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Last updated October 2026

Consumer Protection

Posey Lebowitz litigates claims under the D.C. Consumer Protection Procedures Act in the Superior Court of the District of Columbia. The statute reaches misrepresentations and material omissions about consumer goods and services, including medical services, and it provides treble damages or $1,500 per violation, whichever is greater, plus attorney's fees.

We did not just litigate this statute. We helped define it.

The D.C. Consumer Protection Procedures Act reaches misrepresentations and material omissions made to consumers in connection with goods and services. It provides treble damages and attorney's fees. And it is broader than most people (including most lawyers) assume.

In Frankeny v. District Hospital Partners, LP, 225 A.3d 999 (D.C. 2020), we argued and won a published decision holding that a CPPA plaintiff need not prove a misrepresentation was intentional under D.C. Code § 28-3904(a) and (d), and that there is no “entrepreneurial nexus” requirement for consumer claims against medical providers, expressly declining to follow the contrary federal line of authority.

The practical consequence is significant. What a provider tells a consumer about who will deliver a purchased service is a consumer representation, and it is actionable under the statute without proving the standard of care, breach, and causation that a malpractice claim requires.

The Court of Appeals continues to cite the decision. Read more →

Referring lawyers: we welcome CPPA referrals and co-counsel arrangements.

Frequently asked questions

What does the D.C. Consumer Protection Procedures Act cover?

Unfair and deceptive trade practices involving consumer goods and services in the District, including misrepresenting a material fact or failing to state one (D.C. Code § 28-3904). A violation does not require that any consumer actually was misled or damaged. The statute also applies to trade practices arising from landlord-tenant relations (§ 28-3905(k)(6)).

What can I recover under the CPPA?

Treble damages or $1,500 per violation, whichever is greater, plus reasonable attorney's fees (D.C. Code § 28-3905(k)(2)). Courts may also award punitive damages, an injunction against the practice, and other proper relief.

Do I have to prove the business meant to mislead me?

Not for most misrepresentation claims. The D.C. Court of Appeals has held that a consumer need not prove intentional misrepresentation under D.C. Code § 28-3904(a), (d), (e), and (f) (Frankeny v. District Hospital Partners, LP, 225 A.3d 999 (D.C. 2020)). The consumer must still show the misrepresentation or omission was material.

Does the CPPA apply to doctors and hospitals?

Yes. In Frankeny, the D.C. Court of Appeals rejected any requirement that a CPPA claim against a medical provider show an 'entrepreneurial nexus,' and explained that a CPPA claim does not require proof of the standard of care, breach, and causation that a malpractice claim does. A hospital's failure to disclose who would perform a patient's surgery was enough to go to trial.

Where are CPPA lawsuits filed?

The statute directs that claims under it be brought in the Superior Court of the District of Columbia (D.C. Code § 28-3905(k)(2)).

Talk to a D.C. consumer protection lawyer

CPPA claims are filed in the Superior Court of the District of Columbia, and the facts behind them fade quickly. Call us to talk through what you were told and what you received.

Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007

Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.

More than $32 million recovered.

Plus more than $22 million in other assets.

Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.

See the results →

These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.