ENGROSSED ORIGINAL
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A BILL 1
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25-90 3
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
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To amend, on a temporary basis, section 28- 3814 of the District of Columbia Official Code to 10
provide a definition of the term public utility, to ensure that public utilities can continue 11
to engage in certain practices related to customer contact and posting of notices for 12
disconnection of service pursuant to Chapter 3 of Title 15 of the District of Columbia 13
Municipal Regulations. 14
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 16
act may be cited as the “ Protecting Consumers from Unjust Debt Collection Practices Technical 17
Clarification Temporary Amendment Act of 2023 ”. 18
Sec. 2. Section 28- 3814 of the District of Columbia Official Code is amended as follows: 19
(a) Subsection (a) is amended to read as follows: 20
“(a)(1) This section applies to conduct and practices in connection with the collection of 21
obligations arising from any consumer debt (other than a loan directly secured on real estate or a 22
direct motor vehicle installment loan covered by Chapter 36 of this title) 23
“(2) This section shall apply to public utilities as of May 2, 2023.”. 24
(a-1) Subsection (b) is amended by adding a new paragraph (9) to read as follows: 25
“(9) “Public utility” shall have the same meaning as set forth in § 34–214.”. 26
(b) Subsection (d)(5) is amended to read as follows: 27 ENGROSSED ORIGINAL
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“(5) visiting or threatening to visit the household of a consumer at any time for 28
the purpose of collecting a debt, other than for the purpose of serving process in a lawsuit or for 29
the purpose of a public utility contacting a utility customer pursuant to 15 DCMR § 312; and”. 30
(c) Subsection (e)(2) is amended to read as follows: 31
“(2) the disclosure, publication, or communication of information relating to a 32
consumer’s indebtedness to any relative, family member, friend, or neighbor of the consumer, 33
except: 34
“(A) through proper legal action or process; 35
“(B) in connection with a matter related to a deceased consumer’s estate; 36
“(C) in connection with a public utility posting a notice pursuant to 15 37
DCMR § 312 or 15 DCMR § 314; or 38
“(D) at the express and unsolicited request of the relative or family 39
member;”. 40
(d) Subsection (n)(1) is amended to read as follows: 41
“(n)(1) A debt collector who enters into a payment schedule or an agreement on terms to 42
resolve consumer debt shall send a written copy of the payment schedule or settlement 43
agreement to the consumer within 7 days; except, that the requirement to send a written copy of 44
the payment schedule or settlement agreement to the consumer shall not apply to a deferred 45
payment agreement entered into between a public utility and a utility customer pursuant to 15 46
DCMR § 306.”. 47 ENGROSSED ORIGINAL
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Sec. 3. Fiscal impact statement. 48
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 49
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 50
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
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Sec. 4. Effective date. 52
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 53
the Mayor, action by the Council to override the veto), a 30- day period of congressional review 54
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 55
24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 56
Columbia Register. 57
(b) This act shall expire after 225 days of its having taken effect. 58