D.C. Code § 28-3904: Unfair, deceptive, and abusive trade practices.

(a)

It shall be a violation of this chapter for any merchant to engage in an unfair, deceptive, or abusive trade practice, whether or not any consumer is in fact misled, deceived, or damaged thereby. Without limiting the general application of the foregoing, it is an unfair, deceptive, or abusive trade practice prohibited by this chapter to:

(1)

Represent that goods or services have a source, sponsorship, approval, certification, licensure, accessories, characteristics, ingredients, uses, benefits, or quantities that they do not have;

(2)

Represent that the person has a sponsorship, approval, status, affiliation, certification, licensure, or connection that the person does not have;

(3)

Represent that goods are original or new if in fact they are deteriorated, altered, reconditioned, reclaimed, or second hand, or have been used;

(4)

Represent that goods or services are of particular standard, quality, grade, style, or model, if in fact they are of another;

(5)

Misrepresent as to a material fact which has a tendency to mislead;

(6)

Represent that a transaction confers or involves rights, remedies, or obligations which it does not have or involve, or which are prohibited by law;

(7)

Fail to state a material fact if such failure tends to mislead;

(8)

Use innuendo or ambiguity as to a material fact, which has a tendency to mislead;

(9)

Disparage the goods, services, or business of another by false or misleading representations of material facts;

(10)

Advertise or offer goods or services without the intent to sell them or without the intent to sell them as advertised or offered;

(11)

Advertise or offer goods or services without supplying reasonably expected public demand, unless the advertisement or offer discloses a limitation of quantity or other qualifying condition which has no tendency to mislead;

(12)

Advertising, displaying, or offering a price for a good or service that does not include all mandatory fees or charges other than:

(A)

Taxes or fees imposed by a government on the transaction; and

(B)

Postage or carriage charges that will be reasonably and actually incurred to ship the physical good to the consumer;

(13)

Make false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions, or the price in comparison to price of competitors or one's own price at a past or future time;

(14)

Falsely state that services, replacements, or repairs are needed;

(15)

Falsely state the reasons for offering or supplying goods or services at sale or discount prices;

(16)

Harass or threaten a consumer with any act other than legal process, either by telephone, cards, letters, or any form of electronic or social media;

(17)

Cease work on, or return after ceasing work on, an electrical or mechanical apparatus, appliance, chattel or other goods, or merchandise, in other than the condition contracted for, or to impose a separate charge to reassemble or restore such an object to such a condition without notification of such charge prior to beginning work on or receiving such object;

(18)

Replace parts or components in an electrical or mechanical apparatus, appliance, chattel or other goods, or merchandise when such parts or components are not defective, unless requested by the consumer;

(19)

Falsely state or represent that repairs, alterations, modifications, or servicing have been made and receiving remuneration therefor when they have not been made;

(20)

Fail to supply to a consumer a copy of a sales or service contract, lease, promissory note, trust agreement, or other evidence of indebtedness which the consumer may execute;

(21)

Make or enforce unconscionable terms or provisions of sales, leases, or any other form of consumer contract, agreement, or transaction; in applying this paragraph, consideration shall be given to the following, and other factors:

(A)

Knowledge by the merchant at the time credit sales are consummated that there was no reasonable probability of payment in full of the obligation by the consumer;

(B)

Knowledge by the merchant at the time of the sale or lease of the inability of the consumer to receive substantial benefits from the property or services sold or leased;

(C)

Gross disparity between the price of the property or services sold or leased and the value of the property or services measured by the price at which similar property or services are readily obtainable in transactions by like buyers or lessees;

(D)

That the merchant contracted for or received separate charges for insurance with respect to credit sales with the effect of making the sales, considered as a whole, unconscionable; and

(E)

That the merchant has knowingly taken advantage of the inability of the consumer reasonably to protect their interests in selecting or using the product or service by virtue of circumstances such as age, physical or mental abilities, lack of relevant knowledge, reading ability, or difficulty understanding the language of the agreement, or similar factors;

(22)

Pass off goods or services as those of another;

(23)

Use deceptive representations or designations of geographic origin in connection with goods or services;

(24)

Represent that the subject of a transaction has been supplied in accordance with a previous representation when it has not;

(25)

Misrepresent the authority of a salesman, representative or agent to negotiate the final terms of a transaction;

(26)

Offer for sale or distribute any consumer product which is not in conformity with an applicable consumer product safety standard or has been ruled a banned hazardous product under the Consumer Product Safety Act ("Act"), approved October 27, 1972 (86 Stat. 1207; 15 U.S.C. § 2051 et seq.), without holding a certificate issued in accordance with section 14(a) of the Act (15 U.S.C. § 2063), to the effect that such consumer product conforms to all applicable consumer product safety rules (unless the certificate holder knows that such consumer product does not conform), or without relying in good faith on the representation of the manufacturer or a distributor of such product that the product is not subject to a consumer product safety rule issued under the Act;

(27)

Sell consumer goods in a condition or manner not consistent with that warranted by operation of §§ 28:2-312 through 28:2-318, or by operation or requirement of federal law;

(28)

Retaliate against any person for:

(A)

Filing a consumer complaint with any agency tasked with the enforcement of these provisions;

(B)

Filing a lawsuit in court pursuant to this chapter;

(C)

Making any manner of complaint, grievance, or communication to a company accused of violating provisions of this chapter; or

(D)

Assisting or participating in any manner in an investigation, proceeding, or hearing under this chapter;

(29)

Materially interfere with the ability of a consumer to review or understand a term or condition of a consumer contract, agreement, or transaction; or

(30)

Take unreasonable advantage of:

(A)

A lack of understanding on the part of the consumer of the material risks, costs, or conditions of the product or service;

(B)

The inability of the consumer to protect their interests in selecting or using a consumer financial product or service; or

(C)

The reasonable reliance by the consumer on a merchant purporting to act in the interest of the consumer.

(b)

It shall be a violation of this chapter for any merchant to engage in a trade practice in violation of any law or regulation in the context of a consumer transaction, whether or not any consumer is in fact misled, deceived, or damaged thereby. Without limiting the general application of the foregoing, it is an unlawful trade practice prohibited by this chapter to:

(1)

Violate any provision of § 28-3818;

(2)

Violate any provision of § 28-3819 or, if a rental housing locator, to refuse or fail to honor any obligation under a rental housing locator contract;

(3)

Violate any provision of Chapter 46 of this title;

(4)

Violate any provision of §§ 32-404, 32-405, 32-406, or 32-407;

(5)

Refuse to provide the repairs, refunds, or replacement motor vehicles or fails to provide the disclosures of defects or damages required by [Chapter 5 of Title 50];

(6)

Violate any provision of §§ 42-2302 or 42-2303;

(7)

Violate any provision of Title 16 of the District of Columbia Municipal Regulations;

(8)

Violate any provision of Chapter 16A of Title 31;

(9)

Violate any provision of Chapter 33 of this title;

(10)

Violate any provision of [Chapter 24A of Title 42];

(11)

Fail to make a disclosure as required by § 26-1113(a-1);

(12)

Violate any provision of Chapter 53 of this title;

(13)

Violate any agreement entered into pursuant to § 28-3909(c)(6);

(14)

Violate any provision of Subchapter II of Chapter 38 of this title;

(15)

Violate any provision of Chapter 54 of this title;

(16)

Sell or offer for sale any infant formula product at a price greater than 20% above the average price at which that person sold or offered for sale a substantially similar infant formula product in the District during the 90-day period preceding February 17, 2022, or, if the person did not sell or offer for sale infant formula during the 90-day period preceding February 17, 2022, to sell or offer for sale any infant formula product at a price greater than 20% above the average price at which substantially similar retailers sold or offered for sale substantially similar infant formula products in the District during the 90-day period preceding February 17, 2022;

(17)

Violate any provision of § 28-3814;

(18)

Violate any provision of Title 12 of the District of Columbia Municipal Regulations; or

(19)

Violate any provision of § 29-102.01.

[(c)]

It shall be a violation of this chapter for a person, whether or not a merchant, to aid and knowingly or recklessly abet the commission of an unfair, deceptive, abusive, or unlawful trade practice by a merchant, and regardless of whether the manner in which the person aids and abets the unlawful action is itself a trade practice.