RE-ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend, on an emergency basis, section 28-3814 of the District of Columbia Official Code to
include all consumer debt under the Districts 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 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 creditworthiness, to prohibit debt collectors from making more than 3
phone calls to a consumer in 7 days, 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 when the plaintiff is the
prevailing party, 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
Emergency Amendment Act of 2021.
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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 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) Claim means any obligation or alleged obligation, arising from a 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 debtor, as a result of a purchase, lease, or loan of goods, services, or
real or personal property for personal, family, medical, or household purposes.
(3) Creditor means a claimant or other person holding or alleging to hold a
claim.
(4) Debt buyer means a person or entity that is engaged in the business of
purchasing charged-off consumer debt or other delinquent consumer debt for collection
purposes, whether it collects the debt itself or hires a third party for collection, including an
attorney, in order to collect such debt. A debt buyer is considered a debt collector for all
purposes.
(5) Debt collection means any action, conduct or practice in
connection with the collection of consumer debt.
(6) Debt collector means a person engaging directly or indirectly in debt
collection. The term includes any person who sells or offers to sell forms represented to be a
collection system, device, scheme, or method intended or calculated to be used to collect claims.
(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 by striking the phrase of the following
ways: and inserting the phrase way, including: in its place.
(2) Paragraph (2) is amended to read as follows:
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(2) the accusation or threat to falsely accuse any person of fraud or any crime, or
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 to the claim or would be subjected to collection attempts in violation of this
section;
(4) Paragraph (5) is amended by striking the period and inserting a semicolon in
its place.
(5) New paragraphs (6), (7), and (8) are added to read as follows:
(6) the threat of any action which the creditor or debt collector cannot legally
take or any action which the creditor or debt collector in the usual course of business does not in
fact take;
(7) disclosing or threatening to disclose information concerning the existence of
a debt known to be disputed by the consumer without disclosing the fact that the debt is disputed
by the consumer; and
(8) disclosing or threatening to disclose information affecting the consumers
reputation for creditworthiness with knowledge or reason to know that the information is false..
(d) Subsection (d) is amended as follows:
(1) The lead-in language is amended by striking the phrase of the following
ways: and inserting 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:
(3) causing expense to any person incurred by a medium of communication or by
concealment of the true purpose of the notice, letter, message, or communication; and.
(4) A new paragraph (4) is added to read as follows:
(4) communicating with the consumer or any member of the consumer's family
or household in such a manner that can reasonably be expected to abuse or harass the consumer,
including communications at an unreasonable hour or with unreasonable frequency, or by
making in excess of 3 phone calls, inclusive of all phone numbers and accounts the creditor or
debt collector has for the consumer, in any 7-day period. The limit of 3 calls in any 7-day period
shall not apply to calls made to a debt collector by a consumer or to a single completed call made
by a debt collector in response to the consumers request for a returned phone call..
(e) Subsection (e) is amended as follows:
(1) The lead-in language is amended by striking the phrase any of the following
ways: and inserting the phrase such a manner as to harass or embarrass the alleged debtor in
any way, including: in its place.
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(2) Paragraph (1) is amended to read as follows:
(1) the communication of any information relating to a consumers indebtedness
to any employer or employers agent, except when the indebtedness had been guaranteed by the
employer or the employer has requested the loan giving rise to the indebtedness and except when
such communication is in connection with an attachment or execution after judgments as
authorized by law;
(3) Paragraph (2) is amended to read as follows:
(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 through proper legal action or process or at the express and unsolicited request of the
relative or family member;
(f) Subsection (f) is amended as follows:
(1) The lead-in language is amended to read as follows:
(f) No creditor or 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 claims in any way, including:
(2) Paragraph (4) is amended by striking the phrase name and full business
address and inserting the phrase name, phone number, email address, and full business
address in its place.
(3) Paragraph (8) is amended by striking the phrase ; and and inserting a
semicolon in its place.
(4) Paragraph (9) is amended by striking the period and inserting a semicolon in
its place.
(5) 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) seeking to collect funds from a consumer that the debt collector knows or
has reason to know are exempt from attachment or garnishment under federal or District law..
(g) Subsection (g) is amended as follows:
(1) The lead-in language is amended by striking the phrase of the following
ways: and inserting the phrase way, including: in its place.
(2) Paragraph (4) is amended by striking the phrase ; and and inserting a
semicolon in its place.
(3) Paragraph (5) is amended by striking the period and inserting the phrase ;
and in its place.
(4) A new paragraph (6) is added to read as follows:
(6) attempting to collect debts owed by a deceased consumer from a person with
no legal obligation to pay the amounts alleged to be owed..
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(h) Subsection (j) is amended as follows:
(1) Paragraph (1) is amended by striking the phrase has willfully violated any
provision of the foregoing subsections of this section and inserting the phrase has violated any
provision of this section in its place.
(2) Paragraph (2) is amended to read as follows:
(2) Punitive damages may be awarded to any person affected by a willful
violation of any provision of this section when and in such amount as is deemed appropriate by
the court or trier of fact..
(i) Subsection (k) is amended by striking the phrase before 8 a.m. and after 9 p.m. and
inserting the phrase before 8 a.m. or after 9 p.m. in its place.
(j) New subsections (l) through (cc) are added to read follows:
(l) Notwithstanding any other provision of law, when the applicable statute of
limitations period has expired, any subsequent payment toward or written or oral affirmation of
such a consumer debt shall not extend the limitations period.
(m)(1) No debt collector shall collect or attempt to collect a consumer debt, unless the
debt collector has complete and authenticated documentation that the person attempting
collection is the owner of the consumer debt, and the debt collector is in possession of the
following information or documents:
(A) Documentation of the name of the original creditor as well as the
name of the current creditor or owner of the consumer debt;
(B) The debtor's last account number with the original creditor;
(C) A copy of the signed contract, signed application, or other documents
that provide evidence of the consumers liability and the terms thereof;
(D) The date that the consumer debt was incurred; provided, that in the
case of a revolving credit account the date that the consumer debt was incurred shall be the last
extension of credit made for the purchase of goods or services, for the lease of goods, or as a
loan of money;
(E) The date and amount of the last payment by the consumer, if
applicable; and
(F) An itemized accounting of the amount claimed to be owed, including
the amount of the principal; the amount of any interest, fees or charges; and whether the charges
were imposed by the original creditor, a debt collector, or a subsequent owner of the debt. If the
debt arises from a credit card, the itemized accounting shall be measured from the charge-off
balance and shall include copies of the charge-off statement and the most recent monthly
statement recording a purchase transaction, last payment, or balance transfer.
(2) In the first written communication with the consumer, a debt collector shall
provide written notice to the consumer that the consumer may request that the debt collector
provide the information or documents identified in paragraph (1) of this subsection to the
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consumer. The notice shall state, in boldface type which is a minimum of 12-point type, the
following statement:
You have the right to request all of the following concerning your debt:
(1) Documentation of the name of the original creditor as well as the name of the
current creditor or owner of your debt;
(2) Your last account number with the original creditor;
(3) A copy of the signed contract, signed application, or other documents
providing evidence of your liability and its terms;
(4) The date that your debt was incurred;
(5) The date of your last payment, if applicable; and
(6) An itemized accounting of the amount claimed to be owed, including the
amount of the principal, the amount of any interest, fees, or charges, and whether the charges
were imposed by the original creditor, a debt collector, or a subsequent owner of the debt.
You may request the above information by contacting us by phone, mail, or email,
at the following:
The notice shall list the debt collectors phone number, mailing address, and email
address for receipt of such requests for information immediately following the above statement,
in the same typeface as the statement. The debt collector shall cease all collection of the
consumer debt until the above notice is provided to the consumer in writing. Upon receipt of a
request by a consumer for any of the information identified in paragraph (1) of this subsection,
the debt collector shall provide all of the information listed in paragraph (1) of this subsection to
the consumer in writing within 15 days of receipt of the request. If the debt collector cannot
provide the information listed in paragraph (1) within 15 days, the debt collector shall cease all
collection of the consumer debt until such information is provided..
(n)(1) A debt collector who enters into a payment schedule or settlement agreement
regarding a consumer debt shall provide a written copy of the payment schedule or settlement
agreement to the consumer within 7 days.
(2) A consumer shall not be required to make a payment on a payment schedule
or settlement agreement until the written agreement required by paragraph (1) of this subsection
has been provided by the debt collector."
(o) Any action for the collection of a consumer debt shall only be commenced within 3
years of accrual. This period shall apply whether the legal basis of the claim sounds in contract,
account stated, open account, or other cause and notwithstanding the provisions of any other
statute of limitations unless that statute provides for a shorter limitations period. This time period
also applies to contracts under seal. This subsection shall apply to all claims brought on or after
the effective date of the Protecting Consumers from Unjust Debt Collection Practices Emergency
Amendment Act of 2021, passed on emergency basis on August 3, 2021 (Re-enrolled version of
Bill 24-347).
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(p) Immediately prior to commencing a legal action to collect a consumer debt, the
plaintiff shall undertake a reasonable investigation to verify the defendants current address for
service of process.
(q) In a cause of action initiated by a debt collector to collect a consumer debt,
the debt collector shall attach to the complaint or statement of claim a copy of the signed
contract, signed application, or other documents that provide evidence of the consumers
liability, and shall allege the following information in the complaint or statement of claim:
(1) A short and plain statement of the type of consumer debt;
(2) The information enumerated in subsection (m)(1) of this section, except that
the debt collector shall only include the last 4 digits of the debtors last account number with the
original creditor;
(3) The basis for any interest and fees charged;
(4) The basis for the request of attorney's fees, if applicable;
(5) That the debt collector is the current owner of the consumer debt and a
chronological listing of the names of all prior owners of the consumer debt and the date of each
transfer of ownership, beginning with the original creditor; and
(6) That the suit is filed within the applicable statute of limitations period.
(r) In a cause of action initiated by a debt collector to collect a consumer debt, prior to
entry of a default judgment or summary judgment against a consumer, the plaintiff shall file
evidence with the court to establish the amount and nature of the debt. The only evidence
sufficient to establish the amount and nature of the debt shall be authenticated business records
that shall include the information enumerated in subsection (m)(1) of this section, except that the
debt collector shall only include the last 4 digits of the debtors last account number with the
original creditor.
(s) In a cause of action initiated by a debt collector to collect a consumer debt, prior to
entry of a default judgment or summary judgment against a cons