Washington Lawyer - November/December 2022 - 17

FEATURE
another account-specific affidavit that includes the chain of title. The
intent is to prevent a common practice of debt buyers: to rely solely on
affidavits from a debt buyer employee who lacks personal knowledge of
information about the account.
Expanded Private Right of Action. The District's 1972 Debt Collection
Act has always had a private right of action, but it applied only to " willful "
violations of the law and did not provide for statutory damages or include
a fee-shifting provision. Under the amended private right of action
in subsection (u), a debt collector that violates any provision of the act
may be liable to the consumer for actual damages, costs, attorney's fees,
punitive damages, and a penalty of between $500 and $4,000 per
violation.
TOWARD A MORE EQUITABLE LAW
The District's new debt collection law comes at a pivotal time for D.C.
residents dealing with the lasting financial impact of the pandemic and
an uneven economic recovery. Nearly 26 percent of all District residents
have debt in collections, according to the Racial Equity Impact Assessment
mentioned previously. And the Committee Report accompanying
Bill 24-0357 cites statistics showing that most defendants in Superior
Court debt collection cases live in the District's majority-Black
communities. Against this backdrop, the new law is an overdue attempt
at a more equitable post-pandemic recovery for Black and Latino D.C.
residents.
The Protecting Consumers From Unjust Debt Collection Practices
Amendment Act of 2022 is landmark legislation. It vastly expands the
scope of the old law to encompass all forms of consumer debt, protects
consumers against unfair and abusive practices throughout the debt
collection process, and sets out new judicial process provisions that will
require debt collectors to provide the consumer with meaningful information
about the alleged debt; to inform them that their income may be
protected from garnishment; and to produce evidence of ownership,
liability, and amount from witnesses with personal knowledge of the
debt.
Thomas Papson is a volunteer staff attorney in the Consumer Law Unit of the
Legal Aid Society of the District of Columbia.
NOVEMBER/DECEMBER 2022
* WASHINGTON LAWYER 17
http://withum.com/legal

Washington Lawyer - November/December 2022

Table of Contents for the Digital Edition of Washington Lawyer - November/December 2022

Your Voice
From Our President
Practice Management
Toward Well-Being
Planting the Seeds: Pro Bono Helps Nonprofits Flourish
A Primer on D.C.’s New Debt Collection Law
Eviction Writ Quashing: Last Line of Defense for Tenants
Employment Law Implications of Dobbs
How Immigration Can Help Solve the U.S. Pilot Shortage
Ten Things You Might Have Forgotten Since the Pandemic
SPECIAL SECTION Young Lawyers Bring Passion to Public Interest Work
Attorney Briefs
Taking the Stand
Disciplinary Summaries
On Further Review
Member Spotlight
Worth Reading
Speaking of Ethics
The Learning Curve
The Pro Bono Effect
A Slice of Wry
Washington Lawyer - November/December 2022 - Cover1
Washington Lawyer - November/December 2022 - Cover2
Washington Lawyer - November/December 2022 - 1
Washington Lawyer - November/December 2022 - 2
Washington Lawyer - November/December 2022 - 3
Washington Lawyer - November/December 2022 - 4
Washington Lawyer - November/December 2022 - Your Voice
Washington Lawyer - November/December 2022 - 6
Washington Lawyer - November/December 2022 - From Our President
Washington Lawyer - November/December 2022 - Practice Management
Washington Lawyer - November/December 2022 - Toward Well-Being
Washington Lawyer - November/December 2022 - Planting the Seeds: Pro Bono Helps Nonprofits Flourish
Washington Lawyer - November/December 2022 - 11
Washington Lawyer - November/December 2022 - 12
Washington Lawyer - November/December 2022 - 13
Washington Lawyer - November/December 2022 - A Primer on D.C.’s New Debt Collection Law
Washington Lawyer - November/December 2022 - 15
Washington Lawyer - November/December 2022 - 16
Washington Lawyer - November/December 2022 - 17
Washington Lawyer - November/December 2022 - Eviction Writ Quashing: Last Line of Defense for Tenants
Washington Lawyer - November/December 2022 - 19
Washington Lawyer - November/December 2022 - Employment Law Implications of Dobbs
Washington Lawyer - November/December 2022 - 21
Washington Lawyer - November/December 2022 - How Immigration Can Help Solve the U.S. Pilot Shortage
Washington Lawyer - November/December 2022 - 23
Washington Lawyer - November/December 2022 - 24
Washington Lawyer - November/December 2022 - 25
Washington Lawyer - November/December 2022 - Ten Things You Might Have Forgotten Since the Pandemic
Washington Lawyer - November/December 2022 - 27
Washington Lawyer - November/December 2022 - 28
Washington Lawyer - November/December 2022 - 29
Washington Lawyer - November/December 2022 - SPECIAL SECTION Young Lawyers Bring Passion to Public Interest Work
Washington Lawyer - November/December 2022 - 31
Washington Lawyer - November/December 2022 - 32
Washington Lawyer - November/December 2022 - Attorney Briefs
Washington Lawyer - November/December 2022 - Taking the Stand
Washington Lawyer - November/December 2022 - 35
Washington Lawyer - November/December 2022 - Disciplinary Summaries
Washington Lawyer - November/December 2022 - 37
Washington Lawyer - November/December 2022 - On Further Review
Washington Lawyer - November/December 2022 - 39
Washington Lawyer - November/December 2022 - Member Spotlight
Washington Lawyer - November/December 2022 - 41
Washington Lawyer - November/December 2022 - Worth Reading
Washington Lawyer - November/December 2022 - 43
Washington Lawyer - November/December 2022 - Speaking of Ethics
Washington Lawyer - November/December 2022 - 45
Washington Lawyer - November/December 2022 - The Learning Curve
Washington Lawyer - November/December 2022 - The Pro Bono Effect
Washington Lawyer - November/December 2022 - 48
Washington Lawyer - November/December 2022 - 49
Washington Lawyer - November/December 2022 - 50
Washington Lawyer - November/December 2022 - 51
Washington Lawyer - November/December 2022 - A Slice of Wry
Washington Lawyer - November/December 2022 - Cover3
Washington Lawyer - November/December 2022 - Cover4
https://washingtonlawyer.dcbar.org/marchapril2024
https://washingtonlawyer.dcbar.org/januaryfebruary2024
https://washingtonlawyer.dcbar.org/novemberdecember2022
https://washingtonlawyer.dcbar.org/novemberdecember2022
https://washingtonlawyer.dcbar.org/novemberdecember2022
https://washingtonlawyer.dcbar.org/novemberdecember2022
https://washingtonlawyer.dcbar.org/novemberdecember2022
https://washingtonlawyer.dcbar.org/novemberdecember2022
https://washingtonlawyer.dcbar.org/novemberdecember2022
https://washingtonlawyer.dcbar.org/januaryfebruary2022
https://washingtonlawyer.dcbar.org/januaryfebruary2022
https://washingtonlawyer.dcbar.org/januaryfebruary2022
https://washingtonlawyer.dcbar.org/januaryfebruary2022
https://washingtonlawyer.dcbar.org/januaryfebruary2022
https://washingtonlawyer.dcbar.org/novemberdecember2021
https://washingtonlawyer.dcbar.org/julyaugust2021
https://washingtonlawyer.dcbar.org/julyaugust2021
https://washingtonlawyer.dcbar.org/marchapril2021
https://washingtonlawyer.dcbar.org/marchapril2021
http://washingtonlawyer.dcbar.org/novemberdecember2020
https://washingtonlawyer.dcbar.org/novemberdecember2020
https://washingtonlawyer.dcbar.org/septemberoctober2020
https://washingtonlawyer.dcbar.org/julyaugust2020
https://washingtonlawyer.dcbar.org/june2020
https://washingtonlawyer.dcbar.org/may2020
https://washingtonlawyer.dcbar.org/march2020
https://washingtonlawyer.dcbar.org/january2020
https://washingtonlawyer.dcbar.org/november2019
https://washingtonlawyer.dcbar.org/october2019
https://washingtonlawyer.dcbar.org/september2019
https://washingtonlawyer.dcbar.org/julyaugust2019
https://washingtonlawyer.dcbar.org/june2019
https://washingtonlawyer.dcbar.org/may2019
https://washingtonlawyer.dcbar.org/april2019
https://washingtonlawyer.dcbar.org/march2019
https://washingtonlawyer.dcbar.org/january2019
https://washingtonlawyer.dcbar.org/november2018
https://washingtonlawyer.dcbar.org/november2018
https://washingtonlawyer.dcbar.org/november2018
https://washingtonlawyer.dcbar.org/august2018
https://washingtonlawyer.dcbar.org/august2018
https://washingtonlawyer.dcbar.org/June/July2018
https://washingtonlawyer.dcbar.org/april2018
https://washingtonlawyer.dcbar.org/March2018
https://washingtonlawyer.dcbar.org/February2018
https://washingtonlawyer.dcbar.org/january2018
http://washingtonlawyer.dcbar.org/december2017
http://washingtonlawyer.dcbar.org/November2017
http://washingtonlawyer.dcbar.org/september 2017
http://washingtonlawyer.dcbar.org/september 2017
http://washingtonlawyer.dcbar.org/august2017
http://washingtonlawyer.dcbar.org/july2017
http://washingtonlawyer.dcbar.org/June2017
http://washingtonlawyer.dcbar.org/may2017
http://washingtonlawyer.dcbar.org/april2017
http://washingtonlawyer.dcbar.org/march2017
http://washingtonlawyer.dcbar.org/february2017
http://washingtonlawyer.dcbar.org/january2017
http://washingtonlawyer.dcbar.org/december2016
http://washingtonlawyer.dcbar.org/november2016/
http://washingtonlawyer.dcbar.org/october2016
http://washingtonlawyer.dcbar.org/september2016
https://www.nxtbookmedia.com