Consumer Protection
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 the certificate-of-merit and expert apparatus of a malpractice claim.
The Court of Appeals continues to cite the decision. Read more →
Referring lawyers: we welcome CPPA referrals and co-counsel arrangements.
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.
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.