§ 27–104. Merchant’s options.

(a) A merchant who suffers damages as a result of fraud, shoplifting, or theft, may recover the damages by submitting written demand to the alleged offender or the parent or guardian of a juvenile alleged offender.

(b) The written demand shall:

(1) Be delivered or mailed to the alleged offender, or parent or guardian of a juvenile alleged offender, at least 30 days prior to the filing of any suit for damages;

(2) Specify the alleged criminal conduct and the damages incurred as a result of the conduct;

(3) Specify the amount which the merchant is entitled to receive under this subchapter and that if payment of this amount is made in accordance with the written demand or the terms of a written agreement between the merchant and the alleged offender or the parent or guardian of the juvenile alleged offender, within 30 days of the date of service of the demand, the merchant may bring suit for damages; and

(4) Specify that if payment of the specified amount is not made, an agreement of payments is not reached, or payments are not made in accordance with the terms of an agreement, within 30 days of the date of service of the demand, the merchant may bring a suit for damages.

(c) When the merchant receives payment of the specified amount or payment in accordance with the agreement for payments, the merchant shall deliver or mail an acknowledgement of payment letter to the alleged offender within 5 business days of receipt of payment.

(May 16, 1992, D.C. Law 9-98, § 5, 39 DCR 678; July 22, 1992, D.C. Law 9-132, § 4(b), (c), 39 DCR 4058; Sept. 29, 1992, D.C. Law 9-163, § 5(b)-(d), 39 DCR 5705.)

Prior Codifications

1981 Ed., § 3-444.

Emergency Legislation

For temporary addition of chapter, see §§ 2-7 of the Merchant’s Civil Recovery for Criminal Conduct Emergency Act of 1991 (D.C. Act 9-110, November 25, 1991, 38 DCR 7304).

For temporary addition of chapter, see §§ 2-7 of the Merchant’s Civil Recovery for Criminal Conduct Congressional Recess Emergency Act of 1992 (D.C. Act 9-155, February 21, 1992, 39 DCR 1354).

Temporary Legislation

For D.C. Law 9-97, see note to § 27-101.

Section 4(c) of D.C. Law 9-132 added (b)(4).

Section 5(b) of D.C. Law 9-132 provided that the act shall expire on the 225th day of its having taken effect.

Editor's Notes

Because of the codification of D.C. Law 20-34 as subchapter II of this chapter, and the designation of the preexisting text of Chapter 1 as subchapter I, “subchapter” has been substituted for “chapter”, where applicable, in this section.