Consumer Law

Representational plaintiff status lives!

By Stephen Gardner

Despite the best efforts of many defense firms, the DC consumer protection law retains its unique status of being the only true "private attorney general" law in the country. (California used to share this distinction, until a ballot initiative rewrote its Business & Professions Code Section 17200 to take away representational plaintiff standing, instead creating a standing requirement that is probably a little harder to meet than standing in federal court.)

The DC Court of Appeals issued an opinion last week that affirms what was always pretty clear to those of us fighting the good fight:

"We agree that the 2000 Amendments to the CPPA [DC's consumer law] permit [Plaintiff] to pursue his CPPA claim on behalf of himself and the general public regardless of whether he has experienced an injury in fact as a result of the appellees? trade practices."

The court was also quite clear that Article III standing was not mandatory outside of federal court--the Court held that it ?is not bound by the case or controversy requirement of Article III.?

I know, DC doesn't have all that many consumers, but the CPPA allows injunctive relief, which is often all that's needed to stop a deceptive practice that's going on all across this great country.

Huzzah, I say, huzzah!

Full post as published by CL&P Blog on September 23, 2009 (boomark / email).