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Chairman Phil Mendelson 2
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A BILL 5
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9
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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
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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 2024”. 21
Sec. 2. Section 28-3814 of the District of Columbia Official Code is amended as follows: 22
(a) Subsection (a) is amended to read as follows: 23
“(a)(1) This section applies to conduct and practices in connection with the collection of 24
obligations arising from any consumer debt (other than a loan directly secured on real estate or a 25
direct motor vehicle installment loan covered by Chapter 36 of this title). 26
“(2) This section shall apply to public utilities as of May 2, 2023.”. 27
(b) Subsection (b) is amended by adding a new paragraph (9) to read as follows: 28
“(9) “Public utility” shall have the same meaning as set forth in § 34–214.”. 29
(c) Subsection (d)(5) is amended to read as follows: 30
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“(5) visiting or threatening to visit the household of a consumer at any time for 31
the purpose of collecting a debt, other than for the purpose of serving process in a lawsuit or for 32
the purpose of a public utility contacting a utility customer pursuant to 15 DCMR § 312; and”. 33
(d) Subsection (e)(2) is amended to read as follows: 34
“(2) the disclosure, publication, or communication of information relating to a 35
consumer’s indebtedness to any relative, family member, friend, or neighbor of the consumer, 36
except: 37
“(A) through proper legal action or process; 38
“(B) in connection with a matter related to a deceased consumer’s estate; 39
“(C) in connection with a public utility posting a notice pursuant to 15 40
DCMR § 312 or 15 DCMR § 314; or 41
“(D) at the express and unsolicited request of the relative or family 42
member;”. 43
(e) Subsection (n)(1) is amended to read as follows: 44
“(n)(1) A debt collector who enters into a payment schedule or an agreement on terms to 45
resolve consumer debt shall send a written copy of the payment schedule or settlement 46
agreement to the consumer within 7 days; except, that the requirement to send a written copy of 47
the payment schedule or settlement agreement to the consumer shall not apply to a deferred 48
payment agreement entered into between a public utility and a utility customer pursuant to 15 49
DCMR § 306.”. 50
Sec. 3. Applicability. 51
This act shall apply as of January 1, 2023. 52
Sec. 4. Fiscal impact statement. 53
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The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 54
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 55
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 56
Sec. 5. Effective date. 57
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 58
the Mayor, action by the Council to override the veto), a 30-day period of congressional review 59
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 60
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 61
Columbia Register. 62
(b) This act shall expire after 225 days of its having taken effect. 63