When utility companies break the law, DC residents should be allowed to seek relief from those illegal practices just as they would from any other company, argued an amicus brief filed on behalf of Tzedek DC and allies in the DC Court of Appeals.
The DC Council enacted the Consumer Protection Procedures Act (CPPA) in order to grant residents relief from unfair and deceptive trade practices. Although the utility companies PEPCO, Washington Gas, and Verizon DC were exempted from administrative action by the DC Department of Licensing and Consumer Protection (DLCP) as they were otherwise already regulated by the Public Service Commission, they remained subject to suit by DC consumers and public interest organizations according to the plain language of the statute.
However, a 2009 DC Court of Appeals decision (called Gomez) granted the utilities complete immunity from accountability under the CPPA by preventing entities other than DLCP from suing them for improper practices that would be actionable if committed by any other business. Tzedek DC and its fellow amici support the argument that the 2009 decision should be overruled in favor of the plain language of the statute.
PEPCO, Washington Gas Light Company, and Verizon DC each have significant market power in essential utilities. As the brief recaps, these utilities have some history of engaging in deceptive and unfair trade practices such as abusive debt collection tactics, improper or unfair utility shut-offs that did not follow required procedures, charging fees to allow customers to make their payments, overcharging for sustainable energy, and deceptively advertising their products as environmentally sustainable.
These issues are especially important because forty percent of District households with low incomes are financially strained by energy costs, and unaffordable utility bills resulted in nearly 15,000 gas or electricity shutoffs in District households in 2024. These companies’ current immunity from suit exacerbates these already high costs and places residents at severe and immediate risk of harm.
Tzedek DC, Legal Aid DC, the National Association of Consumer Advocates, and the Washington Lawyer’s Committee for Civil Rights and Urban Affairs, represented by Tycko & Zavareei LLP and Bailey & Glasser LLP, submitted an amicus brief urging a full en banc review by the DC Court of Appeals to overturn this 2009 decision and return the right to seek relief to public interest organizations and DC consumers.
About Tzedek DC
Tzedek DC’s name is drawn from the ancient Jewish teaching “Tzedek, tzedek tirdof,” or “Justice, justice you shall pursue.” Headquartered at the University of the District of Columbia David A. Clarke School of Law and with offices also in Ward 8, Tzedek DC’s mission is to safeguard the legal rights and financial health of DC residents with lower incomes facing the often-devastating consequences of debt collection and credit-related obstacles. This mission is carried out as anti-racism work in response to the massive wealth gaps tracking race in DC and nationwide. Tzedek DC seeks to serve and empower our client base, which is comprised of 90% Black people, 60% women, and 25% disabled community members. Our strategic approach combines three synergistic activities: (i) free direct services—legal representation and advice and financial counseling; (ii) working in coalition to make systemic change; and (iii) providing bilingual community legal education on debt collection, identity theft, and credit management.