(1) Any claim for relief brought against a person primarily engaged in the business of selling or leasing goods or services, if the statement or conduct from which the claim arises is:
(A) A representation of fact made for the purpose of promoting, securing, or completing sales or leases of, or commercial transactions in, the person's goods or services; and
(B) The intended audience is an actual or potential buyer or customer; and
(2) Any claim brought by the District government, including District public charter schools.
(b) Subsection (a)(2) of this section shall apply:
(1) As of March 31, 2011; and
(2) To any claims pending as of [November 8, 2021].