, public corporation, or any other legal or commercial
entity.
(8) Public health emergency means a period of time for which the Mayor has
declared a public health emergency pursuant to 7-2304.01, or a state of emergency pursuant to
28-4102..
(c) Subsection (c) is amended as follows:
(1) The lead-in language is amended as follows:
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(A) Strike the phrase creditor or debt collector and insert the phrase
debt collector in its place.
(B) Strike the phrase of the following ways: and insert the phrase way,
including: in its place.
(2) Paragraph (2) is amended to read as follows:
(2) the false accusation or threat to falsely accuse any person of fraud or any
crime, or of any conduct which, if true, would tend to disgrace such other person or in any way
subject the person to ridicule, contempt, disgrace, or shame;.
(3) Paragraph (4) is amended to read as follows:
(4) the threat to sell or assign to another the consumer debt with a representation
or implication that the result of such sale or assignment would be that the consumer would lose
any defense in an action seeking to collect such consumer debt or would be subjected to
collection attempts in violation of this section;.
(4) Paragraph (5) is amended as follows:
(A) Strike the phrase alleged claim and insert the phrase alleged
consumer debt in its place.
(B) Strike the period and insert a semicolon in its place.
(5) New paragraphs (6), (7), (8), and (9) are added to read as follows:
(6) the threat of any action that the debt collector cannot legally take or which
the debt collector does not in fact intend to take;
(7) disclosing or threatening to disclose information concerning the existence of
a consumer debt known to be disputed by the consumer without disclosing the fact that the
consumer debt is disputed by the consumer;
(8) disclosing or threatening to disclose information affecting the consumers
reputation for creditworthiness with knowledge or reason to know that the information is false;
and
(9) disclosing or threatening to disclose the consumers citizenship status to any
individual, organization, or entity..
(d) Subsection (d) is amended as follows:
(1) The lead-in language is amended as follows:
(A) Strike the phrase creditor or debt collector and insert the phrase
debt collector in its place.
(B) Strike the phrase claim alleged to be due and insert the phrase
consumer debt alleged to be due in its place.
(C) Strike the phrase of the following ways: and insert the phrase way,
including: in its place.
(2) Paragraph (2) is amended by striking the phrase ; and and inserting a
semicolon in its place.
(3) Paragraph (3) is amended to read as follows:
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(3) absent the persons express written consent, knowingly causing expense to
any person incurred by use of a medium of communication, or by concealment of the true
purpose of a notice, letter, message, or communication; and.
(4) New paragraphs (4), (5), and (6) are added to read as follows:
(4) communicating with a consumer or any member of a consumers family or
household in such a manner that can reasonably be expected to abuse or harass the consumer or
any member of the consumers family or household or communicating with the consumer or any
member of the consumers family or household at an unreasonable hour or with unreasonable
frequency, including:
(A)(i) Making in excess of 4 phone calls per account, inclusive of all
phone numbers the debt collector has for the consumer, in any 7-day period; except, that the limit
of 4 calls per account in any 7-day period shall not apply to calls made to:
(I) A debt collector by a consumer;
(II) A single completed phone call made by a debt
collector in response to a consumers request for a returned phone call;
(III) Calls when there is no connection or ability to leave a
message; or
(IV) Calls made to a wrong number that is not affiliated
with the consumer or the consumers family.
(ii) After a completed call between the debt collector and
consumer takes place, the debt collector shall not call the consumer back for 7 days unless
otherwise requested by the consumer.
(iii) The consumer may opt out of receiving phone calls in writing
at any time.
(iv) For purposes of this subparagraph, a completed phone call
means one in which the debt collector engages in a telephone conversation with the consumer.
(B)(i) Sending text messages, emails, and private messages through
social media platforms to a consumer prior to mailing the written notice required pursuant to
subsection (m)(2)(A) of this section;
(ii) After mailing the consumer the written notice required
pursuant to subsection (m)(2)(A) of this section, sending text messages, emails, and private
messages through social media platforms prior to obtaining a consumers express consent to
communicate via one or more of these methods; except, that a debt collector may send one email,
text message, or private message to a consumer in any 7-day period for purposes of obtaining
consent to communicate via the method the debt collector is using to communicate; and
(iii)(I) After obtaining a consumers consent, sending more than 5
text messages, emails, and private messages per account in any 7-day period unless otherwise
agreed to by the consumer.
(II) The limit of 5 text messages, emails, and private
messages per account in any 7-day period shall not apply to messages or emails sent to a debt
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collector by a consumer, to messages or emails sent by a debt collector in response to a
consumers request for a response, or to messages or emails sent to a wrong number or email
address that is not affiliated with the consumer or the consumers family.
(III) Debt collectors must include opt-out language in all
emails, text messages, and private messages, and consumers shall be able to opt-out of receiving
communications from debt collectors via text message, email, or private message at any time;
(5) visiting or threatening to visit the household of a consumer at any time for
the purpose of collecting a debt, other than for the purpose of serving process in a lawsuit; and
(6) visiting or threatening to visit the place of employment of a consumer at any
time, other than for the purpose of serving process in a lawsuit..
(e) Subsection (e) is amended as follows:
(1) The lead-in language is amended to read as follows:
(e) No debt collector shall unreasonably publicize information relating to any alleged
indebtedness or consumer in such a manner as to harass or embarrass the consumer in any way,
including:.
(2) Paragraphs (1) and (2) are amended to read as follows:
(1) the communication of any information relating to a consumers indebtedness
to any employer or employers agent, except:
(A) when such indebtedness had been guaranteed by the employer or the
employer has requested the loan giving rise to the indebtedness; or
(B) when such communication is in connection with an attachment or
execution after judgments as authorized by law;
(2) the disclosure, publication, or communication of information relating to a
consumers indebtedness to any relative, family member, friend, or neighbor of the consumer,
except:
(A) through proper legal action or process;
(B) in connection with a matter related to a deceased consumers estate;
or
(C) at the express and unsolicited request of the relative or family
member;.
(3) Paragraph (3) is amended by striking the phrase claim to enforce payment
thereof and inserting the phrase consumer debt in its place.
(4) Paragraph (4) is amended as follows:
(A) Strike the phrase the alleged claim and insert the phrase the alleged
consumer debt in its place.
(B) Strike the phrase creditor or debt collector and insert the phrase
debt collector in its place.
(f) Subsection (f) is amended as follows:
(1) The lead-in language is amended to read as follows:
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(f) No debt collector shall use any unfair, fraudulent, deceptive, or misleading
representation, device, or practice to collect a consumer debt or to obtain information in
conjunction with the collection of a consumer debt in any way, including:.
(2) Paragraph (1) is amended by striking the phrase creditor or debt collectors
and inserting the phrase original creditor or debt collectors in its place.
(3) Paragraph (2) is amended to read as follows:
(2) the failure to clearly disclose in all written communications made to collect
or attempt to collect consumer debt or to obtain or attempt to obtain information about a
consumer, that the debt collector is attempting to collect consumer debt and that any information
obtained will be used for that purpose;.
(4) Paragraph (3) is amended by striking the phrase creditor or debt collector
and inserting the phrase debt collector in its place.
(5) Paragraph (4) is amended to read as follows:
(4) the failure to clearly disclose the name, phone number, email address, if used
for receipt of communications in connection with collection with a consumer debt, and full
business address of the person to whom the consumer debt has been assigned, or to whom the
consumer debt is owed, at the time of making any demand for money;.
(6) Paragraph (5) is amended by striking the phrase claim against a consumer
and inserting the phrase consumer debt in its place.
(7) Paragraph (6) is amended by striking the phrase creditor or debt collector
and inserting the phrase debt collector in its place.
(8) Paragraph (8) is amended by striking the phrase ; and and inserting a
semicolon in its place.
(9) Paragraph (9) is amended as follows:
(A) Strike the phrase creditor or debt collector and insert the phrase
debt collector in its place.
(B) Strike the period and insert a semicolon.
(10) New paragraphs (10) and (11) are added to read as follows:
(10) initiating a cause of action to collect a consumer debt when the debt
collector knows or reasonably should know that the applicable statute of limitations period has
expired; and
(11) attaching or garnishing a consumers funds or negotiating a settlement
agreement on a consumer debt when the debt collector knows or has reason to know the funds
are exempt from attachment or garnishment under federal or state law without letting the
consumer know in writing that the funds may be exempt. The notice provided in subsection
(m)(2)(A) of this section shall satisfy this requirement..
(g) Subsection (g) is amended as follows:
(1) The lead-in language is amended to read as follows:
(g) No debt collector shall use unfair or unconscionable means to collect or attempt to
collect any consumer debt in any way, including:.
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(2) Paragraph (3) is amended by striking the phrase creditor or debt collectors
fee or charge for services rendered and inserting the phrase debt collectors fee or charge for
services rendered, unless otherwise provided for by law or contract with the consumer in its
place.
(3) Paragraph (4) is amended by striking the phrase ; and and inserting a
semicolon in its place.
(4) Paragraph (5) is amended by striking the period and inserting the phrase ;
and in its place.
(5) A new paragraph (6) is added to read as follows:
(6)(A) attempting to collect debts owed by a deceased consumer from a person
with no legal obligation to pay the amounts alleged to be owed, except from the executor of an
estate or a person informally performing such functions.
(B) When contacting the executor of an estate, or a person informally
performing such functions, the debt collector must state that the person being contacted is not
personally liable for the debts of the estate..
(h) Subsection (h) is amended by striking the phrase creditor or debt collector and
inserting the phrase debt collector in its place.
(i) Subsection (i) is amended as follows:
(1) The lead-in language is amended by striking the phrase creditor or debt
collector and inserting the phrase debt collector in its place.
(2) Paragraph (2) is amended to read as follows:
(2) an assignment of any consumer debt without ev