NCJ Number
53399
Journal
Catholic University Law Review Volume: 27 Issue: 3 Dated: (SPRING 1978) Pages: 642-652
Date Published
1978
Length
11 pages
Annotation
THE SUBSTANTIVE AND PROCEDURAL PROVISIONS OF THE DISTRICT OF COLUMBIA'S CONSUMER PROTECTION LAW ARE REVIEWED.
Abstract
THE DISTRICT OF COLUMBIA CONSUMER PROTECTION PROCEDURES ACT IS UNUSUAL IN THAT IT EXPRESSLY PROHIBITS 24 SPECIFIC UNFAIR TRADE PRACTICES. IT IS UNIQUE IN THAT IT ESTABLISHES THE ONLY STATE-LEVEL CONSUMER PROTECTION AGENCY MANDATED TO ACCEPT, INVESTIGATE, AND EVALUATE INDIVIDUAL CONSUMER COMPLAINTS. THE STATUTE ALSO EMPOWERS THE DIRECTOR OF THAT AGENCY TO SERVE AS A PUBLIC PROSECUTOR. THE DIRECTOR MAY SEEK RELIEF FOR INDIVIDUALS OR CLASSES OF DEFRAUDED CONSUMERS THROUGH THE ADMINISTRATIVE PROCESS AND, IF NECESSARY, THROUGH THE COURTS. ADMINISTRATIVE ADJUDICATIONS MAY RESULT IN FINAL AND BINDING REMEDIES, INCLUDING DAMAGES, RESTITUTION, AND CEASE AND DESIST ORDERS. HOWEVER, THE CONSUMER RETAINS THE RIGHT TO TAKE A COMPLAINT DIRECTLY TO THE COURTS FIRST WITHOUT EXHAUSTING ADMINISTRATIVE REMEDIES. A CONSUMER WHO DECIDES TO TAKE PRIVATE ACTION IS NOT LIMITED TO THE 24 PROHIBITIONS SPECIFIED IN THE ACT. WEAKNESSES IN THE ACT, SUCH AS THE OMISSION OF A CATCHALL PROHIBITION AGAINST UNFAIR OR DECEPTIVE PRACTICES NOT SPECIFIED, ARE POINTED OUT. THE EFFECTIVENESS OF THE STATUTE IS CONCLUDED TO DEPEND ON HOW EXTENSIVELY THE CONSUMER AGENCY'S SERVICES ARE PUBLICIZED AND FUNDED, AND ON THE PASSAGE OF AMENDMENTS TO CLARIFY CERTAIN SUBSTANTIVE PROVISIONS OF THE ACT. (LKM)