Code of the District of Columbia

§ 28–3871. COVID-19 Emergency credit alert.

*NOTE: This section was created by temporary legislation that will expire on February 4, 2022.*

(a) If a consumer reports in good faith that he or she has experienced financial hardship resulting directly or indirectly from the public health emergency declared pursuant to § 7-2304.01, a credit reporting agency maintaining a file on the consumer shall accept and include in that file a personal statement, if furnished by the consumer, indicating that the consumer has been financially impacted by the COVID-19 emergency and shall provide that personal statement along with or accompanying any credit report provided by the agency, beginning on the date of such request, unless the consumer requests that the personal statement be removed.

(b) This section shall not apply to a federal credit union, as defined 12 U.S.C. § 1752(1), a national bank, as defined by 12 U.S.C. § 25b(a)(1), or a federal savings association, as defined by 12 U.S.C. § 1462(3); except, that an exception granted by this subsection shall not apply to any entity to which the savings clause at 12 U.S.C. § 25b(b)(2) applies.

(c) No user of a credit report shall consider adverse information in a report that was the result of an action or inaction by a consumer that occurred during, and was directly or indirectly the result of, a public health emergency declared pursuant to § 7-2304.01 if the credit report includes a personal statement pursuant to subsection (a) of this section.

(d) When a District resident requests a copy of a credit report pursuant to 15 U.S.C. § 1681j, the entity providing the credit report must notify the resident of his or her right to request a personal statement to accompany the credit report.

(e) If a credit reporting agency violates this section, the affected consumer may bring a civil action consistent with 15 U.S.C. § 1681n.

(f)(1) The Attorney General may petition the Superior Court of the District of Columbia for temporary or permanent injunctive relief for, and for an award of damages for property loss or harm suffered by a consumer as a consequence of, a violation of this section, or fraudulent or deceptive conduct in violation of this section that harms a District resident.

(2) In an action under this section, the Attorney General may recover:

(A) A civil penalty not to exceed $1,000 for each violation; and

(B) Reasonable attorney's fees and costs of the action.

(g) The following terms shall have the same meaning as defined in § 28-3861:

(1) "Consumer;"

(2) "Credit report;" and

(3) "Credit reporting agency.["]

(h) This section shall not be construed in a manner inconsistent with 15 U.S.C. § 1681 et seq., or any other federal law or regulation.

(i) This section shall not be enforced until July 1, 2020.