1
1
Chairman Phil Mendelson 2
3
4
A BILL 5
6
_________________ 7
8
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9
10
______________ 11
12
To amend, on a temporary basis, section 28-3814 of the District of Columbia Official Code to 13
provide a definition of the term public utility, to ensure that public utilities can continue 14
to engage in certain practices related to customer contact and posting of notices for 15
disconnection of service pursuant to Chapter 3 of Title 15 of the District of Columbia 16
Municipal Regulations. 17
18
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 19
act may be cited as the “Protecting Consumers from Unjust Debt Collection Practices Technical 20
Clarification Temporary Amendment Act of 2023”. 21
Sec. 2. Section 28-3814 of the District of Columbia Official Code is amended as follows: 22
(a) Subsection (b) is amended by adding a new paragraph (9) to read as follows: 23
“(9) “Public utility” shall have the same meaning as set forth in § 34–214.”. 24
(b) Subsection (d)(5) is amended to read as follows: 25
“(5) visiting or threatening to visit the household of a consumer at any time for 26
the purpose of collecting a debt, other than for the purpose of serving process in a lawsuit or for 27
the purpose of a public utility contacting a utility customer pursuant to 15 DCMR § 312; and”. 28
(c) Subsection (e)(2) is amended to read as follows: 29
“(2) the disclosure, publication, or communication of information relating to a 30
consumer’s indebtedness to any relative, family member, friend, or neighbor of the consumer, 31
except: 32
2
“(A) through proper legal action or process; 33
“(B) in connection with a matter related to a deceased consumer’s estate; 34
“(C) in connection with a public utility posting a notice pursuant to 15 35
DCMR § 312 or 15 DCMR § 314; or 36
“(D) at the express and unsolicited request of the relative or family 37
member;”. 38
(d) Subsection (n)(1) is amended to read as follows: 39
“(n)(1) A debt collector who enters into a payment schedule or an agreement on terms to 40
resolve consumer debt shall send a written copy of the payment schedule or settlement 41
agreement to the consumer within 7 days; except, that the requirement to send a written copy of 42
the payment schedule or settlement agreement to the consumer shall not apply to a deferred 43
payment agreement entered into between a public utility and a utility customer pursuant to 15 44
DCMR § 306.”. 45
Sec. 3. Fiscal impact statement. 46
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 47
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 48
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 49
Sec. 4. Effective date. 50
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 51
the Mayor, action by the Council to override the veto), a 30-day period of congressional review 52
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 53
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 54
Columbia Register. 55
3
(b) This act shall expire after 225 days of its having taken effect. 56