District of Columbia Consumer Protection Laws: Lemon Law, Refunds, Repairs and Scams

D.C.'s lemon law covers new motor vehicles. Defects must be reported to the manufacturer, its agent or dealer within the first 18,000 miles or two years after delivery, whichever comes first, and must be fixed at no charge. A reasonable number of repair attempts is presumed if, in that period and after notice from the consumer, the same non-safety defect was repaired four or more times, a safety-related defect was repaired one or more times, or the vehicle was out of service 30 or more days in total, and the problem still exists. If a defect that significantly impairs the vehicle cannot be fixed, the manufacturer must, at the consumer's option, replace it with a comparable vehicle or refund the full purchase price including taxes and fees, minus up to 10 cents per mile for use beyond the first 12,000 miles and any damage not from normal wear. Any agreement waiving these rights is void.

A buyer may cancel a home solicitation sale (a cash or credit sale personally solicited at or near the buyer's home and agreed to there) until midnight of the third business day after signing. The seller must give a written agreement with a "BUYER'S RIGHT TO CANCEL" statement. Cancellation is by written notice in any form to the seller's address. A buyer who asks for immediate emergency service and signs a separate "Waiver of Right to Cancel" may lose the right once the seller has substantially begun performance.

The D.C. Consumer Protection Procedures Act (D.C. Code § 28-3901 et seq.) prohibits unfair and deceptive trade practices. A consumer may sue over a trade practice that violates D.C. law and recover treble damages or $1,500 per violation, whichever is greater, plus reasonable attorney's fees, punitive damages, an injunction and other relief.

During a natural-disaster emergency declared by the Mayor (for up to 30 days) or a declared public emergency, it is unlawful to charge more than your normal retail price for any goods or services. Higher prices are allowed only if directly due to added costs from suppliers or for labor or materials.

Consumer credit service organizations (credit repair businesses) must register with the District, paying a $300 registration fee and a $200 annual fee. They may not charge or receive payment before completing the agreed services unless they have a surety bond or trust account, may not charge just for referring a consumer to a lender offering ordinary terms, and may not make or advise false statements to credit bureaus or creditors.

The Attorney General advises checking that a home improvement contractor's license is valid and current with the District's licensing agency before signing, getting a detailed written contract that describes the work and the contractor's duty to get permits, never paying in full before the work is done, and, as a rule of thumb, negotiating a deposit of no more than one-third of the total. Complaints about contractors can go to the Attorney General.

A person or business that owns or licenses computerized or electronic personal information of D.C. residents must promptly notify affected residents after discovering a breach, in the most expedient time possible and without unreasonable delay, consistent with law enforcement needs and steps needed to determine the scope of the breach. The notice must describe the information involved and give contact information for the business, the major consumer reporting agencies (including how to get a free security freeze), the FTC and the D.C. Attorney General.

The Attorney General's Consumer and Tenant Response (CTR) unit mediates consumer complaints for free when the consumer lives in D.C. or the business is located or headquartered in D.C. Submit a complaint through the online complaint portal (preferred), call the hotline at 202-442-9828, or email consumer.protection@dc.gov. A paralegal or investigator will contact you; CTR does not provide individual legal representation.

1) Notice: the consumer must report the defect to the manufacturer, its agent or its authorized dealer within the first 18,000 miles or 2 years after delivery to the original purchaser, whichever comes first. If a dealer or agent receives the report, it must forward written notice to the manufacturer by certified mail within 7 days. 2) Final repair attempt: no separate final-repair step is described. 3) Arbitration is required: to seek a refund or replacement, the consumer must first file a claim with the D.C. Board of Consumer Claims Arbitration, using forms approved by the Mayor. The Board decides within 5 business days whether the claim qualifies, and a decision is due within 60 days after the Board accepts the case. The arbitrators may award lemon law relief and reasonable attorney's fees. Only if the Board rejects the case, or the consumer rejects the decision, may the consumer go to court. Any party may petition the court within 20 days after receiving the decision to vacate it and get a new trial. The Mayor may set reasonable filing fees by rule. 4) Deadline: any action under the lemon law must be started within 4 years after the vehicle was originally delivered to the consumer.