The District of Columbia’s Court of Appeals has asked for the District’s Attorney General’s views on the scope and enforceability of the D.C. Consumer Protection and Procedures Act. The case is Donald Rotunda v. Marriott International, 14-CV-0618 (D.C. Court of Appeals). The appeal raises several issues on the reach of the D.C. Consumer Protection and Procedures Act and the remedies available to claims brought by an individual representing the interests of the general public. The Panel has invited the District of Columbia to address: (1) whether an individual plaintiff may bring an action for money damages on behalf of the general public without complying with the requirements for the certification of a class under Superior Court Rule of Civil Procedure 23; and (2) whether a “consumer” under the CPPA, includes persons who purchase consumer goods for their personal use while travelling for business purposes.
Briefing by the parties to this appeal was completed in December 2014. The District of Columbia is directed to file its amicus brief by early May, with the parties filing simultaneous responses within fourteen days of the amicus. The D.C. Court of Appeals intends to schedule the case for oral argument in late May or early June 2015.
Briefs available for review: