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State2009 Statute Number 2009 Statute Language2010 Statute Number 2010 Statute Language

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MarylandMd. Com. L. Code Ann. § 13-101. Definitions(a)In general. -- In this title the following words have the meanings indicated.

(b) Advertisement. --

(1) "Advertisement" means the publication, dissemination, or circulation of any oral or written matter, including labeling, which directly or indirectly tends to induce a person to enter into an obligation, sign a contract, or acquire title or interest in any merchandise, real property, intangibles, or service.

(2) "Advertisement" includes every device to disguise any form of business solicitation by using:

(i) A word such as "renewal", "invoice", "bill", "statement", or "reminder" to create an impression of an existing obligation if there is none; or

(ii) Other language to mislead a person in relation to a proposed commercial transaction.

(c) Consumer. --

(1) "Consumer" means an actual or prospective purchaser, lessee, or recipient of consumer goods, consumer services, consumer realty, or consumer credit.

(2) "Consumer" includes:

(i) A co-obligor or surety for a consumer;

(ii) A licensee or recipient of computer information or computer programs under a consumer contract as defined in § 22-102 of this article; or

(d) Consumer credit, debts, goods, realty, and services. -- "Consumer credit", "consumer debts", "consumer goods", "consumer realty", and "consumer services" mean, respectively, credit, debts or obligations, goods, real property, and services which are primarily for personal, household, family, or agricultural purposes.

(e) Division. -- "Division" means the Division of Consumer Protection of the Office of the Attorney General.

(f) Merchandise. -- "Merchandise" means any commodity, object, wares, or goods.

(g) Merchant. --

(1) "Merchant" means a person who directly or indirectly either offers or makes available to consumers any consumer goods, consumer services, consumer realty, or consumer credit.

(h) Person. -- "Person" includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(i) Sale. -- "Sale" includes any:

(1) Sale of or offer or attempt to sell merchandise, real property, or intangibles for cash or credit; or

(2) Service or offer for service which relates to any person, building, or equipment.

(j) Service. -- "Service" means any:

(1) Building repair or improvement service;

(2) Subprofessional service;

(3) Repair of a motor vehicle, home appliance, or other similar commodity; or

(4) Repair, installation, or other servicing of any plumbing, heating, electrical, or mechanical device.

(k) Unfair or deceptive trade practice. -- "Unfair or deceptive trade practice" has the meaning stated in Subtitle 3 of this title
Md. Com. L. Code Ann. § 13-101. Definitions(a)In general. -- In this title the following words have the meanings indicated.

(b) Advertisement. --

(1) "Advertisement" means the publication, dissemination, or circulation of any oral or written matter, including labeling, which directly or indirectly tends to induce a person to enter into an obligation, sign a contract, or acquire title or interest in any merchandise, real property, intangibles, or service.

(2) "Advertisement" includes every device to disguise any form of business solicitation by using:

(i) A word such as "renewal", "invoice", "bill", "statement", or "reminder" to create an impression of an existing obligation if there is none; or

(ii) Other language to mislead a person in relation to a proposed commercial transaction.

(c) Consumer. --

(1) "Consumer" means an actual or prospective purchaser, lessee, or recipient of consumer goods, consumer services, consumer realty, or consumer credit.

(2) "Consumer" includes:

(i) A co-obligor or surety for a consumer;

(ii) A licensee or recipient of computer information or computer programs under a consumer contract as defined in § 22-102 of this article; or

(d) Consumer credit, debts, goods, realty, and services. -- "Consumer credit", "consumer debts", "consumer goods", "consumer realty", and "consumer services" mean, respectively, credit, debts or obligations, goods, real property, and services which are primarily for personal, household, family, or agricultural purposes.

(e) Division. -- "Division" means the Division of Consumer Protection of the Office of the Attorney General.

(f) Merchandise. -- "Merchandise" means any commodity, object, wares, or goods.

(g) Merchant. --

(1) "Merchant" means a person who directly or indirectly either offers or makes available to consumers any consumer goods, consumer services, consumer realty, or consumer credit.

(h) Person. -- "Person" includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(i) Sale. -- "Sale" includes any:

(1) Sale of or offer or attempt to sell merchandise, real property, or intangibles for cash or credit; or

(2) Service or offer for service which relates to any person, building, or equipment.

(j) Service. -- "Service" means any:

(1) Building repair or improvement service;

(2) Subprofessional service;

(3) Repair of a motor vehicle, home appliance, or other similar commodity; or

(4) Repair, installation, or other servicing of any plumbing, heating, electrical, or mechanical device.

(k) Unfair or deceptive trade practice. -- "Unfair or deceptive trade practice" has the meaning stated in Subtitle 3 of this title

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Md. Com. L. Code Ann. § 13-101.1 DefinitionsThe provisions of this title apply to the subject matter of a consumer contract as defined in § 22-102 of this article in the same manner they apply to consumer goods and consumer services.
Md. Com. L. Code Ann. § 13-101.1 DefinitionsThe provisions of this title apply to the subject matter of a consumer contract as defined in § 22-102 of this article in the same manner they apply to consumer goods and consumer services.

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Md. Com. L. Code Ann. § 13-102. Definitions(a)Findings. --

(1) The General Assembly of Maryland finds that consumer protection is one of the major issues which confront all levels of government, and that there has been mounting concern over the increase of deceptive practices in connection with sales of merchandise, real property, and services and the extension of credit.

(2) The General Assembly recognizes that there are federal and State laws which offer protection in these areas, especially insofar as consumer credit practices are concerned, but it finds that existing laws are inadequate, poorly coordinated and not widely known or adequately enforced.

(3) The General Assembly of Maryland also finds, as a result of public hearings in some of the metropolitan counties during the 1973 interim, that improved enforcement procedures are necessary to help alleviate the growing problem of deceptive consumer practices and urges that favorable consideration be given to requests for increased budget allocation for increases in staff and other measures tending to improve the enforcement capabilities or increase the authority of the Division.

(b) Purpose. --

(1) It is the intention of this legislation to set certain minimum statewide standards for the protection of consumers across the State, and the General Assembly strongly urges that local subdivisions which have created consumer protection agencies at the local level encourage the function of these agencies at least to the minimum level set forth in the standards of this title.

(2) The General Assembly is concerned that public confidence in merchants offering goods, services, realty, and credit is being undermined, although the majority of business people operate with integrity and sincere regard for the consumer.

(3) The General Assembly concludes, therefore, that it should take strong protective and preventive steps to investigate unlawful consumer practices, to assist the public in obtaining relief from these practices, and to prevent these practices from occurring in Maryland. It is the purpose of this title to accomplish these ends and thereby maintain the health and welfare of the citizens of the State.
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Md. Com. L. Code Ann. § 13-102. Definitions(a)Findings. --

(1) The General Assembly of Maryland finds that consumer protection is one of the major issues which confront all levels of government, and that there has been mounting concern over the increase of deceptive practices in connection with sales of merchandise, real property, and services and the extension of credit.

(2) The General Assembly recognizes that there are federal and State laws which offer protection in these areas, especially insofar as consumer credit practices are concerned, but it finds that existing laws are inadequate, poorly coordinated and not widely known or adequately enforced.

(3) The General Assembly of Maryland also finds, as a result of public hearings in some of the metropolitan counties during the 1973 interim, that improved enforcement procedures are necessary to help alleviate the growing problem of deceptive consumer practices and urges that favorable consideration be given to requests for increased budget allocation for increases in staff and other measures tending to improve the enforcement capabilities or increase the authority of the Division.

(b) Purpose. --

(1) It is the intention of this legislation to set certain minimum statewide standards for the protection of consumers across the State, and the General Assembly strongly urges that local subdivisions which have created consumer protection agencies at the local level encourage the function of these agencies at least to the minimum level set forth in the standards of this title.

(2) The General Assembly is concerned that public confidence in merchants offering goods, services, realty, and credit is being undermined, although the majority of business people operate with integrity and sincere regard for the consumer.

(3) The General Assembly concludes, therefore, that it should take strong protective and preventive steps to investigate unlawful consumer practices, to assist the public in obtaining relief from these practices, and to prevent these practices from occurring in Maryland. It is the purpose of this title to accomplish these ends and thereby maintain the health and welfare of the citizens of the State.
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Md. Com. L. Code Ann. § 13-102. Definitions(a)Findings. --

(1) The General Assembly of Maryland finds that consumer protection is one of the major issues which confront all levels of government, and that there has been mounting concern over the increase of deceptive practices in connection with sales of merchandise, real property, and services and the extension of credit.

(2) The General Assembly recognizes that there are federal and State laws which offer protection in these areas, especially insofar as consumer credit practices are concerned, but it finds that existing laws are inadequate, poorly coordinated and not widely known or adequately enforced.

(3) The General Assembly of Maryland also finds, as a result of public hearings in some of the metropolitan counties during the 1973 interim, that improved enforcement procedures are necessary to help alleviate the growing problem of deceptive consumer practices and urges that favorable consideration be given to requests for increased budget allocation for increases in staff and other measures tending to improve the enforcement capabilities or increase the authority of the Division.

(b) Purpose. --

(1) It is the intention of this legislation to set certain minimum statewide standards for the protection of consumers across the State, and the General Assembly strongly urges that local subdivisions which have created consumer protection agencies at the local level encourage the function of these agencies at least to the minimum level set forth in the standards of this title.

(2) The General Assembly is concerned that public confidence in merchants offering goods, services, realty, and credit is being undermined, although the majority of business people operate with integrity and sincere regard for the consumer.

(3) The General Assembly concludes, therefore, that it should take strong protective and preventive steps to investigate unlawful consumer practices, to assist the public in obtaining relief from these practices, and to prevent these practices from occurring in Maryland. It is the purpose of this title to accomplish these ends and thereby maintain the health and welfare of the citizens of the State.
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Md. Com. L. Code Ann. § 13-102. Definitions(a)Findings. --

(1) The General Assembly of Maryland finds that consumer protection is one of the major issues which confront all levels of government, and that there has been mounting concern over the increase of deceptive practices in connection with sales of merchandise, real property, and services and the extension of credit.

(2) The General Assembly recognizes that there are federal and State laws which offer protection in these areas, especially insofar as consumer credit practices are concerned, but it finds that existing laws are inadequate, poorly coordinated and not widely known or adequately enforced.

(3) The General Assembly of Maryland also finds, as a result of public hearings in some of the metropolitan counties during the 1973 interim, that improved enforcement procedures are necessary to help alleviate the growing problem of deceptive consumer practices and urges that favorable consideration be given to requests for increased budget allocation for increases in staff and other measures tending to improve the enforcement capabilities or increase the authority of the Division.

(b) Purpose. --

(1) It is the intention of this legislation to set certain minimum statewide standards for the protection of consumers across the State, and the General Assembly strongly urges that local subdivisions which have created consumer protection agencies at the local level encourage the function of these agencies at least to the minimum level set forth in the standards of this title.

(2) The General Assembly is concerned that public confidence in merchants offering goods, services, realty, and credit is being undermined, although the majority of business people operate with integrity and sincere regard for the consumer.

(3) The General Assembly concludes, therefore, that it should take strong protective and preventive steps to investigate unlawful consumer practices, to assist the public in obtaining relief from these practices, and to prevent these practices from occurring in Maryland. It is the purpose of this title to accomplish these ends and thereby maintain the health and welfare of the citizens of the State.
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Md. Com. L. Code Ann. § 13-103. Legislative intent; local provisions; enforcement.(a) Intent. -- This title is intended to provide minimum standards for the protection of consumers in the State.

(b) Adoption of more stringent provisions. -- A county, Baltimore City, municipality, or agency of either may adopt, within the scope of its authority, more stringent provisions not inconsistent with the provisions of this title.

(c) Enforcement. -- The provisions of this title shall be enforced by each agency of the State within the scope of its authority.


Md. Com. L. Code Ann. § 13-103. Legislative intent; local provisions; enforcement.(a) Intent. -- This title is intended to provide minimum standards for the protection of consumers in the State.

(b) Adoption of more stringent provisions. -- A county, Baltimore City, municipality, or agency of either may adopt, within the scope of its authority, more stringent provisions not inconsistent with the provisions of this title.

(c) Enforcement. -- The provisions of this title shall be enforced by each agency of the State within the scope of its authority.


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Md. Com. L. Code Ann. § 13-104. Exemptions.

This title does not apply to:

(1) The professional services of a certified public accountant, architect, clergyman, professional engineer, lawyer, veterinarian, insurance company authorized to do business in the State, insurance producer licensed by the State, Christian Science practitioner, land surveyor, property line surveyor, chiropractor, optometrist, physical therapist, podiatrist, real estate broker, associate real estate broker, or real estate salesperson, or medical or dental practitioner;

(2) A public service company, to the extent that the company's services and operations are regulated by the Public Service Commission; or

(3) A television or radio broadcasting station or a publisher or printer of a newspaper, magazine, or other form of printed advertising who broadcasts, publishes, or prints an advertisement which violates this title, unless the station, publisher, or printer engages in an unfair or deceptive trade practice in the sale of its own goods or services or has knowledge that the advertising is in violation of this title.


Md. Com. L. Code Ann. § 13-104. Exemptions.

This title does not apply to:

(1) The professional services of a certified public accountant, architect, clergyman, professional engineer, lawyer, veterinarian, insurance company authorized to do business in the State, insurance producer licensed by the State, Christian Science practitioner, land surveyor, property line surveyor, chiropractor, optometrist, physical therapist, podiatrist, real estate broker, associate real estate broker, or real estate salesperson, or medical or dental practitioner;

(2) A public service company, to the extent that the company's services and operations are regulated by the Public Service Commission; or

(3) A television or radio broadcasting station or a publisher or printer of a newspaper, magazine, or other form of printed advertising who broadcasts, publishes, or prints an advertisement which violates this title, unless the station, publisher, or printer engages in an unfair or deceptive trade practice in the sale of its own goods or services or has knowledge that the advertising is in violation of this title.


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Md. Com. L. Code Ann. § 13-105. Construction.
This title shall be construed and applied liberally to promote its purpose. It is the intent of the General Assembly that in construing the term "unfair or deceptive trade practices", due consideration and weight be given to the interpretations of § 5 (a) (1) of the Federal Trade Commission Act by the Federal Trade Commission and the federal courts.





Md. Com. L. Code Ann. § 13-105. Construction.
This title shall be construed and applied liberally to promote its purpose. It is the intent of the General Assembly that in construing the term "unfair or deceptive trade practices", due consideration and weight be given to the interpretations of § 5 (a) (1) of the Federal Trade Commission Act by the Federal Trade Commission and the federal courts.





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Md. Com. L. Code Ann. § 13-201. Division of Consumer Protection established.
There is a Division of Consumer Protection in the Office of the Attorney General. The Division shall administer this subtitle.


Md. Com. L. Code Ann. § 13-201. Division of Consumer Protection established.
There is a Division of Consumer Protection in the Office of the Attorney General. The Division shall administer this subtitle.


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Md. Com. L. Code Ann. § 13-202.Consumer Council established.

(a) Established; duties. -- There is a Consumer Council in the Division. The Council shall advise the Division on general goals for the development of programs, undertake studies and issue reports, and foster cooperation among federal, State, and local agencies and private groups.

(b) Organization of Council. --

(1) The Council consists of:

(i) The Division Chief; and

(ii) Nine members appointed by the Governor with the advice and consent of the Senate.

(2) The members appointed by the Governor shall be divided into three categories, as follows:

(i) Three members to represent consumer groups or interests;

(ii) Three members to represent business groups or interests; and

(iii) Three members to represent the public sector.

(3) The term of membership is six years, except that, of the original appointees, one of each category shall serve a six-year term, one of each category shall serve a four-year term, and one of each category shall serve a two-year term. A member serves until his successor is appointed and qualified. An appointment to a vacancy in an unexpired term is limited to the remainder of that term. The members shall serve without compensation, but shall be reimbursed for all expenses reasonably incurred. The Council shall elect annually a chairman from among its members and appoint a secretary.



Md. Com. L. Code Ann. § 13-202.Consumer Council established.

(a) Established; duties. -- There is a Consumer Council in the Division. The Council shall advise the Division on general goals for the development of programs, undertake studies and issue reports, and foster cooperation among federal, State, and local agencies and private groups.

(b) Organization of Council. --

(1) The Council consists of:

(i) The Division Chief; and

(ii) Nine members appointed by the Governor with the advice and consent of the Senate.

(2) The members appointed by the Governor shall be divided into three categories, as follows:

(i) Three members to represent consumer groups or interests;

(ii) Three members to represent business groups or interests; and

(iii) Three members to represent the public sector.

(3) The term of membership is six years, except that, of the original appointees, one of each category shall serve a six-year term, one of each category shall serve a four-year term, and one of each category shall serve a two-year term. A member serves until his successor is appointed and qualified. An appointment to a vacancy in an unexpired term is limited to the remainder of that term. The members shall serve without compensation, but shall be reimbursed for all expenses reasonably incurred. The Council shall elect annually a chairman from among its members and appoint a secretary.



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Md. Com. L. Code Ann. § 13-203. Powers and duties of Attorney General generally.

In addition to any other of his powers and duties, the Attorney General:

(1) May recommend to the Governor and the General Assembly legislation to protect the public from fraudulent promoters and the schemes they propose;

(2) Shall appoint an assistant, whose salary shall be as provided in the budget, to perform the duties of assistant Attorney General in charge of consumer protection;

(3) Shall employ the investigators and clerical staff which he considers necessary to carry out the purpose of this subtitle; and

(4) May use the funds and employ the media which he considers necessary to:

(i) Fully acquaint the public and business community with the provisions of this title;

(ii) Educate the public as to nefarious schemes which might be foisted on the public;

(iii) Generally study consumer problems from the standpoint of value received by the consumer; and

(iv) Report periodically to the public.


Md. Com. L. Code Ann. § 13-203. Powers and duties of Attorney General generally.

In addition to any other of his powers and duties, the Attorney General:

(1) May recommend to the Governor and the General Assembly legislation to protect the public from fraudulent promoters and the schemes they propose;

(2) Shall appoint an assistant, whose salary shall be as provided in the budget, to perform the duties of assistant Attorney General in charge of consumer protection;

(3) Shall employ the investigators and clerical staff which he considers necessary to carry out the purpose of this subtitle; and

(4) May use the funds and employ the media which he considers necessary to:

(i) Fully acquaint the public and business community with the provisions of this title;

(ii) Educate the public as to nefarious schemes which might be foisted on the public;

(iii) Generally study consumer problems from the standpoint of value received by the consumer; and

(iv) Report periodically to the public.


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Md. Com. L. Code Ann. § 13-204. Powers and duties of Division -- In general.

In addition to any other of its powers and duties, the Division has the powers and duties to:

(1) Receive and investigate complaints from any person affected by any potential or actual violation of this title;

(2) Initiate its own investigation of any unfair or deceptive trade practice;

(3) In accordance with § 13-402 of this title, conciliate all matters covered by this title;

(4) In accordance with § 13-403 of this title, issue a cease and desist order with respect to any practice found by the Division to be an unfair or deceptive trade practice;

(5) In cooperation with the Department of Labor, Licensing, and Regulation, suspend or revoke the license of any merchant who refuses to cease and desist from engaging in an unfair or deceptive trade practice;

(6) Report to the appropriate law enforcement officer any information concerning violations of any consumer protection law;

(7) Assist, advise, and cooperate with local and federal agencies and officials to protect and promote the interests of consumers in the State;

(8) Assist, develop, and conduct programs of consumer education and information through publications and other materials prepared for distribution to consumers;

(9) Undertake activities to encourage business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion, and sale or lease or rental of consumer goods, consumer realty, and consumer services and in the extension of consumer credit;

(10) Assess against any violator of this title the costs of investigation by the Division and damages which flow from the improper, incomplete or untimely restitution by the violator to the consumer of money, property, or other thing received from the consumer in connection with a violation of this title;

(11) Exercise and perform any other function, power, and duty appropriate to protect and promote the welfare of consumers;

(12) In accordance with § 13-205 of this subtitle, adopt rules, regulations, and standards which:

(i) Are necessary to assure the orderly operation of the Division; and

(ii) Further define unfair or deceptive trade practices for purposes of this title;

(13) Enter into reciprocal agreements with consumer protection agencies of other states, in which each state mutually agrees to receive and investigate complaints from the foreign state's consumer protection agency on behalf of their consumers against businesses in the receiving and investigating state; and

(14) (i) Maintain a list of nonprofit organizations that:

1. Solely offer counseling or advice to homeowners in foreclosure or loan default; and

2. Are not directly or indirectly related to and do not contract for services with for-profit lenders or foreclosure purchasers, as defined in § 7-301 of the Real Property Article; and

(ii) Provide the name and telephone number of an organization on the list to a homeowner who contacts the Division after receiving a notice under § 7-105.1(d)(2)(vii) of the Real Property Article.


Md. Com. L. Code Ann. § 13-204. Powers and duties of Division -- In general.

In addition to any other of its powers and duties, the Division has the powers and duties to:

(1) Receive and investigate complaints from any person affected by any potential or actual violation of this title;

(2) Initiate its own investigation of any unfair or deceptive trade practice;

(3) In accordance with § 13-402 of this title, conciliate all matters covered by this title;

(4) In accordance with § 13-403 of this title, issue a cease and desist order with respect to any practice found by the Division to be an unfair or deceptive trade practice;

(5) In cooperation with the Department of Labor, Licensing, and Regulation, suspend or revoke the license of any merchant who refuses to cease and desist from engaging in an unfair or deceptive trade practice;

(6) Report to the appropriate law enforcement officer any information concerning violations of any consumer protection law;

(7) Assist, advise, and cooperate with local and federal agencies and officials to protect and promote the interests of consumers in the State;

(8) Assist, develop, and conduct programs of consumer education and information through publications and other materials prepared for distribution to consumers;

(9) Undertake activities to encourage business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion, and sale or lease or rental of consumer goods, consumer realty, and consumer services and in the extension of consumer credit;

(10) Assess against any violator of this title the costs of investigation by the Division and damages which flow from the improper, incomplete or untimely restitution by the violator to the consumer of money, property, or other thing received from the consumer in connection with a violation of this title;

(11) Exercise and perform any other function, power, and duty appropriate to protect and promote the welfare of consumers;

(12) In accordance with § 13-205 of this subtitle, adopt rules, regulations, and standards which:

(i) Are necessary to assure the orderly operation of the Division; and

(ii) Further define unfair or deceptive trade practices for purposes of this title;

(13) Enter into reciprocal agreements with consumer protection agencies of other states, in which each state mutually agrees to receive and investigate complaints from the foreign state's consumer protection agency on behalf of their consumers against businesses in the receiving and investigating state; and

(14) (i) Maintain a list of nonprofit organizations that:

1. Solely offer counseling or advice to homeowners in foreclosure or loan default; and

2. Are not directly or indirectly related to and do not contract for services with for-profit lenders or foreclosure purchasers, as defined in § 7-301 of the Real Property Article; and

(ii) Provide the name and telephone number of an organization on the list to a homeowner who contacts the Division after receiving a notice under § 7-105.1(d)(2)(vii) of the Real Property Article.


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Md. Com. L. Code Ann. § 13-205. Same -- Rule-making power.
(a) In general. --

(1) After obtaining the advice of the Consumer Council and holding a public hearing, the Division may adopt reasonable rules, regulations, and standards appropriate to effectuate the purposes of this subtitle, including rules, regulations, or standards which further define specific unfair or deceptive trade practices.

(2) These rules, regulations, and standards may not modify, expand or conflict with the definitions or standards set forth in this title.

(b) Notice of hearing. -- In addition to any publication of notice required to be made in the Maryland Register by the State Documents Law, a notice of the hearing shall be published in two daily newspapers at least 15 days before the hearing.

(c) Statement of reasons for adoption. -- If the Division adopts a rule, regulation, or standard, it shall issue a concise statement of:

(1) The reasons for adoption; and

(2) Any reasons against adoption which were rejected by the Division.

(d) Challenge to rules. --

(1) Any bona fide consumer group or trade association, the members of which are directly affected by a rule, regulation, or standard, has standing to challenge it in the name of the group or the association, even though the group or association may not be directly affected by the rule, regulation, or standard.

(2) A challenge to a rule, regulation, or standard shall be made in accordance with the Administrative Procedure Act.

(e) Copies of rules and regulations to be available to public. -- Copies of each rule, regulation, and standard shall be filed in accordance with the Administrative Procedure Act and the State Documents Law and shall be made available to the public
Md. Com. L. Code Ann. § 13-205. Same -- Rule-making power.
(a) In general. --

(1) After obtaining the advice of the Consumer Council and holding a public hearing, the Division may adopt reasonable rules, regulations, and standards appropriate to effectuate the purposes of this subtitle, including rules, regulations, or standards which further define specific unfair or deceptive trade practices.

(2) These rules, regulations, and standards may not modify, expand or conflict with the definitions or standards set forth in this title.

(b) Notice of hearing. -- In addition to any publication of notice required to be made in the Maryland Register by the State Documents Law, a notice of the hearing shall be published in two daily newspapers at least 15 days before the hearing.

(c) Statement of reasons for adoption. -- If the Division adopts a rule, regulation, or standard, it shall issue a concise statement of:

(1) The reasons for adoption; and

(2) Any reasons against adoption which were rejected by the Division.

(d) Challenge to rules. --

(1) Any bona fide consumer group or trade association, the members of which are directly affected by a rule, regulation, or standard, has standing to challenge it in the name of the group or the association, even though the group or association may not be directly affected by the rule, regulation, or standard.

(2) A challenge to a rule, regulation, or standard shall be made in accordance with the Administrative Procedure Act.

(e) Copies of rules and regulations to be available to public. -- Copies of each rule, regulation, and standard shall be filed in accordance with the Administrative Procedure Act and the State Documents Law and shall be made available to the public

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Md. Com. L. Code Ann. § 13-206. Legal assistance organizations.
(a) Definition. -- As used in this section, "legal assistance organization" means a firm, group, corporation, or other entity which recommends, furnishes, arranges, or pays for legal services for its own members or beneficiaries, whether or not for profit.

(b) Compliance with section. -- A legal assistance organization may not sell or offer its services for sale in Maryland except in accordance with this section.

(c) Annual report. -- A legal assistance organization annually shall file a report with the Division of its activities and its financial condition.

(d) Subject to powers and duties of Division. -- A legal assistance organization which sells or offers its legal services in the State is subject to the powers and duties of the Division within this subtitle.


Md. Com. L. Code Ann. § 13-206. Legal assistance organizations.
(a) Definition. -- As used in this section, "legal assistance organization" means a firm, group, corporation, or other entity which recommends, furnishes, arranges, or pays for legal services for its own members or beneficiaries, whether or not for profit.

(b) Compliance with section. -- A legal assistance organization may not sell or offer its services for sale in Maryland except in accordance with this section.

(c) Annual report. -- A legal assistance organization annually shall file a report with the Division of its activities and its financial condition.

(d) Subject to powers and duties of Division. -- A legal assistance organization which sells or offers its legal services in the State is subject to the powers and duties of the Division within this subtitle.


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Md. Com. L. Code Ann. § 13-301. Unfair or deceptive trade practices defined.
Unfair or deceptive trade practices include any:

(1) False, falsely disparaging, or misleading oral or written statement, visual description, or other representation of any kind which has the capacity, tendency, or effect of deceiving or misleading consumers;

(2) Representation that:

(i) Consumer goods, consumer realty, or consumer services have a sponsorship, approval, accessory, characteristic, ingredient, use, benefit, or quantity which they do not have;

(ii) A merchant has a sponsorship, approval, status, affiliation, or connection which he does not have;

(iii) Deteriorated, altered, reconditioned, reclaimed, or secondhand consumer goods are original or new; or

(iv) Consumer goods, consumer realty, or consumer services are of a particular standard, quality, grade, style, or model which they are not;

(3) Failure to state a material fact if the failure deceives or tends to deceive;

(4) Disparagement of the goods, realty, services, or business of another by a false or misleading representation of a material fact;

(5) Advertisement or offer of consumer goods, consumer realty, or consumer services:

(i) Without intent to sell, lease, or rent them as advertised or offered; or

(ii) With intent not to supply reasonably expected public demand, unless the advertisement or offer discloses a limitation of quantity or other qualifying condition;

(6) False or misleading representation of fact which concerns:

(i) The reason for or the existence or amount of a price reduction; or

(ii) A price in comparison to a price of a competitor or to one's own price at a past or future time;

(7) Knowingly false statement that a service, replacement, or repair is needed;

(8) False statement which concerns the reason for offering or supplying consumer goods, consumer realty, or consumer services at sale or discount prices;

(9) Deception, fraud, false pretense, false premise, misrepresentation, or knowing concealment, suppression, or omission of any material fact with the intent that a consumer rely on the same in connection with:

(i) The promotion or sale of any consumer goods, consumer realty, or consumer service;

(ii) A contract or other agreement for the evaluation, perfection, marketing, brokering or promotion of an invention; or

(iii) The subsequent performance of a merchant with respect to an agreement of sale, lease, or rental;

(10) Solicitations of sales or services over the telephone without first clearly, affirmatively, and expressly stating:

(i) The solicitor's name and the trade name of a person represented by the solicitor;

(ii) The purpose of the telephone conversation; and

(iii) The kind of merchandise, real property, intangibles, or service solicited;

(11) Use of any plan or scheme in soliciting sales or services over the telephone that misrepresents the solicitor's true status or mission;

(12) Use of a contract related to a consumer transaction which contains a confessed judgment clause that waives the consumer's right to assert a legal defense to an action;

(13) Use by a seller, who is in the business of selling consumer realty, of a contract related to the sale of single family residential consumer realty, including condominiums and town houses, that contains a clause limiting or precluding the buyer's right to obtain consequential damages as a result of the seller's breach or cancellation of the contract;

(14) Violation of a provision of:

(i) This title;

(ii) An order of the Attorney General or agreement of a party relating to unit pricing under Title 14, Subtitle 1 of this article;

(iii) Title 14, Subtitle 2 of this article, the Maryland Consumer Debt Collection Act;

(iv) Title 14, Subtitle 3 of this article, the Maryland Door-to-Door Sales Act;

(v) Title 14, Subtitle 9 of this article, Kosher Products;

(vi) Title 14, Subtitle 10 of this article, Automotive Repair Facilities;

(vii) Section 14-1302 of this article;

(viii) Title 14, Subtitle 11 of this article, Maryland Layaway Sales Act;

(ix) Section 22-415 of the Transportation Article;

(x) Title 14, Subtitle 20 of this article;

(xi) Title 14, Subtitle 15 of this article, the Automotive Warranty Enforcement Act;

(xii) Title 14, Subtitle 21 of this article;

(xiii) Section 18-107 of the Transportation Article;

(xiv) Title 14, Subtitle 22 of this article, the Maryland Telephone Solicitations Act;

(xv) Title 14, Subtitle 23 of this article, the Automotive Crash Parts Act;

(xvi) Title 10, Subtitle 6 of the Real Property Article;

(xvii) Title 14, Subtitle 25 of this article, the Hearing Aid Sales Act;

(xviii) Title 14, Subtitle 26 of this article, the Maryland Door-to-Door Solicitations Act;

(xix) Title 14, Subtitle 31 of this article, the Maryland Household Goods Movers Act;

(xx) Title 14, Subtitle 32 of this article, the Maryland Telephone Consumer Protection Act;

(xxi) Title 14, Subtitle 34 of this article, the Social Security Number Privacy Act;

(xxii) Title 14, Subtitle 37 of this article, the Online Child Safety Act;

(xxiii) Section 14-1319 or § 14-1320 of this article;

(xxiv) Section 7-304 of the Criminal Law Article;

(xxv) Title 7, Subtitle 3 of the Real Property Article, the Protection of Homeowners in Foreclosure Act;

(xxvi) Title 6, Subtitle 13 of the Environment Article; or

(xxvii) Section 7-405(e)(2)(ii) of the Health Occupations Article; or

(15) Act or omission that relates to a residential building and that is chargeable as a misdemeanor under or otherwise violates a provision of the Energy Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utility Companies Article.


Md. Com. L. Code Ann. § 13-301. Unfair or deceptive trade practices defined.
Unfair or deceptive trade practices include any:

(1) False, falsely disparaging, or misleading oral or written statement, visual description, or other representation of any kind which has the capacity, tendency, or effect of deceiving or misleading consumers;

(2) Representation that:

(i) Consumer goods, consumer realty, or consumer services have a sponsorship, approval, accessory, characteristic, ingredient, use, benefit, or quantity which they do not have;

(ii) A merchant has a sponsorship, approval, status, affiliation, or connection which he does not have;

(iii) Deteriorated, altered, reconditioned, reclaimed, or secondhand consumer goods are original or new; or

(iv) Consumer goods, consumer realty, or consumer services are of a particular standard, quality, grade, style, or model which they are not;

(3) Failure to state a material fact if the failure deceives or tends to deceive;

(4) Disparagement of the goods, realty, services, or business of another by a false or misleading representation of a material fact;

(5) Advertisement or offer of consumer goods, consumer realty, or consumer services:

(i) Without intent to sell, lease, or rent them as advertised or offered; or

(ii) With intent not to supply reasonably expected public demand, unless the advertisement or offer discloses a limitation of quantity or other qualifying condition;

(6) False or misleading representation of fact which concerns:

(i) The reason for or the existence or amount of a price reduction; or

(ii) A price in comparison to a price of a competitor or to one's own price at a past or future time;

(7) Knowingly false statement that a service, replacement, or repair is needed;

(8) False statement which concerns the reason for offering or supplying consumer goods, consumer realty, or consumer services at sale or discount prices;

(9) Deception, fraud, false pretense, false premise, misrepresentation, or knowing concealment, suppression, or omission of any material fact with the intent that a consumer rely on the same in connection with:

(i) The promotion or sale of any consumer goods, consumer realty, or consumer service;

(ii) A contract or other agreement for the evaluation, perfection, marketing, brokering or promotion of an invention; or

(iii) The subsequent performance of a merchant with respect to an agreement of sale, lease, or rental;

(10) Solicitations of sales or services over the telephone without first clearly, affirmatively, and expressly stating:

(i) The solicitor's name and the trade name of a person represented by the solicitor;

(ii) The purpose of the telephone conversation; and

(iii) The kind of merchandise, real property, intangibles, or service solicited;

(11) Use of any plan or scheme in soliciting sales or services over the telephone that misrepresents the solicitor's true status or mission;

(12) Use of a contract related to a consumer transaction which contains a confessed judgment clause that waives the consumer's right to assert a legal defense to an action;

(13) Use by a seller, who is in the business of selling consumer realty, of a contract related to the sale of single family residential consumer realty, including condominiums and town houses, that contains a clause limiting or precluding the buyer's right to obtain consequential damages as a result of the seller's breach or cancellation of the contract;

(14) Violation of a provision of:

(i) This title;

(ii) An order of the Attorney General or agreement of a party relating to unit pricing under Title 14, Subtitle 1 of this article;

(iii) Title 14, Subtitle 2 of this article, the Maryland Consumer Debt Collection Act;

(iv) Title 14, Subtitle 3 of this article, the Maryland Door-to-Door Sales Act;

(v) Title 14, Subtitle 9 of this article, Kosher Products;

(vi) Title 14, Subtitle 10 of this article, Automotive Repair Facilities;

(vii) Section 14-1302 of this article;

(viii) Title 14, Subtitle 11 of this article, Maryland Layaway Sales Act;

(ix) Section 22-415 of the Transportation Article;

(x) Title 14, Subtitle 20 of this article;

(xi) Title 14, Subtitle 15 of this article, the Automotive Warranty Enforcement Act;

(xii) Title 14, Subtitle 21 of this article;

(xiii) Section 18-107 of the Transportation Article;

(xiv) Title 14, Subtitle 22 of this article, the Maryland Telephone Solicitations Act;

(xv) Title 14, Subtitle 23 of this article, the Automotive Crash Parts Act;

(xvi) Title 10, Subtitle 6 of the Real Property Article;

(xvii) Title 14, Subtitle 25 of this article, the Hearing Aid Sales Act;

(xviii) Title 14, Subtitle 26 of this article, the Maryland Door-to-Door Solicitations Act;

(xix) Title 14, Subtitle 31 of this article, the Maryland Household Goods Movers Act;

(xx) Title 14, Subtitle 32 of this article, the Maryland Telephone Consumer Protection Act;

(xxi) Title 14, Subtitle 34 of this article, the Social Security Number Privacy Act;

(xxii) Title 14, Subtitle 37 of this article, the Online Child Safety Act;

(xxiii) Section 14-1319 or § 14-1320 of this article;

(xxiv) Section 7-304 of the Criminal Law Article;

(xxv) Title 7, Subtitle 3 of the Real Property Article, the Protection of Homeowners in Foreclosure Act;

(xxvi) Title 6, Subtitle 13 of the Environment Article; or

(xxvii) Section 7-405(e)(2)(ii) of the Health Occupations Article; or

(15) Act or omission that relates to a residential building and that is chargeable as a misdemeanor under or otherwise violates a provision of the Energy Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utility Companies Article.


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Md. Com. L. Code Ann. § 13-302. Deception or damage unnecessary.
Any practice prohibited by this title is a violation of this title, whether or not any consumer in fact has been misled, deceived, or damaged as a result of that practice.


Md. Com. L. Code Ann. § 13-302. Deception or damage unnecessary.
Any practice prohibited by this title is a violation of this title, whether or not any consumer in fact has been misled, deceived, or damaged as a result of that practice.


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Md. Com. L. Code Ann. § 13-303. Practices generally prohibited.
A person may not engage in any unfair or deceptive trade practice, as defined in this subtitle or as further defined by the Division, in:

(1) The sale, lease, rental, loan, or bailment of any consumer goods, consumer realty, or consumer services;

(2) The offer for sale, lease, rental, loan, or bailment of consumer goods, consumer realty, or consumer services;

(3) The extension of consumer credit; or

(4) The collection of consumer debts.



Md. Com. L. Code Ann. § 13-303. Practices generally prohibited.
A person may not engage in any unfair or deceptive trade practice, as defined in this subtitle or as further defined by the Division, in:

(1) The sale, lease, rental, loan, or bailment of any consumer goods, consumer realty, or consumer services;

(2) The offer for sale, lease, rental, loan, or bailment of consumer goods, consumer realty, or consumer services;

(3) The extension of consumer credit; or

(4) The collection of consumer debts.



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Md. Com. L. Code Ann. § 13-304. Referral sales.
A seller may not use any general referral sales technique, plan, arrangement, or agreement by which a buyer is induced to purchase merchandise, real property, or intangibles on the representation or promise of the seller that if the buyer furnishes to the seller the names of other prospective buyers of like or identical merchandise, real property, or intangibles, he will receive a reduction in purchase price by means of a cash rebate, commission, or credit toward balance due or any other consideration.


Md. Com. L. Code Ann. § 13-304. Referral sales.
A seller may not use any general referral sales technique, plan, arrangement, or agreement by which a buyer is induced to purchase merchandise, real property, or intangibles on the representation or promise of the seller that if the buyer furnishes to the seller the names of other prospective buyers of like or identical merchandise, real property, or intangibles, he will receive a reduction in purchase price by means of a cash rebate, commission, or credit toward balance due or any other consideration.


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Md. Com. L. Code Ann. § 13-305. Prizes conditioned on purchases or sales promotion
(a) Exceptions. -- This section does not apply to:

(1) Trading stamps, as defined by § 13-101 of the Business Regulation Article;

(2) State lottery tickets issued under the authority of Title 9, Subtitle 1 of the State Government Article;

(3) Retail promotions, not involving the offer of gifts and prizes, which offer savings on consumer goods or services including "one-cent sales", "two-for-the-price-of-one-sales", or manufacturer's "cents-off" coupons; or

(4) Games of skill competition not involving sales promotion efforts.

(b) Prohibition. -- A person may not notify any other person by any means, as part of an advertising scheme or plan, that the other person has won a prize, received an award, or has been selected or is eligible to receive anything of value if the other person is required to purchase goods or services, pay any money to participate in, or submit to a sales promotion effort.

(c) Additional exceptions -- In general. -- In addition to the exceptions provided in subsection (a) of this section, subsection (b) of this section does not prohibit the offer of prizes requiring the person to purchase other goods and services if the retail price of the prize offered does not exceed the greater of:

(1) $ 40; or

(2) The lesser of:

(i) 20% of the purchase price of the goods or services that must be purchased; or

(ii) $ 400.

(d) Same -- Not applicable to award of prizes by chance. -- The exception provided in subsection (c) of this section does not apply to the offer of a prize requiring the person either to pay any money to participate in or to submit to a sales promotion effort, or to a prize promotion involving the award of prizes by chance.

(e) Required disclosures relating to sale, lease, or rental of real property. -- When a person offers prizes in a sales promotion effort relating to the sale, lease, or rental of real property not prohibited by this section, that person shall disclose to each offeree, in writing, clearly and conspicuously:

(1) That the purpose of the sales promotion effort is to solicit the purchase, lease, or rental of real property;

(2) The exact number of each prize offered in each category to be made available during the sales promotion;

(3) The manufacturer's suggested retail price or comparable retail price of each prize offered;

(4) (i) If calculable in advance, the odds against winning each prize; or

(ii) If not calculable in advance, a statement to that effect, or that the odds of winning will be determined by the number of entries;

(5) Whether all prizes offered will be awarded and when a determination of winners will be made; and

(6) If prizes with retail prices or monetary values in excess of $ 100 are offered, where and when a list of winners of those prizes can be obtained.

(f) Applicability of existing laws. -- Where provisions of law or regulations relating to the awarding of prizes in the sale, lease, or rental of real property exist, including § 11A-119 of the Real Property Article, the provisions of those laws or regulations shall apply if the provisions are more stringent than this section.

(g) Required disclosures by entrants where prizes awarded. -- If a person offers a contest, sweepstakes, or other sales promotion effort not prohibited by this section, involving the award of prizes by chance, that person shall disclose to each offeree in writing:

(1) The exact number of each prize offered in each category to be made available during the contest, sweepstakes, or sales promotion;

(2) The manufacturer's suggested retail price, or comparable retail price, of each prize offered;

(3) If calculable in advance, the odds against winning each prize and if not calculable in advance, a statement that the odds of winning will be determined by the number of entries;

(4) Whether all prizes offered will be awarded and when a determination of winners will be made;

(5) What, if any, conditions must be met in order to receive a prize;

(6) If prizes with retail prices or monetary values in excess of $ 100 are offered, where and when a list of winners of those prizes can be obtained; and

(7) That in order to receive the prize offered in the sales promotion you may not be required to:

(i) Purchase goods or services;

(ii) Pay any money; or

(iii) Where applicable, submit to a sales promotion effort.

(h) Required disclosures by entrants where no award of prizes made. -- If a person offers a contest, sweepstakes, or other sales promotion effort not prohibited by this section, not involving the award of prizes by chance, that person shall disclose to each offeree in writing:

(1) The manufacturer's suggested retail price, or comparable retail price of each prize offered;

(2) What, if any, conditions must be met in order to receive a prize; and

(3) That in order to receive the prize offered in the sales promotion you may not be required to:

(i) Purchase goods or services, unless the retail price of the prize is within the limits set by subsection (c) of this section;

(ii) Pay any money; or

(iii) Where applicable, submit to a sales promotion effort.

(i) Where disclosures to appear. -- The disclosures shall appear on the first page of the prize notification document.


Md. Com. L. Code Ann. § 13-305. Prizes conditioned on purchases or sales promotion
(a) Exceptions. -- This section does not apply to:

(1) Trading stamps, as defined by § 13-101 of the Business Regulation Article;

(2) State lottery tickets issued under the authority of Title 9, Subtitle 1 of the State Government Article;

(3) Retail promotions, not involving the offer of gifts and prizes, which offer savings on consumer goods or services including "one-cent sales", "two-for-the-price-of-one-sales", or manufacturer's "cents-off" coupons; or

(4) Games of skill competition not involving sales promotion efforts.

(b) Prohibition. -- A person may not notify any other person by any means, as part of an advertising scheme or plan, that the other person has won a prize, received an award, or has been selected or is eligible to receive anything of value if the other person is required to purchase goods or services, pay any money to participate in, or submit to a sales promotion effort.

(c) Additional exceptions -- In general. -- In addition to the exceptions provided in subsection (a) of this section, subsection (b) of this section does not prohibit the offer of prizes requiring the person to purchase other goods and services if the retail price of the prize offered does not exceed the greater of:

(1) $ 40; or

(2) The lesser of:

(i) 20% of the purchase price of the goods or services that must be purchased; or

(ii) $ 400.

(d) Same -- Not applicable to award of prizes by chance. -- The exception provided in subsection (c) of this section does not apply to the offer of a prize requiring the person either to pay any money to participate in or to submit to a sales promotion effort, or to a prize promotion involving the award of prizes by chance.

(e) Required disclosures relating to sale, lease, or rental of real property. -- When a person offers prizes in a sales promotion effort relating to the sale, lease, or rental of real property not prohibited by this section, that person shall disclose to each offeree, in writing, clearly and conspicuously:

(1) That the purpose of the sales promotion effort is to solicit the purchase, lease, or rental of real property;

(2) The exact number of each prize offered in each category to be made available during the sales promotion;

(3) The manufacturer's suggested retail price or comparable retail price of each prize offered;

(4) (i) If calculable in advance, the odds against winning each prize; or

(ii) If not calculable in advance, a statement to that effect, or that the odds of winning will be determined by the number of entries;

(5) Whether all prizes offered will be awarded and when a determination of winners will be made; and

(6) If prizes with retail prices or monetary values in excess of $ 100 are offered, where and when a list of winners of those prizes can be obtained.

(f) Applicability of existing laws. -- Where provisions of law or regulations relating to the awarding of prizes in the sale, lease, or rental of real property exist, including § 11A-119 of the Real Property Article, the provisions of those laws or regulations shall apply if the provisions are more stringent than this section.

(g) Required disclosures by entrants where prizes awarded. -- If a person offers a contest, sweepstakes, or other sales promotion effort not prohibited by this section, involving the award of prizes by chance, that person shall disclose to each offeree in writing:

(1) The exact number of each prize offered in each category to be made available during the contest, sweepstakes, or sales promotion;

(2) The manufacturer's suggested retail price, or comparable retail price, of each prize offered;

(3) If calculable in advance, the odds against winning each prize and if not calculable in advance, a statement that the odds of winning will be determined by the number of entries;

(4) Whether all prizes offered will be awarded and when a determination of winners will be made;

(5) What, if any, conditions must be met in order to receive a prize;

(6) If prizes with retail prices or monetary values in excess of $ 100 are offered, where and when a list of winners of those prizes can be obtained; and

(7) That in order to receive the prize offered in the sales promotion you may not be required to:

(i) Purchase goods or services;

(ii) Pay any money; or

(iii) Where applicable, submit to a sales promotion effort.

(h) Required disclosures by entrants where no award of prizes made. -- If a person offers a contest, sweepstakes, or other sales promotion effort not prohibited by this section, not involving the award of prizes by chance, that person shall disclose to each offeree in writing:

(1) The manufacturer's suggested retail price, or comparable retail price of each prize offered;

(2) What, if any, conditions must be met in order to receive a prize; and

(3) That in order to receive the prize offered in the sales promotion you may not be required to:

(i) Purchase goods or services, unless the retail price of the prize is within the limits set by subsection (c) of this section;

(ii) Pay any money; or

(iii) Where applicable, submit to a sales promotion effort.

(i) Where disclosures to appear. -- The disclosures shall appear on the first page of the prize notification document.


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Md. Com. L. Code Ann. § 13-306. Certificate when gift or other inducement not available to customer.
(a) Certificate required. -- If a gift or other inducement offered to a customer in exchange for business is not available at the time the customer complies with the conditions attached to the offer, the offeror shall:

(1) Give the customer a certificate which states in unequivocal language that:

(i) The customer has complied with the conditions which entitle him to receive the gift or other inducement; and

(ii) The offeror will give the customer an identical or substantially similar item of equal value on presentment of the certificate; and

(2) Fully comply with the terms of the certificate.

(b) Time for presentment of certificate. -- The certificate may designate a period of not less than 90 days after the date the customer receives the certificate within which the certificate must be presented for redemption
Md. Com. L. Code Ann. § 13-306. Certificate when gift or other inducement not available to customer.
(a) Certificate required. -- If a gift or other inducement offered to a customer in exchange for business is not available at the time the customer complies with the conditions attached to the offer, the offeror shall:

(1) Give the customer a certificate which states in unequivocal language that:

(i) The customer has complied with the conditions which entitle him to receive the gift or other inducement; and

(ii) The offeror will give the customer an identical or substantially similar item of equal value on presentment of the certificate; and

(2) Fully comply with the terms of the certificate.

(b) Time for presentment of certificate. -- The certificate may designate a period of not less than 90 days after the date the customer receives the certificate within which the certificate must be presented for redemption

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Md. Com. L. Code Ann. § 13-307. Repair company to furnish written bill for cost.
(a) Definitions. --

(1) In this section the following terms have the meanings indicated.

(2) (i) "Home appliance" means any device the retail cost of which exceeds $ 100 and which is generally used in a private residence;

(ii) "Home appliance" includes an air conditioner, washing machine, dishwasher, television set, stereo set, oil burner, and any similar item.

(3) "Repair company" means any person who repairs home appliances for a fee or consideration.

(b) Bill for cost of repairing. -- Except as provided in subsection (c) of this section, a repair company shall furnish a written bill for the cost of repairing a home appliance to the person for whom the repair was made. The bill shall include the following information:

(1) The hourly labor rate;

(2) The time actually used to repair the home appliance;

(3) The itemized cost of any new parts used to repair the home appliance;

(4) The itemized cost of any used or reconditioned parts used to repair the home appliance and a statement that used or reconditioned parts were used; and

(5) Any other charges.

(c) Exception. -- This section does not apply if:

(1) The repair work is done under a service contract; or

(2) A flat price or firm estimate is given before repair of the home appliance
Md. Com. L. Code Ann. § 13-307. Repair company to furnish written bill for cost.
(a) Definitions. --

(1) In this section the following terms have the meanings indicated.

(2) (i) "Home appliance" means any device the retail cost of which exceeds $ 100 and which is generally used in a private residence;

(ii) "Home appliance" includes an air conditioner, washing machine, dishwasher, television set, stereo set, oil burner, and any similar item.

(3) "Repair company" means any person who repairs home appliances for a fee or consideration.

(b) Bill for cost of repairing. -- Except as provided in subsection (c) of this section, a repair company shall furnish a written bill for the cost of repairing a home appliance to the person for whom the repair was made. The bill shall include the following information:

(1) The hourly labor rate;

(2) The time actually used to repair the home appliance;

(3) The itemized cost of any new parts used to repair the home appliance;

(4) The itemized cost of any used or reconditioned parts used to repair the home appliance and a statement that used or reconditioned parts were used; and

(5) Any other charges.

(c) Exception. -- This section does not apply if:

(1) The repair work is done under a service contract; or

(2) A flat price or firm estimate is given before repair of the home appliance

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Md. Com. L. Code Ann. § 13-308. Electrical consumer products.

(a) Symbol of testing laboratory required. -- A person may not sell or distribute an electrical consumer product which is intended ultimately for the personal use of a consumer in or around a permanent or temporary household or residence, unless the product is clearly labeled, marked, or stamped with the symbol of an electrical testing laboratory which is certified by the State Fire Marshal to test products to determine that they are safe for use.

(b) Enforcement. --

(1) The Attorney General and the State Fire Marshal shall each enforce this section under the enforcement powers provided in this title and in the Public Safety Article.

(2) The fire department of Baltimore City shall report to the Division any violation of this section which it finds.

(c) Penalty. -- Any person who knowingly and willfully violates the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $ 5,000.

Md. Com. L. Code Ann. § 13-308. Electrical consumer products.

(a) Symbol of testing laboratory required. -- A person may not sell or distribute an electrical consumer product which is intended ultimately for the personal use of a consumer in or around a permanent or temporary household or residence, unless the product is clearly labeled, marked, or stamped with the symbol of an electrical testing laboratory which is certified by the State Fire Marshal to test products to determine that they are safe for use.

(b) Enforcement. --

(1) The Attorney General and the State Fire Marshal shall each enforce this section under the enforcement powers provided in this title and in the Public Safety Article.

(2) The fire department of Baltimore City shall report to the Division any violation of this section which it finds.

(c) Penalty. -- Any person who knowingly and willfully violates the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $ 5,000.

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Md. Com. L. Code Ann. § 13-309. Electrical extension cords.
(a) Designation of maximum number of amperes required. -- An electrical extension cord which conducts electrical current in commercial or household use shall be labeled to designate the maximum number of amperes it may safely conduct.

(b) Penalty. -- Any manufacturer, distributor, wholesaler, or retailer who sells or causes to be sold an electrical extension cord without a label as required by this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 50 for each sale.

Md. Com. L. Code Ann. § 13-309. Electrical extension cords.
(a) Designation of maximum number of amperes required. -- An electrical extension cord which conducts electrical current in commercial or household use shall be labeled to designate the maximum number of amperes it may safely conduct.

(b) Penalty. -- Any manufacturer, distributor, wholesaler, or retailer who sells or causes to be sold an electrical extension cord without a label as required by this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 50 for each sale.

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Md. Com. L. Code Ann. § 13-310. Reserved seat tickets.
(a) Exception. -- This section does not apply to nonprofit organizations.

(b) Display of seating plan required. -- A person who sells reserved seat tickets for an athletic, recreational, cultural, or entertainment event shall display prominently at the ticket-sale location a seating plan which clearly shows the location of every reserved seat and every physical obstruction to the viewing of the event.


Md. Com. L. Code Ann. § 13-310. Reserved seat tickets.
(a) Exception. -- This section does not apply to nonprofit organizations.

(b) Display of seating plan required. -- A person who sells reserved seat tickets for an athletic, recreational, cultural, or entertainment event shall display prominently at the ticket-sale location a seating plan which clearly shows the location of every reserved seat and every physical obstruction to the viewing of the event.


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Md. Com. L. Code Ann. § 13-111. Service contract not prerequisite to sale of merchandise.
A seller may not require as a condition of sale of any merchandise that the purchaser of the merchandise enter into a contract for the service of that merchandise.



Md. Com. L. Code Ann. § 13-111. Service contract not prerequisite to sale of merchandise.
A seller may not require as a condition of sale of any merchandise that the purchaser of the merchandise enter into a contract for the service of that merchandise.



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Md. Com. L. Code Ann. § 13-312. Certification in subpoena in compliance with § 1-304 of the Financial Institutions Article.
Any subpoena served on an entity which issues a credit card to a person in this State for information relating to the person's account shall contain a certification that complies with § 1-304 of the Financial Institutions Article.



Md. Com. L. Code Ann. § 13-312. Certification in subpoena in compliance with § 1-304 of the Financial Institutions Article.
Any subpoena served on an entity which issues a credit card to a person in this State for information relating to the person's account shall contain a certification that complies with § 1-304 of the Financial Institutions Article.



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Md. Com. L. Code Ann. § 13-313. Fire resistant insulating material.
(a) Material required to meet minimum fire retardancy standards. -- A person may not sell or distribute cellulose or foam insulating material which is intended ultimately for the installation in a permanent or temporary household or residence, unless the insulating material meets minimum standards of fire retardancy established by the State Fire Prevention Commission or the federal government.

(b) Basis of fire retardancy standards. -- The standards of fire retardancy shall be based on the results of tests conducted by a recognized fire testing laboratory approved by the State Fire Marshal.

(c) Statements to be filed by seller or distributor. -- A person who sells or distributes cellulose or foam insulating material shall file with the State Fire Marshal a statement, on a form prescribed by the State Fire Marshal, for each brand and type of insulating material sold or distributed by the person, that the brand or type meets the fire retardancy standards established by the State Fire Prevention Commission or the federal government.

(d) Enforcement. --

(1) The Attorney General and the State Fire Marshal shall each enforce this section under the enforcement powers provided in this title and in the Public Safety Article.

(2) The fire department of Baltimore City shall report to the Division of Consumer Protection any violation of this section which it finds.

(e) Penalty. -- Any person who knowingly and willfully violates the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $ 5,000.

Md. Com. L. Code Ann. § 13-313. Fire resistant insulating material.
(a) Material required to meet minimum fire retardancy standards. -- A person may not sell or distribute cellulose or foam insulating material which is intended ultimately for the installation in a permanent or temporary household or residence, unless the insulating material meets minimum standards of fire retardancy established by the State Fire Prevention Commission or the federal government.

(b) Basis of fire retardancy standards. -- The standards of fire retardancy shall be based on the results of tests conducted by a recognized fire testing laboratory approved by the State Fire Marshal.

(c) Statements to be filed by seller or distributor. -- A person who sells or distributes cellulose or foam insulating material shall file with the State Fire Marshal a statement, on a form prescribed by the State Fire Marshal, for each brand and type of insulating material sold or distributed by the person, that the brand or type meets the fire retardancy standards established by the State Fire Prevention Commission or the federal government.

(d) Enforcement. --

(1) The Attorney General and the State Fire Marshal shall each enforce this section under the enforcement powers provided in this title and in the Public Safety Article.

(2) The fire department of Baltimore City shall report to the Division of Consumer Protection any violation of this section which it finds.

(e) Penalty. -- Any person who knowingly and willfully violates the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $ 5,000.

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Md. Com. L. Code Ann. § 13-314. Work-at-home advertisements.
A person who places any advertisement that represents that any person can earn money at home by stuffing or addressing envelopes, mailing circulars, clipping newspaper or magazine articles, or performing similar work:

(1) Shall pay compensation to others for performing the represented tasks; and

(2) May not require the person who will perform the represented tasks to advance any monetary payment or deposit to the person who placed the advertisement on any instructional booklets, brochures, kits, programs or similar information materials, mailing lists, directories, memberships in cooperative associations, or other items or services.

Md. Com. L. Code Ann. § 13-314. Work-at-home advertisements.
A person who places any advertisement that represents that any person can earn money at home by stuffing or addressing envelopes, mailing circulars, clipping newspaper or magazine articles, or performing similar work:

(1) Shall pay compensation to others for performing the represented tasks; and

(2) May not require the person who will perform the represented tasks to advance any monetary payment or deposit to the person who placed the advertisement on any instructional booklets, brochures, kits, programs or similar information materials, mailing lists, directories, memberships in cooperative associations, or other items or services.

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Md. Com. L. Code Ann. § 13-315. Firestat or fusible link in attic fan.
A person may not sell or install a temperature activated attic fan unless the fan has a preset, nonadjustable firestat or a fusible link.

Md. Com. L. Code Ann. § 13-315. Firestat or fusible link in attic fan.
A person may not sell or install a temperature activated attic fan unless the fan has a preset, nonadjustable firestat or a fusible link.

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Md. Com. L. Code Ann. § 13-316. Mortgage servicers.
(a) Definitions. --

(1) In this section the following terms have the meanings indicated.

(2) "Mortgage" includes a mortgage, deed of trust, security agreement, or other lien on 1 to 4 family residential real estate located in this State.

(3) "Servicer" means a person responsible for collection and payment of principal, interest, escrow, and other moneys under an original mortgage.

(b) Notice to mortgagor after acquisition of mortgage servicing. -- Within 7 days of acquiring mortgage servicing, a servicer shall send to the mortgagor a written notice containing the following information regarding the mortgage on the date of transfer:

(1) The name, address, and telephone number of the new servicer and the address where mortgage payments are to be forwarded;

(2) The principal balance and escrow balance;

(3) The telephone number of the contact designated under subsection (c) of this section;

(4) The responsibilities of the contact under subsection (c) of this section; and

(5) A statement that the servicer's violation of this section will result in the servicer being held liable under subsection (e) of this section.

(c) Contact person for complaints and inquiries. --

(1) A servicer shall designate a contact to whom mortgagors may direct complaints and inquiries.

(2) The contact shall respond in writing to each written complaint or inquiry within 15 days if requested.

(d) Payments of tax or insurance premiums. -- A servicer shall make timely payments of the taxes or insurance premiums due under the mortgage so long as the mortgagor has paid an amount sufficient to pay the tax or insurance premium due and, with regard to the taxes, so long as the servicer is in possession of either the tax bill or notice from the taxing authority.

(e) Penalties for noncompliance. --

(1) If a servicer fails to comply with any provision of this section, the servicer is liable for any economic damages caused by the violation.

(2) The penalties provided in this section are in addition to any other applicable remedies.

(f) Toll-free telephone number. -- A servicer shall provide a toll-free telephone number through which any borrower residing in this State may direct telephone inquiries on outstanding loans during regular business hours.



Md. Com. L. Code Ann. § 13-316. Mortgage servicers.
(a) Definitions. --

(1) In this section the following terms have the meanings indicated.

(2) "Mortgage" includes a mortgage, deed of trust, security agreement, or other lien on 1 to 4 family residential real estate located in this State.

(3) "Servicer" means a person responsible for collection and payment of principal, interest, escrow, and other moneys under an original mortgage.

(b) Notice to mortgagor after acquisition of mortgage servicing. -- Within 7 days of acquiring mortgage servicing, a servicer shall send to the mortgagor a written notice containing the following information regarding the mortgage on the date of transfer:

(1) The name, address, and telephone number of the new servicer and the address where mortgage payments are to be forwarded;

(2) The principal balance and escrow balance;

(3) The telephone number of the contact designated under subsection (c) of this section;

(4) The responsibilities of the contact under subsection (c) of this section; and

(5) A statement that the servicer's violation of this section will result in the servicer being held liable under subsection (e) of this section.

(c) Contact person for complaints and inquiries. --

(1) A servicer shall designate a contact to whom mortgagors may direct complaints and inquiries.

(2) The contact shall respond in writing to each written complaint or inquiry within 15 days if requested.

(d) Payments of tax or insurance premiums. -- A servicer shall make timely payments of the taxes or insurance premiums due under the mortgage so long as the mortgagor has paid an amount sufficient to pay the tax or insurance premium due and, with regard to the taxes, so long as the servicer is in possession of either the tax bill or notice from the taxing authority.

(e) Penalties for noncompliance. --

(1) If a servicer fails to comply with any provision of this section, the servicer is liable for any economic damages caused by the violation.

(2) The penalties provided in this section are in addition to any other applicable remedies.

(f) Toll-free telephone number. -- A servicer shall provide a toll-free telephone number through which any borrower residing in this State may direct telephone inquiries on outstanding loans during regular business hours.



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Md. Com. L. Code Ann. § 13-317. Use of consumer identification information in connection with credit card payments.

(a) Prohibition. -- Except as provided in subsection (b) of this section, as a condition of accepting a credit card or device as payment for consumer credit, goods, realty, or services, a person may not record the address or telephone number of the credit card holder.

(b) Exceptions. -- A person may record the address or telephone number of a credit card holder if:

(1) The information is necessary for:

(i) The shipping, delivery, or installation of consumer goods; or

(ii) Special orders of consumer goods or services;

(2) Authorization from the credit card issuer as to the availability of credit is not required by the issuer to complete the credit card transaction; or

(3) The person processes credit card transactions by mailing transaction forms to a designated bankcard center for settlement.

(c) Request for identification. -- A person accepting a credit card or device as payment for consumer credit, goods, realty, or services may request that the credit card holder display a form of identification.



Md. Com. L. Code Ann. § 13-317. Use of consumer identification information in connection with credit card payments.

(a) Prohibition. -- Except as provided in subsection (b) of this section, as a condition of accepting a credit card or device as payment for consumer credit, goods, realty, or services, a person may not record the address or telephone number of the credit card holder.

(b) Exceptions. -- A person may record the address or telephone number of a credit card holder if:

(1) The information is necessary for:

(i) The shipping, delivery, or installation of consumer goods; or

(ii) Special orders of consumer goods or services;

(2) Authorization from the credit card issuer as to the availability of credit is not required by the issuer to complete the credit card transaction; or

(3) The person processes credit card transactions by mailing transaction forms to a designated bankcard center for settlement.

(c) Request for identification. -- A person accepting a credit card or device as payment for consumer credit, goods, realty, or services may request that the credit card holder display a form of identification.



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Md. Com. L. Code Ann. § 13-318. Use of credit card information in connection with payment by check.

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Drawer" means the individual who makes or signs a check or other draft.

(3) "Draft" does not include a credit or debit card sales draft.

(b) Prohibitions. -- Subject to the provisions of subsection (c) of this section, as a condition of accepting a check or other draft as payment for consumer credit, goods, realty, or services, a person may not request or record the account number of any credit card of the drawer of the check or other draft.

(c) Exceptions. -- The provisions of this section do not prohibit a person from:

(1) Requesting the drawer to display a credit card for purposes only of identification or credit worthiness;

(2) Requesting or recording the type or issuer of a credit card of the drawer; or

(3) Recording the number and expiration date of a credit card if the person requesting the information has agreed with the credit card issuer to cash checks as a service to the issuer's cardholders and the issuer has agreed to guarantee payment of cardholder checks cashed by that person.



Md. Com. L. Code Ann. § 13-318. Use of credit card information in connection with payment by check.

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Drawer" means the individual who makes or signs a check or other draft.

(3) "Draft" does not include a credit or debit card sales draft.

(b) Prohibitions. -- Subject to the provisions of subsection (c) of this section, as a condition of accepting a check or other draft as payment for consumer credit, goods, realty, or services, a person may not request or record the account number of any credit card of the drawer of the check or other draft.

(c) Exceptions. -- The provisions of this section do not prohibit a person from:

(1) Requesting the drawer to display a credit card for purposes only of identification or credit worthiness;

(2) Requesting or recording the type or issuer of a credit card of the drawer; or

(3) Recording the number and expiration date of a credit card if the person requesting the information has agreed with the credit card issuer to cash checks as a service to the issuer's cardholders and the issuer has agreed to guarantee payment of cardholder checks cashed by that person.



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Md. Com. L. Code Ann. § 13-319. Statement that rebate is only available by mail.

If a merchant advertises a rebate for consumer goods that is available only if a consumer mails in a rebate form, the advertisement shall clearly state that the rebate is only available by mail.
Md. Com. L. Code Ann. § 13-319. Statement that rebate is only available by mail.

If a merchant advertises a rebate for consumer goods that is available only if a consumer mails in a rebate form, the advertisement shall clearly state that the rebate is only available by mail.

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Md. Com. L. Code Ann. § 13-401. Consumer's complaint.
(a) Contents of complaint. -- A consumer who is subjected to a violation of this title may file with the Division a written complaint which states:

(1) The name and address of the person alleged to have committed the violation complained of;

(2) The particulars of the violation; and

(3) Any other information required by the Division.

(b) Investigation. -- After the filing of a complaint, the Division shall investigate the allegations to ascertain issues and facts. If appropriate, the Division shall refer a complaint to the Federal Trade Commission.

(c) Cooperation with licensing authorities and contracting departments. -- The Division may seek the cooperation of the licensing authorities and contracting departments of the State in connection with its investigation of a person who is licensed to do business in the State or who has a contractual relationship with the State.

(d) Dismissal of complaint. -- If the Division determines that the complaint lacks reasonable grounds on which to base a violation of this subtitle, it may:

(1) Dismiss the complaint; or

(2) Conduct any further investigation it considers necessary.

(e) Consumer may resort to other remedies. -- This section does not prevent a consumer from:

(1) Exercising any right or seeking any remedy to which he might otherwise be entitled; or

(2) Filing a complaint with any other agency or court.




Md. Com. L. Code Ann. § 13-401. Consumer's complaint.
(a) Contents of complaint. -- A consumer who is subjected to a violation of this title may file with the Division a written complaint which states:

(1) The name and address of the person alleged to have committed the violation complained of;

(2) The particulars of the violation; and

(3) Any other information required by the Division.

(b) Investigation. -- After the filing of a complaint, the Division shall investigate the allegations to ascertain issues and facts. If appropriate, the Division shall refer a complaint to the Federal Trade Commission.

(c) Cooperation with licensing authorities and contracting departments. -- The Division may seek the cooperation of the licensing authorities and contracting departments of the State in connection with its investigation of a person who is licensed to do business in the State or who has a contractual relationship with the State.

(d) Dismissal of complaint. -- If the Division determines that the complaint lacks reasonable grounds on which to base a violation of this subtitle, it may:

(1) Dismiss the complaint; or

(2) Conduct any further investigation it considers necessary.

(e) Consumer may resort to other remedies. -- This section does not prevent a consumer from:

(1) Exercising any right or seeking any remedy to which he might otherwise be entitled; or

(2) Filing a complaint with any other agency or court.




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Md. Com. L. Code Ann. § 13-402. Conciliation.
(a) Division to seek conciliation; exception. --

(1) If the Division determines that there are reasonable grounds to believe that a violation has occurred, it shall, except as provided in paragraph (2), attempt to conciliate the matter by methods of conference and persuasion with all interested parties and any representatives which they may choose to assist them.

(2) If the Division determines that violations are occurring which are causing immediate, substantial and irreparable injury, the Attorney General may seek an ex parte or interlocutory injunction pursuant to § 13-406 of this subtitle, without first attempting conciliation.

(3) The terms of any conciliation agreed to by the parties may be made part of a written assurance of discontinuance or settlement agreement to be signed by the Division and each party. The assurance or agreement is for conciliation purposes only and does not constitute an admission by any party that the law has been violated.

(b) Assurance, agreement, or order may include certain stipulations or conditions. --

(1) A written assurance of discontinuance or a settlement agreement may include a stipulation or condition for the violator or alleged violator to:

(i) Pay the costs of investigation by the Division;

(ii) Make restitution to the consumer of money, property, or any other thing received from the consumer in connection with a violation or alleged violation of this title;

(iii) Pay economic damages;

(iv) Post a performance bond or other security; and

(v) Provide information to the Division that is appropriate to assist the public in obtaining relief or to prevent future violations.

(2) When a violator or alleged violator agrees or is ordered to post a performance bond or other security, in determining the amount of security to be posted, the Division shall consider:

(i) The nature of the violation;

(ii) The amount of money, property, or any other thing received from the consumer in connection with the violation;

(iii) Whether full restitution has been paid to the consumer; and

(iv) The risk of future harm to consumers.

(3) In addition to the stipulations and conditions listed in paragraph (1) of this subsection, the Division may use any other stipulation, condition, or remedy necessary to correct a violation of this title.

(4) A cease and desist order issued under § 13-403 of this subtitle may include any stipulation or condition listed in this subsection.

(c) Violation of assurance or agreement. --

(1) It is a violation of this title to fail to adhere to any provision contained in a written assurance of discontinuance or settlement agreement.

(2) A failure by the Division to enforce a violation of any provision of the assurance or agreement does not constitute a waiver of any other provision or of any right of the Division.



Md. Com. L. Code Ann. § 13-402. Conciliation.
(a) Division to seek conciliation; exception. --

(1) If the Division determines that there are reasonable grounds to believe that a violation has occurred, it shall, except as provided in paragraph (2), attempt to conciliate the matter by methods of conference and persuasion with all interested parties and any representatives which they may choose to assist them.

(2) If the Division determines that violations are occurring which are causing immediate, substantial and irreparable injury, the Attorney General may seek an ex parte or interlocutory injunction pursuant to § 13-406 of this subtitle, without first attempting conciliation.

(3) The terms of any conciliation agreed to by the parties may be made part of a written assurance of discontinuance or settlement agreement to be signed by the Division and each party. The assurance or agreement is for conciliation purposes only and does not constitute an admission by any party that the law has been violated.

(b) Assurance, agreement, or order may include certain stipulations or conditions. --

(1) A written assurance of discontinuance or a settlement agreement may include a stipulation or condition for the violator or alleged violator to:

(i) Pay the costs of investigation by the Division;

(ii) Make restitution to the consumer of money, property, or any other thing received from the consumer in connection with a violation or alleged violation of this title;

(iii) Pay economic damages;

(iv) Post a performance bond or other security; and

(v) Provide information to the Division that is appropriate to assist the public in obtaining relief or to prevent future violations.

(2) When a violator or alleged violator agrees or is ordered to post a performance bond or other security, in determining the amount of security to be posted, the Division shall consider:

(i) The nature of the violation;

(ii) The amount of money, property, or any other thing received from the consumer in connection with the violation;

(iii) Whether full restitution has been paid to the consumer; and

(iv) The risk of future harm to consumers.

(3) In addition to the stipulations and conditions listed in paragraph (1) of this subsection, the Division may use any other stipulation, condition, or remedy necessary to correct a violation of this title.

(4) A cease and desist order issued under § 13-403 of this subtitle may include any stipulation or condition listed in this subsection.

(c) Violation of assurance or agreement. --

(1) It is a violation of this title to fail to adhere to any provision contained in a written assurance of discontinuance or settlement agreement.

(2) A failure by the Division to enforce a violation of any provision of the assurance or agreement does not constitute a waiver of any other provision or of any right of the Division.



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Md. Com. L. Code Ann. § 13-403. Cease and desist order

(a) Hearing. --

(1) The Division may hold a public hearing to determine if a violation of this title has occurred.

(2) The Division shall serve:

(i) A statement of charges on the alleged violator; and

(ii) A notice of the time and place of hearing on each party of record.

(3) The Division shall hold the hearing not less than ten days after service of the statement of charges. Each party of record may appear before the Division in person or, at his option, by his authorized representative and may have the assistance of an attorney. The parties may present evidence and cross-examine witnesses. All testimony shall be given under oath and may be required by the issuance of a subpoena signed by the Division. Irrelevant, unduly repetitious, or protracted evidence may not be admitted. Hearings may be limited by the Division if the Division so notifies each party before the hearing.

(4) The Division shall keep a full record of the hearing. The record shall be open to inspection by any person. On request of an interested party to the proceeding, the Division shall furnish the party a copy of the hearing record at a cost which the Division considers appropriate.

(b) Findings and order. --

(1) (i) If, at the conclusion of the hearing, the Division determines on the preponderance of evidence that the alleged violator violated this title, the Division shall state its findings and issue an order requiring the violator to cease and desist from the violation and to take affirmative action, including the restitution of money or property.

(ii) The order may contain any stipulation or condition listed in § 13-402(b) of this subtitle.

(iii) The order shall contain a notice which states that if the Division determines that the violator has not corrected the violation and complied with the order within 30 days following service of the order, the Division shall proceed with enforcement pursuant to this subtitle.

(2) If, at the conclusion of the hearing, the Division determines on the preponderance of evidence that the alleged violator did not violate this title, the Division shall state its findings and issue an order dismissing the complaint.

(c) Civil action. --

(1) If, at any time after a complaint has been filed, the Division believes that an appropriate civil action to preserve the status quo or prevent irreparable harm is advisable, it may file an action in court, including an action which seeks a temporary restraining order or preliminary injunction.

(2) To obtain compliance with its order, the Division may institute a civil proceeding, including a proceeding which seeks a restraining order and a temporary or permanent injunction.

(d) Issuance without hearing. --

(1) Notwithstanding the provisions of subsection (b) of this section, the Division may issue a cease and desist order without first conducting a hearing if the Division has reasonable grounds to believe that:

(i) A person has violated this title;

(ii) The person will continue to violate this title causing harm to additional consumers; and

(iii) Consumers harmed by the violations will be unable to obtain restitution after a cease and desist hearing.

(2) (i) If the Division intends to issue a cease and desist order under this subsection against a person who is in compliance with all applicable State and local registration, licensing, and bonding laws, and is operating out of a fixed retail location in the State, the Division shall serve an unsigned copy of the order on the person at least 3 business days before it is to be issued.

(ii) The unsigned copy shall be served by delivering it to an employee or agent of the person at the fixed retail location or, if the person operates more than one retail location in the State, at the location that serves as the person's principal office.

(iii) If the person presents evidence or security establishing that the person will be able to pay restitution after a cease and desist hearing, the order may not be issued.

(iv) If, after the person presents evidence under subparagraph (iii) of this paragraph, the Division issues the order, the order shall discuss that evidence and state with specificity the reasonable grounds the Division has to believe that consumers harmed by the violations will be unable to obtain restitution after a cease and desist hearing.

(3) A cease and desist order issued under this subsection shall grant the respondent an opportunity to request a hearing under this section following issuance of the order.

(4) A hearing shall be held within 7 days after the day on which a request for hearing is made.

(5) If no request is made, an order entered under this subsection is final 30 days after the day on which the order is entered.


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Md. Com. L. Code Ann. § 13-403. Cease and desist order

(a) Hearing. --

(1) The Division may hold a public hearing to determine if a violation of this title has occurred.

(2) The Division shall serve:

(i) A statement of charges on the alleged violator; and

(ii) A notice of the time and place of hearing on each party of record.

(3) The Division shall hold the hearing not less than ten days after service of the statement of charges. Each party of record may appear before the Division in person or, at his option, by his authorized representative and may have the assistance of an attorney. The parties may present evidence and cross-examine witnesses. All testimony shall be given under oath and may be required by the issuance of a subpoena signed by the Division. Irrelevant, unduly repetitious, or protracted evidence may not be admitted. Hearings may be limited by the Division if the Division so notifies each party before the hearing.

(4) The Division shall keep a full record of the hearing. The record shall be open to inspection by any person. On request of an interested party to the proceeding, the Division shall furnish the party a copy of the hearing record at a cost which the Division considers appropriate.

(b) Findings and order. --

(1) (i) If, at the conclusion of the hearing, the Division determines on the preponderance of evidence that the alleged violator violated this title, the Division shall state its findings and issue an order requiring the violator to cease and desist from the violation and to take affirmative action, including the restitution of money or property.

(ii) The order may contain any stipulation or condition listed in § 13-402(b) of this subtitle.

(iii) The order shall contain a notice which states that if the Division determines that the violator has not corrected the violation and complied with the order within 30 days following service of the order, the Division shall proceed with enforcement pursuant to this subtitle.

(2) If, at the conclusion of the hearing, the Division determines on the preponderance of evidence that the alleged violator did not violate this title, the Division shall state its findings and issue an order dismissing the complaint.

(c) Civil action. --

(1) If, at any time after a complaint has been filed, the Division believes that an appropriate civil action to preserve the status quo or prevent irreparable harm is advisable, it may file an action in court, including an action which seeks a temporary restraining order or preliminary injunction.

(2) To obtain compliance with its order, the Division may institute a civil proceeding, including a proceeding which seeks a restraining order and a temporary or permanent injunction.

(d) Issuance without hearing. --

(1) Notwithstanding the provisions of subsection (b) of this section, the Division may issue a cease and desist order without first conducting a hearing if the Division has reasonable grounds to believe that:

(i) A person has violated this title;

(ii) The person will continue to violate this title causing harm to additional consumers; and

(iii) Consumers harmed by the violations will be unable to obtain restitution after a cease and desist hearing.

(2) (i) If the Division intends to issue a cease and desist order under this subsection against a person who is in compliance with all applicable State and local registration, licensing, and bonding laws, and is operating out of a fixed retail location in the State, the Division shall serve an unsigned copy of the order on the person at least 3 business days before it is to be issued.

(ii) The unsigned copy shall be served by delivering it to an employee or agent of the person at the fixed retail location or, if the person operates more than one retail location in the State, at the location that serves as the person's principal office.

(iii) If the person presents evidence or security establishing that the person will be able to pay restitution after a cease and desist hearing, the order may not be issued.

(iv) If, after the person presents evidence under subparagraph (iii) of this paragraph, the Division issues the order, the order shall discuss that evidence and state with specificity the reasonable grounds the Division has to believe that consumers harmed by the violations will be unable to obtain restitution after a cease and desist hearing.

(3) A cease and desist order issued under this subsection shall grant the respondent an opportunity to request a hearing under this section following issuance of the order.

(4) A hearing shall be held within 7 days after the day on which a request for hearing is made.

(5) If no request is made, an order entered under this subsection is final 30 days after the day on which the order is entered.


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Md. Com. L. Code Ann. § 13-404.Arbitration of disputes.

(a) Submission to arbitration. -- Notwithstanding any other provision of this title, the Division may enter into an agreement with a person in the State to submit a dispute arising under this title to arbitration in accordance with the Maryland Uniform Arbitration Act.

(b) Arbitration programs. --

(1) The Division may administer a program of voluntary arbitration of consumer disputes, including:

(i) The recruitment and training of volunteer arbitrators; and

(ii) The education of the public and business community as to the benefits of arbitration.

(2) The Division shall provide clerical help and office space for arbitration tribunals.

Md. Com. L. Code Ann. § 13-404.Arbitration of disputes.

(a) Submission to arbitration. -- Notwithstanding any other provision of this title, the Division may enter into an agreement with a person in the State to submit a dispute arising under this title to arbitration in accordance with the Maryland Uniform Arbitration Act.

(b) Arbitration programs. --

(1) The Division may administer a program of voluntary arbitration of consumer disputes, including:

(i) The recruitment and training of volunteer arbitrators; and

(ii) The education of the public and business community as to the benefits of arbitration.

(2) The Division shall provide clerical help and office space for arbitration tribunals.

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Md. Com. L. Code Ann. § 13-405. Subpoena Power. (a) Authority of Attorney General. -- In the course of any examination, investigation, or hearing conducted by him, the Attorney General may subpoena witnesses, administer oaths, examine an individual under oath, and compel production of records, books, papers, contracts, and other documents.

(b) Information inadmissible in criminal proceeding. -- Information obtained under this section is not admissible in a later criminal proceeding against the person who provides the evidence.



Md. Com. L. Code Ann. § 13-405. Subpoena Power. (a) Authority of Attorney General. -- In the course of any examination, investigation, or hearing conducted by him, the Attorney General may subpoena witnesses, administer oaths, examine an individual under oath, and compel production of records, books, papers, contracts, and other documents.

(b) Information inadmissible in criminal proceeding. -- Information obtained under this section is not admissible in a later criminal proceeding against the person who provides the evidence.



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Md. Com. L. Code Ann. § 13-406. Injunction.

(a) Attorney General may seek injunction. -- The Attorney General may seek an injunction to prohibit a person who has engaged or is engaging in a violation of this title from continuing or engaging in the violation.

(b) Notice of relief sought. -- The Attorney General shall serve notice of the general relief sought on the alleged violator at least seven days before the action for an injunction is filed.

(c) Order of court. -- The court may enter any order of judgment necessary to:

(1) Prevent the use by a person of any prohibited practice;

(2) Restore to a person any money or real or personal property acquired from him by means of any prohibited practice; or

(3) Appoint a receiver in case of willful violation of this title.


Md. Com. L. Code Ann. § 13-406. Injunction.

(a) Attorney General may seek injunction. -- The Attorney General may seek an injunction to prohibit a person who has engaged or is engaging in a violation of this title from continuing or engaging in the violation.

(b) Notice of relief sought. -- The Attorney General shall serve notice of the general relief sought on the alleged violator at least seven days before the action for an injunction is filed.

(c) Order of court. -- The court may enter any order of judgment necessary to:

(1) Prevent the use by a person of any prohibited practice;

(2) Restore to a person any money or real or personal property acquired from him by means of any prohibited practice; or

(3) Appoint a receiver in case of willful violation of this title.


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Md. Com. L. Code Ann. § 13-407. Aggrieved party may institute other proceedings.
If a person is aggrieved by an order or decision of the Division, he may institute any appropriate proceeding he considers necessary.

Md. Com. L. Code Ann. § 13-407. Aggrieved party may institute other proceedings.
If a person is aggrieved by an order or decision of the Division, he may institute any appropriate proceeding he considers necessary.

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Md. Com. L. Code Ann. § 13-408. Action for damages.
(a) Actions authorized. -- In addition to any action by the Division or Attorney General authorized by this title and any other action otherwise authorized by law, any person may bring an action to recover for injury or loss sustained by him as the result of a practice prohibited by this title.

(b) Attorney's fees. -- Any person who brings an action to recover for injury or loss under this section and who is awarded damages may also seek, and the court may award, reasonable attorney's fees.

(c) Frivolous actions. -- If it appears to the satisfaction of the court, at any time, that an action is brought in bad faith or is of a frivolous nature, the court may order the offending party to pay to the other party reasonable attorney's fees.

(d) Exclusion of action to recover for injuries from health care provider. -- Notwithstanding any other provision of this section, a person may not bring an action under this section to recover for injuries sustained as a result of the professional services provided by a health care provider, as defined in § 3-2A-01 of the Courts Article.




Md. Com. L. Code Ann. § 13-408. Action for damages.
(a) Actions authorized. -- In addition to any action by the Division or Attorney General authorized by this title and any other action otherwise authorized by law, any person may bring an action to recover for injury or loss sustained by him as the result of a practice prohibited by this title.

(b) Attorney's fees. -- Any person who brings an action to recover for injury or loss under this section and who is awarded damages may also seek, and the court may award, reasonable attorney's fees.

(c) Frivolous actions. -- If it appears to the satisfaction of the court, at any time, that an action is brought in bad faith or is of a frivolous nature, the court may order the offending party to pay to the other party reasonable attorney's fees.

(d) Exclusion of action to recover for injuries from health care provider. -- Notwithstanding any other provision of this section, a person may not bring an action under this section to recover for injuries sustained as a result of the professional services provided by a health care provider, as defined in § 3-2A-01 of the Courts Article.




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Md. Com. L. Code Ann. § 13-409.Recovery of costs by Attorney General.
In any action brought by the Attorney General under the provisions of this title, the Attorney General is entitled to recover the costs of the action for the use of the State.


Md. Com. L. Code Ann. § 13-409.Recovery of costs by Attorney General.
In any action brought by the Attorney General under the provisions of this title, the Attorney General is entitled to recover the costs of the action for the use of the State.


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Md. Com. L. Code Ann. § 13-410. Civil penalty -- Merchants.
(a) First violation. -- A merchant who engages in a violation of this title is subject to a fine of not more than $ 1,000 for each violation.

(b) Subsequent violation. -- A merchant who has been found to have engaged in a violation of this title and who subsequently repeats the same violation is subject to a fine of not more than $ 5,000 for each subsequent violation.

(c) Fines as civil penalties. -- The fines provided for in subsections (a) and (b) of this section are civil penalties and are recoverable by the State in a civil action or an administrative cease and desist action under § 13-403 (a) and (b) of this subtitle or after an administrative hearing has been held under § 13-403 (d) (3) and (4) of this subtitle.

(d) Factors affecting penalty amount. -- The Consumer Protection Division shall consider the following in setting the amount of the penalty imposed in an administrative proceeding:

(1) The severity of the violation for which the penalty is assessed;

(2) The good faith of the violator;

(3) Any history of prior violations;

(4) Whether the amount of the penalty will achieve the desired deterrent purpose; and

(5) Whether the issuance of a cease and desist order, including restitution, is insufficient for the protection of consumers.




Md. Com. L. Code Ann. § 13-410. Civil penalty -- Merchants.
(a) First violation. -- A merchant who engages in a violation of this title is subject to a fine of not more than $ 1,000 for each violation.

(b) Subsequent violation. -- A merchant who has been found to have engaged in a violation of this title and who subsequently repeats the same violation is subject to a fine of not more than $ 5,000 for each subsequent violation.

(c) Fines as civil penalties. -- The fines provided for in subsections (a) and (b) of this section are civil penalties and are recoverable by the State in a civil action or an administrative cease and desist action under § 13-403 (a) and (b) of this subtitle or after an administrative hearing has been held under § 13-403 (d) (3) and (4) of this subtitle.

(d) Factors affecting penalty amount. -- The Consumer Protection Division shall consider the following in setting the amount of the penalty imposed in an administrative proceeding:

(1) The severity of the violation for which the penalty is assessed;

(2) The good faith of the violator;

(3) Any history of prior violations;

(4) Whether the amount of the penalty will achieve the desired deterrent purpose; and

(5) Whether the issuance of a cease and desist order, including restitution, is insufficient for the protection of consumers.




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Md. Com. L. Code Ann. § 13-411. Criminal penalties.

(a) General penalty provision. -- Except as provided in subsection (b) of this section, any person who violates any provision of this title is guilty of a misdemeanor and, unless another criminal penalty is specifically provided elsewhere, on conviction is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding one year or both, in addition to any civil penalties.

(b) Exception. -- A person may not be imprisoned for violation of any provision of an order of the Attorney General or an agreement of a party relating to unit pricing under Title 14, Subtitle 1 of this article.



Md. Com. L. Code Ann. § 13-411. Criminal penalties.

(a) General penalty provision. -- Except as provided in subsection (b) of this section, any person who violates any provision of this title is guilty of a misdemeanor and, unless another criminal penalty is specifically provided elsewhere, on conviction is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding one year or both, in addition to any civil penalties.

(b) Exception. -- A person may not be imprisoned for violation of any provision of an order of the Attorney General or an agreement of a party relating to unit pricing under Title 14, Subtitle 1 of this article.



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Md. Com. L. Code Ann. § 13-4A-01. Created


There is a Health Education and Advocacy Unit in the Division.


Md. Com. L. Code Ann. § 13-4A-01. Created


There is a Health Education and Advocacy Unit in the Division.


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Md. Com. L. Code Ann. § 13-4A-02. Duties.

(a) Implementation of educational and advocacy program. -- The Unit may implement an educational and advocacy program designed to:

(1) Enable health care consumers to make more informed choices in the health marketplace, and to be able to participate in decisions concerning their health care; and

(2) Otherwise promote the interest of health consumers in the health marketplace.

(b) Assistance to health care consumers. --

(1) (i) The Unit may assist health care consumers in understanding their health care bills and third party coverage, in identifying improper billing or coverage determinations, and in reporting any billing or coverage problems to appropriate entities, including the Division, the Attorney General or other governmental agencies, insurers, or providers.

(ii) Whenever the Unit requests information from an insurer, nonprofit health service plan, or health maintenance organization in order to assist a health care consumer for the purposes provided in this paragraph, the insurer, nonprofit health service plan, or health maintenance organization shall provide the information to the Unit no later than 7 working days from the date the insurer, nonprofit health service plan, or health maintenance organization received the request.

(2) Whenever any billing or coverage question concerns the adequacy or propriety of any services or treatment, the Unit shall refer the matter to an appropriate professional, licensing, or disciplinary body, as applicable. The Unit may monitor the progress of the concerns raised by health consumers through such referrals.

(3) Whenever any billing or coverage question concerns a matter within the jurisdiction of the Insurance Commissioner, the Unit shall refer the matter to the Commissioner. The Unit may monitor the progress of the concerns raised by health consumers through such referrals.

(4) The Unit shall work with the Department of Health and Mental Hygiene to assist with resolving any billing or coverage questions as necessary.

(c) Recommendations to Attorney General, Governor, General Assembly, etc.; duty to provide information. -- The Unit may:

(1) Recommend to the Attorney General, the Governor, the General Assembly, or other appropriate governmental agencies any measures that will promote the interests of health consumers in the health marketplace; and

(2) Present for consideration relevant information on the effects on health care consumers generally in any agency proceeding which is otherwise open to the public.

(d) Bringing certain civil actions prohibited. -- Nothing in this section shall mean that the Unit may have authority to bring any civil action seeking review of a State agency determination.



Md. Com. L. Code Ann. § 13-4A-02. Duties.

(a) Implementation of educational and advocacy program. -- The Unit may implement an educational and advocacy program designed to:

(1) Enable health care consumers to make more informed choices in the health marketplace, and to be able to participate in decisions concerning their health care; and

(2) Otherwise promote the interest of health consumers in the health marketplace.

(b) Assistance to health care consumers. --

(1) (i) The Unit may assist health care consumers in understanding their health care bills and third party coverage, in identifying improper billing or coverage determinations, and in reporting any billing or coverage problems to appropriate entities, including the Division, the Attorney General or other governmental agencies, insurers, or providers.

(ii) Whenever the Unit requests information from an insurer, nonprofit health service plan, or health maintenance organization in order to assist a health care consumer for the purposes provided in this paragraph, the insurer, nonprofit health service plan, or health maintenance organization shall provide the information to the Unit no later than 7 working days from the date the insurer, nonprofit health service plan, or health maintenance organization received the request.

(2) Whenever any billing or coverage question concerns the adequacy or propriety of any services or treatment, the Unit shall refer the matter to an appropriate professional, licensing, or disciplinary body, as applicable. The Unit may monitor the progress of the concerns raised by health consumers through such referrals.

(3) Whenever any billing or coverage question concerns a matter within the jurisdiction of the Insurance Commissioner, the Unit shall refer the matter to the Commissioner. The Unit may monitor the progress of the concerns raised by health consumers through such referrals.

(4) The Unit shall work with the Department of Health and Mental Hygiene to assist with resolving any billing or coverage questions as necessary.

(c) Recommendations to Attorney General, Governor, General Assembly, etc.; duty to provide information. -- The Unit may:

(1) Recommend to the Attorney General, the Governor, the General Assembly, or other appropriate governmental agencies any measures that will promote the interests of health consumers in the health marketplace; and

(2) Present for consideration relevant information on the effects on health care consumers generally in any agency proceeding which is otherwise open to the public.

(d) Bringing certain civil actions prohibited. -- Nothing in this section shall mean that the Unit may have authority to bring any civil action seeking review of a State agency determination.



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Md. Com. L. Code Ann. § 13-4A-03. Funds for administration and operation of Unit.
To the extent possible, the Attorney General's Office shall include in its annual budget funds for the administration and operation of the Unit.


Md. Com. L. Code Ann. § 13-4A-03. Funds for administration and operation of Unit.
To the extent possible, the Attorney General's Office shall include in its annual budget funds for the administration and operation of the Unit.


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Md. Com. L. Code Ann. § 13-4A-04. Annual and quarterly reports

The Unit shall prepare each annual and quarterly report required under Title 15, Subtitle 10A of the Insurance Article




Md. Com. L. Code Ann. § 13-4A-04. Annual and quarterly reports

The Unit shall prepare each annual and quarterly report required under Title 15, Subtitle 10A of the Insurance Article




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Md. Com. L. Code Ann. § 13-501. Short Title. This title may be cited as the Maryland Consumer Protection Act
Md. Com. L. Code Ann. § 13-102. Definitions This title may be cited as the Maryland Consumer Protection Act

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Md. Com. L. Code Ann. § 14-101. Definitions (a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Consumer commodity. -- "Consumer commodity" means any food, drug, cosmetic, or other article, product, or commodity of any kind or class which is:

(1) Customarily produced for sale at retail for consumption by individuals for purposes of personal care or in the performance of services ordinarily performed in or around the household; and

(2) Usually consumed or expended in the course of that use or performance other than by wear or deterioration from use.

(c) Division. -- "Division" means the Division of Consumer Protection of the Office of the Attorney General.

(d) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(e) Unit price. -- "Unit price" means the retail price of an item expressed in dollars and cents per unit. In addition to any units commonly in use in the United States, the following units may be used if appropriate:

(1) Per pound for an item the net quantity of which is expressed in pounds, ounces, or both;

(2) Per kilogram (1000 grams) for an item the net quantity of which is expressed in kilograms, grams, or both;

(3) Per meter (100 centimeters) for an item the net quantity of which is expressed in meters, centimeters, millimeters, or a combination of them;

(4) Per quart for an item the net quantity of which is expressed in quarts, pints, fluid ounces, or a combination of them;

(5) Per liter for an item the net quantity of which is expressed in liters and milliliters, or a combination of them;

(6) Per 100 feet for an item the net quantity of which is expressed in yards, feet, inches, or a combination of them;

(7) Per 100 square feet for an item the net quantity of which is expressed in square yards, square feet, square inches, or a combination of them; or

(8) Per 100 units for an item the net quantity of which is expressed in terms of a numerical count.


Md. Com. L. Code Ann. § 14-101. Definitions (a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Consumer commodity. -- "Consumer commodity" means any food, drug, cosmetic, or other article, product, or commodity of any kind or class which is:

(1) Customarily produced for sale at retail for consumption by individuals for purposes of personal care or in the performance of services ordinarily performed in or around the household; and

(2) Usually consumed or expended in the course of that use or performance other than by wear or deterioration from use.

(c) Division. -- "Division" means the Division of Consumer Protection of the Office of the Attorney General.

(d) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(e) Unit price. -- "Unit price" means the retail price of an item expressed in dollars and cents per unit. In addition to any units commonly in use in the United States, the following units may be used if appropriate:

(1) Per pound for an item the net quantity of which is expressed in pounds, ounces, or both;

(2) Per kilogram (1000 grams) for an item the net quantity of which is expressed in kilograms, grams, or both;

(3) Per meter (100 centimeters) for an item the net quantity of which is expressed in meters, centimeters, millimeters, or a combination of them;

(4) Per quart for an item the net quantity of which is expressed in quarts, pints, fluid ounces, or a combination of them;

(5) Per liter for an item the net quantity of which is expressed in liters and milliliters, or a combination of them;

(6) Per 100 feet for an item the net quantity of which is expressed in yards, feet, inches, or a combination of them;

(7) Per 100 square feet for an item the net quantity of which is expressed in square yards, square feet, square inches, or a combination of them; or

(8) Per 100 units for an item the net quantity of which is expressed in terms of a numerical count.


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Md. Com. L. Code Ann. § 14-102. Exemptions from unit pricing.

(a) Exemptions. -- This subtitle does not apply to:

(1) Prepackaged food which contains separately identifiable items that are separated by physical division within the package;

(2) Any item sold only by prescription;

(3) Any item subject to the packaging or labeling requirements of the federal Bureau of Alcohol, Tobacco and Firearms or to any pricing requirements under federal law;

(4) Any item actually being sold through a vending machine;

(5) Any item delivered directly to a retail sales agency without passing through warehousing or other inventory facility used by the agency; or

(6) Except as provided in subsection (b) of this section, a retail sales agency which:

(i) During the preceding calendar year, sold a gross volume of consumer commodities of less than $ 750,000;

(ii) Is not part of a company which consists of ten or more sales agencies in or out of the State;

(iii) Derives less than 15 percent of its total revenues from consumer commodities subject to this subtitle; or

(iv) Is owned and operated by not more than one individual and the members of his immediate family.

(b) Exceptions. -- A sales agency which otherwise is exempt under subsection (a) (6) of this section nevertheless is subject to this subtitle if, during the preceding calendar year, the company of which the sales agency is a part has a gross volume of sales of consumer commodities in excess of $ 30,000,000
Md. Com. L. Code Ann. § 13-102. Definitions(a)Findings. --

(1) The General Assembly of Maryland finds that consumer protection is one of the major issues which confront all levels of government, and that there has been mounting concern over the increase of deceptive practices in connection with sales of merchandise, real property, and services and the extension of credit.

(2) The General Assembly recognizes that there are federal and State laws which offer protection in these areas, especially insofar as consumer credit practices are concerned, but it finds that existing laws are inadequate, poorly coordinated and not widely known or adequately enforced.

(3) The General Assembly of Maryland also finds, as a result of public hearings in some of the metropolitan counties during the 1973 interim, that improved enforcement procedures are necessary to help alleviate the growing problem of deceptive consumer practices and urges that favorable consideration be given to requests for increased budget allocation for increases in staff and other measures tending to improve the enforcement capabilities or increase the authority of the Division.

(b) Purpose. --

(1) It is the intention of this legislation to set certain minimum statewide standards for the protection of consumers across the State, and the General Assembly strongly urges that local subdivisions which have created consumer protection agencies at the local level encourage the function of these agencies at least to the minimum level set forth in the standards of this title.

(2) The General Assembly is concerned that public confidence in merchants offering goods, services, realty, and credit is being undermined, although the majority of business people operate with integrity and sincere regard for the consumer.

(3) The General Assembly concludes, therefore, that it should take strong protective and preventive steps to investigate unlawful consumer practices, to assist the public in obtaining relief from these practices, and to prevent these practices from occurring in Maryland. It is the purpose of this title to accomplish these ends and thereby maintain the health and welfare of the citizens of the State.
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Md. Com. L. Code Ann. § 14-103. Required disclosures
(a) Price information required -- In general. -- Except as provided in § 14-102 of this subtitle, each person who sells or offers or displays for sale a consumer commodity at retail shall disclose:

(1) The total price of the consumer commodity; or

(2) Except as provided in subsection (c) of this section, the unit price of the consumer commodity if:

(i) It is sold only by units; or

(ii) It is a prepackaged or retail-packaged consumer commodity within any of the following categories:

1. Foods, condiments, cooking oils, shortenings, and similar consumer commodities;

2. Paper products, including napkins, towels, and tissues;

3. Wrapping products, including those made of paper, plastic, and aluminum; and

4. Soaps, detergents, cleansing aids, deodorizing aids, and similar consumer commodities.

(b) Same -- Multiple packages. -- If a packaged consumer commodity described in subsection (a) (2) (ii) of this section is priced for a multiple-package purchase, the seller shall disclose the unit price of that commodity on the basis of the multiple package.

(c) Extent of unit price disclosure. -- A person is not required to disclose the unit price of a consumer commodity described in subsection (a) (2) of this section if he then is disclosing unit prices for at least 90 percent of the dollar volume or number of items of all his consumer commodities which are subject to the disclosure requirements of subsection (a) (2) of this section.


Md. Com. L. Code Ann. § 14-103. Required disclosures
(a) Price information required -- In general. -- Except as provided in § 14-102 of this subtitle, each person who sells or offers or displays for sale a consumer commodity at retail shall disclose:

(1) The total price of the consumer commodity; or

(2) Except as provided in subsection (c) of this section, the unit price of the consumer commodity if:

(i) It is sold only by units; or

(ii) It is a prepackaged or retail-packaged consumer commodity within any of the following categories:

1. Foods, condiments, cooking oils, shortenings, and similar consumer commodities;

2. Paper products, including napkins, towels, and tissues;

3. Wrapping products, including those made of paper, plastic, and aluminum; and

4. Soaps, detergents, cleansing aids, deodorizing aids, and similar consumer commodities.

(b) Same -- Multiple packages. -- If a packaged consumer commodity described in subsection (a) (2) (ii) of this section is priced for a multiple-package purchase, the seller shall disclose the unit price of that commodity on the basis of the multiple package.

(c) Extent of unit price disclosure. -- A person is not required to disclose the unit price of a consumer commodity described in subsection (a) (2) of this section if he then is disclosing unit prices for at least 90 percent of the dollar volume or number of items of all his consumer commodities which are subject to the disclosure requirements of subsection (a) (2) of this section.


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Md. Com. L. Code Ann. §14-104. Manner of disclosure.

The seller shall disclose the total price or unit price, as the case may be, for each item in the following manner:

(1) If the item is visible conspicuously to the consumer, by attachment of a stamp, tag, or label:

(i) Directly on the item or its package; or

(ii) Directly adjacent to the item or on the shelf on which the item is displayed; or

(2) If the item is not visible conspicuously to the consumer or if the stamp, tag, or label would not be visible conspicuously to the consumer, by a sign or list which contains the price information and is visible conspicuously to the consumer.


Md. Com. L. Code Ann. §14-104. Manner of disclosure.

The seller shall disclose the total price or unit price, as the case may be, for each item in the following manner:

(1) If the item is visible conspicuously to the consumer, by attachment of a stamp, tag, or label:

(i) Directly on the item or its package; or

(ii) Directly adjacent to the item or on the shelf on which the item is displayed; or

(2) If the item is not visible conspicuously to the consumer or if the stamp, tag, or label would not be visible conspicuously to the consumer, by a sign or list which contains the price information and is visible conspicuously to the consumer.


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Md. Com. L. Code Ann. § 14-105. Rules and regulations; grant of exemption

(a) General authority of Division. -- At the direction of the Attorney General, the Division may:

(1) In accordance with § 13-205 of this article, adopt reasonable rules and regulations appropriate to effectuate any provision of this subtitle, which rules and regulations, however, may not extend, modify, or conflict with this subtitle or its reasonable implications; and

(2) Grant to a sales agency an exemption from any requirement of this subtitle if the sales agency uses a program which is approximately as or more comprehensive than the program of unit pricing required by this subtitle.

(b) Violation of rules or regulations. -- A person who willfully violates any rule or regulation of the Division, in addition to any other penalty provided, is subject to the same penalty applicable to violation of the provision of this subtitle to which the rule or regulation relates.



Md. Com. L. Code Ann. § 14-105. Rules and regulations; grant of exemption

(a) General authority of Division. -- At the direction of the Attorney General, the Division may:

(1) In accordance with § 13-205 of this article, adopt reasonable rules and regulations appropriate to effectuate any provision of this subtitle, which rules and regulations, however, may not extend, modify, or conflict with this subtitle or its reasonable implications; and

(2) Grant to a sales agency an exemption from any requirement of this subtitle if the sales agency uses a program which is approximately as or more comprehensive than the program of unit pricing required by this subtitle.

(b) Violation of rules or regulations. -- A person who willfully violates any rule or regulation of the Division, in addition to any other penalty provided, is subject to the same penalty applicable to violation of the provision of this subtitle to which the rule or regulation relates.



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Md. Com. L. Code Ann. § 14-106. Enforcement
If the Division has reason to believe that a sales agency has violated any provision of this subtitle or any rule or regulation adopted under § 14-105 of this subtitle, the Attorney General or the Division at his direction may institute a proceeding under Title 13 of this article.



Md. Com. L. Code Ann. § 14-106. Enforcement
If the Division has reason to believe that a sales agency has violated any provision of this subtitle or any rule or regulation adopted under § 14-105 of this subtitle, the Attorney General or the Division at his direction may institute a proceeding under Title 13 of this article.



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Md. Com. L. Code Ann. § 14-107. Arbitration of Disputes. Notwithstanding any other provision of this subtitle, the Division may submit disputes under this subtitle for arbitration in accordance with the provisions of § 13-404 of this article
Md. Com. L. Code Ann. § 14-107. Arbitration of Disputes. Notwithstanding any other provision of this subtitle, the Division may submit disputes under this subtitle for arbitration in accordance with the provisions of § 13-404 of this article

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Md. Com. L. Code Ann. § 14-201. Definitions(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Collector. -- "Collector" means a person collecting or attempting to collect an alleged debt arising out of a consumer transaction.

(c) Consumer transaction. -- "Consumer transaction" means any transaction involving a person seeking or acquiring real or personal property, services, money, or credit for personal, family, or household purposes.

(d) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.



Md. Com. L. Code Ann. § 14-201. Definitions(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Collector. -- "Collector" means a person collecting or attempting to collect an alleged debt arising out of a consumer transaction.

(c) Consumer transaction. -- "Consumer transaction" means any transaction involving a person seeking or acquiring real or personal property, services, money, or credit for personal, family, or household purposes.

(d) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.



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Md. Com. L. Code Ann. § 14-202. Certain acts prohibited

In collecting or attempting to collect an alleged debt a collector may not:

(1) Use or threaten force or violence;

(2) Threaten criminal prosecution, unless the transaction involved the violation of a criminal statute;

(3) Disclose or threaten to disclose information which affects the debtor's reputation for credit worthiness with knowledge that the information is false;

(4) Except as permitted by statute, contact a person's employer with respect to a delinquent indebtedness before obtaining final judgment against the debtor;

(5) Except as permitted by statute, disclose or threaten to disclose to a person other than the debtor or his spouse or, if the debtor is a minor, his parent, information which affects the debtor's reputation, whether or not for credit worthiness, with knowledge that the other person does not have a legitimate business need for the information;

(6) Communicate with the debtor or a person related to him with the frequency, at the unusual hours, or in any other manner as reasonably can be expected to abuse or harass the debtor;

(7) Use obscene or grossly abusive language in communicating with the debtor or a person related to him;

(8) Claim, attempt, or threaten to enforce a right with knowledge that the right does not exist; or

(9) Use a communication which simulates legal or judicial process or gives the appearance of being authorized, issued, or approved by a government, governmental agency, or lawyer when it is not.



Md. Com. L. Code Ann. § 14-202. Certain acts prohibited

In collecting or attempting to collect an alleged debt a collector may not:

(1) Use or threaten force or violence;

(2) Threaten criminal prosecution, unless the transaction involved the violation of a criminal statute;

(3) Disclose or threaten to disclose information which affects the debtor's reputation for credit worthiness with knowledge that the information is false;

(4) Except as permitted by statute, contact a person's employer with respect to a delinquent indebtedness before obtaining final judgment against the debtor;

(5) Except as permitted by statute, disclose or threaten to disclose to a person other than the debtor or his spouse or, if the debtor is a minor, his parent, information which affects the debtor's reputation, whether or not for credit worthiness, with knowledge that the other person does not have a legitimate business need for the information;

(6) Communicate with the debtor or a person related to him with the frequency, at the unusual hours, or in any other manner as reasonably can be expected to abuse or harass the debtor;

(7) Use obscene or grossly abusive language in communicating with the debtor or a person related to him;

(8) Claim, attempt, or threaten to enforce a right with knowledge that the right does not exist; or

(9) Use a communication which simulates legal or judicial process or gives the appearance of being authorized, issued, or approved by a government, governmental agency, or lawyer when it is not.



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Md. Com. L. Code Ann. §14-203. Liability for damages.
A collector who violates any provision of this subtitle is liable for any damages proximately caused by the violation, including damages for emotional distress or mental anguish suffered with or without accompanying physical injury.


Md. Com. L. Code Ann. §14-203. Liability for damages.
A collector who violates any provision of this subtitle is liable for any damages proximately caused by the violation, including damages for emotional distress or mental anguish suffered with or without accompanying physical injury.


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Md. Com. L. Code Ann. §14-204. Short title.
This subtitle may be cited as the Maryland Consumer Debt Collection Act.



Md. Com. L. Code Ann. §14-204. Short title.
This subtitle may be cited as the Maryland Consumer Debt Collection Act.



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Md. Com. L. Code Ann. § 14-301. Definitions (a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Business day. -- "Business day" means any calendar day except Sunday or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.

(c) Consumer goods and services. -- "Consumer goods" and "consumer services" mean:

(1) Goods or services purchased, leased, or rented primarily for personal, family, or household purposes; and

(2) Courses of instruction or training regardless of the purpose for which they are taken.

(d) Door-to-door sale. --

(1) "Door-to-door sale" means a sale, lease, or rental of consumer goods or consumer services under single or multiple contracts with a purchase price of $ 25 or more, in which:

(i) The seller or his representative personally solicits the sale, including a solicitation in response to or following an invitation by the buyer; and

(ii) The buyer's agreement or offer to purchase is made at a place other than the place of business of the seller.

(2) "Door-to-door sale" does not include a transaction:

(i) Made pursuant to prior negotiations in the course of a visit by the buyer to a retail business establishment which has a fixed permanent location where the consumer goods are exhibited or the consumer services are offered for sale on a continuing basis;

(ii) In which the consumer may rescind under the provisions of the federal Consumer Credit Protection Act or any regulation adopted under the Act;

(iii) In which the buyer has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency of the buyer, and the buyer furnishes the seller with a separate dated and signed personal statement in the buyer's handwriting which describes the situation that requires immediate remedy and expressly acknowledges and waives the right to cancel the sale within three business days, and the seller in good faith makes a substantial beginning of the performance of the contract;

(iv) Conducted and consummated entirely by mail or telephone, without any other contact between the buyer and the seller or its representative before delivery of the consumer goods or performance of the consumer services;

(v) In which the buyer has initiated the contact and specifically requests the seller to visit his home to repair or perform maintenance on the buyer's personal property, except that, if, in the course of the visit, the seller sells the buyer the right to receive any additional consumer services or consumer goods, other than replacement parts necessarily used to perform the maintenance or to make the repairs, the sale of the additional consumer goods or consumer services is not within this exclusion; or

(vi) Which pertains to the sale or rental of real property, to the sale of insurance, or to the sale of securities or commodities by a broker-dealer registered with the Securities and Exchange Commission or with the Division of Securities of this State.

(e) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(f) Place of business. -- "Place of business" means the main or permanent branch office or local address of a seller.

(g) Purchase price. -- "Purchase price" means the total price paid or to be paid for the consumer goods or consumer services, including all interest and service charges.

(h) Sale. -- "Sale" means a door-to-door sale.

(i) Seller. -- "Seller" means a person engaged in the door-to-door sale of consumer goods or consumer services.




Md. Com. L. Code Ann. § 14-301. Definitions (a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Business day. -- "Business day" means any calendar day except Sunday or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day.

(c) Consumer goods and services. -- "Consumer goods" and "consumer services" mean:

(1) Goods or services purchased, leased, or rented primarily for personal, family, or household purposes; and

(2) Courses of instruction or training regardless of the purpose for which they are taken.

(d) Door-to-door sale. --

(1) "Door-to-door sale" means a sale, lease, or rental of consumer goods or consumer services under single or multiple contracts with a purchase price of $ 25 or more, in which:

(i) The seller or his representative personally solicits the sale, including a solicitation in response to or following an invitation by the buyer; and

(ii) The buyer's agreement or offer to purchase is made at a place other than the place of business of the seller.

(2) "Door-to-door sale" does not include a transaction:

(i) Made pursuant to prior negotiations in the course of a visit by the buyer to a retail business establishment which has a fixed permanent location where the consumer goods are exhibited or the consumer services are offered for sale on a continuing basis;

(ii) In which the consumer may rescind under the provisions of the federal Consumer Credit Protection Act or any regulation adopted under the Act;

(iii) In which the buyer has initiated the contact and the goods or services are needed to meet a bona fide immediate personal emergency of the buyer, and the buyer furnishes the seller with a separate dated and signed personal statement in the buyer's handwriting which describes the situation that requires immediate remedy and expressly acknowledges and waives the right to cancel the sale within three business days, and the seller in good faith makes a substantial beginning of the performance of the contract;

(iv) Conducted and consummated entirely by mail or telephone, without any other contact between the buyer and the seller or its representative before delivery of the consumer goods or performance of the consumer services;

(v) In which the buyer has initiated the contact and specifically requests the seller to visit his home to repair or perform maintenance on the buyer's personal property, except that, if, in the course of the visit, the seller sells the buyer the right to receive any additional consumer services or consumer goods, other than replacement parts necessarily used to perform the maintenance or to make the repairs, the sale of the additional consumer goods or consumer services is not within this exclusion; or

(vi) Which pertains to the sale or rental of real property, to the sale of insurance, or to the sale of securities or commodities by a broker-dealer registered with the Securities and Exchange Commission or with the Division of Securities of this State.

(e) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(f) Place of business. -- "Place of business" means the main or permanent branch office or local address of a seller.

(g) Purchase price. -- "Purchase price" means the total price paid or to be paid for the consumer goods or consumer services, including all interest and service charges.

(h) Sale. -- "Sale" means a door-to-door sale.

(i) Seller. -- "Seller" means a person engaged in the door-to-door sale of consumer goods or consumer services.




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Md. Com. L. Code Ann. §14-302. Unlawful practices.

It is an unfair or deceptive trade practice within the meaning of Title 13 of this article for a seller to:

(1) Fail to furnish the buyer with:

(i) A fully completed receipt or copy of any contract which pertains to a door-to-door sale at the time of its execution, which is in the same language as that principally used in the oral sales presentation, shows the
date of the transaction, and contains the name and address of the seller; and

(ii) A statement which is in immediate proximity to the space reserved in the contract for the signature of the buyer or, if a contract is not used, is on the front page of the receipt and which, in boldface type of a minimum size of 10 points, is in substantially the following form:
"You, the buyer, may cancel this transaction at any time prior to midnight
of the third business day after the date of this transaction. See the attached
notice of cancellation form for an explanation of this right.";

(2) Fail to furnish the buyer, at the time he signs the door-to-door sales contract or otherwise agrees to buy consumer goods or consumer services from the seller, a completed form in duplicate, captioned "Notice of
Cancellation", which:

(i) Is attached to the contract or receipt and is easily detachable;
and

(ii) Contains in 10 point boldface type the following information and statements, in the same language as that used in the contract:

"Notice of Cancellation


(Enter date of transaction)

......................................

(Date)
You may cancel this transaction, without any penalty or obligation, within
three business days from the above date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be
returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the
seller's expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail
to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to





(name of seller) (address of seller's place of business)

...................., at..................................................

not later than midnight of ........

(date)

I hereby cancel this transaction.

.................

(date)

..........................

(Buyer's signature)";


(3) Fail, before furnishing copies of the "Notice of Cancellation" to the buyer, to complete both copies by entering the name of the seller, the address of the seller's place of business, the date of the transaction, and the date, not earlier than the third business day following the date of the transaction, by which the buyer may give notice of cancellation;

(4) Include in any door-to-door sales contract or receipt any confession of judgment or waiver of any of the rights to which the buyer is entitled under this section, including specifically his right to cancel the sale in accordance with the provisions of this section;

(5) Fail to inform the buyer orally, at the time he signs the contract or purchases the consumer goods or consumer services, of his right to cancel;

(6) Misrepresent in any manner the buyer's right to cancel;

(7) Fail or refuse to honor any valid notice of cancellation by a buyer and, within 10 business days after the receipt of that notice, to:

(i) Refund all payments made under the contract or sale;

(ii) Return, in substantially as good condition as when received by the seller, any goods or property traded in;

(iii) Cancel and return any negotiable instrument executed by the buyer in connection with the contract or sale and take any action necessary or appropriate to terminate promptly any security interest created in the transaction;

(8) Negotiate, transfer, sell, or assign any note or other evidence of indebtedness to a finance company or other third party before midnight of the fifth business day following the day the contract was signed or the consumer goods or consumer services were purchased;

(9) Fail, within 10 business days of receiving a buyer's notice of cancellation, to notify him whether the seller intends to repossess or to abandon any shipped or delivered goods;

(10) Solicit a sale or order for sale of goods or services at the residence of a prospective buyer, without clearly, affirmatively and expressly revealing at the time the person initially contacts the prospective buyer, and before making any other statement, except a greeting, or asking the prospective buyer any other questions:

(i) The identity of the person making the solicitation.

(ii) The trade name of the person represented by the person making the solicitation.

(iii) The kind of goods or services being offered.

(iv) And, the person making the solicitation shall, in addition to meeting the requirements of paragraphs (i), (ii), and (iii), show and display identification which states the information required by paragraphs (i) and (ii) as well as the address of the place of business of one of the persons identified; or

(11) To use any plan, scheme, or ruse in soliciting a sale or order for the sale of goods or services at the residence of a prospective buyer, which misrepresents the solicitor's true status or mission for the purpose of making the sale or order for the sale of goods or services.

Md. Com. L. Code Ann. §14-302. Unlawful practices.

It is an unfair or deceptive trade practice within the meaning of Title 13 of this article for a seller to:

(1) Fail to furnish the buyer with:

(i) A fully completed receipt or copy of any contract which pertains to a door-to-door sale at the time of its execution, which is in the same language as that principally used in the oral sales presentation, shows the
date of the transaction, and contains the name and address of the seller; and

(ii) A statement which is in immediate proximity to the space reserved in the contract for the signature of the buyer or, if a contract is not used, is on the front page of the receipt and which, in boldface type of a minimum size of 10 points, is in substantially the following form:
"You, the buyer, may cancel this transaction at any time prior to midnight
of the third business day after the date of this transaction. See the attached
notice of cancellation form for an explanation of this right.";

(2) Fail to furnish the buyer, at the time he signs the door-to-door sales contract or otherwise agrees to buy consumer goods or consumer services from the seller, a completed form in duplicate, captioned "Notice of
Cancellation", which:

(i) Is attached to the contract or receipt and is easily detachable;
and

(ii) Contains in 10 point boldface type the following information and statements, in the same language as that used in the contract:

"Notice of Cancellation


(Enter date of transaction)

......................................

(Date)
You may cancel this transaction, without any penalty or obligation, within
three business days from the above date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be
returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the
seller's expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail
to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to





(name of seller) (address of seller's place of business)

...................., at..................................................

not later than midnight of ........

(date)

I hereby cancel this transaction.

.................

(date)

..........................

(Buyer's signature)";


(3) Fail, before furnishing copies of the "Notice of Cancellation" to the buyer, to complete both copies by entering the name of the seller, the address of the seller's place of business, the date of the transaction, and the date, not earlier than the third business day following the date of the transaction, by which the buyer may give notice of cancellation;

(4) Include in any door-to-door sales contract or receipt any confession of judgment or waiver of any of the rights to which the buyer is entitled under this section, including specifically his right to cancel the sale in accordance with the provisions of this section;

(5) Fail to inform the buyer orally, at the time he signs the contract or purchases the consumer goods or consumer services, of his right to cancel;

(6) Misrepresent in any manner the buyer's right to cancel;

(7) Fail or refuse to honor any valid notice of cancellation by a buyer and, within 10 business days after the receipt of that notice, to:

(i) Refund all payments made under the contract or sale;

(ii) Return, in substantially as good condition as when received by the seller, any goods or property traded in;

(iii) Cancel and return any negotiable instrument executed by the buyer in connection with the contract or sale and take any action necessary or appropriate to terminate promptly any security interest created in the transaction;

(8) Negotiate, transfer, sell, or assign any note or other evidence of indebtedness to a finance company or other third party before midnight of the fifth business day following the day the contract was signed or the consumer goods or consumer services were purchased;

(9) Fail, within 10 business days of receiving a buyer's notice of cancellation, to notify him whether the seller intends to repossess or to abandon any shipped or delivered goods;

(10) Solicit a sale or order for sale of goods or services at the residence of a prospective buyer, without clearly, affirmatively and expressly revealing at the time the person initially contacts the prospective buyer, and before making any other statement, except a greeting, or asking the prospective buyer any other questions:

(i) The identity of the person making the solicitation.

(ii) The trade name of the person represented by the person making the solicitation.

(iii) The kind of goods or services being offered.

(iv) And, the person making the solicitation shall, in addition to meeting the requirements of paragraphs (i), (ii), and (iii), show and display identification which states the information required by paragraphs (i) and (ii) as well as the address of the place of business of one of the persons identified; or

(11) To use any plan, scheme, or ruse in soliciting a sale or order for the sale of goods or services at the residence of a prospective buyer, which misrepresents the solicitor's true status or mission for the purpose of making the sale or order for the sale of goods or services.

.

Md. Com. L. Code Ann. §14-303. Cancellation of sale.

If the seller violates any provision of § 14-302 of this subtitle, the buyer may cancel the door-to-door sale by notifying the seller in any manner and by any means of his intention to cancel.



Md. Com. L. Code Ann. §14-303. Cancellation of sale.

If the seller violates any provision of § 14-302 of this subtitle, the buyer may cancel the door-to-door sale by notifying the seller in any manner and by any means of his intention to cancel.



.

Md. Com. L. Code Ann. § 14-304. Civil liability.
Any person who violates any provision of this subtitle is liable to the person affected by the violation for all damages proximately caused by the violation and for reasonable attorney fees incurred by the person damaged.

Md. Com. L. Code Ann. § 14-304. Civil liability.
Any person who violates any provision of this subtitle is liable to the person affected by the violation for all damages proximately caused by the violation and for reasonable attorney fees incurred by the person damaged.

.

Md. Com. L. Code Ann. §14-305. Penalty.

Any person who willfully violates any provision of this subtitle is guilty of a misdemeanor and, in addition to the injunctive relief provided for in Title 13, Subtitle 4 of this article, on conviction is subject to a fine of not more than $ 1,000 or imprisonment of not more than one year or both.


.
Md. Com. L. Code Ann. §14-305. Penalty.

Any person who willfully violates any provision of this subtitle is guilty of a misdemeanor and, in addition to the injunctive relief provided for in Title 13, Subtitle 4 of this article, on conviction is subject to a fine of not more than $ 1,000 or imprisonment of not more than one year or both.


.

.

Md. Com. L. Code Ann. §14-306. Short title.
This subtitle may be cited as the Maryland Door-to-Door Sales Act.


Md. Com. L. Code Ann. §14-306. Short title.
This subtitle may be cited as the Maryland Door-to-Door Sales Act.


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Md. Com. L. Code Ann. §14-401. Definitions.
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Consumer product. -- "Consumer product" means goods or services used for personal, family, or household purposes, the actual cash sales price of which to the person guaranteed was in excess of $ 10.

(c) Guarantor. -- "Guarantor" means a person who is engaged in the business of making consumer products available to consumers and who makes a guaranty.

(d) Guaranty. --

(1) "Guaranty" means any of the following which is made at the time of the sale of a consumer product by a guarantor to a person guaranteed and which is part of the basis of the bargain between them:

(i) A written affirmation of fact or written promise which relates to the nature of the material or workmanship and affirms or promises that the material or workmanship is defect-free or meets a specified level of performance; or

(ii) A written undertaking to refund, repair, replace, or take other remedial action with respect to the consumer product if it proves defective in material or workmanship or fails to meet a specified level of performance.

(2) "Guaranty" includes warranty.

(3) "Guaranty" does not include:

(i) A written statement or expression of general policy concerning customer satisfaction which is not subject to specified limitations; or

(ii) A service contract.

(e) Mechanical breakdown insurance. -- "Mechanical breakdown insurance" means a policy, contract, or agreement issued by an authorized insurer that provides for the repair, replacement, or maintenance of property or indemnification for repair, replacement, or services, for the operational or structural failure of a product due to a defect in the materials or workmanship or due to normal wear and tear.

(f) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(g) Person guaranteed. -- "Person guaranteed" means:

(1) The person who is the first buyer at retail of a consumer product which is the subject of a guaranty;

(2) A person who is entitled to enforce the obligations of a guaranty against the guarantor; or

(3) The person who is entitled to enforce the obligations of the provider under a service contract.

(h) Provider. -- "Provider" means a person or persons acting in concert who are contractually obligated under the terms of a service contract to provide services to the owner of a product covered by the service contract.

(i) Reasonable and necessary maintenance. -- "Reasonable and necessary maintenance" means those operations which the person guaranteed reasonably can be expected to perform or have performed and which are necessary to keep the product performing its intended function.

(j) Replace. -- "Replace" means:

(1) To replace a product or its component with a new and identical or equivalent product or component; or

(2) To refund the price of the product or its component less reasonable depreciation if:

(i) Neither replacement nor repair is commercially practicable; or

(ii) The person guaranteed is willing to accept the refund in place of the replacement or repair.

(k) Service contract. --

(1) "Service contract" means a contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement, or maintenance of a product, or to indemnify for the repair, replacement, or maintenance, because of an operational or structural failure due to a defect in materials, workmanship, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances.

(2) "Service contract" includes a contract or agreement for repair, replacement, or maintenance of a product for damage resulting from power surges and accidental damage from handling.

(3) "Service contract" does not include:

(i) A guaranty;

(ii) A maintenance agreement that does not include a provision for the repair, replacement, or maintenance of a product because of an operational or structural failure due to a defect in materials, workmanship, or normal wear and tear;

(iii) A warranty, service contract, or maintenance agreement offered by a public utility on its transmission devices to the extent it is regulated by the Public Service Commission;

(iv) A mechanical repair contract under § 15-311.2 of the Transportation Article; or

(v) Mechanical breakdown insurance.

(l) Services. --

(1) "Services" means work, labor, or any other kind of activity furnished or agreed to be furnished to a person guaranteed.

(2) "Services" includes services for home improvement, repair of a motor vehicle and other products, and the repair or installation of plumbing, heating, electrical, or mechanical devices.

(3) "Services" does not include the professional services of an accountant, architect, clergyman, engineer, lawyer, or medical or dental practitioner.

(m) Without charge. --

(1) "Without charge" means that the guarantor cannot charge the person guaranteed for any costs which the guarantor or the guarantor's representative incurs in connection with the required repair or replacement of a consumer product.

(2) "Without charge" does not mean that the guarantor must compensate the person guaranteed for incidental expenses unless the expenses were incurred because the repair or replacement was not made within a reasonable time.

(n) Wrongful breach of a guaranty. -- "Wrongful breach of a guaranty" means the failure of a guarantor to perform the duties imposed by § 14-404(a), (b), and (c) of this subtitle.

(o) Wrongful breach of a service contract. -- "Wrongful breach of a service contract" means the failure of a provider to perform the duties imposed by § 14-404(a), (b), and (c) of this subtitle.


Md. Com. L. Code Ann. §14-401. Definitions.
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Consumer product. -- "Consumer product" means goods or services used for personal, family, or household purposes, the actual cash sales price of which to the person guaranteed was in excess of $ 10.

(c) Guarantor. -- "Guarantor" means a person who is engaged in the business of making consumer products available to consumers and who makes a guaranty.

(d) Guaranty. --

(1) "Guaranty" means any of the following which is made at the time of the sale of a consumer product by a guarantor to a person guaranteed and which is part of the basis of the bargain between them:

(i) A written affirmation of fact or written promise which relates to the nature of the material or workmanship and affirms or promises that the material or workmanship is defect-free or meets a specified level of performance; or

(ii) A written undertaking to refund, repair, replace, or take other remedial action with respect to the consumer product if it proves defective in material or workmanship or fails to meet a specified level of performance.

(2) "Guaranty" includes warranty.

(3) "Guaranty" does not include:

(i) A written statement or expression of general policy concerning customer satisfaction which is not subject to specified limitations; or

(ii) A service contract.

(e) Mechanical breakdown insurance. -- "Mechanical breakdown insurance" means a policy, contract, or agreement issued by an authorized insurer that provides for the repair, replacement, or maintenance of property or indemnification for repair, replacement, or services, for the operational or structural failure of a product due to a defect in the materials or workmanship or due to normal wear and tear.

(f) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(g) Person guaranteed. -- "Person guaranteed" means:

(1) The person who is the first buyer at retail of a consumer product which is the subject of a guaranty;

(2) A person who is entitled to enforce the obligations of a guaranty against the guarantor; or

(3) The person who is entitled to enforce the obligations of the provider under a service contract.

(h) Provider. -- "Provider" means a person or persons acting in concert who are contractually obligated under the terms of a service contract to provide services to the owner of a product covered by the service contract.

(i) Reasonable and necessary maintenance. -- "Reasonable and necessary maintenance" means those operations which the person guaranteed reasonably can be expected to perform or have performed and which are necessary to keep the product performing its intended function.

(j) Replace. -- "Replace" means:

(1) To replace a product or its component with a new and identical or equivalent product or component; or

(2) To refund the price of the product or its component less reasonable depreciation if:

(i) Neither replacement nor repair is commercially practicable; or

(ii) The person guaranteed is willing to accept the refund in place of the replacement or repair.

(k) Service contract. --

(1) "Service contract" means a contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement, or maintenance of a product, or to indemnify for the repair, replacement, or maintenance, because of an operational or structural failure due to a defect in materials, workmanship, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances.

(2) "Service contract" includes a contract or agreement for repair, replacement, or maintenance of a product for damage resulting from power surges and accidental damage from handling.

(3) "Service contract" does not include:

(i) A guaranty;

(ii) A maintenance agreement that does not include a provision for the repair, replacement, or maintenance of a product because of an operational or structural failure due to a defect in materials, workmanship, or normal wear and tear;

(iii) A warranty, service contract, or maintenance agreement offered by a public utility on its transmission devices to the extent it is regulated by the Public Service Commission;

(iv) A mechanical repair contract under § 15-311.2 of the Transportation Article; or

(v) Mechanical breakdown insurance.

(l) Services. --

(1) "Services" means work, labor, or any other kind of activity furnished or agreed to be furnished to a person guaranteed.

(2) "Services" includes services for home improvement, repair of a motor vehicle and other products, and the repair or installation of plumbing, heating, electrical, or mechanical devices.

(3) "Services" does not include the professional services of an accountant, architect, clergyman, engineer, lawyer, or medical or dental practitioner.

(m) Without charge. --

(1) "Without charge" means that the guarantor cannot charge the person guaranteed for any costs which the guarantor or the guarantor's representative incurs in connection with the required repair or replacement of a consumer product.

(2) "Without charge" does not mean that the guarantor must compensate the person guaranteed for incidental expenses unless the expenses were incurred because the repair or replacement was not made within a reasonable time.

(n) Wrongful breach of a guaranty. -- "Wrongful breach of a guaranty" means the failure of a guarantor to perform the duties imposed by § 14-404(a), (b), and (c) of this subtitle.

(o) Wrongful breach of a service contract. -- "Wrongful breach of a service contract" means the failure of a provider to perform the duties imposed by § 14-404(a), (b), and (c) of this subtitle.


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Md. Com. L. Code Ann. §14-402. Construction of subtitle.

This subtitle shall be liberally construed and applied to promote its purposes and policies.

.
Md. Com. L. Code Ann. §14-402. Construction of subtitle.

This subtitle shall be liberally construed and applied to promote its purposes and policies.

.

.

Md. Com. L. Code Ann. §14-403. Disclosure requirements.

(a) In general. -- A guarantor shall deliver to the first person guaranteed the following written information:

(1) The duration of the guaranty period measured by time or, if practical, by some measure of usage such as mileage;

(2) Any reasonable and necessary maintenance required as a condition for the performance of the guaranty;

(3) A recital of the guarantor's obligations to the person guaranteed during the guaranty period;

(4) The procedure which the person guaranteed should follow to obtain the repair or replacement of the malfunctioning or defective consumer product; and

(5) Any means established by the guarantor for quick informal settlement of any guaranty dispute.

(b) Service contract. -- Each service contract shall be in writing and shall specify:

(1) The duration of the service contract measured by time or, if practical, by some measure of usage;

(2) Any reasonable and necessary maintenance required to be performed by the person guaranteed as a condition for the performance of the service contract;

(3) The purchase price and terms of the service contract, including a recital of the provider's obligations under the service contract;

(4) The merchandise and services to be provided;

(5) The procedures which the person guaranteed should follow to obtain the services under the service contract or to file a claim under the service contract;

(6) Limitations, exceptions, or exclusions, if any, under the service contract;

(7) The terms, restrictions, or conditions governing the cancellation of the service contract before the termination or expiration date of the service contract either by the provider or person guaranteed; and

(8) Any means established by the provider for quick informal settlement of a service contract dispute.

(c) Same--Delivery of copy to person guaranteed. -- Within a reasonable time after the person guaranteed and the provider enter into a service contract, the provider shall deliver a copy of the service contract to the person guaranteed.

(d) Cancellation of service contract. -- A service contract may be canceled by the person guaranteed:

(1) Within 20 days after receipt of the service contract if mailed to the person guaranteed;

(2) Within 20 days after the date of delivery of the service contract if delivered to the person guaranteed at the time of sale; or

(3) For a period of time not less than 20 days as specified in the service contract.

(e) Same--Refund of full consideration paid. -- If a service contract is canceled under subsection (d) of this section and a claim has not been made under the service contract prior to its cancellation, the service contract is void and the provider shall refund to the person guaranteed the full consideration paid for the service contract.

(f) Right to void service contract. -- The right to void a service contract under subsection (e) of this section:

(1) Is not transferable;

(2) Applies only to the original person guaranteed under the service contract; and

(3) Applies only if a claim has not been made under the service contract prior to cancellation of the service contract.

(g) Pay or credit of account after cancellation. --

(1) A provider shall pay or credit the account of a person guaranteed who has canceled a service contract under subsection (d) of this section the full consideration paid for the service contract within 45 days after the cancellation.

(2) A provider that does not pay or credit the account of the person guaranteed in accordance with paragraph (1) of this subsection shall pay to the person guaranteed an amount equal to 10% of the value of the consideration paid for the service contract for each month that the refund is not paid or credited.


Md. Com. L. Code Ann. §14-403. Disclosure requirements.

(a) In general. -- A guarantor shall deliver to the first person guaranteed the following written information:

(1) The duration of the guaranty period measured by time or, if practical, by some measure of usage such as mileage;

(2) Any reasonable and necessary maintenance required as a condition for the performance of the guaranty;

(3) A recital of the guarantor's obligations to the person guaranteed during the guaranty period;

(4) The procedure which the person guaranteed should follow to obtain the repair or replacement of the malfunctioning or defective consumer product; and

(5) Any means established by the guarantor for quick informal settlement of any guaranty dispute.

(b) Service contract. -- Each service contract shall be in writing and shall specify:

(1) The duration of the service contract measured by time or, if practical, by some measure of usage;

(2) Any reasonable and necessary maintenance required to be performed by the person guaranteed as a condition for the performance of the service contract;

(3) The purchase price and terms of the service contract, including a recital of the provider's obligations under the service contract;

(4) The merchandise and services to be provided;

(5) The procedures which the person guaranteed should follow to obtain the services under the service contract or to file a claim under the service contract;

(6) Limitations, exceptions, or exclusions, if any, under the service contract;

(7) The terms, restrictions, or conditions governing the cancellation of the service contract before the termination or expiration date of the service contract either by the provider or person guaranteed; and

(8) Any means established by the provider for quick informal settlement of a service contract dispute.

(c) Same--Delivery of copy to person guaranteed. -- Within a reasonable time after the person guaranteed and the provider enter into a service contract, the provider shall deliver a copy of the service contract to the person guaranteed.

(d) Cancellation of service contract. -- A service contract may be canceled by the person guaranteed:

(1) Within 20 days after receipt of the service contract if mailed to the person guaranteed;

(2) Within 20 days after the date of delivery of the service contract if delivered to the person guaranteed at the time of sale; or

(3) For a period of time not less than 20 days as specified in the service contract.

(e) Same--Refund of full consideration paid. -- If a service contract is canceled under subsection (d) of this section and a claim has not been made under the service contract prior to its cancellation, the service contract is void and the provider shall refund to the person guaranteed the full consideration paid for the service contract.

(f) Right to void service contract. -- The right to void a service contract under subsection (e) of this section:

(1) Is not transferable;

(2) Applies only to the original person guaranteed under the service contract; and

(3) Applies only if a claim has not been made under the service contract prior to cancellation of the service contract.

(g) Pay or credit of account after cancellation. --

(1) A provider shall pay or credit the account of a person guaranteed who has canceled a service contract under subsection (d) of this section the full consideration paid for the service contract within 45 days after the cancellation.

(2) A provider that does not pay or credit the account of the person guaranteed in accordance with paragraph (1) of this subsection shall pay to the person guaranteed an amount equal to 10% of the value of the consideration paid for the service contract for each month that the refund is not paid or credited.


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Md. Com. L. Code Ann. §14-404. Duties of guarantor.
(a) General duty to fulfill guaranty. --

(1) A guarantor shall fulfill the guarantor's guaranty according to its terms:

(i) Within a reasonable time; and

(ii) For the stated period of the guaranty or, if no period is stated, for a reasonable period of time.

(2) A provider shall fulfill the obligations under the service contract according to its terms:

(i) At or within the period stated in the service contract, or if no period is stated, within a reasonable time; and

(ii) For the stated duration of the service contract.

(b) Automatic extension of guaranty or service contract; termination. --

(1) (i) A guaranty is extended automatically when a guarantor fails to repair successfully a malfunctioning or defective product within the guaranty period.

(ii) The guaranty does not terminate until the consumer product successfully performs its intended function for the remaining period of the guaranty plus a period equal to the time of repair.

(2) (i) A service contract is extended automatically when the provider fails to perform the services under the service contract.

(ii) The service contract does not terminate until the services are provided in accordance with the terms of the service contract.

(c) Duty on failure of guaranty to disclose required information. -- If a guaranty fails to disclose the information required by § 14-403 of this subtitle, the guarantor shall, without charge and within a reasonable period of time:

(1) Repair a malfunctioning or defective consumer product; or

(2) If repair is not commercially practicable or cannot be timely made, replace the malfunctioning or defective consumer product.

(d) Duty to explain reasons for delay in fulfilling guaranty. --

(1) If a guarantor is unable to fulfill the terms of the guaranty within 10 days of the tender or delivery of a consumer product to the guarantor, the guarantor shall provide on request of the person guaranteed a brief written explanation of the reasons for the delay.

(2) If a provider is unable to fulfill the terms of the service contract within 10 days after the date on which the provider is required to perform obligations under the service contract, the provider shall provide on request of the person guaranteed a brief written explanation of the reasons for the delay.

Md. Com. L. Code Ann. §14-404. Duties of guarantor.
(a) General duty to fulfill guaranty. --

(1) A guarantor shall fulfill the guarantor's guaranty according to its terms:

(i) Within a reasonable time; and

(ii) For the stated period of the guaranty or, if no period is stated, for a reasonable period of time.

(2) A provider shall fulfill the obligations under the service contract according to its terms:

(i) At or within the period stated in the service contract, or if no period is stated, within a reasonable time; and

(ii) For the stated duration of the service contract.

(b) Automatic extension of guaranty or service contract; termination. --

(1) (i) A guaranty is extended automatically when a guarantor fails to repair successfully a malfunctioning or defective product within the guaranty period.

(ii) The guaranty does not terminate until the consumer product successfully performs its intended function for the remaining period of the guaranty plus a period equal to the time of repair.

(2) (i) A service contract is extended automatically when the provider fails to perform the services under the service contract.

(ii) The service contract does not terminate until the services are provided in accordance with the terms of the service contract.

(c) Duty on failure of guaranty to disclose required information. -- If a guaranty fails to disclose the information required by § 14-403 of this subtitle, the guarantor shall, without charge and within a reasonable period of time:

(1) Repair a malfunctioning or defective consumer product; or

(2) If repair is not commercially practicable or cannot be timely made, replace the malfunctioning or defective consumer product.

(d) Duty to explain reasons for delay in fulfilling guaranty. --

(1) If a guarantor is unable to fulfill the terms of the guaranty within 10 days of the tender or delivery of a consumer product to the guarantor, the guarantor shall provide on request of the person guaranteed a brief written explanation of the reasons for the delay.

(2) If a provider is unable to fulfill the terms of the service contract within 10 days after the date on which the provider is required to perform obligations under the service contract, the provider shall provide on request of the person guaranteed a brief written explanation of the reasons for the delay.

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Md. Com. L. Code Ann. §14-405. Defenses available to guarantor.

(a) Guarantor. -- The duties prescribed in § 14-404 of this subtitle may not be imposed on a guarantor if the guarantor shows that while the consumer product was in the possession of any person other than the guarantor, damage or unreasonable use, including failure to provide any reasonable and necessary maintenance disclosed under § 14-403 of this subtitle, caused the product to malfunction.

(b) Provider. -- The duties prescribed in § 14-404 of this subtitle may not be imposed on a provider if the provider shows that while the product was in the possession of any person other than the provider, damage or unreasonable use, including failure to provide any reasonable and necessary maintenance disclosed under § 14-403 of this subtitle, caused the product to malfunction or caused the inability of the provider to provide any service under the service contract.


Md. Com. L. Code Ann. §14-405. Defenses available to guarantor.

(a) Guarantor. -- The duties prescribed in § 14-404 of this subtitle may not be imposed on a guarantor if the guarantor shows that while the consumer product was in the possession of any person other than the guarantor, damage or unreasonable use, including failure to provide any reasonable and necessary maintenance disclosed under § 14-403 of this subtitle, caused the product to malfunction.

(b) Provider. -- The duties prescribed in § 14-404 of this subtitle may not be imposed on a provider if the provider shows that while the product was in the possession of any person other than the provider, damage or unreasonable use, including failure to provide any reasonable and necessary maintenance disclosed under § 14-403 of this subtitle, caused the product to malfunction or caused the inability of the provider to provide any service under the service contract.


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Md. Com. L. Code Ann. §14-406. Action by Attorney General.
(a) Attorney General may seek injunction. -- If a guarantor or provider violates any provision of this subtitle, the Attorney General may obtain a court order prohibiting the guarantor or provider from further violations.

(b) Notice. -- At least 7 days before the filing of an action for the order, the Attorney General shall give appropriate notice to the guarantor or provider stating generally the relief sought.

(c) Court order. -- The court may issue an order or render a judgment necessary to:

(1) Prevent violations of this subtitle; and

(2) Restore to the person damaged any money or property acquired by means of any practice in violation of any provision of this subtitle.



Md. Com. L. Code Ann. §14-406. Action by Attorney General.
(a) Attorney General may seek injunction. -- If a guarantor or provider violates any provision of this subtitle, the Attorney General may obtain a court order prohibiting the guarantor or provider from further violations.

(b) Notice. -- At least 7 days before the filing of an action for the order, the Attorney General shall give appropriate notice to the guarantor or provider stating generally the relief sought.

(c) Court order. -- The court may issue an order or render a judgment necessary to:

(1) Prevent violations of this subtitle; and

(2) Restore to the person damaged any money or property acquired by means of any practice in violation of any provision of this subtitle.



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Md. Com. L. Code Ann. §14-407. Private remedies.

(a) Informal dispute settlement procedures. -- It is the policy of the State to encourage:

(1) A guarantor voluntarily to establish procedures whereby a guaranty dispute is fairly and expeditiously settled through informal dispute settlement procedures; and

(2) A provider voluntarily to establish procedures whereby a service contract dispute is fairly and expeditiously settled through informal dispute settlement procedures.

(b) Election to settle disputes in cooperation with private or State agency. -- A guarantor or provider who establishes informal dispute settlement procedures may elect to settle guaranty disputes or service contract disputes, as the case may be, in cooperation with any private agency or the Consumer Protection Division of the Attorney General's office.

(c) Liability of guarantor. -- The guarantor or provider is liable to the person guaranteed for any wrongful breach of a guaranty or wrongful breach of a service contract, as the case may be, and is under a duty to:

(1) Perform as required under this subtitle; and

(2) Compensate the person guaranteed for all reasonable incidental expenses incurred as a result of the breach.

(d) Action by person guaranteed; costs and expenses. --

(1) If the guarantor or provider breaches any duties under this subtitle, the person guaranteed may file an action in any court of competent jurisdiction.

(2) (i) Except as provided in paragraph (3) of this subsection, if the person guaranteed prevails in an action filed under this subsection, the court shall include in the amount of the judgment a sum equal to the aggregate amount of costs and expenses which have been reasonably incurred by the person guaranteed for or in connection with the action filed.

(ii) These costs and expenses shall include attorney's fees based on actual time expended, unless the court finds that an award of attorney's fees would be inappropriate.

(3) The person guaranteed is not entitled to costs and expenses, if:

(i) The guarantor or provider affords the person guaranteed a reasonable opportunity to settle informally in accordance with subsection (a) of this section; and

(ii) The person guaranteed fails to so settle.


Md. Com. L. Code Ann. §14-407. Private remedies.

(a) Informal dispute settlement procedures. -- It is the policy of the State to encourage:

(1) A guarantor voluntarily to establish procedures whereby a guaranty dispute is fairly and expeditiously settled through informal dispute settlement procedures; and

(2) A provider voluntarily to establish procedures whereby a service contract dispute is fairly and expeditiously settled through informal dispute settlement procedures.

(b) Election to settle disputes in cooperation with private or State agency. -- A guarantor or provider who establishes informal dispute settlement procedures may elect to settle guaranty disputes or service contract disputes, as the case may be, in cooperation with any private agency or the Consumer Protection Division of the Attorney General's office.

(c) Liability of guarantor. -- The guarantor or provider is liable to the person guaranteed for any wrongful breach of a guaranty or wrongful breach of a service contract, as the case may be, and is under a duty to:

(1) Perform as required under this subtitle; and

(2) Compensate the person guaranteed for all reasonable incidental expenses incurred as a result of the breach.

(d) Action by person guaranteed; costs and expenses. --

(1) If the guarantor or provider breaches any duties under this subtitle, the person guaranteed may file an action in any court of competent jurisdiction.

(2) (i) Except as provided in paragraph (3) of this subsection, if the person guaranteed prevails in an action filed under this subsection, the court shall include in the amount of the judgment a sum equal to the aggregate amount of costs and expenses which have been reasonably incurred by the person guaranteed for or in connection with the action filed.

(ii) These costs and expenses shall include attorney's fees based on actual time expended, unless the court finds that an award of attorney's fees would be inappropriate.

(3) The person guaranteed is not entitled to costs and expenses, if:

(i) The guarantor or provider affords the person guaranteed a reasonable opportunity to settle informally in accordance with subsection (a) of this section; and

(ii) The person guaranteed fails to so settle.


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Md. Com. L. Code Ann. § 14-408. Service contracts and designation of representatives permitted.
(a) Service contract. --

(1) In addition to making a guaranty, the guarantor may enter into a service contract at the time of the sale or at any other time with the person guaranteed.

(2) In addition to entering into a service contract, the provider may make a guaranty at the time of the sale or at any other time to the person guaranteed.

(b) Designation of representative. --

(1) The guarantor or provider may designate a representative to perform the duties under this subtitle.

(2) However, this designation does not relieve the guarantor or provider of the duties to the person guaranteed.


Md. Com. L. Code Ann. § 14-408. Service contracts and designation of representatives permitted.
(a) Service contract. --

(1) In addition to making a guaranty, the guarantor may enter into a service contract at the time of the sale or at any other time with the person guaranteed.

(2) In addition to entering into a service contract, the provider may make a guaranty at the time of the sale or at any other time to the person guaranteed.

(b) Designation of representative. --

(1) The guarantor or provider may designate a representative to perform the duties under this subtitle.

(2) However, this designation does not relieve the guarantor or provider of the duties to the person guaranteed.


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Md. Com. L. Code Ann. §14-409. Exclusive remedy; inapplicability of Insurance Article; licensee defined.

(a) Exclusive remedy. -- Except for Title 13 of this article, this subtitle provides the exclusive remedy by which a person guaranteed may recover damages for a breach of a service contract or may enforce a service contract.

(b) Inapplicability of Insurance Article. --

(1) Providers, administrators, and other persons marketing, selling, or offering to enter into service contracts that comply with the terms of this subtitle need not comply with any provision of the Insurance Article.

(2) Guarantors, administrators, and other persons marketing, selling, or offering to issue guarantees that comply with the terms of this subtitle need not comply with any provision of the Insurance Article.

(c) Licensee defined. --

(1) In this subsection, "licensee" means a person who:

(i) Is licensed as a master plumber and meets the qualifications to engage in the business of providing plumbing services under Title 12 of the Business Occupations and Professions Article;

(ii) Provides heating, ventilation, air-conditioning, or refrigeration services in accordance with a master license or a master restricted license issued under Title 9A of the Business Regulation Article; or

(iii) Is a licensed contractor under Title 8 of the Business Regulation Article.

(2) A licensee is not subject to:

(i) This subtitle if the services provided or to be provided under the service contract are within the scope of the licensee's license; or

(ii) Any provision of the Insurance Article applicable to service contracts.

Md. Com. L. Code Ann. §14-409. Exclusive remedy; inapplicability of Insurance Article; licensee defined.

(a) Exclusive remedy. -- Except for Title 13 of this article, this subtitle provides the exclusive remedy by which a person guaranteed may recover damages for a breach of a service contract or may enforce a service contract.

(b) Inapplicability of Insurance Article. --

(1) Providers, administrators, and other persons marketing, selling, or offering to enter into service contracts that comply with the terms of this subtitle need not comply with any provision of the Insurance Article.

(2) Guarantors, administrators, and other persons marketing, selling, or offering to issue guarantees that comply with the terms of this subtitle need not comply with any provision of the Insurance Article.

(c) Licensee defined. --

(1) In this subsection, "licensee" means a person who:

(i) Is licensed as a master plumber and meets the qualifications to engage in the business of providing plumbing services under Title 12 of the Business Occupations and Professions Article;

(ii) Provides heating, ventilation, air-conditioning, or refrigeration services in accordance with a master license or a master restricted license issued under Title 9A of the Business Regulation Article; or

(iii) Is a licensed contractor under Title 8 of the Business Regulation Article.

(2) A licensee is not subject to:

(i) This subtitle if the services provided or to be provided under the service contract are within the scope of the licensee's license; or

(ii) Any provision of the Insurance Article applicable to service contracts.

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Md. Com. L. Code Ann. §14-410. Short title.
This subtitle may be cited as the Maryland Service Contracts and Consumer Products Guaranty Act.


Md. Com. L. Code Ann. §14-410. Short title.
This subtitle may be cited as the Maryland Service Contracts and Consumer Products Guaranty Act.


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Md. Com. L. Code Ann. § 14-4A-01. Definitions.
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Administrator. -- "Administrator" means a person that is designated by a warrantor to be responsible for the administration of a vehicle protection product warranty.

(c) Division. -- "Division" means the Division of Consumer Protection of the Office of the Attorney General.

(d) Incidental costs. --

(1) "Incidental costs" means an expense that:

(i) Is specified in a vehicle protection product warranty;

(ii) Is incurred by the warranty holder; and

(iii) Relates to the failure of a vehicle protection product to perform as provided in the vehicle protection product warranty.

(2) "Incidental costs" include:

(i) Insurance policy deductibles;

(ii) Charges for rental vehicles;

(iii) The difference between the value of a stolen vehicle at the time of theft and the cost of a replacement vehicle;

(iv) Sales taxes;

(v) Registration fees;

(vi) Transaction fees; and

(vii) Mechanical inspection fees.

(e) Vehicle protection product. --

(1) "Vehicle protection product" means a vehicle protection device, system, or service that:

(i) Is sold with a written warranty;

(ii) Is installed on or applied to a vehicle; and

(iii) Is designed to prevent loss or damage to a vehicle from a specific cause.

(2) "Vehicle protection product" includes:

(i) An alarm system;

(ii) A body part marking product;

(iii) A steering lock;

(iv) A window etch product;

(v) A pedal or ignition lock;

(vi) A fuel or ignition kill switch; and

(vii) An electronic, radio, or satellite tracking device.

(f) Vehicle protection product warranty. -- "Vehicle protection product warranty" means a written agreement by a warrantor that provides that if a vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, the warrantor shall pay to, or on behalf of, the warranty holder specified incidental costs incurred as a result of the failure of the vehicle protection product to perform in accordance with the terms of the vehicle protection product warranty.

(g) Warrantor. --

(1) "Warrantor" means a person that is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty.

(2) "Warrantor" does not include an authorized insurer that issues a warranty reimbursement insurance policy.

(h) Warranty holder. -- "Warranty holder" means a person that purchases a vehicle protection product warranty or a permitted transferee.

(i) Warranty reimbursement insurance policy. -- "Warranty reimbursement insurance policy" means a policy of insurance that is issued to a warrantor to:

(1) Provide reimbursement to the warrantor; or

(2) Pay on behalf of the warrantor all covered contractual obligations incurred by the warrantor under the terms and conditions of the insured vehicle protection product warranties sold by the warrantor

Md. Com. L. Code Ann. § 14-4A-01. Definitions.
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Administrator. -- "Administrator" means a person that is designated by a warrantor to be responsible for the administration of a vehicle protection product warranty.

(c) Division. -- "Division" means the Division of Consumer Protection of the Office of the Attorney General.

(d) Incidental costs. --

(1) "Incidental costs" means an expense that:

(i) Is specified in a vehicle protection product warranty;

(ii) Is incurred by the warranty holder; and

(iii) Relates to the failure of a vehicle protection product to perform as provided in the vehicle protection product warranty.

(2) "Incidental costs" include:

(i) Insurance policy deductibles;

(ii) Charges for rental vehicles;

(iii) The difference between the value of a stolen vehicle at the time of theft and the cost of a replacement vehicle;

(iv) Sales taxes;

(v) Registration fees;

(vi) Transaction fees; and

(vii) Mechanical inspection fees.

(e) Vehicle protection product. --

(1) "Vehicle protection product" means a vehicle protection device, system, or service that:

(i) Is sold with a written warranty;

(ii) Is installed on or applied to a vehicle; and

(iii) Is designed to prevent loss or damage to a vehicle from a specific cause.

(2) "Vehicle protection product" includes:

(i) An alarm system;

(ii) A body part marking product;

(iii) A steering lock;

(iv) A window etch product;

(v) A pedal or ignition lock;

(vi) A fuel or ignition kill switch; and

(vii) An electronic, radio, or satellite tracking device.

(f) Vehicle protection product warranty. -- "Vehicle protection product warranty" means a written agreement by a warrantor that provides that if a vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, the warrantor shall pay to, or on behalf of, the warranty holder specified incidental costs incurred as a result of the failure of the vehicle protection product to perform in accordance with the terms of the vehicle protection product warranty.

(g) Warrantor. --

(1) "Warrantor" means a person that is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty.

(2) "Warrantor" does not include an authorized insurer that issues a warranty reimbursement insurance policy.

(h) Warranty holder. -- "Warranty holder" means a person that purchases a vehicle protection product warranty or a permitted transferee.

(i) Warranty reimbursement insurance policy. -- "Warranty reimbursement insurance policy" means a policy of insurance that is issued to a warrantor to:

(1) Provide reimbursement to the warrantor; or

(2) Pay on behalf of the warrantor all covered contractual obligations incurred by the warrantor under the terms and conditions of the insured vehicle protection product warranties sold by the warrantor

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Md. Com. L. Code Ann. §14-4A-02. Applicability of subtitle and other provisions.
(a) In general. -- This subtitle does not apply to:

(1) A service contract provider that does not sell vehicle protection products; or

(2) A warranty, indemnity agreement, or guarantee that is not provided in connection with the sale of a vehicle protection product.

(b) Applicability of Subtitle 4 of this title. -- A vehicle protection product warranty is not subject to the provisions of Subtitle 4 of this title.

(c) Applicability of the Insurance Article. -- A seller or warrantor of a vehicle protection product, or a warrantor's administrator, that complies with this subtitle is not subject to any provisions of the Insurance Article.


Md. Com. L. Code Ann. §14-4A-02. Applicability of subtitle and other provisions.
(a) In general. -- This subtitle does not apply to:

(1) A service contract provider that does not sell vehicle protection products; or

(2) A warranty, indemnity agreement, or guarantee that is not provided in connection with the sale of a vehicle protection product.

(b) Applicability of Subtitle 4 of this title. -- A vehicle protection product warranty is not subject to the provisions of Subtitle 4 of this title.

(c) Applicability of the Insurance Article. -- A seller or warrantor of a vehicle protection product, or a warrantor's administrator, that complies with this subtitle is not subject to any provisions of the Insurance Article.


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Md. Com. L. Code Ann. §14-4A-03. Sale of a vehicle protection product.
A vehicle protection product may not be sold or offered for sale in the State unless the seller and warrantor of the vehicle protection product, and the warrantor's administrator, comply with the provisions of this subtitle.

Md. Com. L. Code Ann. §14-4A-03. Sale of a vehicle protection product.
A vehicle protection product may not be sold or offered for sale in the State unless the seller and warrantor of the vehicle protection product, and the warrantor's administrator, comply with the provisions of this subtitle.

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Md. Com. L. Code Ann. § 14-4A-04. Registration.

(a) In general. -- A warrantor of a vehicle protection product that is sold or offered for sale in the State shall register with the Division on the form that the Division provides.

(b) Contents of form. -- The registration form shall include:

(1) The name, address, and telephone number of the warrantor, including any name under which the warrantor does business;

(2) The name, address, and telephone number of the warrantor's administrator, if any;

(3) The name and address of the warrantor's registered agent, if any;

(4) The name of at least one officer of the warrantor who is directly responsible for the warrantor's vehicle protection product business;

(5) (i) If the warrantor elects to carry warranty reimbursement insurance in accordance with § 14-4A-07(a)(1) of this subtitle, a copy of the warrantor's warranty reimbursement insurance policy; or

(ii) If the warrantor elects to meet its financial obligations in accordance with § 14-4A-07(a)(2) of this subtitle, one of the following:

1. A copy of the most recent form 10-K or form 20-F filed by the warrantor or the warrantor's parent company with the United States Securities and Exchange Commission; or

2. If the warrantor or the warrantor's parent company does not file with the United States Securities and Exchange Commission, a copy of the warrantor's or the warrantor's parent company's financial statement that shows a net worth or stockholders' equity of not less than $ 50,000,000; and

(6) A copy of each warranty that the warrantor proposes to use in the State.

(c) Fee. --

(1) A warrantor that registers under subsection (a) of this section shall pay a registration fee to the Division at the time of registration.

(2) On January 1 of each year following a warrantor's initial registration, the warrantor shall pay a renewal fee to the Division.

(3) The registration fee and the renewal fee required under this subsection shall be set by the Division in an amount not exceeding $ 500 for each fee.

Md. Com. L. Code Ann. § 14-4A-04. Registration.

(a) In general. -- A warrantor of a vehicle protection product that is sold or offered for sale in the State shall register with the Division on the form that the Division provides.

(b) Contents of form. -- The registration form shall include:

(1) The name, address, and telephone number of the warrantor, including any name under which the warrantor does business;

(2) The name, address, and telephone number of the warrantor's administrator, if any;

(3) The name and address of the warrantor's registered agent, if any;

(4) The name of at least one officer of the warrantor who is directly responsible for the warrantor's vehicle protection product business;

(5) (i) If the warrantor elects to carry warranty reimbursement insurance in accordance with § 14-4A-07(a)(1) of this subtitle, a copy of the warrantor's warranty reimbursement insurance policy; or

(ii) If the warrantor elects to meet its financial obligations in accordance with § 14-4A-07(a)(2) of this subtitle, one of the following:

1. A copy of the most recent form 10-K or form 20-F filed by the warrantor or the warrantor's parent company with the United States Securities and Exchange Commission; or

2. If the warrantor or the warrantor's parent company does not file with the United States Securities and Exchange Commission, a copy of the warrantor's or the warrantor's parent company's financial statement that shows a net worth or stockholders' equity of not less than $ 50,000,000; and

(6) A copy of each warranty that the warrantor proposes to use in the State.

(c) Fee. --

(1) A warrantor that registers under subsection (a) of this section shall pay a registration fee to the Division at the time of registration.

(2) On January 1 of each year following a warrantor's initial registration, the warrantor shall pay a renewal fee to the Division.

(3) The registration fee and the renewal fee required under this subsection shall be set by the Division in an amount not exceeding $ 500 for each fee.

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Md. Com. L. Code Ann. § 14-4A-05. Availability of information to the public

Except for information received under § 14-4A-04(b)(5)(ii) of this subtitle, any information received by the Division in the course of administering this subtitle shall be made available to the public, subject to the provisions of the Maryland Public Information Act.



Md. Com. L. Code Ann. § 14-4A-05. Availability of information to the public

Except for information received under § 14-4A-04(b)(5)(ii) of this subtitle, any information received by the Division in the course of administering this subtitle shall be made available to the public, subject to the provisions of the Maryland Public Information Act.



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Md. Com. L. Code Ann. § 14-4A-06. Record keeping.

(a) Requirement. -- A warrantor of a vehicle protection product sold or offered for sale in the State shall keep accurate accounts, books, and records that relate to its vehicle protection product warranties.

(b) Contents of records. -- A warrantor's accounts, books, and records shall include:

(1) A copy of each vehicle protection product warranty sold or issued in the State;

(2) The name and address of each warranty holder; and

(3) The date, amount, and description of each receipt, claim, and expenditure.

(c) Time period for keeping of records. -- A warrantor shall keep accounts, books, and records relating to a vehicle protection product warranty and a warranty holder for at least 2 years following the expiration of the vehicle protection product warranty.

(d) Maintaining of records upon discontinuing of business. -- A warrantor that discontinues business in the State shall maintain its accounts, books, and records until it can prove to the Division that it has discharged all of its obligations to any warranty holder in the State.

(e) Inspection. -- On request, a warrantor shall make all of its accounts, books, and records available for inspection by the Division.



Md. Com. L. Code Ann. § 14-4A-06. Record keeping.

(a) Requirement. -- A warrantor of a vehicle protection product sold or offered for sale in the State shall keep accurate accounts, books, and records that relate to its vehicle protection product warranties.

(b) Contents of records. -- A warrantor's accounts, books, and records shall include:

(1) A copy of each vehicle protection product warranty sold or issued in the State;

(2) The name and address of each warranty holder; and

(3) The date, amount, and description of each receipt, claim, and expenditure.

(c) Time period for keeping of records. -- A warrantor shall keep accounts, books, and records relating to a vehicle protection product warranty and a warranty holder for at least 2 years following the expiration of the vehicle protection product warranty.

(d) Maintaining of records upon discontinuing of business. -- A warrantor that discontinues business in the State shall maintain its accounts, books, and records until it can prove to the Division that it has discharged all of its obligations to any warranty holder in the State.

(e) Inspection. -- On request, a warrantor shall make all of its accounts, books, and records available for inspection by the Division.



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Md. Com. L. Code Ann. § 14-4A-07. Insurance.
(a) Financial requirement. -- A warrantor of a vehicle protection product sold or offered for sale in the State shall:

(1) Be insured under a warranty reimbursement insurance policy; or

(2) Maintain a net worth or stockholders' equity of not less than $ 50,000,000.

(b) Other financial requirements. -- A warrantor that meets its financial obligation in accordance with subsection (a) of this section is not required to meet any other financial requirement or financial standard.

(c) Warranty reimbursement insurance. -- If a warrantor elects to carry warranty reimbursement insurance under subsection (a)(1) of this section, the warranty reimbursement insurance policy purchased by the warrantor shall provide:

(1) That the insurer will pay to, or on behalf of, the warrantor all sums that the warrantor is legally obligated to pay a warranty holder under the warrantor's vehicle protection product warranty;

(2) That, in the event payment due under the terms of the vehicle protection product warranty is not provided by the warrantor within 60 days after proof of loss has been filed by the warranty holder in accordance with the terms of the vehicle protection product warranty, the warranty holder may file a claim for reimbursement directly with the insurer;

(3) That the insurer shall be deemed to have received payment of the premium if the warranty holder paid the warrantor for the vehicle protection product warranty;

(4) That the insurer's liability under the warranty reimbursement insurance policy may not be reduced or relieved by a failure of the warrantor, for any reason, to report the issuance of a vehicle protection product warranty to the insurer; and

(5) That, with regard to cancellation of the warranty reimbursement insurance policy:

(i) The insurer may not cancel the warranty reimbursement insurance policy until a written notice of cancellation has been mailed or delivered to the insured warrantor;

(ii) The cancellation of a warranty reimbursement insurance policy may not reduce the insurer's responsibility for vehicle protection products sold before the date of cancellation; and

(iii) In the event an insurer cancels a warranty reimbursement insurance policy, the warrantor shall:

1. Discontinue offering vehicle protection product warranties as of the termination date of the warranty reimbursement insurance policy until a new warranty reimbursement insurance policy becomes effective; and

2. On obtaining a new warranty reimbursement insurance policy, file a copy of the new warranty reimbursement insurance policy with the Division.

(d) Guarantee of obligations. -- If a warrantor elects to meet its financial obligation in accordance with subsection (a)(2) of this section, the warrantor's parent company shall guarantee the obligations of the warrantor for the vehicle protection product warranties issued by the warrantor in the State.


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Md. Com. L. Code Ann. § 14-4A-07. Insurance.
(a) Financial requirement. -- A warrantor of a vehicle protection product sold or offered for sale in the State shall:

(1) Be insured under a warranty reimbursement insurance policy; or

(2) Maintain a net worth or stockholders' equity of not less than $ 50,000,000.

(b) Other financial requirements. -- A warrantor that meets its financial obligation in accordance with subsection (a) of this section is not required to meet any other financial requirement or financial standard.

(c) Warranty reimbursement insurance. -- If a warrantor elects to carry warranty reimbursement insurance under subsection (a)(1) of this section, the warranty reimbursement insurance policy purchased by the warrantor shall provide:

(1) That the insurer will pay to, or on behalf of, the warrantor all sums that the warrantor is legally obligated to pay a warranty holder under the warrantor's vehicle protection product warranty;

(2) That, in the event payment due under the terms of the vehicle protection product warranty is not provided by the warrantor within 60 days after proof of loss has been filed by the warranty holder in accordance with the terms of the vehicle protection product warranty, the warranty holder may file a claim for reimbursement directly with the insurer;

(3) That the insurer shall be deemed to have received payment of the premium if the warranty holder paid the warrantor for the vehicle protection product warranty;

(4) That the insurer's liability under the warranty reimbursement insurance policy may not be reduced or relieved by a failure of the warrantor, for any reason, to report the issuance of a vehicle protection product warranty to the insurer; and

(5) That, with regard to cancellation of the warranty reimbursement insurance policy:

(i) The insurer may not cancel the warranty reimbursement insurance policy until a written notice of cancellation has been mailed or delivered to the insured warrantor;

(ii) The cancellation of a warranty reimbursement insurance policy may not reduce the insurer's responsibility for vehicle protection products sold before the date of cancellation; and

(iii) In the event an insurer cancels a warranty reimbursement insurance policy, the warrantor shall:

1. Discontinue offering vehicle protection product warranties as of the termination date of the warranty reimbursement insurance policy until a new warranty reimbursement insurance policy becomes effective; and

2. On obtaining a new warranty reimbursement insurance policy, file a copy of the new warranty reimbursement insurance policy with the Division.

(d) Guarantee of obligations. -- If a warrantor elects to meet its financial obligation in accordance with subsection (a)(2) of this section, the warrantor's parent company shall guarantee the obligations of the warrantor for the vehicle protection product warranties issued by the warrantor in the State.


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Md. Com. L. Code Ann. § 14-4A-08. Vehicle protection product warranty.
(a) Requirements. -- A vehicle protection product warranty shall state:

(1) One of the following, as applicable:

(i) "The obligations of the warrantor to the warranty holder under this vehicle protection product warranty are guaranteed under a warranty reimbursement insurance policy. In the event payment due under the terms of the vehicle protection product warranty is not provided by the warrantor within 60 days after proof of loss has been filed by the warranty holder in accordance with the terms of the vehicle protection product warranty, the warranty holder may file a claim directly with the insurer that issued the warranty reimbursement insurance policy."; or

(ii) "The obligations of the warrantor to the warranty holder under this vehicle protection product warranty are backed by the full faith and credit of the warrantor.";

(2) The name and address of the insurer that issued the warranty reimbursement insurance policy to the warrantor, if applicable;

(3) The name and address of the warrantor, the seller of the vehicle protection product, and the warranty holder;

(4) The purchase price and terms of the vehicle protection product warranty, including a recital of the warrantor's obligations under the vehicle protection product warranty;

(5) The duration of the warranty period measured by time or, if practicable, by some measure of usage such as mileage;

(6) The procedure for making a claim, including a telephone number the warranty holder may call to make a claim;

(7) The payments or services to be provided under the vehicle protection product warranty, including payments for incidental costs, the manner of calculating or determining the payments to be provided, and any limitations, exceptions, or exclusions;

(8) The duties of the warranty holder, including:

(i) Protection of the vehicle from damage;

(ii) Notification to the warrantor in advance of any repair; and

(iii) Any other similar duty;

(9) Any terms, restrictions, or conditions relating to the transfer of the vehicle protection product warranty; and

(10) The terms and conditions governing cancellation of the vehicle protection product.

(b) Statement. -- A vehicle protection product warranty shall include, in a prominent location, the following statement: "This agreement is a product warranty and is not insurance."

(c) Written copy. -- If the sale of a vehicle protection product includes a vehicle protection product warranty, the seller of the vehicle protection product or the warrantor shall provide to the purchaser:

(1) At the time of sale, a written copy of the vehicle protection product warranty; or

(2) (i) At the time of sale, a receipt or other written evidence of the purchase of the vehicle protection product; and

(ii) Within 30 days after the date of the purchase, a written copy of the vehicle protection product warranty.

(d) Information required under subsection (a)(3) and (5). -- The information required under subsection (a)(3) and (5) of this section may be added to or stamped on the vehicle protection product warranty instead of being preprinted on the vehicle protection product warranty.

(e) Negotiation of warranty terms. -- At the time of purchase of a vehicle protection product, a warrantor may negotiate with the purchaser the purchase price and terms of the vehicle protection product warranty.

(f) Reimbursement of incidental costs. -- A vehicle protection product warranty may provide for the reimbursement of incidental costs incurred by the warranty holder:

(1) In a fixed amount specified in the vehicle protection product warranty; or

(2) According to a formula that itemizes specific incidental costs incurred by the warranty holder.


Md. Com. L. Code Ann. § 14-4A-08. Vehicle protection product warranty.
(a) Requirements. -- A vehicle protection product warranty shall state:

(1) One of the following, as applicable:

(i) "The obligations of the warrantor to the warranty holder under this vehicle protection product warranty are guaranteed under a warranty reimbursement insurance policy. In the event payment due under the terms of the vehicle protection product warranty is not provided by the warrantor within 60 days after proof of loss has been filed by the warranty holder in accordance with the terms of the vehicle protection product warranty, the warranty holder may file a claim directly with the insurer that issued the warranty reimbursement insurance policy."; or

(ii) "The obligations of the warrantor to the warranty holder under this vehicle protection product warranty are backed by the full faith and credit of the warrantor.";

(2) The name and address of the insurer that issued the warranty reimbursement insurance policy to the warrantor, if applicable;

(3) The name and address of the warrantor, the seller of the vehicle protection product, and the warranty holder;

(4) The purchase price and terms of the vehicle protection product warranty, including a recital of the warrantor's obligations under the vehicle protection product warranty;

(5) The duration of the warranty period measured by time or, if practicable, by some measure of usage such as mileage;

(6) The procedure for making a claim, including a telephone number the warranty holder may call to make a claim;

(7) The payments or services to be provided under the vehicle protection product warranty, including payments for incidental costs, the manner of calculating or determining the payments to be provided, and any limitations, exceptions, or exclusions;

(8) The duties of the warranty holder, including:

(i) Protection of the vehicle from damage;

(ii) Notification to the warrantor in advance of any repair; and

(iii) Any other similar duty;

(9) Any terms, restrictions, or conditions relating to the transfer of the vehicle protection product warranty; and

(10) The terms and conditions governing cancellation of the vehicle protection product.

(b) Statement. -- A vehicle protection product warranty shall include, in a prominent location, the following statement: "This agreement is a product warranty and is not insurance."

(c) Written copy. -- If the sale of a vehicle protection product includes a vehicle protection product warranty, the seller of the vehicle protection product or the warrantor shall provide to the purchaser:

(1) At the time of sale, a written copy of the vehicle protection product warranty; or

(2) (i) At the time of sale, a receipt or other written evidence of the purchase of the vehicle protection product; and

(ii) Within 30 days after the date of the purchase, a written copy of the vehicle protection product warranty.

(d) Information required under subsection (a)(3) and (5). -- The information required under subsection (a)(3) and (5) of this section may be added to or stamped on the vehicle protection product warranty instead of being preprinted on the vehicle protection product warranty.

(e) Negotiation of warranty terms. -- At the time of purchase of a vehicle protection product, a warrantor may negotiate with the purchaser the purchase price and terms of the vehicle protection product warranty.

(f) Reimbursement of incidental costs. -- A vehicle protection product warranty may provide for the reimbursement of incidental costs incurred by the warranty holder:

(1) In a fixed amount specified in the vehicle protection product warranty; or

(2) According to a formula that itemizes specific incidental costs incurred by the warranty holder.


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Md. Com. L. Code Ann. § 14-4A-09. Usage of certain terms
(a) Prohibited words. -- Unless authorized by the Maryland Insurance Commissioner to engage in the insurance business in the State, a warrantor may not use the following words in its name, contracts, or literature:

(1) "Insurance";

(2) "Casualty";

(3) "Surety";

(4) "Mutual"; or

(5) Any other words that are:

(i) Descriptive of the insurance, casualty, or surety business; or

(ii) Deceptively similar to the name or description of an insurer, a surety corporation, or another warrantor.

(b) Usage of "guaranty". -- A warrantor may use the term "guaranty" or a similar word in the warrantor's name.

Md. Com. L. Code Ann. § 14-4A-09. Usage of certain terms
(a) Prohibited words. -- Unless authorized by the Maryland Insurance Commissioner to engage in the insurance business in the State, a warrantor may not use the following words in its name, contracts, or literature:

(1) "Insurance";

(2) "Casualty";

(3) "Surety";

(4) "Mutual"; or

(5) Any other words that are:

(i) Descriptive of the insurance, casualty, or surety business; or

(ii) Deceptively similar to the name or description of an insurer, a surety corporation, or another warrantor.

(b) Usage of "guaranty". -- A warrantor may use the term "guaranty" or a similar word in the warrantor's name.

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Md. Com. L. Code Ann. § 14-4A-10. Requiring purchase of vehicle protection product prohibited
A vehicle protection product seller or a warrantor may not require, as a condition of the sale or financing of a vehicle, that the purchaser of the vehicle buy a vehicle protection product.

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Md. Com. L. Code Ann. § 13-102. DefinitionsA vehicle protection product seller or a warrantor may not require, as a condition of the sale or financing of a vehicle, that the purchaser of the vehicle buy a vehicle protection product.

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Md. Com. L. Code Ann. § 14-4A-11. Settlement of disputes
A warrantor that establishes an informal dispute settlement procedure may elect to settle vehicle protection product warranty disputes in coordination with a private mediation services provider or the Division.



Md. Com. L. Code Ann. § 14-4A-11. Settlement of disputes
A warrantor that establishes an informal dispute settlement procedure may elect to settle vehicle protection product warranty disputes in coordination with a private mediation services provider or the Division.



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Md. Com. L. Code Ann. § 14-4A-12. Liabilities and duties

A warrantor is:

(1) Liable to the warranty holder for any wrongful breach of a vehicle protection product warranty; and

(2) Under a duty to:

(i) Comply with the requirements of this subtitle; and

(ii) Compensate the warranty holder for all reasonable incidental expenses incurred as a result of the breach.


Md. Com. L. Code Ann. § 14-4A-12. Liabilities and duties

A warrantor is:

(1) Liable to the warranty holder for any wrongful breach of a vehicle protection product warranty; and

(2) Under a duty to:

(i) Comply with the requirements of this subtitle; and

(ii) Compensate the warranty holder for all reasonable incidental expenses incurred as a result of the breach.


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Md. Com. L. Code Ann. § 14-4A-13. Violations of subtitle.
(a) In general. -- A violation of this subtitle:

(1) Is an unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Except for § 13-410 of this article, is subject to the enforcement and penalty provisions contained in Title 13 of this article.

(b) Fine. -- A warrantor that violates the provisions of this subtitle is subject to a fine of $ 500 for each violation, not exceeding $ 10,000 for all violations.

(c) Separate violation. -- For purposes of this section, each individual failure to comply with the requirements of this subtitle is a separate violation.

Md. Com. L. Code Ann. § 14-4A-13. Violations of subtitle.
(a) In general. -- A violation of this subtitle:

(1) Is an unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Except for § 13-410 of this article, is subject to the enforcement and penalty provisions contained in Title 13 of this article.

(b) Fine. -- A warrantor that violates the provisions of this subtitle is subject to a fine of $ 500 for each violation, not exceeding $ 10,000 for all violations.

(c) Separate violation. -- For purposes of this section, each individual failure to comply with the requirements of this subtitle is a separate violation.

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Md. Com. L. Code Ann. §14-4A-14. Short title.
This subtitle may be cited as the Vehicle Protection Products Act.


Md. Com. L. Code Ann. §14-4A-14. Short title.
This subtitle may be cited as the Vehicle Protection Products Act.


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Md. Com. L. Code Ann. § 14-501. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Artist. -- "Artist" means any person who conceived or created:

(1) The master image for a fine print; or

(2) The master image which served as the model for a fine print.

(c) Fine print. --

(1) "Fine print" means a printed image on paper or any other suitable substance which has been taken off a plate by printing, stamping, casting, or any other process commonly used in the graphic arts.

(2) "Fine print" includes an engraving, etching, woodcut, lithograph, or serigraph.

(d) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(e) Plate. -- "Plate" means a plate, stone, block, or other material used to create a fine print or from which a fine print is taken.

(f) Print. -- "Print" means a fine print.

(g) Signed print. -- "Signed print" means a fine print autographed by the artist, whether it was signed or unsigned in the plate.


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Md. Com. L. Code Ann. § 14-501. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Artist. -- "Artist" means any person who conceived or created:

(1) The master image for a fine print; or

(2) The master image which served as the model for a fine print.

(c) Fine print. --

(1) "Fine print" means a printed image on paper or any other suitable substance which has been taken off a plate by printing, stamping, casting, or any other process commonly used in the graphic arts.

(2) "Fine print" includes an engraving, etching, woodcut, lithograph, or serigraph.

(d) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(e) Plate. -- "Plate" means a plate, stone, block, or other material used to create a fine print or from which a fine print is taken.

(f) Print. -- "Print" means a fine print.

(g) Signed print. -- "Signed print" means a fine print autographed by the artist, whether it was signed or unsigned in the plate.


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Md. Com. L. Code Ann. § 14-502. Exceptions
This subtitle does not apply to:

(1) A fine print printed before July 2, 1974; or

(2) A fine print offered for sale or sold at retail or wholesale for:

(i) $ 25 or less, if unframed; or

(ii) $ 40 or less, if framed.


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Md. Com. L. Code Ann. § 14-502. Exceptions
This subtitle does not apply to:

(1) A fine print printed before July 2, 1974; or

(2) A fine print offered for sale or sold at retail or wholesale for:

(i) $ 25 or less, if unframed; or

(ii) $ 40 or less, if framed.


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Md. Com. L. Code Ann. § 14-503. When disclosure required
(a) Publication offering print for sale. -- A person may not knowingly publish or distribute any catalog, prospectus, or circular which offers for sale a fine print unless it clearly and conspicuously discloses all information required by § 14-504 of this subtitle.

(b) Invoice, receipt, or certificate for sale of print. -- A person may not knowingly sell at retail or wholesale any fine print unless a written invoice, receipt for the purchase price, or certificate furnished to the purchaser clearly and conspicuously discloses all information required by § 14-504 of this subtitle.

(c) Reproductions. -- If a fine print is described as a "reproduction", the information required by § 14-504 of this subtitle is not required to be disclosed, unless the print allegedly was published in a limited edition, an edition of numbered or signed prints, or any combination of them.

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Md. Com. L. Code Ann. § 14-503. When disclosure required
(a) Publication offering print for sale. -- A person may not knowingly publish or distribute any catalog, prospectus, or circular which offers for sale a fine print unless it clearly and conspicuously discloses all information required by § 14-504 of this subtitle.

(b) Invoice, receipt, or certificate for sale of print. -- A person may not knowingly sell at retail or wholesale any fine print unless a written invoice, receipt for the purchase price, or certificate furnished to the purchaser clearly and conspicuously discloses all information required by § 14-504 of this subtitle.

(c) Reproductions. -- If a fine print is described as a "reproduction", the information required by § 14-504 of this subtitle is not required to be disclosed, unless the print allegedly was published in a limited edition, an edition of numbered or signed prints, or any combination of them.

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Md. Com. L. Code Ann. § 14-504. Information to be disclosed.
(a) Information required. -- A person who sells or offers to sell a fine print shall disclose the following information:

(1) The year when printed and the name of the artist;

(2) Whether the print is a part of a limited edition and, if it is:

(i) The authorized maximum number of numbered or signed prints, or both, in the edition;

(ii) The authorized maximum number of unnumbered or unsigned prints, or both, in the edition;

(iii) Any authorized maximum number of artist's, publisher's, printer's or other proofs, exclusive of trial proofs, outside the regular edition; and

(iv) The total size of the edition;

(3) Whether the plate has been destroyed, effaced, altered, defaced, or canceled after the current edition;

(4) If there were any prior plates of the same master image:

(i) The total number of plates; and

(ii) A designation of the plate from which the print was taken;

(5) If there were any prior or later editions from the same plate:

(i) The series number of the edition of which the print is a part; and

(ii) The aggregate size of all other editions;

(6) Whether the edition is a posthumous edition or restrike and, if it is, whether the plate has been reworked; and

(7) The name of any workshop where the edition was printed.

(b) Disclaimer of knowledge. -- If the person lacks knowledge as to any information required to be disclosed by this section, he shall disclaim that knowledge specifically with regard to each of these items of information so that the purchaser is able to judge the degree of uniqueness or scarcity of each print.

Md. Com. L. Code Ann. § 14-504. Information to be disclosed.
(a) Information required. -- A person who sells or offers to sell a fine print shall disclose the following information:

(1) The year when printed and the name of the artist;

(2) Whether the print is a part of a limited edition and, if it is:

(i) The authorized maximum number of numbered or signed prints, or both, in the edition;

(ii) The authorized maximum number of unnumbered or unsigned prints, or both, in the edition;

(iii) Any authorized maximum number of artist's, publisher's, printer's or other proofs, exclusive of trial proofs, outside the regular edition; and

(iv) The total size of the edition;

(3) Whether the plate has been destroyed, effaced, altered, defaced, or canceled after the current edition;

(4) If there were any prior plates of the same master image:

(i) The total number of plates; and

(ii) A designation of the plate from which the print was taken;

(5) If there were any prior or later editions from the same plate:

(i) The series number of the edition of which the print is a part; and

(ii) The aggregate size of all other editions;

(6) Whether the edition is a posthumous edition or restrike and, if it is, whether the plate has been reworked; and

(7) The name of any workshop where the edition was printed.

(b) Disclaimer of knowledge. -- If the person lacks knowledge as to any information required to be disclosed by this section, he shall disclaim that knowledge specifically with regard to each of these items of information so that the purchaser is able to judge the degree of uniqueness or scarcity of each print.

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Md. Com. L. Code Ann. § 14-505. Remedies.

(a) Return of purchase price. -- A person who sells a fine print in violation of this subtitle is liable to the purchaser, on tender by the purchaser of the print, for its purchase price, with interest from the date of payment of the purchase price.

(b) Treble damages. -- A person who sells a fine print in willful violation of this subtitle is liable to the purchaser, on tender by the purchaser of the print, for an amount equal to three times the sum of the purchase price and interest from the date of payment of the purchase price.

(c) Limitation of action. -- An action may not be maintained under this section unless brought within one year after discovery of the violation on which it is based and, in no event, more than three years after the print was sold.

Md. Com. L. Code Ann. § 14-505. Remedies.

(a) Return of purchase price. -- A person who sells a fine print in violation of this subtitle is liable to the purchaser, on tender by the purchaser of the print, for its purchase price, with interest from the date of payment of the purchase price.

(b) Treble damages. -- A person who sells a fine print in willful violation of this subtitle is liable to the purchaser, on tender by the purchaser of the print, for an amount equal to three times the sum of the purchase price and interest from the date of payment of the purchase price.

(c) Limitation of action. -- An action may not be maintained under this section unless brought within one year after discovery of the violation on which it is based and, in no event, more than three years after the print was sold.

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Md. Com. L. Code Ann. § 14-601. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Package. -- "Package" includes a box, cover, or wrapper.

(c) Person. -- "Person" means an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(d) Sell. -- "Sell" includes offer to sell.

(e) Stamped. -- "Stamped" includes branded, engraved, or imprinted.

(f) Tag. -- "Tag" includes a card or label.

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Md. Com. L. Code Ann. § 14-601. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Package. -- "Package" includes a box, cover, or wrapper.

(c) Person. -- "Person" means an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(d) Sell. -- "Sell" includes offer to sell.

(e) Stamped. -- "Stamped" includes branded, engraved, or imprinted.

(f) Tag. -- "Tag" includes a card or label.

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Md. Com. L. Code Ann. § 14-602. Gold merchandise in general

(a) Marks. -- A person may not sell, manufacture for sale, or possess with intent to sell any item of merchandise made in whole or in part of gold or a gold alloy, which has stamped on it, on a tag attached to it, or on a package in which it is contained, any mark which indicates or is designed or intended to indicate that the gold or gold alloy in the item is greater than its actual degree of fineness, unless the actual fineness of the gold or gold alloy:

(1) In the case of flatware or a watch case, is not less than the fineness indicated by the mark by more than 0.003 parts; or

(2) In the case of any other article, is not less than the fineness indicated by the mark by more than one-half karat.

(b) Testing standard. -- For purposes of this section, in any assay or test undertaken to ascertain the fineness of gold or gold alloy in any item, the part of the gold or gold alloy used may not contain or have attached to it any solder or alloy of inferior fineness used to braze or unite the parts of the item.

(c) Additional standard. -- With respect to any item other than flatware or a watch case, in addition to the requirements of subsections (a) and (b) of this section, the actual fineness of all gold, gold alloy, and solder or alloy of inferior fineness used to braze or unite the parts of the item shall be assayed as one piece and may not be less than the fineness indicated by the mark by more than one karat
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Md. Com. L. Code Ann. § 14-602. Gold merchandise in general

(a) Marks. -- A person may not sell, manufacture for sale, or possess with intent to sell any item of merchandise made in whole or in part of gold or a gold alloy, which has stamped on it, on a tag attached to it, or on a package in which it is contained, any mark which indicates or is designed or intended to indicate that the gold or gold alloy in the item is greater than its actual degree of fineness, unless the actual fineness of the gold or gold alloy:

(1) In the case of flatware or a watch case, is not less than the fineness indicated by the mark by more than 0.003 parts; or

(2) In the case of any other article, is not less than the fineness indicated by the mark by more than one-half karat.

(b) Testing standard. -- For purposes of this section, in any assay or test undertaken to ascertain the fineness of gold or gold alloy in any item, the part of the gold or gold alloy used may not contain or have attached to it any solder or alloy of inferior fineness used to braze or unite the parts of the item.

(c) Additional standard. -- With respect to any item other than flatware or a watch case, in addition to the requirements of subsections (a) and (b) of this section, the actual fineness of all gold, gold alloy, and solder or alloy of inferior fineness used to braze or unite the parts of the item shall be assayed as one piece and may not be less than the fineness indicated by the mark by more than one karat
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Md. Com. L. Code Ann. § 14-603. "Gold plate" and similar gold content merchandise
A person may not sell, manufacture for sale, or possess with intent to sell any item of merchandise made in whole or in part of inferior metal which has deposited or plated on it or brazed or otherwise affixed to it a plate, plating, covering, or sheet of gold or gold alloy, and which has stamped on it, on a tag attached to it, or on a package in which it is contained, any word or mark usually employed to indicate the fineness of gold, unless the word or mark is accompanied by other words which plainly indicate that the item or some part of it is made of rolled gold plate, gold plate, or gold electroplate or is gold filled, as the case may be.

Md. Com. L. Code Ann. § 14-603. "Gold plate" and similar gold content merchandise
A person may not sell, manufacture for sale, or possess with intent to sell any item of merchandise made in whole or in part of inferior metal which has deposited or plated on it or brazed or otherwise affixed to it a plate, plating, covering, or sheet of gold or gold alloy, and which has stamped on it, on a tag attached to it, or on a package in which it is contained, any word or mark usually employed to indicate the fineness of gold, unless the word or mark is accompanied by other words which plainly indicate that the item or some part of it is made of rolled gold plate, gold plate, or gold electroplate or is gold filled, as the case may be.

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Md. Com. L. Code Ann. § 14-604. Silver merchandise -- In general.
(a) Marks. -- A person may not sell, manufacture for sale, or possess with intent to sell any item of merchandise made in whole or in part of silver or a silver alloy, which has stamped on it, on a tag attached to it, or on a package in which it is contained, any mark or word, other than the word "sterling" or "coin", which indicates or is designed or intended to indicate that the silver or silver alloy in the item is greater than its actual degree of fineness, unless the actual fineness of the silver or silver alloy is not less than the fineness indicated by the mark or word by more than 0.004 parts.

(b) Testing standard. -- For purposes of this section, in any assay or test undertaken to ascertain the fineness of the silver or silver alloy in an item, the part of the silver or silver alloy used may not contain or have attached to it any solder or alloy of inferior fineness used to braze or unite the parts of the item.

(c) Additional standard. -- In addition to the requirements of subsections (a) and (b) of this section, the actual fineness of all silver, silver alloy, and solder or alloy of inferior fineness used to braze or unite the parts of the item shall be assayed as one piece and may not be less than the fineness indicated by the mark by more than 0.010 parts.


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Md. Com. L. Code Ann. § 14-604. Silver merchandise -- In general.
(a) Marks. -- A person may not sell, manufacture for sale, or possess with intent to sell any item of merchandise made in whole or in part of silver or a silver alloy, which has stamped on it, on a tag attached to it, or on a package in which it is contained, any mark or word, other than the word "sterling" or "coin", which indicates or is designed or intended to indicate that the silver or silver alloy in the item is greater than its actual degree of fineness, unless the actual fineness of the silver or silver alloy is not less than the fineness indicated by the mark or word by more than 0.004 parts.

(b) Testing standard. -- For purposes of this section, in any assay or test undertaken to ascertain the fineness of the silver or silver alloy in an item, the part of the silver or silver alloy used may not contain or have attached to it any solder or alloy of inferior fineness used to braze or unite the parts of the item.

(c) Additional standard. -- In addition to the requirements of subsections (a) and (b) of this section, the actual fineness of all silver, silver alloy, and solder or alloy of inferior fineness used to braze or unite the parts of the item shall be assayed as one piece and may not be less than the fineness indicated by the mark by more than 0.010 parts.


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Md. Com. L. Code Ann. § 14-605. Same -- "Sterling silver"
(a) Required standard. -- A person may not sell, manufacture for sale, or possess with intent to sell any item of merchandise made in whole or in part of silver or a silver alloy, which has stamped on it, on a tag attached to it, or on a package in which it is contained, the words "sterling silver", "sterling", or any colorable imitation of them, unless at least 0.925 of the component parts of the metal which appear or purport to be silver and of which the item is manufactured are pure silver.

(b) Permitted divergence. -- A divergence of 0.004 parts from the standard required by subsection (a) of this section is permitted.

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Md. Com. L. Code Ann. § 14-605. Same -- "Sterling silver"
(a) Required standard. -- A person may not sell, manufacture for sale, or possess with intent to sell any item of merchandise made in whole or in part of silver or a silver alloy, which has stamped on it, on a tag attached to it, or on a package in which it is contained, the words "sterling silver", "sterling", or any colorable imitation of them, unless at least 0.925 of the component parts of the metal which appear or purport to be silver and of which the item is manufactured are pure silver.

(b) Permitted divergence. -- A divergence of 0.004 parts from the standard required by subsection (a) of this section is permitted.

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Md. Com. L. Code Ann. § 14-606. Same -- "Coin silver"

(a) Required standard. -- A person may not sell, manufacture for sale, or possess with intent to sell any item of merchandise made in whole or in part of silver or a silver alloy, which has stamped on it, on a tag attached to it, or on a package in which it is contained, the words "coin silver", "coin", or any colorable imitation of them, unless at least 0.900 of the component parts of the metal which appear or purport to be silver and of which the item is manufactured are pure silver.

(b) Permitted divergence. -- A divergence of 0.004 parts from the standard required by subsection (a) of this section is permitted.


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Md. Com. L. Code Ann. § 14-606. Same -- "Coin silver"

(a) Required standard. -- A person may not sell, manufacture for sale, or possess with intent to sell any item of merchandise made in whole or in part of silver or a silver alloy, which has stamped on it, on a tag attached to it, or on a package in which it is contained, the words "coin silver", "coin", or any colorable imitation of them, unless at least 0.900 of the component parts of the metal which appear or purport to be silver and of which the item is manufactured are pure silver.

(b) Permitted divergence. -- A divergence of 0.004 parts from the standard required by subsection (a) of this section is permitted.


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Md. Com. L. Code Ann. § 14-607. "Silver plate" and similar silver content merchandise
A person may not sell, manufacture for sale, or possess with intent to sell any item of merchandise made in whole or in part of inferior metal which has deposited or plated on it or brazed or otherwise affixed to it a plate, plating, covering, or sheet of silver or silver alloy, and which has stamped on it, on a tag attached to it, or on a package in which it is contained, the word "sterling" or "coin", alone or in conjunction with any other word or mark.


Md. Com. L. Code Ann. § 14-607. "Silver plate" and similar silver content merchandise
A person may not sell, manufacture for sale, or possess with intent to sell any item of merchandise made in whole or in part of inferior metal which has deposited or plated on it or brazed or otherwise affixed to it a plate, plating, covering, or sheet of silver or silver alloy, and which has stamped on it, on a tag attached to it, or on a package in which it is contained, the word "sterling" or "coin", alone or in conjunction with any other word or mark.


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Md. Com. L. Code Ann. § 14-608. Penalty; exception
(a) Penalty. -- Any person who violates any provision of this subtitle, and each of his managers, managing agents, directors, or officers who directly participates in a violation or consents to a violation, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 500 or imprisonment not exceeding three months or both.

(b) Exception. -- It is a defense to any prosecution brought under this subtitle that the item concerning which the prosecution is brought was manufactured before July 1, 1912.


Md. Com. L. Code Ann. § 14-608. Penalty; exception
(a) Penalty. -- Any person who violates any provision of this subtitle, and each of his managers, managing agents, directors, or officers who directly participates in a violation or consents to a violation, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 500 or imprisonment not exceeding three months or both.

(b) Exception. -- It is a defense to any prosecution brought under this subtitle that the item concerning which the prosecution is brought was manufactured before July 1, 1912.


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Md. Com. L. Code Ann. § 14-701. Definitions
(a) In general. -- In this section the following words have the meanings indicated.

(b) Consumer. -- "Consumer" means a person who buys for his own use or for the use of another but not for resale.

(c) County. -- "County" includes Baltimore City.

(d) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(e) Secondhand watch. -- "Secondhand watch" means:

(1) A watch or the case or movement of a watch which has been sold previously to a consumer; or

(2) Any watch of which the case or movement serial number or other distinguishing number or identification mark has been erased, defaced, removed, altered, or covered.

(f) Sell. -- "Sell" includes exchange or offer or display for sale or exchange
Md. Com. L. Code Ann. § 14-701. Definitions
(a) In general. -- In this section the following words have the meanings indicated.

(b) Consumer. -- "Consumer" means a person who buys for his own use or for the use of another but not for resale.

(c) County. -- "County" includes Baltimore City.

(d) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(e) Secondhand watch. -- "Secondhand watch" means:

(1) A watch or the case or movement of a watch which has been sold previously to a consumer; or

(2) Any watch of which the case or movement serial number or other distinguishing number or identification mark has been erased, defaced, removed, altered, or covered.

(f) Sell. -- "Sell" includes exchange or offer or display for sale or exchange

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Md. Com. L. Code Ann. § 14-702. Applicability of subtitle
(a) Watches exempt from subtitle. -- This subtitle does not apply to a secondhand watch which has been sold previously to a consumer and is returned to the seller within 30 calendar days for a refund, credit, or exchange in an amount equal to the full amount of the purchase price, if the seller keeps a written record which sets forth:

(1) The name and address of the consumer;

(2) The dates of the sale to and the return by the consumer;

(3) The name of the watch or its maker; and

(4) The serial number or, if none, any other distinguishing number or identification mark on the case and on the movement of the watch.

(b) Record to be kept. -- The seller shall keep the record on file for at least three years from the date of the sale of the watch. The file shall be open for inspection during all business hours by the State's Attorney of the county in which the seller engages in business.


Md. Com. L. Code Ann. § 14-702. Applicability of subtitle
(a) Watches exempt from subtitle. -- This subtitle does not apply to a secondhand watch which has been sold previously to a consumer and is returned to the seller within 30 calendar days for a refund, credit, or exchange in an amount equal to the full amount of the purchase price, if the seller keeps a written record which sets forth:

(1) The name and address of the consumer;

(2) The dates of the sale to and the return by the consumer;

(3) The name of the watch or its maker; and

(4) The serial number or, if none, any other distinguishing number or identification mark on the case and on the movement of the watch.

(b) Record to be kept. -- The seller shall keep the record on file for at least three years from the date of the sale of the watch. The file shall be open for inspection during all business hours by the State's Attorney of the county in which the seller engages in business.


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Md. Com. L. Code Ann. § 14-703. Tag required on secondhand watch

Any person, his agent, or employee who sells or possesses with intent to sell a secondhand watch shall affix and keep affixed to it a tag with the word "secondhand" legibly written on it in the English language.


Md. Com. L. Code Ann. § 14-703. Tag required on secondhand watch

Any person, his agent, or employee who sells or possesses with intent to sell a secondhand watch shall affix and keep affixed to it a tag with the word "secondhand" legibly written on it in the English language.


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Md. Com. L. Code Ann. §14-704. Invoice required; record
(a) Invoice required for sale of secondhand watch. -- Any person, his agent, or employee who sells or possesses with intent to sell a secondhand watch shall deliver to the buyer a written invoice which sets forth:

(1) The name and address of the seller;

(2) The name and address of the buyer;

(3) The date of the sale;

(4) The name of the watch or its maker;

(5) The serial number or, if none, any other distinguishing number or identification mark on the case and the movement of the watch; and

(6) Whether any serial number or any other distinguishing number or identification mark has been erased, defaced, removed, altered, or covered.

(b) Record to be kept. -- The seller of a secondhand watch shall keep a duplicate of the invoice on file for at least one year from the date of the sale of the watch. The file shall be open for inspection during all business hours by the State's Attorney of the county in which the seller engages in business.

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Md. Com. L. Code Ann. §14-704. Invoice required; record
(a) Invoice required for sale of secondhand watch. -- Any person, his agent, or employee who sells or possesses with intent to sell a secondhand watch shall deliver to the buyer a written invoice which sets forth:

(1) The name and address of the seller;

(2) The name and address of the buyer;

(3) The date of the sale;

(4) The name of the watch or its maker;

(5) The serial number or, if none, any other distinguishing number or identification mark on the case and the movement of the watch; and

(6) Whether any serial number or any other distinguishing number or identification mark has been erased, defaced, removed, altered, or covered.

(b) Record to be kept. -- The seller of a secondhand watch shall keep a duplicate of the invoice on file for at least one year from the date of the sale of the watch. The file shall be open for inspection during all business hours by the State's Attorney of the county in which the seller engages in business.

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Md. Com. L. Code Ann. § 14-705. Advertising secondhand watches
Any person who in any manner advertises a secondhand watch for sale shall state clearly in the advertisement that the watch is a secondhand watch.


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Md. Com. L. Code Ann. § 14-705. Advertising secondhand watches
Any person who in any manner advertises a secondhand watch for sale shall state clearly in the advertisement that the watch is a secondhand watch.


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Md. Com. L. Code Ann. §14-706. Penalty

Any person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 500 or imprisonment not exceeding three months or both.

Md. Com. L. Code Ann. §14-706. Penalty

Any person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 500 or imprisonment not exceeding three months or both.

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Md. Com. L. Code Ann. §14-801. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(c) Used radio and television sets. --

(1) "Used radio or television set" means any radio set or television set which is used, rebuilt, reconditioned, or repossessed.

(2) "Used radio or television set" does not include any set which is:

(i) Advertised or described and sold as antique goods; or

(ii) Returned by a retail customer if the sale price is canceled, refunded, or fully credited.


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Md. Com. L. Code Ann. §14-801. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(c) Used radio and television sets. --

(1) "Used radio or television set" means any radio set or television set which is used, rebuilt, reconditioned, or repossessed.

(2) "Used radio or television set" does not include any set which is:

(i) Advertised or described and sold as antique goods; or

(ii) Returned by a retail customer if the sale price is canceled, refunded, or fully credited.


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Md. Com. L. Code Ann. §14-803. Penalty; presumption

(a) Penalty. -- Any person who, with the intent to deceive a potential purchaser, violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000.

(b) Presumption. -- A person is presumed to have the requisite intent to deceive if he fails to comply with any provision of this subtitle.


Md. Com. L. Code Ann. §14-803. Penalty; presumption

(a) Penalty. -- Any person who, with the intent to deceive a potential purchaser, violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000.

(b) Presumption. -- A person is presumed to have the requisite intent to deceive if he fails to comply with any provision of this subtitle.


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Md. Com. L. Code Ann. § 14-802. Advertising and sales
Any person, his agent, employee, or sales representative who offers for sale to the public any used radio or television set shall:

(1) State clearly in any advertisement of the set that it is "used", "rebuilt", "reconditioned", "repossessed", or "rebranded and used", as the case may be; and

(2) Affix to the set a tag or sticker which states that it is "used", "rebuilt", "reconditioned", "repossessed", or "rebranded and used", as the case may be
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Md. Com. L. Code Ann. § 14-802. Advertising and sales
Any person, his agent, employee, or sales representative who offers for sale to the public any used radio or television set shall:

(1) State clearly in any advertisement of the set that it is "used", "rebuilt", "reconditioned", "repossessed", or "rebranded and used", as the case may be; and

(2) Affix to the set a tag or sticker which states that it is "used", "rebuilt", "reconditioned", "repossessed", or "rebranded and used", as the case may be
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Md. Com. L. Code Ann. §14-901. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Advertisement. -- "Advertisement" has the meaning stated in § 13-101 (b) of this article.

(c) Disclosure statement. -- "Disclosure statement" means the form provided by the Attorney General for the purpose of disclosing to consumers practices relating to the preparation, handling, and sale of any unpackaged food represented to be kosher, kosher for Passover, or prepared or maintained under rabbinical or other kosher supervision.

(d) Division. -- "Division" means the Division of Consumer Protection of the Office of the Attorney General.

(e) Food; food product. --

(1) "Food" or "food product" means any food, food product, or food preparation, whether:

(i) Raw, solid or liquid; or

(ii) Prepared for human consumption.

(2) "Food" or "food product" includes:

(i) Any meat, meat product, or meat preparation;

(ii) Any milk, milk product, or milk preparation;

(iii) Any poultry or poultry product; and

(iv) Any alcoholic or nonalcoholic beverage.

(f) Kosher. -- "Kosher" includes foods prepared for the festival of Passover and termed as "kosher for Passover".

(g) Meat. -- "Meat" includes any meat product or meat preparation.

(h) Mezuzah. --

(1) "Mezuzah" means the Jewish religious article that, according to Jewish law, is designed to be attached to the doorpost of a room in a home.

(2) "Mezuzah" includes:

(i) The parchment or other material on which passages from the Bible are to be written; and

(ii) The writing on that parchment or other material.

(i) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(j) Poultry. -- "Poultry" includes any poultry product or poultry preparation.

(k) Represents to the public. --

(1) "Represents to the public" means any direct or indirect statement, orally or written, and any letter, word, sign, emblem, insignia, or mark which could reasonably lead a consumer to believe that a representation is being made that the final food product sold to the consumer is kosher, kosher for Passover, or prepared or maintained under rabbinical or other kosher supervision.

(2) "Represents to the public" includes any advertisement.

(l) Tefillin. --

(1) "Tefillin" means the Jewish religious article, also known as "phylacteries", that, according to Jewish law, is designed to be worn on the upper arm and head during morning prayers.

(2) "Tefillin" includes:

(i) The parchment or other material on which passages from the Bible are to be written;

(ii) The writing on that parchment or other material;

(iii) The capsules in which the parchment or other material is contained; and

(iv) The straps attached to the capsules.


Md. Com. L. Code Ann. §14-901. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Advertisement. -- "Advertisement" has the meaning stated in § 13-101 (b) of this article.

(c) Disclosure statement. -- "Disclosure statement" means the form provided by the Attorney General for the purpose of disclosing to consumers practices relating to the preparation, handling, and sale of any unpackaged food represented to be kosher, kosher for Passover, or prepared or maintained under rabbinical or other kosher supervision.

(d) Division. -- "Division" means the Division of Consumer Protection of the Office of the Attorney General.

(e) Food; food product. --

(1) "Food" or "food product" means any food, food product, or food preparation, whether:

(i) Raw, solid or liquid; or

(ii) Prepared for human consumption.

(2) "Food" or "food product" includes:

(i) Any meat, meat product, or meat preparation;

(ii) Any milk, milk product, or milk preparation;

(iii) Any poultry or poultry product; and

(iv) Any alcoholic or nonalcoholic beverage.

(f) Kosher. -- "Kosher" includes foods prepared for the festival of Passover and termed as "kosher for Passover".

(g) Meat. -- "Meat" includes any meat product or meat preparation.

(h) Mezuzah. --

(1) "Mezuzah" means the Jewish religious article that, according to Jewish law, is designed to be attached to the doorpost of a room in a home.

(2) "Mezuzah" includes:

(i) The parchment or other material on which passages from the Bible are to be written; and

(ii) The writing on that parchment or other material.

(i) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(j) Poultry. -- "Poultry" includes any poultry product or poultry preparation.

(k) Represents to the public. --

(1) "Represents to the public" means any direct or indirect statement, orally or written, and any letter, word, sign, emblem, insignia, or mark which could reasonably lead a consumer to believe that a representation is being made that the final food product sold to the consumer is kosher, kosher for Passover, or prepared or maintained under rabbinical or other kosher supervision.

(2) "Represents to the public" includes any advertisement.

(l) Tefillin. --

(1) "Tefillin" means the Jewish religious article, also known as "phylacteries", that, according to Jewish law, is designed to be worn on the upper arm and head during morning prayers.

(2) "Tefillin" includes:

(i) The parchment or other material on which passages from the Bible are to be written;

(ii) The writing on that parchment or other material;

(iii) The capsules in which the parchment or other material is contained; and

(iv) The straps attached to the capsules.


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Md. Com. L. Code Ann. § 14-902. Kosher and nonkosher products in same place of business


(a) Disclosure statements generally. --

(1) A person that represents to the public that any unpackaged food that is sold or served is kosher, kosher for Passover, or under rabbinical or other kosher supervision shall prominently and conspicuously display on the premises on which the food is sold or served a complete disclosure statement.

(2) The Division shall develop a form for disclosure statements and shall make the form available to any person upon request.

(3) The disclosure statement shall:

(i) Be understandable and written in simple and readable plain language;

(ii) Disclose to the public the basis for a representation that any unpackaged food sold or served is kosher, kosher for Passover, or under rabbinical or other supervision, including a specification of practices relating to the preparation, handling, and sale of the food; and

(iii) Contain any additional information or conform to any additional requirements that the Division considers reasonable and necessary to carry out the provisions of this subtitle.

(4) (i) A person that displays a disclosure statement in accordance with this section shall retain a copy of the statement for at least:

1. 3 years after the date of the initial display of the disclosure statement; or

2. 3 years after the date of any amendment to the disclosure, whichever is longer.

(ii) A person that displays a disclosure statement in accordance with this section shall provide a copy of the statement to the Division within 2 business days of the person's receipt from the Division of a request for a copy of the disclosure statement.

(5) A person shall conform its practices with respect to the sale or serving of unpackaged food that is represented to the public as kosher, kosher for Passover, or under rabbinical or other kosher supervision.

(b) Sale. -- A person may not sell or offer for sale any unpackaged food represented to the public as kosher, whether for consumption in the person's place of business or elsewhere, if, in the same place of business, the person also offers for sale any unpackaged food, not represented to the public as kosher, unless the person includes on each window sign and each display advertisement in block letters at least 4 inches high the words "kosher and nonkosher food sold here" or, as to the sale of meat alone, "kosher and nonkosher meat and poultry sold here".

(c) Display. -- A person may not display for sale any food represented to the public as kosher, whether for consumption in the person's place of business or elsewhere, if, in the same show window or other location on or in the place of business, the person also displays any unpackaged food not represented to the public as kosher, unless the person displays over the kosher and nonkosher food signs that read, in block letters at least 4 inches high, "kosher food" and "nonkosher food", respectively, or, as to the display of meat alone, "kosher meat" and "nonkosher meat", or "kosher poultry" or "nonkosher poultry", respectively.

(d) Preparation. -- A person may not prepare or serve any food represented to the public as kosher, whether for consumption in the person's place of business or elsewhere, if, in the same place of business, the person also prepares or serves food not represented to the public as kosher, unless the person includes on each sign and display advertisement in or about the person's premises in block letters at least 4 inches high the words "kosher and nonkosher food prepared and sold here".

(e) Hebrew symbols. --

(1) In this subsection, "Hebrew" symbol means:

(i) Any Hebrew word or letter; or

(ii) Any symbol, emblem, sign, insignia, or other mark that simulates a Hebrew word or letter.

(2) In connection with any place of business that sells or offers for sale any food, a person may not display, whether in a window, door, or other location on or in the place of business, in any handbill or other printed matter distributed in or outside of the place of business, or otherwise in any advertisement, any Hebrew symbol, or any other representation to the public that the place of business is kosher, kosher for Passover, or under rabbinical or other kosher supervision, unless the person also displays in conjunction with the Hebrew symbol or such other representation, in English letters of at least the same size as the characters used in the Hebrew symbol, the words "we sell kosher meat and food only", "we sell nonkosher meat and food only", or "we sell both kosher and nonkosher meat and food", as the appropriate representation may be.

(f) Fresh meat or poultry. --

(1) In this subsection, "fresh" means unprocessed other than by salting or soaking.

(2) A person may not sell or offer for sale, as kosher, any fresh meat or poultry unless the words "soaked and salted" or "not soaked and salted", as the appropriate case may be, is marked:

(i) On the package label; or

(ii) If the product is not packaged, on a sign prominently displayed in conjunction with the product.


Md. Com. L. Code Ann. § 14-902. Kosher and nonkosher products in same place of business


(a) Disclosure statements generally. --

(1) A person that represents to the public that any unpackaged food that is sold or served is kosher, kosher for Passover, or under rabbinical or other kosher supervision shall prominently and conspicuously display on the premises on which the food is sold or served a complete disclosure statement.

(2) The Division shall develop a form for disclosure statements and shall make the form available to any person upon request.

(3) The disclosure statement shall:

(i) Be understandable and written in simple and readable plain language;

(ii) Disclose to the public the basis for a representation that any unpackaged food sold or served is kosher, kosher for Passover, or under rabbinical or other supervision, including a specification of practices relating to the preparation, handling, and sale of the food; and

(iii) Contain any additional information or conform to any additional requirements that the Division considers reasonable and necessary to carry out the provisions of this subtitle.

(4) (i) A person that displays a disclosure statement in accordance with this section shall retain a copy of the statement for at least:

1. 3 years after the date of the initial display of the disclosure statement; or

2. 3 years after the date of any amendment to the disclosure, whichever is longer.

(ii) A person that displays a disclosure statement in accordance with this section shall provide a copy of the statement to the Division within 2 business days of the person's receipt from the Division of a request for a copy of the disclosure statement.

(5) A person shall conform its practices with respect to the sale or serving of unpackaged food that is represented to the public as kosher, kosher for Passover, or under rabbinical or other kosher supervision.

(b) Sale. -- A person may not sell or offer for sale any unpackaged food represented to the public as kosher, whether for consumption in the person's place of business or elsewhere, if, in the same place of business, the person also offers for sale any unpackaged food, not represented to the public as kosher, unless the person includes on each window sign and each display advertisement in block letters at least 4 inches high the words "kosher and nonkosher food sold here" or, as to the sale of meat alone, "kosher and nonkosher meat and poultry sold here".

(c) Display. -- A person may not display for sale any food represented to the public as kosher, whether for consumption in the person's place of business or elsewhere, if, in the same show window or other location on or in the place of business, the person also displays any unpackaged food not represented to the public as kosher, unless the person displays over the kosher and nonkosher food signs that read, in block letters at least 4 inches high, "kosher food" and "nonkosher food", respectively, or, as to the display of meat alone, "kosher meat" and "nonkosher meat", or "kosher poultry" or "nonkosher poultry", respectively.

(d) Preparation. -- A person may not prepare or serve any food represented to the public as kosher, whether for consumption in the person's place of business or elsewhere, if, in the same place of business, the person also prepares or serves food not represented to the public as kosher, unless the person includes on each sign and display advertisement in or about the person's premises in block letters at least 4 inches high the words "kosher and nonkosher food prepared and sold here".

(e) Hebrew symbols. --

(1) In this subsection, "Hebrew" symbol means:

(i) Any Hebrew word or letter; or

(ii) Any symbol, emblem, sign, insignia, or other mark that simulates a Hebrew word or letter.

(2) In connection with any place of business that sells or offers for sale any food, a person may not display, whether in a window, door, or other location on or in the place of business, in any handbill or other printed matter distributed in or outside of the place of business, or otherwise in any advertisement, any Hebrew symbol, or any other representation to the public that the place of business is kosher, kosher for Passover, or under rabbinical or other kosher supervision, unless the person also displays in conjunction with the Hebrew symbol or such other representation, in English letters of at least the same size as the characters used in the Hebrew symbol, the words "we sell kosher meat and food only", "we sell nonkosher meat and food only", or "we sell both kosher and nonkosher meat and food", as the appropriate representation may be.

(f) Fresh meat or poultry. --

(1) In this subsection, "fresh" means unprocessed other than by salting or soaking.

(2) A person may not sell or offer for sale, as kosher, any fresh meat or poultry unless the words "soaked and salted" or "not soaked and salted", as the appropriate case may be, is marked:

(i) On the package label; or

(ii) If the product is not packaged, on a sign prominently displayed in conjunction with the product.


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Md. Com. L. Code Ann. § 14-903. Advertisement of place of business or food products

A person may not advertise any food for sale or any place of business as being under rabbinical or other kosher supervision unless the advertisement identifies the name of the rabbi or other person that supervises or otherwise certifies the product or place of business as kosher

Md. Com. L. Code Ann. § 14-903. Advertisement of place of business or food products

A person may not advertise any food for sale or any place of business as being under rabbinical or other kosher supervision unless the advertisement identifies the name of the rabbi or other person that supervises or otherwise certifies the product or place of business as kosher

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Md. Com. L. Code Ann. § 14-904. Identification of packaged food products
(a) "Packaged food product" defined. -- In this section, "packaged food product" means a food product that:

(1) In advance of sale, is put up or packaged, in any manner, in units suitable for retail sale; and

(2) Is not intended for consumption at its point of manufacture.

(b) In general. -- A person may not sell or offer for sale, as kosher, kosher for Passover, or as being under rabbinical or other kosher supervision any packaged food product unless:

(1) It has a kosher identification securely attached to the outside of the package; and

(2) This identification was attached to the package by the producer or packer of the product at his place of business.

(c) Applicability. -- Subsection (b) of this section applies to any packaged food product that is marked or identified with:

(1) In any language, the words "kosher", "parve", "glatt", or "rabbinical supervision";

(2) Any other word or symbol representing to the public that the product is kosher, kosher for Passover, or under rabbinical or other kosher supervision; or

(3) The English letters "K", "KP", "KD", "KM", "KF", "KOS", or "RS", except as part of a registered trademark.


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Md. Com. L. Code Ann. § 14-904. Identification of packaged food products
(a) "Packaged food product" defined. -- In this section, "packaged food product" means a food product that:

(1) In advance of sale, is put up or packaged, in any manner, in units suitable for retail sale; and

(2) Is not intended for consumption at its point of manufacture.

(b) In general. -- A person may not sell or offer for sale, as kosher, kosher for Passover, or as being under rabbinical or other kosher supervision any packaged food product unless:

(1) It has a kosher identification securely attached to the outside of the package; and

(2) This identification was attached to the package by the producer or packer of the product at his place of business.

(c) Applicability. -- Subsection (b) of this section applies to any packaged food product that is marked or identified with:

(1) In any language, the words "kosher", "parve", "glatt", or "rabbinical supervision";

(2) Any other word or symbol representing to the public that the product is kosher, kosher for Passover, or under rabbinical or other kosher supervision; or

(3) The English letters "K", "KP", "KD", "KM", "KF", "KOS", or "RS", except as part of a registered trademark.


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Md. Com. L. Code Ann. §14-905. Identification

(a) Required information. -- The manufacturer or importer of any mezuzah or tefillin represented as kosher or as produced under rabbinical or other supervision may not sell the product or offer it for sale unless the following information is printed legibly on the package of the product or on a label securely attached to the product:

(1) The name and address of the manufacturer or importer; and

(2) If the mezuzah or tefillin, in the form reasonably expected to be sold at retail, is not intended to be represented as kosher, the word "nonkosher".

(b) Sale without required information prohibited. -- A person may not sell or offer for sale at retail any mezuzah or tefillin represented to the public as kosher or as produced under rabbinical supervision that does not have on or attached to it the information required by subsection (a) of this section.

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Md. Com. L. Code Ann. §14-905. Identification

(a) Required information. -- The manufacturer or importer of any mezuzah or tefillin represented as kosher or as produced under rabbinical or other supervision may not sell the product or offer it for sale unless the following information is printed legibly on the package of the product or on a label securely attached to the product:

(1) The name and address of the manufacturer or importer; and

(2) If the mezuzah or tefillin, in the form reasonably expected to be sold at retail, is not intended to be represented as kosher, the word "nonkosher".

(b) Sale without required information prohibited. -- A person may not sell or offer for sale at retail any mezuzah or tefillin represented to the public as kosher or as produced under rabbinical supervision that does not have on or attached to it the information required by subsection (a) of this section.

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Md. Com. L. Code Ann. § 14-906. Applicability of Consumer Protection Act

A violation of any provision of this subtitle is an unfair or deceptive trade practice within the meaning of Title 13 of this article.

Md. Com. L. Code Ann. § 14-906. Applicability of Consumer Protection Act

A violation of any provision of this subtitle is an unfair or deceptive trade practice within the meaning of Title 13 of this article.

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Md. Com. L. Code Ann. §14-907. Penalty
Any person who violates any provision of this subtitle is guilty of a misdemeanor and is subject to the enforcement and penalty provisions set forth in Title 13 of this article

Md. Com. L. Code Ann. §14-907. Penalty
Any person who violates any provision of this subtitle is guilty of a misdemeanor and is subject to the enforcement and penalty provisions set forth in Title 13 of this article

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Md. Com. L. Code Ann. § 14-1001. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Automotive repair facility. -- "Automotive repair facility" means any person who diagnoses or corrects malfunctions of a motor vehicle for financial profit.

(c) Motor vehicle. -- "Motor vehicle" has the meaning stated in Title 11 of the Transportation Article.

(d) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

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Md. Com. L. Code Ann. § 14-1001. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Automotive repair facility. -- "Automotive repair facility" means any person who diagnoses or corrects malfunctions of a motor vehicle for financial profit.

(c) Motor vehicle. -- "Motor vehicle" has the meaning stated in Title 11 of the Transportation Article.

(d) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

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Md. Com. L. Code Ann. §14-1002. Written estimate for repair work

(a) Written estimate required; fee. --

(1) Before beginning any repair work on a motor vehicle for which a customer is charged more than $ 50, an automotive repair facility shall give the customer on the customer's request a written statement which contains:

(i) The estimated completion date;

(ii) The estimated price for labor and parts necessary to complete the work;

(iii) A clear statement that while the customer's motor vehicle is on the premises of the automotive repair facility, the automotive repair facility may not be responsible for damage to the customer's motor vehicle under certain circumstances, and that the customer should ask a representative of the automotive repair facility about the extent of its responsibility, including the extent of the insurance coverage of the automotive repair facility; and

(iv) The estimated surcharge, if any.

(2) If the fee is disclosed to the customer before the estimate is made, the automotive repair facility may charge a reasonable fee for making the estimate.

(b) Prohibited charges. -- An automotive repair facility may not charge a customer without his consent any amount which exceeds the written estimate by 10 percent.

(c) When repair delay excused. -- An automotive repair facility is not liable for breach of the written estimated completion date for a repair if the delay is caused by:

(1) An act of God;

(2) Strike;

(3) Unexpected illness; or

(4) Unexpected shortage of labor or parts.

(d) When written estimate not required. -- This section does not require an automotive repair facility to give a written estimate if the facility does not agree to perform the requested repair work
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Md. Com. L. Code Ann. §14-1002. Written estimate for repair work

(a) Written estimate required; fee. --

(1) Before beginning any repair work on a motor vehicle for which a customer is charged more than $ 50, an automotive repair facility shall give the customer on the customer's request a written statement which contains:

(i) The estimated completion date;

(ii) The estimated price for labor and parts necessary to complete the work;

(iii) A clear statement that while the customer's motor vehicle is on the premises of the automotive repair facility, the automotive repair facility may not be responsible for damage to the customer's motor vehicle under certain circumstances, and that the customer should ask a representative of the automotive repair facility about the extent of its responsibility, including the extent of the insurance coverage of the automotive repair facility; and

(iv) The estimated surcharge, if any.

(2) If the fee is disclosed to the customer before the estimate is made, the automotive repair facility may charge a reasonable fee for making the estimate.

(b) Prohibited charges. -- An automotive repair facility may not charge a customer without his consent any amount which exceeds the written estimate by 10 percent.

(c) When repair delay excused. -- An automotive repair facility is not liable for breach of the written estimated completion date for a repair if the delay is caused by:

(1) An act of God;

(2) Strike;

(3) Unexpected illness; or

(4) Unexpected shortage of labor or parts.

(d) When written estimate not required. -- This section does not require an automotive repair facility to give a written estimate if the facility does not agree to perform the requested repair work
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Md. Com. L. Code Ann. §14-1003. Required invoice
(a) Work description. -- An automotive repair facility shall prepare an invoice which describes:

(1) All work done by it, including all warranty work; and

(2) All parts supplied by it.

(b) Used, rebuilt, or reconditioned parts. -- The invoice shall state clearly:

(1) If any used, rebuilt, or reconditioned parts have been supplied or if a part of a component system supplied is composed of used, rebuilt, or reconditioned parts; and

(2) That while a customer's motor vehicle is on the premises of the automotive repair facility, the automotive repair facility may not be responsible for damage to the customer's motor vehicle under certain circumstances, and that the customer should ask a representative of the automotive repair facility about the extent of its responsibility, including the extent of the insurance coverage of the automotive repair facility.

(c) Notice. -- The invoice shall include the following notice: "Manufacturer Special Policy Adjustment Programs Federal law requires manufacturers to furnish the National Highway Traffic Safety Administration (N.H.T.S.A.) with bulletins describing any defects in their vehicles. You may obtain copies of these bulletins from either the manufacturer or N.H.T.S.A. In addition, certain consumer publications or organizations publish this information, which may be available for a fee or for free."

(d) Copies of invoice. -- After the customer signs the invoice, the automotive repair facility shall give the customer a copy of it and retain a copy.


Md. Com. L. Code Ann. §14-1003. Required invoice
(a) Work description. -- An automotive repair facility shall prepare an invoice which describes:

(1) All work done by it, including all warranty work; and

(2) All parts supplied by it.

(b) Used, rebuilt, or reconditioned parts. -- The invoice shall state clearly:

(1) If any used, rebuilt, or reconditioned parts have been supplied or if a part of a component system supplied is composed of used, rebuilt, or reconditioned parts; and

(2) That while a customer's motor vehicle is on the premises of the automotive repair facility, the automotive repair facility may not be responsible for damage to the customer's motor vehicle under certain circumstances, and that the customer should ask a representative of the automotive repair facility about the extent of its responsibility, including the extent of the insurance coverage of the automotive repair facility.

(c) Notice. -- The invoice shall include the following notice: "Manufacturer Special Policy Adjustment Programs Federal law requires manufacturers to furnish the National Highway Traffic Safety Administration (N.H.T.S.A.) with bulletins describing any defects in their vehicles. You may obtain copies of these bulletins from either the manufacturer or N.H.T.S.A. In addition, certain consumer publications or organizations publish this information, which may be available for a fee or for free."

(d) Copies of invoice. -- After the customer signs the invoice, the automotive repair facility shall give the customer a copy of it and retain a copy.


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Md. Com. L. Code Ann. §14-1004. Replaced parts to be returned to customer
(a) Required return. -- Except as provided in subsection (b) of this section, an automotive repair facility shall tender return of all replaced parts to the customer.

(b) Exception. -- Subsection (a) of this section does not apply to replaced parts which are required to be returned to the manufacturer or distributor under a warranty agreement.
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Md. Com. L. Code Ann. §14-1004. Replaced parts to be returned to customer
(a) Required return. -- Except as provided in subsection (b) of this section, an automotive repair facility shall tender return of all replaced parts to the customer.

(b) Exception. -- Subsection (a) of this section does not apply to replaced parts which are required to be returned to the manufacturer or distributor under a warranty agreement.
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Md. Com. L. Code Ann. § 14-1005. Civil action

This subtitle does not:

(1) Prohibit a person from filing an action for damages against an automotive repair facility; or

(2) Require a person first to exhaust any administrative remedy he may have.

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Md. Com. L. Code Ann. § 14-1005. Civil action

This subtitle does not:

(1) Prohibit a person from filing an action for damages against an automotive repair facility; or

(2) Require a person first to exhaust any administrative remedy he may have.

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Md. Com. L. Code Ann. § 14-1006. Unauthorized repairs

An automotive repair facility may not charge the customer for repairs not originally authorized or requested by the customer. Additional repairs may be charged to the customer if the automotive repair facility receives written or oral permission from the customer.

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Md. Com. L. Code Ann. § 14-1006. Unauthorized repairs

An automotive repair facility may not charge the customer for repairs not originally authorized or requested by the customer. Additional repairs may be charged to the customer if the automotive repair facility receives written or oral permission from the customer.

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Md. Com. L. Code Ann. §14-1007. Customer complaints

Any person aggrieved by a violation of any provision of this subtitle may take any action available under the consumer protection title of this article. Complaints may be filed with the Consumer Protection Division of the Office of the Attorney General
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Md. Com. L. Code Ann. §14-1007. Customer complaints

Any person aggrieved by a violation of any provision of this subtitle may take any action available under the consumer protection title of this article. Complaints may be filed with the Consumer Protection Division of the Office of the Attorney General
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Md. Com. L. Code Ann. § 14-1008. Repair authorizations

(a) Customer given copy. -- Except as provided in subsection (c) of this section, before beginning any repair work on a motor vehicle, an automotive repair facility shall give the customer a copy of a form used for authorization of repairs which shall inform the customer of the following rights:

(1) That a customer:

(i) May request a written estimate for repairs which cost in excess of $ 50; and

(ii) May not be charged any amount ten percent in excess of the written estimate without the customer's consent;

(2) That the customer is entitled to the return of any replaced parts except when parts are required to be returned to the manufacturer under a warranty agreement; and

(3) That repairs not originally authorized by the customer may not be charged to the customer without the customer's consent.

(b) Customer's rights. -- The customer's rights provided in subsection (a) of this section shall be:

(1) Displayed immediately before the space for the signature of the customer conspicuously in easily readable type;

(2) Physically separated from the other terms of the form used for authorization of repairs; and

(3) Listed under the printed heading "Customer's Rights".

(c) Oral notice of customer rights. --

(1) An automotive repair facility may inform the customer orally of the customer's rights if:

(i) The customer's motor vehicle is towed to the automotive repair facility for repair; or

(ii) The customer leaves the vehicle for repair at the repair facility when the facility is not open.

(2) Under this subsection, if any automotive repair facility informs a customer orally of the customer's rights, the facility shall record in writing:

(i) The name of the persons notified;

(ii) The date and time of the notification; and

(iii) The signature of the person who made the notification.

(d) Notice. -- The authorization form shall include the following notice: "Manufacturer Special Policy Adjustment Programs Federal law requires manufacturers to furnish the National Highway Traffic Safety Administration (N.H.T.S.A.) with bulletins describing any defects in their vehicles. You may obtain copies of these bulletins from either the manufacturer or N.H.T.S.A. In addition, certain consumer publications or organizations publish this information, which may be available for a fee or for free."

(e) Statement of responsibility. -- The authorization form shall include a clear statement that while the customer's motor vehicle is on the premises of the automotive repair facility, the automotive repair facility may not be responsible for damage to the customer's motor vehicle under certain circumstances, and that the customer should ask a representative of the automotive repair facility about the extent of its responsibility, including the extent of the insurance coverage of the automotive repair facility.

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Md. Com. L. Code Ann. § 14-1008. Repair authorizations

(a) Customer given copy. -- Except as provided in subsection (c) of this section, before beginning any repair work on a motor vehicle, an automotive repair facility shall give the customer a copy of a form used for authorization of repairs which shall inform the customer of the following rights:

(1) That a customer:

(i) May request a written estimate for repairs which cost in excess of $ 50; and

(ii) May not be charged any amount ten percent in excess of the written estimate without the customer's consent;

(2) That the customer is entitled to the return of any replaced parts except when parts are required to be returned to the manufacturer under a warranty agreement; and

(3) That repairs not originally authorized by the customer may not be charged to the customer without the customer's consent.

(b) Customer's rights. -- The customer's rights provided in subsection (a) of this section shall be:

(1) Displayed immediately before the space for the signature of the customer conspicuously in easily readable type;

(2) Physically separated from the other terms of the form used for authorization of repairs; and

(3) Listed under the printed heading "Customer's Rights".

(c) Oral notice of customer rights. --

(1) An automotive repair facility may inform the customer orally of the customer's rights if:

(i) The customer's motor vehicle is towed to the automotive repair facility for repair; or

(ii) The customer leaves the vehicle for repair at the repair facility when the facility is not open.

(2) Under this subsection, if any automotive repair facility informs a customer orally of the customer's rights, the facility shall record in writing:

(i) The name of the persons notified;

(ii) The date and time of the notification; and

(iii) The signature of the person who made the notification.

(d) Notice. -- The authorization form shall include the following notice: "Manufacturer Special Policy Adjustment Programs Federal law requires manufacturers to furnish the National Highway Traffic Safety Administration (N.H.T.S.A.) with bulletins describing any defects in their vehicles. You may obtain copies of these bulletins from either the manufacturer or N.H.T.S.A. In addition, certain consumer publications or organizations publish this information, which may be available for a fee or for free."

(e) Statement of responsibility. -- The authorization form shall include a clear statement that while the customer's motor vehicle is on the premises of the automotive repair facility, the automotive repair facility may not be responsible for damage to the customer's motor vehicle under certain circumstances, and that the customer should ask a representative of the automotive repair facility about the extent of its responsibility, including the extent of the insurance coverage of the automotive repair facility.

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Md. Com. L. Code Ann. §14-1009. Penalties

A violation of any provision of this subtitle is an unfair or deceptive practice within the meaning of Title 13 of this article and is subject to the enforcement and penalty provisions contained in Title 13 of this article
Md. Com. L. Code Ann. §14-1009. Penalties

A violation of any provision of this subtitle is an unfair or deceptive practice within the meaning of Title 13 of this article and is subject to the enforcement and penalty provisions contained in Title 13 of this article

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Md. Com. L. Code Ann. §14-1101. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Buyer. --

(1) "Buyer" means a person who buys consumer goods under a layaway agreement, even though he has entered into one or more renewal, extension, or refund agreements.

(2) "Buyer" includes a prospective buyer.

(c) Cash price. -- "Cash price" means the minimum price for which consumer goods subject to a layaway agreement, or other consumer goods of like kind and quality, may be purchased for cash from the seller by the buyer.

(d) C.O.D. transaction. -- "C.O.D. transaction" means an agreement by which the seller requires the buyer to pay the full cash price of the consumer goods upon delivery or tender of delivery by the seller, less any down payment made by the buyer. A C.O.D. transaction does not include an agreement by which the seller requires the buyer to pay interim payments before delivery or tender of delivery of the consumer goods by the seller.

(e) Consumer goods. -- "Consumer goods" means goods bought for use primarily for personal, family, or household purposes, as distinguished from industrial, commercial, or agricultural purposes.

(f) Down payment. -- "Down payment" means all amounts paid in cash, credits, or the agreed value of goods, by or for a buyer and to or for the benefit of the seller at or before execution of a layaway agreement or C.O.D. transaction.

(g) Layaway agreement. --

(1) "Layaway agreement" means a contract for the retail sale of consumer goods, negotiated or entered into in the State, under which:

(i) Part or all of the layaway price is payable in one or more payments subsequent to the making of the layaway agreement;

(ii) The consumer goods are specific existing consumer goods identified from the seller's stock or inventory at the time of the making of the layaway agreement; and

(iii) The seller retains possession of the consumer goods and bears the risk of their loss or damage until the layaway price is paid in full.

(2) "Layaway agreement" includes a "special order transaction," as defined in this section.

(3) "Layaway agreement" does not include a bona fide C.O.D. transaction.

(4) "Layaway agreement" does not include any form of layaway agreement where the buyer can default without any penalty, other than a maximum service charge of $ 1.

(h) Layaway price. -- "Layaway price" means the cash price of consumer goods together with an optional service charge, not to exceed $ 1 if the price of the consumer goods is $ 500 or less or $ 5 if the price of the consumer goods exceeds $ 500.

(i) Retail sale. -- "Retail sale" means the sale of consumer goods for use or consumption by the buyer or for the benefit or satisfaction which the buyer may derive from the use or consumption of the consumer goods by another, but not for resale by the buyer.

(j) Seller. -- "Seller" means a person who sells or agrees to sell consumer goods under a layaway agreement.

(k) Special order transaction. -- "Special order transaction" means a contract for the retail sale of consumer goods, negotiated or entered into in the State, under which either:

(1) Consumer goods:

(i) Are ordered by the buyer to the buyer's unique specifications;

(ii) Are not carried by the seller, either in the seller's showroom or warehouse;

(iii) Are ordered from a manufacturer or supplier; and

(iv) Are not resalable by the seller at the sale price negotiated with the buyer; or

(2) Consumer goods which have been altered at the request of the buyer so that the goods are no longer salable to the general public.

Md. Com. L. Code Ann. §14-1101. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Buyer. --

(1) "Buyer" means a person who buys consumer goods under a layaway agreement, even though he has entered into one or more renewal, extension, or refund agreements.

(2) "Buyer" includes a prospective buyer.

(c) Cash price. -- "Cash price" means the minimum price for which consumer goods subject to a layaway agreement, or other consumer goods of like kind and quality, may be purchased for cash from the seller by the buyer.

(d) C.O.D. transaction. -- "C.O.D. transaction" means an agreement by which the seller requires the buyer to pay the full cash price of the consumer goods upon delivery or tender of delivery by the seller, less any down payment made by the buyer. A C.O.D. transaction does not include an agreement by which the seller requires the buyer to pay interim payments before delivery or tender of delivery of the consumer goods by the seller.

(e) Consumer goods. -- "Consumer goods" means goods bought for use primarily for personal, family, or household purposes, as distinguished from industrial, commercial, or agricultural purposes.

(f) Down payment. -- "Down payment" means all amounts paid in cash, credits, or the agreed value of goods, by or for a buyer and to or for the benefit of the seller at or before execution of a layaway agreement or C.O.D. transaction.

(g) Layaway agreement. --

(1) "Layaway agreement" means a contract for the retail sale of consumer goods, negotiated or entered into in the State, under which:

(i) Part or all of the layaway price is payable in one or more payments subsequent to the making of the layaway agreement;

(ii) The consumer goods are specific existing consumer goods identified from the seller's stock or inventory at the time of the making of the layaway agreement; and

(iii) The seller retains possession of the consumer goods and bears the risk of their loss or damage until the layaway price is paid in full.

(2) "Layaway agreement" includes a "special order transaction," as defined in this section.

(3) "Layaway agreement" does not include a bona fide C.O.D. transaction.

(4) "Layaway agreement" does not include any form of layaway agreement where the buyer can default without any penalty, other than a maximum service charge of $ 1.

(h) Layaway price. -- "Layaway price" means the cash price of consumer goods together with an optional service charge, not to exceed $ 1 if the price of the consumer goods is $ 500 or less or $ 5 if the price of the consumer goods exceeds $ 500.

(i) Retail sale. -- "Retail sale" means the sale of consumer goods for use or consumption by the buyer or for the benefit or satisfaction which the buyer may derive from the use or consumption of the consumer goods by another, but not for resale by the buyer.

(j) Seller. -- "Seller" means a person who sells or agrees to sell consumer goods under a layaway agreement.

(k) Special order transaction. -- "Special order transaction" means a contract for the retail sale of consumer goods, negotiated or entered into in the State, under which either:

(1) Consumer goods:

(i) Are ordered by the buyer to the buyer's unique specifications;

(ii) Are not carried by the seller, either in the seller's showroom or warehouse;

(iii) Are ordered from a manufacturer or supplier; and

(iv) Are not resalable by the seller at the sale price negotiated with the buyer; or

(2) Consumer goods which have been altered at the request of the buyer so that the goods are no longer salable to the general public.

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Md. Com. L. Code Ann. § 14-1102. Layaway agreement to be in writing and signed
A layaway agreement shall be in writing and contain all of the agreements of the parties and shall be signed by all of the parties to it.

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Md. Com. L. Code Ann. § 14-1102. Layaway agreement to be in writing and signed
A layaway agreement shall be in writing and contain all of the agreements of the parties and shall be signed by all of the parties to it.

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Md. Com. L. Code Ann. § 14-1103. Contents of agreement
(a) In general. -- A layaway agreement shall include:

(1) The full name, place of residence, and post office address of each party to it;

(2) The date when signed by the buyer;

(3) A clear description of the consumer goods sold sufficient to identify them readily;

(4) The cash price of the consumer goods sold;

(5) All charges for delivery, installation, or repair of or other services to the consumer goods which, separate from the cash price, are included in the layaway agreement;

(6) The sum of the cash price in paragraph (4) and the charges for services in paragraph (5);

(7) The amount of the buyer's down payment, together with:

(i) A statement of the respective amounts credited for cash, credits, and the agreed value of any goods traded in; and

(ii) A description of all goods traded sufficient to identify them;

(8) The unpaid balance of the cash price payable by the buyer to the seller, which is paragraph (6) less paragraph (7);

(9) The service charge;

(10) The total of payments owed by the buyer to the seller, which is the sum of paragraphs (8) and (9), the number of installment payments required to pay it, and the amount and time of each payment;

(11) The layaway price, which is the sum of paragraphs (6) and (9); and

(12) A clear and concise statement of all consequences of buyer's default.

(b) Sales subject to federal disclosure provisions. -- Subsection (a) (4) through (12) of this section does not apply to any layaway sale subject to the disclosure provisions of the federal Truth in Lending Act if the seller complies with the applicable disclosure provisions of the federal act and its regulation
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Md. Com. L. Code Ann. § 14-1103. Contents of agreement
(a) In general. -- A layaway agreement shall include:

(1) The full name, place of residence, and post office address of each party to it;

(2) The date when signed by the buyer;

(3) A clear description of the consumer goods sold sufficient to identify them readily;

(4) The cash price of the consumer goods sold;

(5) All charges for delivery, installation, or repair of or other services to the consumer goods which, separate from the cash price, are included in the layaway agreement;

(6) The sum of the cash price in paragraph (4) and the charges for services in paragraph (5);

(7) The amount of the buyer's down payment, together with:

(i) A statement of the respective amounts credited for cash, credits, and the agreed value of any goods traded in; and

(ii) A description of all goods traded sufficient to identify them;

(8) The unpaid balance of the cash price payable by the buyer to the seller, which is paragraph (6) less paragraph (7);

(9) The service charge;

(10) The total of payments owed by the buyer to the seller, which is the sum of paragraphs (8) and (9), the number of installment payments required to pay it, and the amount and time of each payment;

(11) The layaway price, which is the sum of paragraphs (6) and (9); and

(12) A clear and concise statement of all consequences of buyer's default.

(b) Sales subject to federal disclosure provisions. -- Subsection (a) (4) through (12) of this section does not apply to any layaway sale subject to the disclosure provisions of the federal Truth in Lending Act if the seller complies with the applicable disclosure provisions of the federal act and its regulation
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Md. Com. L. Code Ann. § 14-1104. Duties of seller
(a) Signed copy of agreement to buyer. -- At or before the time the buyer signs a layaway agreement, the seller shall give him an exact copy signed by the seller.

(b) Consumer goods to be held for buyer. -- Upon execution of a layaway agreement, the seller shall hold for the buyer or agree to deliver to the buyer on a date mutually acceptable to both parties, the consumer goods or consumer goods that are identical to those originally selected by the buyer, as long as the buyer complies with all of the terms of the layaway agreement.

(c) Cancellation of agreement. --

(1) The seller shall permit the buyer to cancel a layaway agreement, without any penalty or obligation, within 7 calendar days from the date of the layaway agreement.

(2) If the buyer cancels the layaway agreement as provided in paragraph (1) of this subsection, the seller shall:

(i) Refund all payments made under the layaway agreement; and

(ii) Return, in substantially as good condition as when received by the seller, any goods or property traded in.

(d) Receipt; statement of account. --

(1) If a payment is made on account of a layaway agreement, the seller shall give the buyer on his request, or, if payment is made in cash, without request, a complete written receipt for the payment; and

(2) If the buyer requests information on the status of his account, the seller, within 10 days after the request at the place of business where the layaway sale was made, shall give the buyer a written statement setting forth:

(i) The layaway price;

(ii) The total amount paid by the buyer to date; and

(iii) The total amount remaining due to the seller.

(e) Delivery of goods. -- After the buyer has made all payments to the seller in accordance with the layaway agreement, the seller shall deliver to the buyer the consumer goods or consumer goods that are identical to those originally selected by the buyer.

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Md. Com. L. Code Ann. § 14-1104. Duties of seller
(a) Signed copy of agreement to buyer. -- At or before the time the buyer signs a layaway agreement, the seller shall give him an exact copy signed by the seller.

(b) Consumer goods to be held for buyer. -- Upon execution of a layaway agreement, the seller shall hold for the buyer or agree to deliver to the buyer on a date mutually acceptable to both parties, the consumer goods or consumer goods that are identical to those originally selected by the buyer, as long as the buyer complies with all of the terms of the layaway agreement.

(c) Cancellation of agreement. --

(1) The seller shall permit the buyer to cancel a layaway agreement, without any penalty or obligation, within 7 calendar days from the date of the layaway agreement.

(2) If the buyer cancels the layaway agreement as provided in paragraph (1) of this subsection, the seller shall:

(i) Refund all payments made under the layaway agreement; and

(ii) Return, in substantially as good condition as when received by the seller, any goods or property traded in.

(d) Receipt; statement of account. --

(1) If a payment is made on account of a layaway agreement, the seller shall give the buyer on his request, or, if payment is made in cash, without request, a complete written receipt for the payment; and

(2) If the buyer requests information on the status of his account, the seller, within 10 days after the request at the place of business where the layaway sale was made, shall give the buyer a written statement setting forth:

(i) The layaway price;

(ii) The total amount paid by the buyer to date; and

(iii) The total amount remaining due to the seller.

(e) Delivery of goods. -- After the buyer has made all payments to the seller in accordance with the layaway agreement, the seller shall deliver to the buyer the consumer goods or consumer goods that are identical to those originally selected by the buyer.

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Md. Com. L. Code Ann. §14-1105. Increasing or reducing price

(a) Increase. -- The seller may not increase the layaway price of the consumer goods sold under a layaway agreement.

(b) Reduction. -- If, within 10 calendar days after the execution of a layaway agreement, the seller reduces the selling price of existing items in his stock or inventory identical to those being held for a buyer, the seller shall credit the buyer for the difference between the original layaway price and the reduced price.


Md. Com. L. Code Ann. §14-1105. Increasing or reducing price

(a) Increase. -- The seller may not increase the layaway price of the consumer goods sold under a layaway agreement.

(b) Reduction. -- If, within 10 calendar days after the execution of a layaway agreement, the seller reduces the selling price of existing items in his stock or inventory identical to those being held for a buyer, the seller shall credit the buyer for the difference between the original layaway price and the reduced price.


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Md. Com. L. Code Ann. § 14-1106. Default by buyer; cancellation of agreement before default

(a) When buyer is in default. -- The buyer is in default under a layaway agreement whenever 15 days has lapsed from the scheduled date on which the buyer failed to make a required payment.

(b) Remedies of seller upon default. -- If the buyer defaults under paragraph (a) of this section, the seller may immediately cancel the layaway agreement and recover from the buyer liquidated damages under paragraph (c) of this section or § 14-1107 of this subtitle, as applicable.

(c) Liquidated damages upon default. -- If the buyer defaults under a layaway agreement 8 or more calendar days after the date of its execution, the seller may retain as liquidated damages an amount not to exceed 10 percent of the layaway price or the total amount paid by the buyer to the date of default, whichever is less.

(d) Same -- Default under special order transaction. -- Unless otherwise provided in the layaway agreement, paragraph (c) of this section does not apply if the buyer defaults under a special order transaction.

(e) Cancellation before delivery or default. -- Except as provided in § 14-1104(c) of this subtitle, at any time before delivery or tender of delivery, and before default by the buyer, the layaway agreement may be canceled by the buyer. However, the seller may retain from the refund due the buyer liquidated damages in an amount which is the lesser of 10 percent of the layaway price or the total amount paid by the buyer to the date of cancellation.

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Md. Com. L. Code Ann. § 14-1106. Default by buyer; cancellation of agreement before default

(a) When buyer is in default. -- The buyer is in default under a layaway agreement whenever 15 days has lapsed from the scheduled date on which the buyer failed to make a required payment.

(b) Remedies of seller upon default. -- If the buyer defaults under paragraph (a) of this section, the seller may immediately cancel the layaway agreement and recover from the buyer liquidated damages under paragraph (c) of this section or § 14-1107 of this subtitle, as applicable.

(c) Liquidated damages upon default. -- If the buyer defaults under a layaway agreement 8 or more calendar days after the date of its execution, the seller may retain as liquidated damages an amount not to exceed 10 percent of the layaway price or the total amount paid by the buyer to the date of default, whichever is less.

(d) Same -- Default under special order transaction. -- Unless otherwise provided in the layaway agreement, paragraph (c) of this section does not apply if the buyer defaults under a special order transaction.

(e) Cancellation before delivery or default. -- Except as provided in § 14-1104(c) of this subtitle, at any time before delivery or tender of delivery, and before default by the buyer, the layaway agreement may be canceled by the buyer. However, the seller may retain from the refund due the buyer liquidated damages in an amount which is the lesser of 10 percent of the layaway price or the total amount paid by the buyer to the date of cancellation.

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Md. Com. L. Code Ann. §14-1107. Rights and remedies of seller upon default under special order transaction

If the buyer defaults under a special order transaction, the seller may exercise all rights and remedies available at either law or equity, including those rights and remedies as provided in the Uniform Commercial Code, Title 2 "Sales," Subtitle 7 "Remedies," of this article.


Md. Com. L. Code Ann. §14-1107. Rights and remedies of seller upon default under special order transaction

If the buyer defaults under a special order transaction, the seller may exercise all rights and remedies available at either law or equity, including those rights and remedies as provided in the Uniform Commercial Code, Title 2 "Sales," Subtitle 7 "Remedies," of this article.


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Md. Com. L. Code Ann. §14-1108. Retail Installment Sales Act inapplicable
The Retail Installment Sales Act, Title 12, Subtitle 6 of this article, does not apply to any sale of consumer goods regulated by this subtitle.

Md. Com. L. Code Ann. §14-1108. Retail Installment Sales Act inapplicable
The Retail Installment Sales Act, Title 12, Subtitle 6 of this article, does not apply to any sale of consumer goods regulated by this subtitle.

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Md. Com. L. Code Ann. §14-1109. Noncompliance or violations by seller

(a) Remedies of buyer. -- If the seller fails to comply with § 14-1102, § 14-1103, or § 14-1104 of this subtitle, the buyer, before delivery by the seller and acceptance by the buyer of consumer goods purchased under a layaway agreement, may cancel the layaway agreement and receive from the seller a refund of all payments made under the layaway agreement and the return of any goods or property traded in.

(b) Penalty. -- Any seller who makes a layaway sale in violation of this subtitle is liable to the buyer for a penalty amount equal to three times the amount paid by the buyer under the layaway agreement, plus reasonable attorney's fees. Any seller who demonstrates that a violation was nonwillful is not liable for the penalty or attorney's fees. The penalty provided in this subsection is in addition to that provided in subsection (a) of this section.

(c) Proceeding under Title 13. -- If the Division of Consumer Protection, Office of the Attorney General has reason to believe that any seller has violated any provision of this subtitle, the Division may institute a proceeding under Title 13 of this article.


Md. Com. L. Code Ann. §14-1109. Noncompliance or violations by seller

(a) Remedies of buyer. -- If the seller fails to comply with § 14-1102, § 14-1103, or § 14-1104 of this subtitle, the buyer, before delivery by the seller and acceptance by the buyer of consumer goods purchased under a layaway agreement, may cancel the layaway agreement and receive from the seller a refund of all payments made under the layaway agreement and the return of any goods or property traded in.

(b) Penalty. -- Any seller who makes a layaway sale in violation of this subtitle is liable to the buyer for a penalty amount equal to three times the amount paid by the buyer under the layaway agreement, plus reasonable attorney's fees. Any seller who demonstrates that a violation was nonwillful is not liable for the penalty or attorney's fees. The penalty provided in this subsection is in addition to that provided in subsection (a) of this section.

(c) Proceeding under Title 13. -- If the Division of Consumer Protection, Office of the Attorney General has reason to believe that any seller has violated any provision of this subtitle, the Division may institute a proceeding under Title 13 of this article.


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Md. Com. L. Code Ann. §14-1110. Short title

This subtitle may be cited as the Maryland Layaway Sales Act.


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Md. Com. L. Code Ann. §14-1110. Short title

This subtitle may be cited as the Maryland Layaway Sales Act.


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Md. Com. L. Code Ann. § 14-1201. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Commissioner. -- "Commissioner" means the Commissioner of Financial Regulation of the Department of Labor, Licensing, and Regulation.

(c) Consumer. -- "Consumer" means an individual.

(d) Consumer report. --

(1) "Consumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for:

(i) Credit or insurance to be used primarily for personal, family, or household purposes;

(ii) Employment purposes; or

(iii) Other purposes authorized under § 14-1202 of this subtitle.

(2) The term does not include:

(i) Any report containing information solely as to transactions or experiences between the consumer and the person making the report;

(ii) Any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or

(iii) Any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his decision with respect to the request, if the third party advises the consumer of the name and address of the person to whom the request was made and the person makes the disclosures to the consumer required under § 14-1212 of this subtitle.

(e) Consumer reporting agency. --

(1) "Consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of commerce for the purpose of preparing or furnishing consumer reports.

(2) "Consumer reporting agency" does not include:

(i) A person licensed as a private detective agency or certified as a private detective under the Maryland Private Detectives Act; or

(ii) A person who assembles and exchanges consumer credit information with an affiliated person or a person who is owned or controlled by the same entity, provided that, in the event of an adverse credit decision against a consumer based on that information, the entity making the decision shall comply with the notice requirements of § 14-1212 (b) of this subtitle.

(f) Employment purposes. -- "Employment purposes" when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.

(g) File. -- "File", when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.

(h) Investigative consumer report. -- "Investigative consumer report" means a consumer report or portion of it in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any items of information. However, the information does not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when the information was obtained directly from a creditor of the consumer or from the consumer.

(i) Medical information. -- "Medical information" means information or records obtained, with the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hospitals, clinics, or other medical or medically related facilities.

(j) Person. -- "Person" includes an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, and any other legal or commercial entity.

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Md. Com. L. Code Ann. § 14-1201. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Commissioner. -- "Commissioner" means the Commissioner of Financial Regulation of the Department of Labor, Licensing, and Regulation.

(c) Consumer. -- "Consumer" means an individual.

(d) Consumer report. --

(1) "Consumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for:

(i) Credit or insurance to be used primarily for personal, family, or household purposes;

(ii) Employment purposes; or

(iii) Other purposes authorized under § 14-1202 of this subtitle.

(2) The term does not include:

(i) Any report containing information solely as to transactions or experiences between the consumer and the person making the report;

(ii) Any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or

(iii) Any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his decision with respect to the request, if the third party advises the consumer of the name and address of the person to whom the request was made and the person makes the disclosures to the consumer required under § 14-1212 of this subtitle.

(e) Consumer reporting agency. --

(1) "Consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of commerce for the purpose of preparing or furnishing consumer reports.

(2) "Consumer reporting agency" does not include:

(i) A person licensed as a private detective agency or certified as a private detective under the Maryland Private Detectives Act; or

(ii) A person who assembles and exchanges consumer credit information with an affiliated person or a person who is owned or controlled by the same entity, provided that, in the event of an adverse credit decision against a consumer based on that information, the entity making the decision shall comply with the notice requirements of § 14-1212 (b) of this subtitle.

(f) Employment purposes. -- "Employment purposes" when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.

(g) File. -- "File", when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.

(h) Investigative consumer report. -- "Investigative consumer report" means a consumer report or portion of it in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any items of information. However, the information does not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when the information was obtained directly from a creditor of the consumer or from the consumer.

(i) Medical information. -- "Medical information" means information or records obtained, with the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hospitals, clinics, or other medical or medically related facilities.

(j) Person. -- "Person" includes an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, and any other legal or commercial entity.

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Md. Com. L. Code Ann. § 14-1202. Permissible purposes of consumer reports; restrictions on sale or transfer
(a) Permissible purposes. -- Subject to subsection (b) of this section and § 14-1205 of this subtitle, a consumer reporting agency may furnish a consumer report under the following circumstances and no other:

(1) In response to the order of a court having jurisdiction to issue the order;

(2) In accordance with the written instructions of the consumer to whom it relates; or

(3) To a person which the agency has reason to believe:

(i) Intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer;

(ii) Intends to use the information for employment purposes;

(iii) Intends to use the information in connection with the underwriting of insurance involving the consumer;

(iv) Intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or

(v) Otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer.

(b) Restrictions on sale or transfer. -- If the consumer reporting agency receives written notice from the consumer restricting the sale or other transfer of information in the consumer's file, the consumer reporting agency may not sell, offer to sell, or furnish information in the consumer's file to:

(1) A mail-service organization;

(2) A marketing firm; or

(3) Any other similar organization that obtains information about a consumer for marketing purposes.


Md. Com. L. Code Ann. § 14-1202. Permissible purposes of consumer reports; restrictions on sale or transfer
(a) Permissible purposes. -- Subject to subsection (b) of this section and § 14-1205 of this subtitle, a consumer reporting agency may furnish a consumer report under the following circumstances and no other:

(1) In response to the order of a court having jurisdiction to issue the order;

(2) In accordance with the written instructions of the consumer to whom it relates; or

(3) To a person which the agency has reason to believe:

(i) Intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer;

(ii) Intends to use the information for employment purposes;

(iii) Intends to use the information in connection with the underwriting of insurance involving the consumer;

(iv) Intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or

(v) Otherwise has a legitimate business need for the information in connection with a business transaction involving the consumer.

(b) Restrictions on sale or transfer. -- If the consumer reporting agency receives written notice from the consumer restricting the sale or other transfer of information in the consumer's file, the consumer reporting agency may not sell, offer to sell, or furnish information in the consumer's file to:

(1) A mail-service organization;

(2) A marketing firm; or

(3) Any other similar organization that obtains information about a consumer for marketing purposes.


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Md. Com. L. Code Ann. §14-1203. Reporting of obsolete information prohibited
(a) Prohibited items of information. -- Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

(1) Bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate the report by more than 10 years;

(2) Suits and judgments which, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period;

(3) Paid tax liens which, from date of payment, antedate the report by more than seven years;

(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years;

(5) Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years; or

(6) Any other adverse item of information which antedates the report by more than seven years.

(b) Application of subsection (a). -- The provisions of subsection (a) of this section are not applicable in the case of any consumer credit report to be used in connection with:

(1) A credit transaction involving, or which may reasonably be expected to involve, a principal amount of $ 50,000 or more;

(2) The underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of $ 50,000 or more; or

(3) The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal, $ 20,000 or more.

Md. Com. L. Code Ann. §14-1203. Reporting of obsolete information prohibited
(a) Prohibited items of information. -- Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

(1) Bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate the report by more than 10 years;

(2) Suits and judgments which, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period;

(3) Paid tax liens which, from date of payment, antedate the report by more than seven years;

(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years;

(5) Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years; or

(6) Any other adverse item of information which antedates the report by more than seven years.

(b) Application of subsection (a). -- The provisions of subsection (a) of this section are not applicable in the case of any consumer credit report to be used in connection with:

(1) A credit transaction involving, or which may reasonably be expected to involve, a principal amount of $ 50,000 or more;

(2) The underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of $ 50,000 or more; or

(3) The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal, $ 20,000 or more.

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Md. Com. L. Code Ann. §14-1204. Disclosure of investigative consumer reports
(a) Disclosure to consumer that report may be made. -- A person may not procure or cause to be prepared an investigative consumer report on any consumer unless:

(1) It is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and the disclosure:

(i) Is made in a writing mailed, or otherwise delivered, to the consumer, not later than three days after the date on which the report was first requested; and

(ii) Includes a statement informing the consumer of his right to request the additional disclosures provided for under subsection (b) of this section; or

(2) The report is to be used for employment purposes for which the consumer has not specifically applied.

(b) Disclosure of nature and scope of investigation. -- Any person who procures or causes to be prepared an investigative consumer report on any consumer shall make, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection (a) (1) of this section, a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than five days after the date on which the request for the disclosure was received from the consumer or the report was first requested, whichever is the later.

(c) Defense. -- No person may be held liable for any violation of subsection (a) or (b) of this section if he shows by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with subsection (a) or (b) of this section
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Md. Com. L. Code Ann. §14-1204. Disclosure of investigative consumer reports
(a) Disclosure to consumer that report may be made. -- A person may not procure or cause to be prepared an investigative consumer report on any consumer unless:

(1) It is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and the disclosure:

(i) Is made in a writing mailed, or otherwise delivered, to the consumer, not later than three days after the date on which the report was first requested; and

(ii) Includes a statement informing the consumer of his right to request the additional disclosures provided for under subsection (b) of this section; or

(2) The report is to be used for employment purposes for which the consumer has not specifically applied.

(b) Disclosure of nature and scope of investigation. -- Any person who procures or causes to be prepared an investigative consumer report on any consumer shall make, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection (a) (1) of this section, a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than five days after the date on which the request for the disclosure was received from the consumer or the report was first requested, whichever is the later.

(c) Defense. -- No person may be held liable for any violation of subsection (a) or (b) of this section if he shows by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with subsection (a) or (b) of this section
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Md. Com. L. Code Ann. § 14-1205. Compliance procedures; identifying information to governmental agency
(a) Procedures to be maintained by agency. --

(1) A consumer reporting agency shall maintain reasonable procedures designed to avoid violations of § 14-1203 of this subtitle and to limit the furnishing of consumer reports to the purposes listed under § 14-1202 of this subtitle.

(2) The procedures at a minimum shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose.

(3) A consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by the prospective user prior to furnishing the user a consumer report.

(4) No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in § 14-1202 of this subtitle.

(b) Accuracy of information. -- Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

(c) Identifying information to governmental agency. -- Notwithstanding the provisions of § 14-1202 of this subtitle, a consumer reporting agency may furnish identifying information respecting any consumer, limited to his name, address, former addresses, places of employment, or former places of employment, to a governmental agency.


Md. Com. L. Code Ann. § 14-1205. Compliance procedures; identifying information to governmental agency
(a) Procedures to be maintained by agency. --

(1) A consumer reporting agency shall maintain reasonable procedures designed to avoid violations of § 14-1203 of this subtitle and to limit the furnishing of consumer reports to the purposes listed under § 14-1202 of this subtitle.

(2) The procedures at a minimum shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose.

(3) A consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by the prospective user prior to furnishing the user a consumer report.

(4) No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in § 14-1202 of this subtitle.

(b) Accuracy of information. -- Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

(c) Identifying information to governmental agency. -- Notwithstanding the provisions of § 14-1202 of this subtitle, a consumer reporting agency may furnish identifying information respecting any consumer, limited to his name, address, former addresses, places of employment, or former places of employment, to a governmental agency.


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Md. Com. L. Code Ann. §14-1206. Disclosures to consumer required; deletions
(a) Disclosures required. -- A consumer reporting agency shall, upon request and proper identification of a consumer, provide the consumer:

(1) An exact copy of any file on that consumer except any part of the file which contains medical information;

(2) A written explanation of codes or trade language used;

(3) A description of the rights of the consumer under this subtitle; and

(4) The name, address, and telephone number of the Commissioner.

(b) Deletions. -- Whenever access to a file or a copy of a file has been furnished to a consumer, the consumer reporting agency may delete the sources of information acquired solely for use in an investigative report and used for no other purpose. If any action is brought by the consumer under this subtitle, the consumer reporting agency shall make such sources available to the plaintiff under appropriate discovery procedures.

Md. Com. L. Code Ann. §14-1206. Disclosures to consumer required; deletions
(a) Disclosures required. -- A consumer reporting agency shall, upon request and proper identification of a consumer, provide the consumer:

(1) An exact copy of any file on that consumer except any part of the file which contains medical information;

(2) A written explanation of codes or trade language used;

(3) A description of the rights of the consumer under this subtitle; and

(4) The name, address, and telephone number of the Commissioner.

(b) Deletions. -- Whenever access to a file or a copy of a file has been furnished to a consumer, the consumer reporting agency may delete the sources of information acquired solely for use in an investigative report and used for no other purpose. If any action is brought by the consumer under this subtitle, the consumer reporting agency shall make such sources available to the plaintiff under appropriate discovery procedures.

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Md. Com. L. Code Ann. §14-1207. Conditions of disclosure of consumer's file
(a) During normal business hours; notice. -- A consumer reporting agency shall make the disclosures required under § 14-1206 (a) of this subtitle during normal business hours and on reasonable notice.

(b) Method of disclosure. -- The disclosures required under § 14-1206 (a) of this subtitle shall be made to the consumer:

(1) In person if he appears in person and furnishes proper identification;

(2) By telephone if he has made a written request, with proper identification, for telephone disclosure and the toll charge, if any, for the telephone call is prepaid by or charged directly to the consumer; or

(3) In writing if the consumer makes a written request and furnishes proper identification.

(c) Agency to provide personnel for explanations. -- Any consumer reporting agency shall provide trained personnel to explain to the consumer any information furnished to him pursuant to § 14-1206 of this subtitle.

(d) Person accompanying consumer. -- The consumer shall be permitted to be accompanied by one other person of his choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer's file in the person's presence.

(e) Action by consumer against agency, user of information or person furnishing information. -- Except as provided in § 14-1213 of this subtitle, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, based on information disclosed pursuant to this section or § 14-1206 or § 14-1212 of this subtitle, except as to false information furnished with malice or willful intent to injure the consumer. Except as provided in § 14-1213 of this subtitle, no consumer may bring any action or proceeding against a person who furnishes information to a consumer reporting agency in the nature of defamation, invasion of privacy, or negligence for unintentional error.


Md. Com. L. Code Ann. §14-1207. Conditions of disclosure of consumer's file
(a) During normal business hours; notice. -- A consumer reporting agency shall make the disclosures required under § 14-1206 (a) of this subtitle during normal business hours and on reasonable notice.

(b) Method of disclosure. -- The disclosures required under § 14-1206 (a) of this subtitle shall be made to the consumer:

(1) In person if he appears in person and furnishes proper identification;

(2) By telephone if he has made a written request, with proper identification, for telephone disclosure and the toll charge, if any, for the telephone call is prepaid by or charged directly to the consumer; or

(3) In writing if the consumer makes a written request and furnishes proper identification.

(c) Agency to provide personnel for explanations. -- Any consumer reporting agency shall provide trained personnel to explain to the consumer any information furnished to him pursuant to § 14-1206 of this subtitle.

(d) Person accompanying consumer. -- The consumer shall be permitted to be accompanied by one other person of his choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer's file in the person's presence.

(e) Action by consumer against agency, user of information or person furnishing information. -- Except as provided in § 14-1213 of this subtitle, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, based on information disclosed pursuant to this section or § 14-1206 or § 14-1212 of this subtitle, except as to false information furnished with malice or willful intent to injure the consumer. Except as provided in § 14-1213 of this subtitle, no consumer may bring any action or proceeding against a person who furnishes information to a consumer reporting agency in the nature of defamation, invasion of privacy, or negligence for unintentional error.


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Md. Com. L. Code Ann. § 14-1208. Procedure in case of disputed accuracy
(a) Reinvestigation by agency. --

(1) If the completeness or accuracy of any item of information contained in his file is disputed by a consumer, and the dispute is directly conveyed to the consumer reporting agency in writing by the consumer, the consumer reporting agency shall within 30 days reinvestigate and record the current status of that information unless it has reasonable grounds to believe that the dispute by the consumer is frivolous or irrelevant.

(2) If after reinvestigation the information is found to be inaccurate or can no longer be verified, the consumer reporting agency shall within 7 business days delete the information and mail:

(i) Written notice of the correction to the consumer and to each person to whom the erroneous information was furnished; and

(ii) A statement of the rights of the consumer under this subtitle.

(3) If after reinvestigation the information is found to be accurate or is verified, the consumer reporting agency shall within 7 business days mail:

(i) Written notice of the finding to the consumer; and

(ii) A statement of the rights of the consumer under this subtitle.

(4) (i) Within 60 days after receiving the notice under paragraphs (2) and (3) of this subsection, the consumer may request in writing that the consumer reporting agency disclose the name, address, and telephone number of each person contacted during the reinvestigation.

(ii) Within 30 days after receiving the consumer's written request under this paragraph, the consumer reporting agency shall make the requested disclosure.

(5) A person contacted during the reinvestigation who determines that the information was inaccurate shall correct the information in the person's records within 12 business days after the determination occurs.

(6) The presence of contradictory information in the consumer's file does not in and of itself constitute reasonable grounds for believing the dispute is frivolous or irrelevant.

(b) Frivolous or irrelevant disputes. -- If a consumer reporting agency finds that a dispute is frivolous or irrelevant, the agency within 7 business days shall mail:

(1) Written notice of the finding, including the reasons for the finding, to the consumer; and

(2) A statement of the rights of the consumer under this subtitle.

(c) Statement by consumer. --

(1) If the reinvestigation does not resolve the dispute, the consumer may file a brief statement setting forth the nature of the dispute.

(2) The consumer reporting agency may limit statements to not more than 100 words if it provides the consumer with assistance in writing a clear summary of the dispute.

(d) Notation in report that information is disputed. -- Whenever a statement of a dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumer's statement or a clear and accurate codification or summary of it.

(e) Duty of agency following deletion of information. -- Following any deletion of information which is found to be inaccurate or whose accuracy can no longer be verified or any notation as to disputed information, the consumer reporting agency shall, at the request of the consumer, furnish notification that the item has been deleted or the statement, codification or summary pursuant to subsection (c) or (d) of this section to any person specifically designated by the consumer who has within 2 years prior received a consumer report for employment purposes, or within 1 year prior received a consumer report for any other purpose, which contained the deleted or disputed information. The consumer reporting agency shall clearly and conspicuously disclose to the consumer his rights to make such a request. The disclosure shall be made at or prior to the time the information is deleted or the consumer's statement regarding the disputed information is received
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Md. Com. L. Code Ann. § 14-1208. Procedure in case of disputed accuracy
(a) Reinvestigation by agency. --

(1) If the completeness or accuracy of any item of information contained in his file is disputed by a consumer, and the dispute is directly conveyed to the consumer reporting agency in writing by the consumer, the consumer reporting agency shall within 30 days reinvestigate and record the current status of that information unless it has reasonable grounds to believe that the dispute by the consumer is frivolous or irrelevant.

(2) If after reinvestigation the information is found to be inaccurate or can no longer be verified, the consumer reporting agency shall within 7 business days delete the information and mail:

(i) Written notice of the correction to the consumer and to each person to whom the erroneous information was furnished; and

(ii) A statement of the rights of the consumer under this subtitle.

(3) If after reinvestigation the information is found to be accurate or is verified, the consumer reporting agency shall within 7 business days mail:

(i) Written notice of the finding to the consumer; and

(ii) A statement of the rights of the consumer under this subtitle.

(4) (i) Within 60 days after receiving the notice under paragraphs (2) and (3) of this subsection, the consumer may request in writing that the consumer reporting agency disclose the name, address, and telephone number of each person contacted during the reinvestigation.

(ii) Within 30 days after receiving the consumer's written request under this paragraph, the consumer reporting agency shall make the requested disclosure.

(5) A person contacted during the reinvestigation who determines that the information was inaccurate shall correct the information in the person's records within 12 business days after the determination occurs.

(6) The presence of contradictory information in the consumer's file does not in and of itself constitute reasonable grounds for believing the dispute is frivolous or irrelevant.

(b) Frivolous or irrelevant disputes. -- If a consumer reporting agency finds that a dispute is frivolous or irrelevant, the agency within 7 business days shall mail:

(1) Written notice of the finding, including the reasons for the finding, to the consumer; and

(2) A statement of the rights of the consumer under this subtitle.

(c) Statement by consumer. --

(1) If the reinvestigation does not resolve the dispute, the consumer may file a brief statement setting forth the nature of the dispute.

(2) The consumer reporting agency may limit statements to not more than 100 words if it provides the consumer with assistance in writing a clear summary of the dispute.

(d) Notation in report that information is disputed. -- Whenever a statement of a dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumer's statement or a clear and accurate codification or summary of it.

(e) Duty of agency following deletion of information. -- Following any deletion of information which is found to be inaccurate or whose accuracy can no longer be verified or any notation as to disputed information, the consumer reporting agency shall, at the request of the consumer, furnish notification that the item has been deleted or the statement, codification or summary pursuant to subsection (c) or (d) of this section to any person specifically designated by the consumer who has within 2 years prior received a consumer report for employment purposes, or within 1 year prior received a consumer report for any other purpose, which contained the deleted or disputed information. The consumer reporting agency shall clearly and conspicuously disclose to the consumer his rights to make such a request. The disclosure shall be made at or prior to the time the information is deleted or the consumer's statement regarding the disputed information is received
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Md. Com. L. Code Ann. § 14-1209. Fees for disclosures

(a) Prohibited fees. -- Notwithstanding the provisions of subsection (b) of this section, a consumer reporting agency may not impose a fee for:

(1) A consumer report provided under § 14-1206 (a) of this subtitle one time during a 12-month period;

(2) A consumer report or disclosure provided under §§ 14-1206 (a) and 14-1208 (e) of this subtitle if the consumer makes a request for the report within 30 days after receipt by the consumer of a notification under § 14-1212 of this subtitle or notification from a debt collection agency affiliated with a consumer reporting agency stating that the consumer's credit rating may be or has been adversely affected; or

(3) A disclosure made under § 14-1208 (e) of this subtitle to a person designated by the consumer of the deletion from the consumer report of information that is found to be inaccurate or can no longer be verified.

(b) Permitted fees. --

(1) A consumer reporting agency may charge a consumer a reasonable fee:

(i) For a second or subsequent report made during a 12-month period under § 14-1206 (a) of this subtitle, not exceeding $ 5; and

(ii) For furnishing information under § 14-1208 (e) of this subtitle, not exceeding the fee that the consumer reporting agency would impose on each designated recipient for a consumer report.

(2) The consumer reporting agency shall indicate the amount of the fee to the consumer before providing the report or furnishing the information.

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Md. Com. L. Code Ann. § 14-1209. Fees for disclosures

(a) Prohibited fees. -- Notwithstanding the provisions of subsection (b) of this section, a consumer reporting agency may not impose a fee for:

(1) A consumer report provided under § 14-1206 (a) of this subtitle one time during a 12-month period;

(2) A consumer report or disclosure provided under §§ 14-1206 (a) and 14-1208 (e) of this subtitle if the consumer makes a request for the report within 30 days after receipt by the consumer of a notification under § 14-1212 of this subtitle or notification from a debt collection agency affiliated with a consumer reporting agency stating that the consumer's credit rating may be or has been adversely affected; or

(3) A disclosure made under § 14-1208 (e) of this subtitle to a person designated by the consumer of the deletion from the consumer report of information that is found to be inaccurate or can no longer be verified.

(b) Permitted fees. --

(1) A consumer reporting agency may charge a consumer a reasonable fee:

(i) For a second or subsequent report made during a 12-month period under § 14-1206 (a) of this subtitle, not exceeding $ 5; and

(ii) For furnishing information under § 14-1208 (e) of this subtitle, not exceeding the fee that the consumer reporting agency would impose on each designated recipient for a consumer report.

(2) The consumer reporting agency shall indicate the amount of the fee to the consumer before providing the report or furnishing the information.

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Md. Com. L. Code Ann. § 14-1210. Public record information for employment purposes

A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer's ability to obtain employment shall:

(1) At the time public record information is reported to the user of the consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom the information is being reported; or

(2) Maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported.

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Md. Com. L. Code Ann. § 14-1210. Public record information for employment purposes

A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer's ability to obtain employment shall:

(1) At the time public record information is reported to the user of the consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom the information is being reported; or

(2) Maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported.

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Md. Com. L. Code Ann. § 14-1211. Restrictions on subsequent use of adverse information in investigative consumer reports

Whenever a consumer reporting agency prepares an investigative consumer report, any adverse information in the consumer report (other than information which is a matter of public record) may not be included in a subsequent consumer report unless the adverse information has been verified in the process of making the subsequent consumer report or the adverse information was received within the three-month period preceding the date the subsequent report is furnished.


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Md. Com. L. Code Ann. § 14-1211. Restrictions on subsequent use of adverse information in investigative consumer reports

Whenever a consumer reporting agency prepares an investigative consumer report, any adverse information in the consumer report (other than information which is a matter of public record) may not be included in a subsequent consumer report unless the adverse information has been verified in the process of making the subsequent consumer report or the adverse information was received within the three-month period preceding the date the subsequent report is furnished.


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Md. Com. L. Code Ann. § 14-1212. Duty of user of consumer report to notify consumer
(a) When credit, insurance, or employment is denied because of information from agency. -- Whenever credit or insurance for personal, family, or household purposes, or employment involving a consumer is denied or the charge for credit or insurance is increased either wholly or partly because of information contained in a consumer report from a consumer reporting agency, the user of the consumer report shall so advise the consumer against whom the adverse action has been taken and supply the name and address of the consumer reporting agency making the report.

(b) When credit, insurance, or employment is denied because of information from person other than agency. -- Whenever credit for personal, family, or household purposes involving a consumer is denied or the charge for credit is increased either wholly or partly because of information obtained from a person other than a consumer reporting agency bearing upon the consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, the user of the information shall, within a reasonable period of time not to exceed 30 days, upon the consumer's written request for the reasons for the adverse action received within 60 days after learning of the adverse action disclose the nature of the information to the consumer. The user of the information shall clearly and accurately disclose to the consumer his right to make the written request at the time the adverse action is communicated to the consumer.

(c) Defense. -- A person may not be held liable for any violation of this section if he shows by a preponderance of the evidence that at the time of the alleged violation he maintained reasonable procedures to assure compliance with the provisions of subsections (a) and (b) of this section.

Md. Com. L. Code Ann. § 14-1212. Duty of user of consumer report to notify consumer
(a) When credit, insurance, or employment is denied because of information from agency. -- Whenever credit or insurance for personal, family, or household purposes, or employment involving a consumer is denied or the charge for credit or insurance is increased either wholly or partly because of information contained in a consumer report from a consumer reporting agency, the user of the consumer report shall so advise the consumer against whom the adverse action has been taken and supply the name and address of the consumer reporting agency making the report.

(b) When credit, insurance, or employment is denied because of information from person other than agency. -- Whenever credit for personal, family, or household purposes involving a consumer is denied or the charge for credit is increased either wholly or partly because of information obtained from a person other than a consumer reporting agency bearing upon the consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, the user of the information shall, within a reasonable period of time not to exceed 30 days, upon the consumer's written request for the reasons for the adverse action received within 60 days after learning of the adverse action disclose the nature of the information to the consumer. The user of the information shall clearly and accurately disclose to the consumer his right to make the written request at the time the adverse action is communicated to the consumer.

(c) Defense. -- A person may not be held liable for any violation of this section if he shows by a preponderance of the evidence that at the time of the alleged violation he maintained reasonable procedures to assure compliance with the provisions of subsections (a) and (b) of this section.

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Md. Com. L. Code Ann. §14-1213. Civil liability
(a) Willful failure to comply with subtitle. -- Any consumer reporting agency or user of information which willfully fails to comply with any requirement imposed under this subtitle with respect to any consumer is liable to that consumer in an amount equal to the sum of:

(1) Any actual damages sustained by the consumer as a result of the failure;

(2) Such amount of punitive damages as the court may allow; and

(3) In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

(b) Negligent failure to comply with subtitle. -- Any consumer reporting agency or user of information which is negligent in failing to comply with any requirement imposed under this subtitle with respect to any consumer is liable to that consumer in an amount equal to the sum of:

(1) Any actual damages sustained by the consumer as a result of the failure; and

(2) In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

(c) Notice of failure to comply and adjustments made within 30 days. -- A person who furnishes information to a consumer reporting agency or a user of information has no liability under this subtitle for any failure to comply with any requirement imposed under this subtitle with respect to any consumer if, within 30 days after discovering such failure to comply and prior to institution of an action under this subtitle or the receipt of written notice of the failure to comply from the consumer, such person or user notifies the consumer of the failure to comply and makes whatever adjustments are necessary to correct the noncompliance.

(d) Unintentional and good faith failure to comply with subtitle and adjustments made. -- A person who furnishes information to a consumer reporting agency or a user of information has no liability under this subtitle for any failure to comply with any requirement imposed under this subtitle where such person or user:

(1) Unintentionally and in good faith fails to comply with any requirement imposed under this subtitle; and

(2) Makes whatever adjustments are necessary to correct the noncompliance within 30 days after such person or user receives written notice of the failure.

(e) Unintentional failure to comply resulting from bona fide error. -- A person who furnishes information to a consumer reporting agency or a user of information may not be held liable in an action brought under this subtitle for any failure to comply with any requirement imposed under this subtitle if such person or user shows by a preponderance of the evidence that the failure to comply was unintentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

(f) Burden of proof. -- The burden shall be on the person who furnishes information to a consumer reporting agency or user of information to show that the failure to comply with any requirement under this subtitle was unintentional and in good faith.

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Md. Com. L. Code Ann. §14-1213. Civil liability
(a) Willful failure to comply with subtitle. -- Any consumer reporting agency or user of information which willfully fails to comply with any requirement imposed under this subtitle with respect to any consumer is liable to that consumer in an amount equal to the sum of:

(1) Any actual damages sustained by the consumer as a result of the failure;

(2) Such amount of punitive damages as the court may allow; and

(3) In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

(b) Negligent failure to comply with subtitle. -- Any consumer reporting agency or user of information which is negligent in failing to comply with any requirement imposed under this subtitle with respect to any consumer is liable to that consumer in an amount equal to the sum of:

(1) Any actual damages sustained by the consumer as a result of the failure; and

(2) In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

(c) Notice of failure to comply and adjustments made within 30 days. -- A person who furnishes information to a consumer reporting agency or a user of information has no liability under this subtitle for any failure to comply with any requirement imposed under this subtitle with respect to any consumer if, within 30 days after discovering such failure to comply and prior to institution of an action under this subtitle or the receipt of written notice of the failure to comply from the consumer, such person or user notifies the consumer of the failure to comply and makes whatever adjustments are necessary to correct the noncompliance.

(d) Unintentional and good faith failure to comply with subtitle and adjustments made. -- A person who furnishes information to a consumer reporting agency or a user of information has no liability under this subtitle for any failure to comply with any requirement imposed under this subtitle where such person or user:

(1) Unintentionally and in good faith fails to comply with any requirement imposed under this subtitle; and

(2) Makes whatever adjustments are necessary to correct the noncompliance within 30 days after such person or user receives written notice of the failure.

(e) Unintentional failure to comply resulting from bona fide error. -- A person who furnishes information to a consumer reporting agency or a user of information may not be held liable in an action brought under this subtitle for any failure to comply with any requirement imposed under this subtitle if such person or user shows by a preponderance of the evidence that the failure to comply was unintentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

(f) Burden of proof. -- The burden shall be on the person who furnishes information to a consumer reporting agency or user of information to show that the failure to comply with any requirement under this subtitle was unintentional and in good faith.

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Md. Com. L. Code Ann. §14-1214. Limitation of actions
An action to enforce any liability created under this subtitle may be brought within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this subtitle to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this subtitle, the action may be brought at any time within two years after discovery by the individual of the misrepresentation.


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Md. Com. L. Code Ann. §14-1214. Limitation of actions
An action to enforce any liability created under this subtitle may be brought within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required under this subtitle to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this subtitle, the action may be brought at any time within two years after discovery by the individual of the misrepresentation.


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Md. Com. L. Code Ann. §14-1215. Obtaining information under false pretenses
Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined not more than $ 5,000 or imprisoned not more than one year or both.


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Md. Com. L. Code Ann. §14-1215. Obtaining information under false pretenses
Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined not more than $ 5,000 or imprisoned not more than one year or both.


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Md. Com. L. Code Ann. § 14-1216. Unauthorized disclosures by officers or employees
Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency's files to a person not authorized to receive that information shall be fined not more than $ 5,000 or imprisoned not more than one year or both.

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Md. Com. L. Code Ann. § 14-1216. Unauthorized disclosures by officers or employees
Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency's files to a person not authorized to receive that information shall be fined not more than $ 5,000 or imprisoned not more than one year or both.

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Md. Com. L. Code Ann. § 14-1217. Consumer complaints
(a) Filing with Commissioner. -- Any consumer who has reason to believe that this subtitle, or any other law regulating consumer credit reporting, has been violated by any person may file with the Commissioner a complaint setting forth the details of an alleged violation.

(b) Inspection of books, records, etc., by Commissioner. -- After receipt of the complaint, the Commissioner may inspect the pertinent books, records, letters and contracts of any agency, and of any person who has furnished information to the agency relating to the specific written complaint
Md. Com. L. Code Ann. § 14-1217. Consumer complaints
(a) Filing with Commissioner. -- Any consumer who has reason to believe that this subtitle, or any other law regulating consumer credit reporting, has been violated by any person may file with the Commissioner a complaint setting forth the details of an alleged violation.

(b) Inspection of books, records, etc., by Commissioner. -- After receipt of the complaint, the Commissioner may inspect the pertinent books, records, letters and contracts of any agency, and of any person who has furnished information to the agency relating to the specific written complaint

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Md. Com. L. Code Ann. § 14-1218. Enforcement
(a) Powers of Commissioner. -- The Commissioner may:

(1) Hold a hearing on the complaint at a time and place in this State reasonably convenient to the parties involved;

(2) Subpoena witnesses;

(3) Take depositions of witnesses residing without the State, in the manner provided for witnesses in civil actions in courts of record;

(4) Administer oaths;

(5) Issue orders for compliance with this subtitle;

(6) Issue cease and desist orders, if after a hearing the Commissioner finds a pattern and practice of violation of this subtitle; and

(7) If a consumer reporting agency that has violated any law regulating consumer credit reporting fails to comply with a lawful order of the Commissioner, impose a civil penalty of up to $ 100 for each violation from which the violator failed to cease and desist or for which the violator failed to take action ordered by the Commissioner for compliance with the law. In determining the amount of civil penalty to be imposed under this paragraph, the Commissioner shall consider:

(i) The seriousness of the violation;

(ii) The good faith of the violator;

(iii) The violator's history of previous violations;

(iv) The deleterious effect of the violation upon the public and the credit granting industry;

(v) The assets and financial status of the violator; and

(vi) Any other factors relevant to the determination of the financial penalty.

(b) Court enforcement. -- If a person fails to comply with any lawful order of the Commissioner pursuant to this subtitle or if any witness fails to appear and testify to any matter regarding which the witness may be lawfully interrogated, on petition of the Commissioner setting forth the facts, the circuit court of any county shall:

(1) Compel obedience to the requirements of the subpoena or order;

(2) Compel the production of contracts, forms, files, and other evidence; and

(3) Order compliance with any lawful order issued by the Commissioner under the provisions of subsection (a) (5) or subsection (a) (6) of this section.

(c) Contempt. -- If a person fails, refuses, or neglects to comply with the order of the court, the court may punish that person for contempt of court.

(d) Application of Administrative Procedure Act. -- The Administrative Procedure Act, including its provisions for judicial review of a final decision in a contested case, applies to proceedings before the Commissioner pursuant to this subtitle.

(e) Regulations. --

(1) The Commissioner shall adopt regulations necessary to administer the provisions of this subtitle.

(2) The regulations shall include procedures for:

(i) Achieving accuracy in information collected and maintained in consumer files;

(ii) Developing a system to facilitate correction of information in a consumer file at each credit reporting agency on correction at one consumer reporting agency; and

(iii) Periodically distributing to the public a current listing of the names, addresses, and telephone numbers of consumer reporting agencies that maintain information or provide consumer reports on residents of the State.

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Md. Com. L. Code Ann. § 14-1218. Enforcement
(a) Powers of Commissioner. -- The Commissioner may:

(1) Hold a hearing on the complaint at a time and place in this State reasonably convenient to the parties involved;

(2) Subpoena witnesses;

(3) Take depositions of witnesses residing without the State, in the manner provided for witnesses in civil actions in courts of record;

(4) Administer oaths;

(5) Issue orders for compliance with this subtitle;

(6) Issue cease and desist orders, if after a hearing the Commissioner finds a pattern and practice of violation of this subtitle; and

(7) If a consumer reporting agency that has violated any law regulating consumer credit reporting fails to comply with a lawful order of the Commissioner, impose a civil penalty of up to $ 100 for each violation from which the violator failed to cease and desist or for which the violator failed to take action ordered by the Commissioner for compliance with the law. In determining the amount of civil penalty to be imposed under this paragraph, the Commissioner shall consider:

(i) The seriousness of the violation;

(ii) The good faith of the violator;

(iii) The violator's history of previous violations;

(iv) The deleterious effect of the violation upon the public and the credit granting industry;

(v) The assets and financial status of the violator; and

(vi) Any other factors relevant to the determination of the financial penalty.

(b) Court enforcement. -- If a person fails to comply with any lawful order of the Commissioner pursuant to this subtitle or if any witness fails to appear and testify to any matter regarding which the witness may be lawfully interrogated, on petition of the Commissioner setting forth the facts, the circuit court of any county shall:

(1) Compel obedience to the requirements of the subpoena or order;

(2) Compel the production of contracts, forms, files, and other evidence; and

(3) Order compliance with any lawful order issued by the Commissioner under the provisions of subsection (a) (5) or subsection (a) (6) of this section.

(c) Contempt. -- If a person fails, refuses, or neglects to comply with the order of the court, the court may punish that person for contempt of court.

(d) Application of Administrative Procedure Act. -- The Administrative Procedure Act, including its provisions for judicial review of a final decision in a contested case, applies to proceedings before the Commissioner pursuant to this subtitle.

(e) Regulations. --

(1) The Commissioner shall adopt regulations necessary to administer the provisions of this subtitle.

(2) The regulations shall include procedures for:

(i) Achieving accuracy in information collected and maintained in consumer files;

(ii) Developing a system to facilitate correction of information in a consumer file at each credit reporting agency on correction at one consumer reporting agency; and

(iii) Periodically distributing to the public a current listing of the names, addresses, and telephone numbers of consumer reporting agencies that maintain information or provide consumer reports on residents of the State.

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Md. Com. L. Code Ann. §14-12A-01. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Advertising. -- "Advertising" means any oral, written, printed, or graphic statement or representation made in connection with the solicitation or sale of basement waterproofing services.

(c) Basement. -- "Basement" means a subsurface or subterranean portion of a home, dwelling, or other building.

(d) Basement waterproofing. -- "Basement waterproofing" means the use or application of materials or processes for the prevention or control of water leakage or water flow through the basement walls or flooring into the interior portion of a basement.

(e) Engineer's analysis. -- "Engineer's analysis" means a written report, from a professional engineer or architect licensed in this State, containing:

(1) An analysis of soil conditions, water tables or pressure, and other factors or conditions that affect the existence and correction of basement water problems; and

(2) An opinion as to the probability that the process and the particular substances or materials which are to be used in the performance of basement waterproofing services will or will not cure the basement water problem or have a significant waterproofing effect.

(f) Seller. -- "Seller" means a person, or an agent, representative, or employee of a person engaged in the business of basement waterproofing.

(g) Seller's analysis. -- "Seller's analysis" means a written statement, by the seller, of the causes and conditions responsible for the buyer's basement water problem and the specific processes and materials to be used to correct the problem.

(h) Soil injection/pressure pumping. -- "Soil injection/pressure pumping" means a basement waterproofing process in connection with waterproofing services in which:

(1) A substance is injected into the ground adjacent to the basement walls or beneath the basement foundation or floor by pipes or other conduits; or

(2) Substances are poured into shallow trenches adjacent to basement walls for the purpose of protecting or sealing the basement walls, foundation, floors, or exterior soil against water penetration.

(i) Waterproofing technique. -- "Waterproofing technique" means any single process designed to prevent or control water leakage into a house or dwelling, but does not include the combination of two or more processes.

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Md. Com. L. Code Ann. §14-12A-01. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Advertising. -- "Advertising" means any oral, written, printed, or graphic statement or representation made in connection with the solicitation or sale of basement waterproofing services.

(c) Basement. -- "Basement" means a subsurface or subterranean portion of a home, dwelling, or other building.

(d) Basement waterproofing. -- "Basement waterproofing" means the use or application of materials or processes for the prevention or control of water leakage or water flow through the basement walls or flooring into the interior portion of a basement.

(e) Engineer's analysis. -- "Engineer's analysis" means a written report, from a professional engineer or architect licensed in this State, containing:

(1) An analysis of soil conditions, water tables or pressure, and other factors or conditions that affect the existence and correction of basement water problems; and

(2) An opinion as to the probability that the process and the particular substances or materials which are to be used in the performance of basement waterproofing services will or will not cure the basement water problem or have a significant waterproofing effect.

(f) Seller. -- "Seller" means a person, or an agent, representative, or employee of a person engaged in the business of basement waterproofing.

(g) Seller's analysis. -- "Seller's analysis" means a written statement, by the seller, of the causes and conditions responsible for the buyer's basement water problem and the specific processes and materials to be used to correct the problem.

(h) Soil injection/pressure pumping. -- "Soil injection/pressure pumping" means a basement waterproofing process in connection with waterproofing services in which:

(1) A substance is injected into the ground adjacent to the basement walls or beneath the basement foundation or floor by pipes or other conduits; or

(2) Substances are poured into shallow trenches adjacent to basement walls for the purpose of protecting or sealing the basement walls, foundation, floors, or exterior soil against water penetration.

(i) Waterproofing technique. -- "Waterproofing technique" means any single process designed to prevent or control water leakage into a house or dwelling, but does not include the combination of two or more processes.

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Md. Com. L. Code Ann. § 14-12A-02. Unfair or deceptive trade practices

It is an unfair or deceptive trade practice within the meaning of Title 13 of this article for a seller to:

(1) Sell or offer to sell any basement waterproofing service that uses the soil injection/pressure pumping technique either alone or with any other waterproofing technique unless the need for, effectiveness of, and appropriateness of the method is established in a written seller's analysis. The written seller analysis shall be separate from the service contract and verified by a signed engineer's or architect's analysis furnished to the buyer prior to the sale;

(2) Fail to describe separately and conspicuously on the seller's analysis and the service contract the cost of a soil injection/pressure pumping procedure;

(3) Submit a seller's analysis to the buyer that the seller knows or has reason to know is founded on incorrect facts or conclusions;

(4) Misrepresent directly or through an agent the need for, or the effectiveness of the soil injection/pressure pumping technique alone or in conjunction with other waterproofing techniques. This section also applies to misrepresentation by an engineer in connection with the sale of waterproofing services;

(5) Advertise basement waterproofing services using the soil injection/pressure pumping technique without disclosing in the advertisement that an engineer's analysis recommending this process is required as a condition of its use and that the analysis must be furnished to the buyer before a contract is signed. This disclosure shall be in 10 point boldface type; or

(6) Fail to itemize on the service contract the individual cost of each waterproofing technique used.

Md. Com. L. Code Ann. § 14-12A-02. Unfair or deceptive trade practices

It is an unfair or deceptive trade practice within the meaning of Title 13 of this article for a seller to:

(1) Sell or offer to sell any basement waterproofing service that uses the soil injection/pressure pumping technique either alone or with any other waterproofing technique unless the need for, effectiveness of, and appropriateness of the method is established in a written seller's analysis. The written seller analysis shall be separate from the service contract and verified by a signed engineer's or architect's analysis furnished to the buyer prior to the sale;

(2) Fail to describe separately and conspicuously on the seller's analysis and the service contract the cost of a soil injection/pressure pumping procedure;

(3) Submit a seller's analysis to the buyer that the seller knows or has reason to know is founded on incorrect facts or conclusions;

(4) Misrepresent directly or through an agent the need for, or the effectiveness of the soil injection/pressure pumping technique alone or in conjunction with other waterproofing techniques. This section also applies to misrepresentation by an engineer in connection with the sale of waterproofing services;

(5) Advertise basement waterproofing services using the soil injection/pressure pumping technique without disclosing in the advertisement that an engineer's analysis recommending this process is required as a condition of its use and that the analysis must be furnished to the buyer before a contract is signed. This disclosure shall be in 10 point boldface type; or

(6) Fail to itemize on the service contract the individual cost of each waterproofing technique used.

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Md. Com. L. Code Ann. § 14-12A-03. Penalties
Any person who violates any provisions of this subtitle is subject to the penalties provided for in Title 13 of this article.


Md. Com. L. Code Ann. § 14-12A-03. Penalties
Any person who violates any provisions of this subtitle is subject to the penalties provided for in Title 13 of this article.


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Md. Com. L. Code Ann. §14-12A-04. Attorney fees
If a judgment is entered in favor of a complaining party, the court may award attorney fees to the complaining party.


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Md. Com. L. Code Ann. §14-12A-04. Attorney fees
If a judgment is entered in favor of a complaining party, the court may award attorney fees to the complaining party.


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Md. Com. L. Code Ann. § 14-12B-01. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Business day. --

(1) "Business day" means Monday through Friday.

(2) "Business day" includes Saturday if:

(i) The seller of health club services is open to members on Saturday; and

(ii) The health club services contract specifically identifies Saturday as a business day for purposes of the cancellation provisions of this subtitle.

(3) "Business day" does not include legal holidays.

(c) Division. -- "Division" means the Consumer Protection Division of the Office of the Attorney General.

(d) Health club services agreement; health club services. --

(1) "Health club services agreement" means an agreement under which:

(i) The buyer of a health club service purchases, or becomes obligated to purchase, health club services to be rendered over a period longer than 3 months; and

(ii) The seller of a health club services agreement collects more than 3 months' payment in advance; and

(iii) The service to be rendered under the agreement is for personal, family, or household use.

(2) "Health club services" includes health spa, figure salon, weight reduction center, self defense school, or other physical culture service enterprises offering facilities for the preservation, maintenance, encouragement, or development of physical fitness or physical well-being.

(3) "Health club services" does not include agreements for services rendered by:

(i) Any nonprofit public or private school, college, or university;

(ii) The State, or any of its political subdivisions; or

(iii) Any nonprofit religious, ethnic, community, or service organization.

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Md. Com. L. Code Ann. § 14-12B-01. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Business day. --

(1) "Business day" means Monday through Friday.

(2) "Business day" includes Saturday if:

(i) The seller of health club services is open to members on Saturday; and

(ii) The health club services contract specifically identifies Saturday as a business day for purposes of the cancellation provisions of this subtitle.

(3) "Business day" does not include legal holidays.

(c) Division. -- "Division" means the Consumer Protection Division of the Office of the Attorney General.

(d) Health club services agreement; health club services. --

(1) "Health club services agreement" means an agreement under which:

(i) The buyer of a health club service purchases, or becomes obligated to purchase, health club services to be rendered over a period longer than 3 months; and

(ii) The seller of a health club services agreement collects more than 3 months' payment in advance; and

(iii) The service to be rendered under the agreement is for personal, family, or household use.

(2) "Health club services" includes health spa, figure salon, weight reduction center, self defense school, or other physical culture service enterprises offering facilities for the preservation, maintenance, encouragement, or development of physical fitness or physical well-being.

(3) "Health club services" does not include agreements for services rendered by:

(i) Any nonprofit public or private school, college, or university;

(ii) The State, or any of its political subdivisions; or

(iii) Any nonprofit religious, ethnic, community, or service organization.

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Md. Com. L. Code Ann. §14-12B-02. Registration requirements; surety of seller of health club services agreement
(a) Registration requirements. -- Each person who sells health club services in this State shall register with the Division on forms the Division provides. The person shall furnish the full name and address of each business location where health club services are sold as well as any other registration information the Division deems appropriate.

(b) Registration and renewal fees. --

(1) Each person who registers under this subtitle shall pay a registration fee at the time of registration.

(2) On September 1 of each year following the initial registration, each registered person shall pay a renewal fee to the Division.

(3) The fees for registration and renewal required under this subsection shall be set by the Division:

(i) In an amount not exceeding $ 1,200 for a person who is required to purchase a surety bond or file an irrevocable letter of credit or cash under subsection (e) of this section;

(ii) In an amount not exceeding $ 300 for a person who:

1. Is exempt from the requirement to purchase a surety bond or file an irrevocable letter of credit or cash under subsection (e) of this section; and

2. Does not meet the requirements of item (iii) of this paragraph; and

(iii) In an amount not exceeding $ 75 for a person who:

1. Is exempt from the requirement to purchase a surety bond or file an irrevocable letter of credit or cash under subsection (e) of this section;

2. Does not charge an initiation fee or other fee that is not identified as a payment for specified future services;

3. Does not contractually obligate a buyer of health club services to pay in advance of the date the services are provided to the buyer; and

4. Does not collect from a buyer of health club services any payment in advance of the date the services are provided to the buyer.

(4) The fees collected under this subsection may only be used for the administration and enforcement of this subtitle.

(c) Resident agent. -- At least one member of the board of directors of each seller of health club services in this State shall be a resident of a county where a club of the seller is located and shall serve as a resident agent for receipt of service of process.

(d) Compliance procedure. -- The Division may bring an action for mandamus against a health club to require the club to register or to have and maintain the surety required by this section.

(e) Surety bond requirement; alternative. --

(1) (i) Subject to the provisions of paragraph (3) of this subsection, a person who sells health club services agreements shall purchase a surety bond in an amount not less than the aggregate value of outstanding liabilities to members, including all prepaid fees, membership fees, dues, deposits, initiation fees, and fees for health club services. For the purposes of this section, "liabilities" means the moneys actually received in advance from the members less the prorated value of services rendered by the health club facility. In the case of a lifetime contract, the liabilities shall be calculated on a prorated basis for not more than 36 months.

(ii) The amount of the bond shall be based upon a report prepared by an independent certified public accountant describing the health club's outstanding liabilities to the members using accepted standard accounting principles. In this section "outstanding liabilities" includes all amounts that would be required to be refunded to members if the health club facility ceases operations.

(iii) The report shall be submitted at the time of initial registration and updated at each renewal under subsection (b) of this section.

(2) (i) The amount of the bond shall be increased, or may be decreased, as necessary to take into account changes in the health club facility's outstanding liabilities to members in the following cases, whichever comes first:

1. When the health club facility's outstanding liabilities to members increase or decrease by $ 10,000; or

2. On a quarterly basis.

(ii) If a registrant's outstanding liabilities to the members exceed the amount of the bond, and the registrant has failed to increase the bond, then the registrant shall immediately stop selling health club services agreements and shall refrain from selling health club services agreements until the requirements of this subsection have been satisfied.

(3) (i) An irrevocable letter of credit in a form acceptable to the Division, or cash, may be filed with the Division instead of a surety bond.

(ii) Notwithstanding any other provision of this subtitle, a seller of health club services agreements does not have to file or maintain a bond, letter of credit, or cash in excess of $ 200,000 per health club services facility. The bonding requirement of this subsection applies to each location at which health club services are sold in any case where a person operates or plans to operate more than one facility within the State.

(f) Claims and actions by buyer of health club services. --

(1) A buyer of health club services who suffers or sustains any loss or damage by reason of the closing of a facility or bankruptcy by the seller of the health club services agreement shall file a claim with the surety and, if the claim is not paid, may bring an action based on the bond and recover against the surety. In the case of a letter of credit or cash deposit that has been filed with the Division, the buyer may file a claim with the Division.

(2) Any claim under paragraph (1) of this subsection shall be filed no later than 1 year from the date on which the facility closed or bankruptcy was filed. The Division shall notify each known buyer described in paragraph (1) of this subsection about the procedure for filing a claim, unless the seller of the health club services agreements has provided sufficient notice to each known buyer.

(3) The Division may file a claim with the surety on behalf of any buyer in paragraph (1) of this subsection. The surety shall pay the amount of the claims to the Division for distribution to claimants entitled to restitution and shall be relieved of liability to that extent.

(4) The liability of the surety under any bond may not exceed the aggregate amount of the bond, regardless of the number or amount of claims filed.

(5) If the claims filed should exceed the amount of the bond, the surety shall pay the amount of the bond to the Division for distribution to claimants entitled to restitution and shall be relieved of all liability under the bond.

(6) The Division may obtain reimbursement for postage and other reasonable nonsalary expenses incurred in notifying buyers and distributing claims by:

(i) Filing a priority claim for the expenses against the surety bond posted by the seller; or

(ii) Applying to the expenses on a priority basis the proceeds of the letter of credit or cash deposit posted by the seller with the Division.

(7) For any claim under paragraph (1), (3), or (5) of this subsection, the Division may not pay a claim of a buyer that is less than $ 5.

(8) The provisions of this subsection do not apply where the buyer's membership agreement provides for the transfer of membership privileges to a comparable new or existing facility within a reasonable distance of the closed facility.

(g) Record of bond; inspection by Division; records. --

(1) Any person or business bonded under this section shall maintain accurate records of the bond and of premium payments on it. These records shall be open to inspection by the Division at any time during normal business hours.

(2) Any person who sells health club services agreements shall maintain accurate records, updated as necessary, of the name, address, contract terms, and payments of each buyer of health club services. These records shall be open to inspection by the Division, upon reasonable notice, at any time during normal business hours.

(3) In addition to any remedies otherwise available, the Division, after notice and a show cause hearing, may revoke the registration of any person who fails to maintain or produce the records described in paragraphs (1) and (2) of this subsection.

(h) Registration and surety bond of persons selling health club services. --

(1) Each person who sells health club services to be offered at a planned facility or a facility under construction shall:

(i) Register under subsection (a) of this section before conducting any sales activities; and

(ii) Maintain a surety bond in an amount not less than $ 50,000 until the value of obligations to consumers exceeds that amount.

(2) Until the time a person opens a health club services facility, the amount of the bond shall be increased as necessary to take into account increases in the person's outstanding liabilities to the members with a final adjustment to be made at the time of opening.

(3) Upon opening the facility, the person is subject to the provisions of subsections (a) through (e) of this section.

(i) Certain fees deemed payment for services. -- For purposes of subsections (e) and (f) of this section, any initiation fee, or other fee, that exceeds $ 200 and that is not identified as a payment for specific future services will be deemed to be a payment for services to be delivered during the initial 2 years of the buyer's membership term.

(j) Availability of information to public. -- Any information received by the Division in the course of administering the registration program under this subtitle shall be made available to the public subject to the provisions of the Maryland Public Information Act
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Md. Com. L. Code Ann. §14-12B-02. Registration requirements; surety of seller of health club services agreement
(a) Registration requirements. -- Each person who sells health club services in this State shall register with the Division on forms the Division provides. The person shall furnish the full name and address of each business location where health club services are sold as well as any other registration information the Division deems appropriate.

(b) Registration and renewal fees. --

(1) Each person who registers under this subtitle shall pay a registration fee at the time of registration.

(2) On September 1 of each year following the initial registration, each registered person shall pay a renewal fee to the Division.

(3) The fees for registration and renewal required under this subsection shall be set by the Division:

(i) In an amount not exceeding $ 1,200 for a person who is required to purchase a surety bond or file an irrevocable letter of credit or cash under subsection (e) of this section;

(ii) In an amount not exceeding $ 300 for a person who:

1. Is exempt from the requirement to purchase a surety bond or file an irrevocable letter of credit or cash under subsection (e) of this section; and

2. Does not meet the requirements of item (iii) of this paragraph; and

(iii) In an amount not exceeding $ 75 for a person who:

1. Is exempt from the requirement to purchase a surety bond or file an irrevocable letter of credit or cash under subsection (e) of this section;

2. Does not charge an initiation fee or other fee that is not identified as a payment for specified future services;

3. Does not contractually obligate a buyer of health club services to pay in advance of the date the services are provided to the buyer; and

4. Does not collect from a buyer of health club services any payment in advance of the date the services are provided to the buyer.

(4) The fees collected under this subsection may only be used for the administration and enforcement of this subtitle.

(c) Resident agent. -- At least one member of the board of directors of each seller of health club services in this State shall be a resident of a county where a club of the seller is located and shall serve as a resident agent for receipt of service of process.

(d) Compliance procedure. -- The Division may bring an action for mandamus against a health club to require the club to register or to have and maintain the surety required by this section.

(e) Surety bond requirement; alternative. --

(1) (i) Subject to the provisions of paragraph (3) of this subsection, a person who sells health club services agreements shall purchase a surety bond in an amount not less than the aggregate value of outstanding liabilities to members, including all prepaid fees, membership fees, dues, deposits, initiation fees, and fees for health club services. For the purposes of this section, "liabilities" means the moneys actually received in advance from the members less the prorated value of services rendered by the health club facility. In the case of a lifetime contract, the liabilities shall be calculated on a prorated basis for not more than 36 months.

(ii) The amount of the bond shall be based upon a report prepared by an independent certified public accountant describing the health club's outstanding liabilities to the members using accepted standard accounting principles. In this section "outstanding liabilities" includes all amounts that would be required to be refunded to members if the health club facility ceases operations.

(iii) The report shall be submitted at the time of initial registration and updated at each renewal under subsection (b) of this section.

(2) (i) The amount of the bond shall be increased, or may be decreased, as necessary to take into account changes in the health club facility's outstanding liabilities to members in the following cases, whichever comes first:

1. When the health club facility's outstanding liabilities to members increase or decrease by $ 10,000; or

2. On a quarterly basis.

(ii) If a registrant's outstanding liabilities to the members exceed the amount of the bond, and the registrant has failed to increase the bond, then the registrant shall immediately stop selling health club services agreements and shall refrain from selling health club services agreements until the requirements of this subsection have been satisfied.

(3) (i) An irrevocable letter of credit in a form acceptable to the Division, or cash, may be filed with the Division instead of a surety bond.

(ii) Notwithstanding any other provision of this subtitle, a seller of health club services agreements does not have to file or maintain a bond, letter of credit, or cash in excess of $ 200,000 per health club services facility. The bonding requirement of this subsection applies to each location at which health club services are sold in any case where a person operates or plans to operate more than one facility within the State.

(f) Claims and actions by buyer of health club services. --

(1) A buyer of health club services who suffers or sustains any loss or damage by reason of the closing of a facility or bankruptcy by the seller of the health club services agreement shall file a claim with the surety and, if the claim is not paid, may bring an action based on the bond and recover against the surety. In the case of a letter of credit or cash deposit that has been filed with the Division, the buyer may file a claim with the Division.

(2) Any claim under paragraph (1) of this subsection shall be filed no later than 1 year from the date on which the facility closed or bankruptcy was filed. The Division shall notify each known buyer described in paragraph (1) of this subsection about the procedure for filing a claim, unless the seller of the health club services agreements has provided sufficient notice to each known buyer.

(3) The Division may file a claim with the surety on behalf of any buyer in paragraph (1) of this subsection. The surety shall pay the amount of the claims to the Division for distribution to claimants entitled to restitution and shall be relieved of liability to that extent.

(4) The liability of the surety under any bond may not exceed the aggregate amount of the bond, regardless of the number or amount of claims filed.

(5) If the claims filed should exceed the amount of the bond, the surety shall pay the amount of the bond to the Division for distribution to claimants entitled to restitution and shall be relieved of all liability under the bond.

(6) The Division may obtain reimbursement for postage and other reasonable nonsalary expenses incurred in notifying buyers and distributing claims by:

(i) Filing a priority claim for the expenses against the surety bond posted by the seller; or

(ii) Applying to the expenses on a priority basis the proceeds of the letter of credit or cash deposit posted by the seller with the Division.

(7) For any claim under paragraph (1), (3), or (5) of this subsection, the Division may not pay a claim of a buyer that is less than $ 5.

(8) The provisions of this subsection do not apply where the buyer's membership agreement provides for the transfer of membership privileges to a comparable new or existing facility within a reasonable distance of the closed facility.

(g) Record of bond; inspection by Division; records. --

(1) Any person or business bonded under this section shall maintain accurate records of the bond and of premium payments on it. These records shall be open to inspection by the Division at any time during normal business hours.

(2) Any person who sells health club services agreements shall maintain accurate records, updated as necessary, of the name, address, contract terms, and payments of each buyer of health club services. These records shall be open to inspection by the Division, upon reasonable notice, at any time during normal business hours.

(3) In addition to any remedies otherwise available, the Division, after notice and a show cause hearing, may revoke the registration of any person who fails to maintain or produce the records described in paragraphs (1) and (2) of this subsection.

(h) Registration and surety bond of persons selling health club services. --

(1) Each person who sells health club services to be offered at a planned facility or a facility under construction shall:

(i) Register under subsection (a) of this section before conducting any sales activities; and

(ii) Maintain a surety bond in an amount not less than $ 50,000 until the value of obligations to consumers exceeds that amount.

(2) Until the time a person opens a health club services facility, the amount of the bond shall be increased as necessary to take into account increases in the person's outstanding liabilities to the members with a final adjustment to be made at the time of opening.

(3) Upon opening the facility, the person is subject to the provisions of subsections (a) through (e) of this section.

(i) Certain fees deemed payment for services. -- For purposes of subsections (e) and (f) of this section, any initiation fee, or other fee, that exceeds $ 200 and that is not identified as a payment for specific future services will be deemed to be a payment for services to be delivered during the initial 2 years of the buyer's membership term.

(j) Availability of information to public. -- Any information received by the Division in the course of administering the registration program under this subtitle shall be made available to the public subject to the provisions of the Maryland Public Information Act
.

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Md. Com. L. Code Ann. § 14-12B-03. Health Club Administration Fund
(a) Established; purpose. -- There is a Health Club Administration Fund which is established for the purpose of paying the expenses incurred in the administration and enforcement of the Health Club Services Act.

(b) Administration. -- The Fund shall be administered by the Division.


Md. Com. L. Code Ann. § 14-12B-03. Health Club Administration Fund
(a) Established; purpose. -- There is a Health Club Administration Fund which is established for the purpose of paying the expenses incurred in the administration and enforcement of the Health Club Services Act.

(b) Administration. -- The Fund shall be administered by the Division.


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Md. Com. L. Code Ann. §14-12B-04. Disability of buyer; closed health club facility

(a) Disability of buyer. -- If a buyer described in § 14-12B-01(d)(1)(i) of this subtitle becomes disabled during the membership term, the buyer is entitled to extend the membership contract for a period equal to the duration of the disability.

(b) Confirmation of disability. -- The provisions of subsection (a) of this section do not apply unless the disability is confirmed by a physician and is for a period longer than 3 months.

(c) Closed health club facility. -- If a health club facility at which a buyer of health club services is provided with those services is closed for a period longer than 1 month through no fault of the buyer, the buyer is entitled to:

(1) Extend the membership contract for a period equal to the period during which the facility is closed; or

(2) A prorated refund of the amount paid by the buyer under the contract.

(d) Remedy choices. --

(1) If the health club facility is closed through no fault of the seller, the choice of remedy described in subsection (c) of this section shall be made by the seller.

(2) If the health club facility is closed through the fault of the seller, the choice of a remedy described in subsection (c) of this section shall be made by the buyer.

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Md. Com. L. Code Ann. §14-12B-04. Disability of buyer; closed health club facility

(a) Disability of buyer. -- If a buyer described in § 14-12B-01(d)(1)(i) of this subtitle becomes disabled during the membership term, the buyer is entitled to extend the membership contract for a period equal to the duration of the disability.

(b) Confirmation of disability. -- The provisions of subsection (a) of this section do not apply unless the disability is confirmed by a physician and is for a period longer than 3 months.

(c) Closed health club facility. -- If a health club facility at which a buyer of health club services is provided with those services is closed for a period longer than 1 month through no fault of the buyer, the buyer is entitled to:

(1) Extend the membership contract for a period equal to the period during which the facility is closed; or

(2) A prorated refund of the amount paid by the buyer under the contract.

(d) Remedy choices. --

(1) If the health club facility is closed through no fault of the seller, the choice of remedy described in subsection (c) of this section shall be made by the seller.

(2) If the health club facility is closed through the fault of the seller, the choice of a remedy described in subsection (c) of this section shall be made by the buyer.

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Md. Com. L. Code Ann. § 14-12B-05. Cancellation right where facility fails to open for business by date specified
(a) Permitted. -- If a health club facility is not in existence on the date the health club services agreement is executed:

(1) The buyer may cancel the contract in the event the facility is not open for business on the date as provided by the agreement; and

(2) The buyer may cancel the contract within 3 business days after the opening of the facility, or after receiving notice of the opening of the facility, whichever comes later, in the event the services or facilities are not available substantially as described in the agreement.

(b) Refunds. -- If the buyer cancels under this section, the health club facility shall refund any deposit, down payment, or payment on the agreement including any initiation, deposit, membership, or other fees.

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Md. Com. L. Code Ann. § 14-12B-05. Cancellation right where facility fails to open for business by date specified
(a) Permitted. -- If a health club facility is not in existence on the date the health club services agreement is executed:

(1) The buyer may cancel the contract in the event the facility is not open for business on the date as provided by the agreement; and

(2) The buyer may cancel the contract within 3 business days after the opening of the facility, or after receiving notice of the opening of the facility, whichever comes later, in the event the services or facilities are not available substantially as described in the agreement.

(b) Refunds. -- If the buyer cancels under this section, the health club facility shall refund any deposit, down payment, or payment on the agreement including any initiation, deposit, membership, or other fees.

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Md. Com. L. Code Ann. §14-12B-06. Automatic renewal clauses; consumer rights; cancellation of agreement; sign characterizing fees and payments

(a) Automatic renewal clauses. -- A health club services agreement may not contain an automatic renewal clause, unless the agreement provides for a renewal option for continued membership which must be accepted by the buyer.

(b) Cancellation of agreement. --

(1) A buyer described in § 14-12B-01 (d)(1)(i) of this subtitle may cancel a health club services agreement within 3 business days after receipt of a copy of the agreement by notifying the health club in writing. Written notification shall be delivered in person or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, and if mailed shall be postmarked by midnight of the third business day.

(2) If the buyer cancels within 3 business days, the health club facility shall refund any deposit, down payment, or payment on the agreement including any initiation, deposit, membership, or other fees.

(3) Each contract for health club services shall conspicuously disclose under the heading "Notice of Consumer Rights":

(i) The seller's health club registration number with the Division;

(ii) A description of whether the seller is bonded and the amount of the bond or, if not bonded, an explanation of the basis for the seller's exemption from the bonding requirements;

(iii) The buyer's right to cancel as defined in this section;

(iv) The buyer's rights in the event of a disability or temporary closing under § 14-12B-04 of this subtitle; and

(v) For those persons who register in accordance with § 14-12B-02 (b) (3) (iii) of this subtitle, a statement that the facility does not:

1. Charge an initiation fee or other fee that is not identified as a payment for specific future services;

2. Contractually obligate a buyer of health club services to pay in advance of the date the services are provided to the buyer; or

3. Collect from a buyer of health club services any payment in advance of the date the services are provided to the buyer.

(4) Each contract for the sale of health club services shall contain in a form acceptable to the Division:

(i) A clear and conspicuous itemized description of any fees and charges; and

(ii) If the facility is not in operation, the expected date of opening and a description of the specific services and facilities that will be available upon opening.

(c) Sign characterizing fees and payments. -- A person who registers in accordance with § 14-12B-02 (b)(3)(iii) of this subtitle shall post in a clear and conspicuous manner a sign in a prominent location in each health club facility that the person opens or operates that states that the facility does not:

(1) Charge an initiation fee or other fee that is not identified as a payment for specific future services;

(2) Contractually obligate a buyer of health club services to pay in advance of the date the services are provided to the buyer; or

(3) Collect from a buyer of health club services any payment in advance of the date the services are provided to the buyer.


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Md. Com. L. Code Ann. §14-12B-06. Automatic renewal clauses; consumer rights; cancellation of agreement; sign characterizing fees and payments

(a) Automatic renewal clauses. -- A health club services agreement may not contain an automatic renewal clause, unless the agreement provides for a renewal option for continued membership which must be accepted by the buyer.

(b) Cancellation of agreement. --

(1) A buyer described in § 14-12B-01 (d)(1)(i) of this subtitle may cancel a health club services agreement within 3 business days after receipt of a copy of the agreement by notifying the health club in writing. Written notification shall be delivered in person or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, and if mailed shall be postmarked by midnight of the third business day.

(2) If the buyer cancels within 3 business days, the health club facility shall refund any deposit, down payment, or payment on the agreement including any initiation, deposit, membership, or other fees.

(3) Each contract for health club services shall conspicuously disclose under the heading "Notice of Consumer Rights":

(i) The seller's health club registration number with the Division;

(ii) A description of whether the seller is bonded and the amount of the bond or, if not bonded, an explanation of the basis for the seller's exemption from the bonding requirements;

(iii) The buyer's right to cancel as defined in this section;

(iv) The buyer's rights in the event of a disability or temporary closing under § 14-12B-04 of this subtitle; and

(v) For those persons who register in accordance with § 14-12B-02 (b) (3) (iii) of this subtitle, a statement that the facility does not:

1. Charge an initiation fee or other fee that is not identified as a payment for specific future services;

2. Contractually obligate a buyer of health club services to pay in advance of the date the services are provided to the buyer; or

3. Collect from a buyer of health club services any payment in advance of the date the services are provided to the buyer.

(4) Each contract for the sale of health club services shall contain in a form acceptable to the Division:

(i) A clear and conspicuous itemized description of any fees and charges; and

(ii) If the facility is not in operation, the expected date of opening and a description of the specific services and facilities that will be available upon opening.

(c) Sign characterizing fees and payments. -- A person who registers in accordance with § 14-12B-02 (b)(3)(iii) of this subtitle shall post in a clear and conspicuous manner a sign in a prominent location in each health club facility that the person opens or operates that states that the facility does not:

(1) Charge an initiation fee or other fee that is not identified as a payment for specific future services;

(2) Contractually obligate a buyer of health club services to pay in advance of the date the services are provided to the buyer; or

(3) Collect from a buyer of health club services any payment in advance of the date the services are provided to the buyer.


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Md. Com. L. Code Ann. § 14-12B-07. Information required by seller upon permanent closing of facility or bankruptcy
On the permanent closing of a facility or bankruptcy by the seller, the seller of the health club services shall provide the following information to the Division within 15 business days:

(1) A list of the names and addresses of all members of the health club;

(2) The original or a copy of all membership agreements; and

(3) A record of all payments received under the membership agreements.

Md. Com. L. Code Ann. § 14-12B-07. Information required by seller upon permanent closing of facility or bankruptcy
On the permanent closing of a facility or bankruptcy by the seller, the seller of the health club services shall provide the following information to the Division within 15 business days:

(1) A list of the names and addresses of all members of the health club;

(2) The original or a copy of all membership agreements; and

(3) A record of all payments received under the membership agreements.

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Md. Com. L. Code Ann. § 14-12B-08. Cease and desist orders; violations deemed unfair or deceptive trade practices
(a) Cease and desist orders; hearings. -- In addition to any remedies otherwise available, if the Division determines that a person is selling health club services agreements in violation of § 14-12B-02(e) of this subtitle, the Division may issue a cease and desist order without conducting a hearing under § 13-403 of this article. A cease and desist order shall grant the respondent an opportunity to request a hearing under § 13-403 of this article, and the hearing shall be held no later than 7 days after the request. If no request is made, any order entered under this section shall be final 30 days after entry.

(b) Sales violating provisions deemed unfair or deceptive trade practice. -- Each sale of a health club services agreement that violates any provision of this subtitle, or a violation of § 14-12B-07 of this subtitle, is an unfair or deceptive trade practice under Title 13 of this article.


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Md. Com. L. Code Ann. § 14-12B-08. Cease and desist orders; violations deemed unfair or deceptive trade practices
(a) Cease and desist orders; hearings. -- In addition to any remedies otherwise available, if the Division determines that a person is selling health club services agreements in violation of § 14-12B-02(e) of this subtitle, the Division may issue a cease and desist order without conducting a hearing under § 13-403 of this article. A cease and desist order shall grant the respondent an opportunity to request a hearing under § 13-403 of this article, and the hearing shall be held no later than 7 days after the request. If no request is made, any order entered under this section shall be final 30 days after entry.

(b) Sales violating provisions deemed unfair or deceptive trade practice. -- Each sale of a health club services agreement that violates any provision of this subtitle, or a violation of § 14-12B-07 of this subtitle, is an unfair or deceptive trade practice under Title 13 of this article.


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Md. Com. L. Code Ann. §14-1301. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Merchandise. -- "Merchandise" means any commodity, object, wares, or goods.

(c) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(d) Sale. -- "Sale" includes any:

(1) Sale of or offer or attempt to sell merchandise for cash or credit; or

(2) Service or offer for service which relates to any person, building, or equipment.

(e) Service. -- "Service" means any:

(1) Building repair or improvement service;

(2) Subprofessional service;

(3) Repair of a motor vehicle, home appliance, or other similar commodity; and

(4) Repair, installation, or other servicing of any plumbing, heating, electrical, or mechanical device.

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Md. Com. L. Code Ann. §14-1301. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Merchandise. -- "Merchandise" means any commodity, object, wares, or goods.

(c) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(d) Sale. -- "Sale" includes any:

(1) Sale of or offer or attempt to sell merchandise for cash or credit; or

(2) Service or offer for service which relates to any person, building, or equipment.

(e) Service. -- "Service" means any:

(1) Building repair or improvement service;

(2) Subprofessional service;

(3) Repair of a motor vehicle, home appliance, or other similar commodity; and

(4) Repair, installation, or other servicing of any plumbing, heating, electrical, or mechanical device.

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Md. Com. L. Code Ann. § 14-1302. Preservation of consumers' claims and defenses in consumer credit contracts

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Person" means an individual, corporation, or any other business organization.

(3) "Consumer" means a natural person who seeks or acquires goods or services for personal, family, or household use.

(4) "Creditor" means a person who, in the ordinary course of business, lends purchase money or finances the sale of goods or services to consumers on a deferred payment basis if that person is not acting, for the purposes of a particular transaction, in the capacity of a credit card issuer.

(5) "Purchase money loan" means a cash advance which is received by a consumer in return for a "finance charge" within the meaning of the Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a purchase of goods or services from a seller who (i) refers consumers to the creditor or (ii) is affiliated with the creditor by common control, contract, or business arrangement.

(6) "Financing a sale" means extending credit to a consumer in connection with a "credit sale" within the meaning of the Truth in Lending Act and Regulation Z.

(7) "Contract" means any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for cooperative or concerted activity in connection with the sale of goods or services to consumers or the financing thereof.

(8) "Business arrangement" means any understanding, procedure, course of dealing, or arrangement, formal or informal, between a creditor and a seller, in connection with the sale of goods or services to consumers or the financing thereof.

(9) "Credit card issuer" means a person who extends to cardholders the right to use a credit card in connection with purchases of goods or services.

(10) "Consumer credit contract" means any instrument which evidences or embodies a debt arising from a "purchase money loan" transaction or a "financed sale" as defined in paragraphs (5) and (6) of this subsection.

(11) "Seller" means a person who, in the ordinary course of business, sells goods or services to consumers.

(12) "Amounts paid by the debtor" shall include all amounts paid by the debtor and any remaining amount due under the contract.

(b) Unfair or deceptive trade practices. -- In connection with any sale or lease in this State of goods or services to consumers, it is an unfair or deceptive trade practice within the meaning of Title 13 of this article for a seller, directly or indirectly, to:

(1) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, boldface type:

NOTICE


Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

Or,

(2) Accept, as full or partial payment for such sale, the proceeds of any purchase money loan, unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, boldface type:

NOTICE


Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

(c) Application of section. -- The provisions of this section do not apply where the seller:

(1) Does not require a consumer credit contract which is a negotiable instrument or which contains any provision pursuant to which the consumer agrees to limit or waive claims or defenses which he may have against the seller as to any holder of the consumer credit contract; and

(2) Does not transfer, sell, pledge or assign a consumer credit contract except under conditions where any transferee is subject to all claims and defenses which the consumer has against the seller to the same extent as provided in this section.

Md. Com. L. Code Ann. § 14-1302. Preservation of consumers' claims and defenses in consumer credit contracts

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Person" means an individual, corporation, or any other business organization.

(3) "Consumer" means a natural person who seeks or acquires goods or services for personal, family, or household use.

(4) "Creditor" means a person who, in the ordinary course of business, lends purchase money or finances the sale of goods or services to consumers on a deferred payment basis if that person is not acting, for the purposes of a particular transaction, in the capacity of a credit card issuer.

(5) "Purchase money loan" means a cash advance which is received by a consumer in return for a "finance charge" within the meaning of the Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a purchase of goods or services from a seller who (i) refers consumers to the creditor or (ii) is affiliated with the creditor by common control, contract, or business arrangement.

(6) "Financing a sale" means extending credit to a consumer in connection with a "credit sale" within the meaning of the Truth in Lending Act and Regulation Z.

(7) "Contract" means any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for cooperative or concerted activity in connection with the sale of goods or services to consumers or the financing thereof.

(8) "Business arrangement" means any understanding, procedure, course of dealing, or arrangement, formal or informal, between a creditor and a seller, in connection with the sale of goods or services to consumers or the financing thereof.

(9) "Credit card issuer" means a person who extends to cardholders the right to use a credit card in connection with purchases of goods or services.

(10) "Consumer credit contract" means any instrument which evidences or embodies a debt arising from a "purchase money loan" transaction or a "financed sale" as defined in paragraphs (5) and (6) of this subsection.

(11) "Seller" means a person who, in the ordinary course of business, sells goods or services to consumers.

(12) "Amounts paid by the debtor" shall include all amounts paid by the debtor and any remaining amount due under the contract.

(b) Unfair or deceptive trade practices. -- In connection with any sale or lease in this State of goods or services to consumers, it is an unfair or deceptive trade practice within the meaning of Title 13 of this article for a seller, directly or indirectly, to:

(1) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, boldface type:

NOTICE


Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

Or,

(2) Accept, as full or partial payment for such sale, the proceeds of any purchase money loan, unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, boldface type:

NOTICE


Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

(c) Application of section. -- The provisions of this section do not apply where the seller:

(1) Does not require a consumer credit contract which is a negotiable instrument or which contains any provision pursuant to which the consumer agrees to limit or waive claims or defenses which he may have against the seller as to any holder of the consumer credit contract; and

(2) Does not transfer, sell, pledge or assign a consumer credit contract except under conditions where any transferee is subject to all claims and defenses which the consumer has against the seller to the same extent as provided in this section.

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Md. Com. L. Code Ann. § 14-1303. Waiver by consumer invalid in certain replevin actions

(a) "Consumer transaction" defined. -- In this section, "consumer transaction" means a transaction in which:

(1) Credit is extended by one regularly engaged in the business of extending credit in credit transactions of the same type;

(2) The creditor acquires a security interest in tangible personal property of the debtor; and

(3) The debt is incurred by an individual primarily for personal, family, or household purposes.

(b) Waiver invalid. -- In a consumer transaction, a waiver by the debtor of his right as a defendant in an action of replevin to a hearing or to notice of an opportunity to be heard before seizure of property securing the transaction is void if made before service of notice of the opportunity to be heard.

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Md. Com. L. Code Ann. § 14-1303. Waiver by consumer invalid in certain replevin actions

(a) "Consumer transaction" defined. -- In this section, "consumer transaction" means a transaction in which:

(1) Credit is extended by one regularly engaged in the business of extending credit in credit transactions of the same type;

(2) The creditor acquires a security interest in tangible personal property of the debtor; and

(3) The debt is incurred by an individual primarily for personal, family, or household purposes.

(b) Waiver invalid. -- In a consumer transaction, a waiver by the debtor of his right as a defendant in an action of replevin to a hearing or to notice of an opportunity to be heard before seizure of property securing the transaction is void if made before service of notice of the opportunity to be heard.

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Md. Com. L. Code Ann. § 14-1304. Unsolicited sending of merchandise

(a) Offer which includes unsolicited sending of merchandise. -

(1) A person may not offer any merchandise for sale in any manner or by any means if the offer includes the voluntary and unsolicited sending of merchandise not actually ordered or requested by the recipient orally or in writing.

(2) If a person receives any merchandise offered for sale in violation of this subsection, it is an unconditional gift to him for all purposes. He may use or dispose of the merchandise in any manner without any obligation on his part to the sender.

(b) Unordered merchandise sent after termination of membership. --

(1) If a member of an organization making retail sales of merchandise to its members notifies the organization by registered or certified mail, return receipt requested, of his termination of membership, any unordered merchandise sent to the member after 30 days following execution of the return receipt by the organization is an unconditional gift to him for all purposes. He may use or dispose of the merchandise in any manner without any obligation on his part to the organization.

(2) This subsection does not relieve a person from liability for damages to which he might otherwise be subject if his termination of membership breaches any agreement with the organization. However, he may not be subject to any damages with respect to the merchandise considered under this subsection to be an unconditional gift to him.

(c) Injunction. -- After the receipt of any merchandise considered to be an unconditional gift under this section, if the sender continues to send any bill, statement of account, or request for payment with respect to the merchandise, the recipient may bring an action to enjoin the sender's conduct. In that action, the court may award reasonable attorney's fees and costs to the prevailing party.


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Md. Com. L. Code Ann. § 14-1304. Unsolicited sending of merchandise

(a) Offer which includes unsolicited sending of merchandise. -

(1) A person may not offer any merchandise for sale in any manner or by any means if the offer includes the voluntary and unsolicited sending of merchandise not actually ordered or requested by the recipient orally or in writing.

(2) If a person receives any merchandise offered for sale in violation of this subsection, it is an unconditional gift to him for all purposes. He may use or dispose of the merchandise in any manner without any obligation on his part to the sender.

(b) Unordered merchandise sent after termination of membership. --

(1) If a member of an organization making retail sales of merchandise to its members notifies the organization by registered or certified mail, return receipt requested, of his termination of membership, any unordered merchandise sent to the member after 30 days following execution of the return receipt by the organization is an unconditional gift to him for all purposes. He may use or dispose of the merchandise in any manner without any obligation on his part to the organization.

(2) This subsection does not relieve a person from liability for damages to which he might otherwise be subject if his termination of membership breaches any agreement with the organization. However, he may not be subject to any damages with respect to the merchandise considered under this subsection to be an unconditional gift to him.

(c) Injunction. -- After the receipt of any merchandise considered to be an unconditional gift under this section, if the sender continues to send any bill, statement of account, or request for payment with respect to the merchandise, the recipient may bring an action to enjoin the sender's conduct. In that action, the court may award reasonable attorney's fees and costs to the prevailing party.


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Md. Com. L. Code Ann. § 14-1305. Credit card issued without request

(a) In general. -- Except as provided in subsection (c) of this section, if a credit card or card of identification for credit is issued to a person without his prior request or application, the card is not considered accepted until he signifies acceptance in writing or uses it to obtain credit.

(b) Assumption of risk. -- Until an unrequested card is accepted, the issuer of the card:

(1) Assumes the risk of its loss, theft, or unauthorized use; and

(2) Is barred from any recovery against the person to whom the card is issued for any damages occasioned by that loss, theft, or unauthorized use.

(c) Exception. -- This section does not apply if the card is issued for the purpose of renewal or replacement of an existing card originally applied for or accepted by the cardholder.

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Md. Com. L. Code Ann. § 14-1305. Credit card issued without request

(a) In general. -- Except as provided in subsection (c) of this section, if a credit card or card of identification for credit is issued to a person without his prior request or application, the card is not considered accepted until he signifies acceptance in writing or uses it to obtain credit.

(b) Assumption of risk. -- Until an unrequested card is accepted, the issuer of the card:

(1) Assumes the risk of its loss, theft, or unauthorized use; and

(2) Is barred from any recovery against the person to whom the card is issued for any damages occasioned by that loss, theft, or unauthorized use.

(c) Exception. -- This section does not apply if the card is issued for the purpose of renewal or replacement of an existing card originally applied for or accepted by the cardholder.

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Md. Com. L. Code Ann. §14-1306. Extension of appliance service contract

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Appliance" means any device used for a specific purpose, including any device run by electrical or mechanical means.

(3) "Service contract" means a contract between the owner of an appliance and another person under which the owner agrees to pay a specified amount of money in exchange for any necessary upkeep or repair to the appliance over a specified period.

(4) "Service contractor" means the person obligated to perform any upkeep or repair under a service contract.

(b) Extension of duration of contract. -- The duration of a service contract is extended automatically for each day an appliance is in the custody of a service contractor for upkeep or repair under a service contract, if it is in his custody:

(1) For 15 or more consecutive days; or

(2) For a total of 15 or more days in any 30-day period for the same upkeep or repairs.

(c) Computation of days. -- For purposes of this section, the number of days during which the service contractor has custody of an appliance does not include any day:

(1) During which the owner has possession of the appliance; or

(2) After the day on which the owner receives notice that the service is completed and, without fault of the service contractor, fails to take possession of the appliance.

(d) Application of section. -- This section applies to a service contract executed after June 30, 1974.

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Md. Com. L. Code Ann. §14-1306. Extension of appliance service contract

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Appliance" means any device used for a specific purpose, including any device run by electrical or mechanical means.

(3) "Service contract" means a contract between the owner of an appliance and another person under which the owner agrees to pay a specified amount of money in exchange for any necessary upkeep or repair to the appliance over a specified period.

(4) "Service contractor" means the person obligated to perform any upkeep or repair under a service contract.

(b) Extension of duration of contract. -- The duration of a service contract is extended automatically for each day an appliance is in the custody of a service contractor for upkeep or repair under a service contract, if it is in his custody:

(1) For 15 or more consecutive days; or

(2) For a total of 15 or more days in any 30-day period for the same upkeep or repairs.

(c) Computation of days. -- For purposes of this section, the number of days during which the service contractor has custody of an appliance does not include any day:

(1) During which the owner has possession of the appliance; or

(2) After the day on which the owner receives notice that the service is completed and, without fault of the service contractor, fails to take possession of the appliance.

(d) Application of section. -- This section applies to a service contract executed after June 30, 1974.

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Md. Com. L. Code Ann. § 14-1307. Ladders capable of conducting electricity


A person may not sell any ladder manufactured after July 1, 1976 which is made with material capable of conducting an electrical current unless:

(1) A warning is affixed in a prominent place on the ladder which indicates that the ladder is a conductor of electricity; or

(2) The ladder is made in a manner to prevent the conduction of an electrical current.


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Md. Com. L. Code Ann. § 14-1307. Ladders capable of conducting electricity


A person may not sell any ladder manufactured after July 1, 1976 which is made with material capable of conducting an electrical current unless:

(1) A warning is affixed in a prominent place on the ladder which indicates that the ladder is a conductor of electricity; or

(2) The ladder is made in a manner to prevent the conduction of an electrical current.


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Md. Com. L. Code Ann. §14-1308. Processing instructions on certain photographic film

A person may not sell any photographic film manufactured after July 1, 1977, except black and white film, unless the cartridge or roll of film is marked with sufficient processing instructions so that a commercial photographic processor can identify the required chemical and developing procedures.

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Md. Com. L. Code Ann. §14-1308. Processing instructions on certain photographic film

A person may not sell any photographic film manufactured after July 1, 1977, except black and white film, unless the cartridge or roll of film is marked with sufficient processing instructions so that a commercial photographic processor can identify the required chemical and developing procedures.

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Md. Com. L. Code Ann. §14-1309. Stoves and freestanding fireplaces
(a) Instructions required. -- A person may not sell, distribute, or install any new hand-fired heating stove or freestanding fireplace that is intended ultimately for installation in a permanent or temporary residence unless the stove or fireplace is accompanied with complete instructions on the safe installation and operation of the appliance, including information on:

(1) The safe clearance of structural members, as established by the National Fire Protection Association Pamphlet 89M, "Clearances for Heat Producing Appliances";

(2) The type of fuel to be burned in the appliance;

(3) Proper starting instructions;

(4) Proper storage of fuel;

(5) Safe disposal of ashes; and

(6) Proper chimney maintenance.

(b) Enforcement of section. --

(1) The Attorney General and the State Fire Marshal shall each enforce this section under the enforcement powers provided in this title and in the Public Safety Article.

(2) The fire department of Baltimore City shall report any violation of this section to the Division of Consumer Protection.

(c) Penalty. -- Any person who knowingly and willfully violates the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $ 500.

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Md. Com. L. Code Ann. §14-1309. Stoves and freestanding fireplaces
(a) Instructions required. -- A person may not sell, distribute, or install any new hand-fired heating stove or freestanding fireplace that is intended ultimately for installation in a permanent or temporary residence unless the stove or fireplace is accompanied with complete instructions on the safe installation and operation of the appliance, including information on:

(1) The safe clearance of structural members, as established by the National Fire Protection Association Pamphlet 89M, "Clearances for Heat Producing Appliances";

(2) The type of fuel to be burned in the appliance;

(3) Proper starting instructions;

(4) Proper storage of fuel;

(5) Safe disposal of ashes; and

(6) Proper chimney maintenance.

(b) Enforcement of section. --

(1) The Attorney General and the State Fire Marshal shall each enforce this section under the enforcement powers provided in this title and in the Public Safety Article.

(2) The fire department of Baltimore City shall report any violation of this section to the Division of Consumer Protection.

(c) Penalty. -- Any person who knowingly and willfully violates the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $ 500.

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Md. Com. L. Code Ann. §14-1310. Unvented portable kerosene-fired heaters
(a) Compliance with State Fire Prevention Code. -- With the written consent of the property owner, a person may use unvented portable kerosene-fired heaters in single family dwelling units and in commercial establishments in this State if the heaters otherwise comply with the State Fire Prevention Code regulations in effect on January 1, 1982.

(b) Use in commercial establishment. --

(1) "Commercial establishment" does not include:

(i) Places of public assembly capable of accommodating more than 50 persons;

(ii) Day care centers;

(iii) Educational occupancies;

(iv) Health care occupancies;

(v) Hotels and motels; or

(vi) Buildings (other than office facilities) where open flame devices would readily ignite flammable liquid vapor, explosives, or dust, or buildings over 3 stories in height.

(2) In commercial establishments, portable kerosene heaters may not be located in such a manner as to obstruct exits.

(3) This section shall not be construed to prohibit or allow the prohibition of the demonstration or repair of unvented portable kerosene-fired heaters in any commercial establishment.

(c) Manufacturer's warning label. -- The manufacturer shall affix to each portable kerosene heater, in a safe and prominent place, a nondetachable warning label which states:

WARNING.


1. This unit must be used in an area which has proper ventilation. Consult owner's manual for details and instructions.

2. Use of this heater may possibly be dangerous to persons with respiratory or circulatory disorders.

3. Only "water-clear" kerosene meeting 1-K (ASTM) specifications should be used in this heater.

(d) Applicability to Baltimore City. -- In Baltimore City, this section does not affect or supersede any local law or ordinance which is more stringent or imposes a higher standard regarding the use or sale of portable kerosene heaters.

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Md. Com. L. Code Ann. §14-1310. Unvented portable kerosene-fired heaters
(a) Compliance with State Fire Prevention Code. -- With the written consent of the property owner, a person may use unvented portable kerosene-fired heaters in single family dwelling units and in commercial establishments in this State if the heaters otherwise comply with the State Fire Prevention Code regulations in effect on January 1, 1982.

(b) Use in commercial establishment. --

(1) "Commercial establishment" does not include:

(i) Places of public assembly capable of accommodating more than 50 persons;

(ii) Day care centers;

(iii) Educational occupancies;

(iv) Health care occupancies;

(v) Hotels and motels; or

(vi) Buildings (other than office facilities) where open flame devices would readily ignite flammable liquid vapor, explosives, or dust, or buildings over 3 stories in height.

(2) In commercial establishments, portable kerosene heaters may not be located in such a manner as to obstruct exits.

(3) This section shall not be construed to prohibit or allow the prohibition of the demonstration or repair of unvented portable kerosene-fired heaters in any commercial establishment.

(c) Manufacturer's warning label. -- The manufacturer shall affix to each portable kerosene heater, in a safe and prominent place, a nondetachable warning label which states:

WARNING.


1. This unit must be used in an area which has proper ventilation. Consult owner's manual for details and instructions.

2. Use of this heater may possibly be dangerous to persons with respiratory or circulatory disorders.

3. Only "water-clear" kerosene meeting 1-K (ASTM) specifications should be used in this heater.

(d) Applicability to Baltimore City. -- In Baltimore City, this section does not affect or supersede any local law or ordinance which is more stringent or imposes a higher standard regarding the use or sale of portable kerosene heaters.

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Md. Com. L. Code Ann. § 14-1311. Extended warranties
(a) Definitions. --

(1) In this section the following terms have the meanings indicated.

(2) "Consumer goods" means any new goods used for personal, family, or household purposes where:

(i) The purchaser of the goods has entered into an agreement to purchase an extended warranty on the goods purchased; and

(ii) The actual cash sales price of the goods paid by the purchaser is in excess of $ 50.

(3) "Consumer goods" includes household appliances.

(4) "Extended warranty" means a written warranty that:

(i) Covers consumer goods offered for sale by a guarantor or manufacturer;

(ii) Includes terms or conditions beyond those offered in any express warranty originally included as part of the contract of sale for the consumer goods; and

(iii) Is purchased at the time of the sale of the consumer goods.

(5) "Guarantor" means a person who:

(i) Is engaged in the business of making consumer products available to consumers; and

(ii) Makes a warranty.

(6) "Manufacturer" includes a manufacturer, its agent, or its authorized dealer.

(b) Restrictions. -- Any extended warranty sold by a guarantor or manufacturer to a purchaser of consumer goods may not supersede any original express warranty and shall be offered in addition to the original express warranty.

(c) Date of applicability. -- This section applies only to an agreement to purchase an extended warranty which is executed on or after July 1, 1984.

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Md. Com. L. Code Ann. § 14-1311. Extended warranties
(a) Definitions. --

(1) In this section the following terms have the meanings indicated.

(2) "Consumer goods" means any new goods used for personal, family, or household purposes where:

(i) The purchaser of the goods has entered into an agreement to purchase an extended warranty on the goods purchased; and

(ii) The actual cash sales price of the goods paid by the purchaser is in excess of $ 50.

(3) "Consumer goods" includes household appliances.

(4) "Extended warranty" means a written warranty that:

(i) Covers consumer goods offered for sale by a guarantor or manufacturer;

(ii) Includes terms or conditions beyond those offered in any express warranty originally included as part of the contract of sale for the consumer goods; and

(iii) Is purchased at the time of the sale of the consumer goods.

(5) "Guarantor" means a person who:

(i) Is engaged in the business of making consumer products available to consumers; and

(ii) Makes a warranty.

(6) "Manufacturer" includes a manufacturer, its agent, or its authorized dealer.

(b) Restrictions. -- Any extended warranty sold by a guarantor or manufacturer to a purchaser of consumer goods may not supersede any original express warranty and shall be offered in addition to the original express warranty.

(c) Date of applicability. -- This section applies only to an agreement to purchase an extended warranty which is executed on or after July 1, 1984.

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Md. Com. L. Code Ann. § 14-1312. Return of checks
(a) Definitions. --

(1) In this section the following terms have the meanings indicated.

(2) "Acceptor" means a seller, lender, or credit grantor to whom a discharged check was originally issued.

(3) "Discharged check" means a check or other instrument that has been:

(i) Issued to a seller, lender, or credit grantor by a buyer or borrower in full or partial satisfaction of an underlying obligation; and

(ii) Reacquired by the buyer or borrower in his own right.

(b) When seller, lender, or credit grantor to return discharged check to buyer or borrower. --

(1) Notwithstanding any other provision of this article, if an acceptor requires a buyer or borrower to submit to the acceptor a discharged check, rather than a facsimile thereof, for the purpose of verifying the full or partial payment of the obligation for which the check was issued, the acceptor shall return the discharged check directly to the buyer or borrower when payment or nonpayment has been verified.

(2) An acceptor may not return the discharged check directly to the financial institution on which the discharged check was drawn if the check was submitted to the acceptor under the circumstances outlined in paragraph (1) of this subsection.

(c) Failure of seller, lender, or credit grantor to comply. -- The failure of an acceptor to return a discharged check directly to a buyer or borrower as provided in subsection (b) of this section shall make the acceptor liable to the buyer or borrower for:

(1) The amount of the check; and

(2) Any charges made against the buyer's or borrower's account by the financial institution on which the check was drawn if those charges are a direct result of the acceptor's noncompliance with subsection (b) of this section.

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Md. Com. L. Code Ann. § 14-1312. Return of checks
(a) Definitions. --

(1) In this section the following terms have the meanings indicated.

(2) "Acceptor" means a seller, lender, or credit grantor to whom a discharged check was originally issued.

(3) "Discharged check" means a check or other instrument that has been:

(i) Issued to a seller, lender, or credit grantor by a buyer or borrower in full or partial satisfaction of an underlying obligation; and

(ii) Reacquired by the buyer or borrower in his own right.

(b) When seller, lender, or credit grantor to return discharged check to buyer or borrower. --

(1) Notwithstanding any other provision of this article, if an acceptor requires a buyer or borrower to submit to the acceptor a discharged check, rather than a facsimile thereof, for the purpose of verifying the full or partial payment of the obligation for which the check was issued, the acceptor shall return the discharged check directly to the buyer or borrower when payment or nonpayment has been verified.

(2) An acceptor may not return the discharged check directly to the financial institution on which the discharged check was drawn if the check was submitted to the acceptor under the circumstances outlined in paragraph (1) of this subsection.

(c) Failure of seller, lender, or credit grantor to comply. -- The failure of an acceptor to return a discharged check directly to a buyer or borrower as provided in subsection (b) of this section shall make the acceptor liable to the buyer or borrower for:

(1) The amount of the check; and

(2) Any charges made against the buyer's or borrower's account by the financial institution on which the check was drawn if those charges are a direct result of the acceptor's noncompliance with subsection (b) of this section.

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Md. Com. L. Code Ann. §14-1313. Unsolicited facsimile transmissions
(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Facsimile device" means a machine that receives and copies reproductions or facsimiles of documents or photographs that have been transmitted electronically or telephonically over telecommunications lines.

(3) (i) "Commercial solicitation" means the unsolicited electronic or telephonic transmission in the State to a facsimile device to encourage a person to purchase goods, realty, or services.

(ii) "Commercial solicitation" does not include:

1. An electronic or telephonic transmission made in the course of prior negotiations; or

2. An electronic or telephonic transmission made in the course of a preexisting business relationship with the person receiving the transmission.

(b) Commercial solicitation prohibited. -- A person may not make intentionally an electronic or telephonic transmission to a facsimile device for the purpose of commercial solicitation.

(c) Penalty. --

(1) The Attorney General may initiate a civil action against any person who violates this section to recover for the State a penalty not to exceed $ 1,000 for each violation.

(2) For the purposes of this section, each prohibited commercial solicitation is a separate violation.


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Md. Com. L. Code Ann. §14-1313. Unsolicited facsimile transmissions
(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Facsimile device" means a machine that receives and copies reproductions or facsimiles of documents or photographs that have been transmitted electronically or telephonically over telecommunications lines.

(3) (i) "Commercial solicitation" means the unsolicited electronic or telephonic transmission in the State to a facsimile device to encourage a person to purchase goods, realty, or services.

(ii) "Commercial solicitation" does not include:

1. An electronic or telephonic transmission made in the course of prior negotiations; or

2. An electronic or telephonic transmission made in the course of a preexisting business relationship with the person receiving the transmission.

(b) Commercial solicitation prohibited. -- A person may not make intentionally an electronic or telephonic transmission to a facsimile device for the purpose of commercial solicitation.

(c) Penalty. --

(1) The Attorney General may initiate a civil action against any person who violates this section to recover for the State a penalty not to exceed $ 1,000 for each violation.

(2) For the purposes of this section, each prohibited commercial solicitation is a separate violation.


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Md. Com. L. Code Ann. §14-1314. Security systems

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Law enforcement agency" means a police department of the State or of a county or municipal corporation of the State.

(3) "Response time" means the period of time from the moment an alarm from a security system is activated to the moment a law enforcement agency responds to the alarm sounding.

(4) (i) "Security system" means any burglary alarm system or robbery alarm system.

(ii) "Security system" includes the service of monitoring the property to which a security system is attached in case of an alarm sounding.

(5) "Seller" means a person who sells or offers for sale a security system.

(b) Statement of shorter law enforcement response time prohibited. -- In connection with a sale or offer for sale of a security system, a seller may not state that the seller can or will provide, as part of the security system, a response time by a law enforcement agency to an alarm sounding that is shorter in time than the response time by the law enforcement agency to a general distress call
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Md. Com. L. Code Ann. §14-1314. Security systems

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Law enforcement agency" means a police department of the State or of a county or municipal corporation of the State.

(3) "Response time" means the period of time from the moment an alarm from a security system is activated to the moment a law enforcement agency responds to the alarm sounding.

(4) (i) "Security system" means any burglary alarm system or robbery alarm system.

(ii) "Security system" includes the service of monitoring the property to which a security system is attached in case of an alarm sounding.

(5) "Seller" means a person who sells or offers for sale a security system.

(b) Statement of shorter law enforcement response time prohibited. -- In connection with a sale or offer for sale of a security system, a seller may not state that the seller can or will provide, as part of the security system, a response time by a law enforcement agency to an alarm sounding that is shorter in time than the response time by the law enforcement agency to a general distress call
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Md. Com. L. Code Ann. §14-1315. Late fees
(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Consumer contract" means a contract involving the sale, lease, or provision of goods or services which are for personal, family, or household purposes.

(3) "Contract", unless specifically provided otherwise, includes consumer, commercial, and business contracts, covenants, leases of any kind, and tariffs on file with any regulatory authority.

(4) (i) "Late fee" means any charge or fee imposed because a payment is not made when the payment is due under the terms of a contract.

(ii) "Late fee" includes a fee imposed under subparagraph (i) of this paragraph that is described:

1. As a flat rate;

2. As a percentage of the amount due; or

3. In any other terms.

(b) Agreement by parties. -- The parties to a contract may agree to require the payment of a late fee when a party fails to make a payment when the payment is due.

(c) Contract disclosure of terms. -- A contract that requires the payment of a late fee shall disclose, by its terms or by notice:

(1) The amount of the late fee;

(2) The conditions under which the late fee will be imposed; and

(3) The timing for the imposition of the late fee.

(d) Nature of fee. -- A late fee imposed under this section is not:

(1) Interest;

(2) A finance charge;

(3) Liquidated damages; or

(4) A penalty.

(e) No impact on other allowable fees or changes. -- This section does not affect a late fee, a finance charge, interest, or any other fee or charge otherwise allowed under applicable law.

(f) Limitations. --

(1) A late fee included in a consumer contract pursuant to this section is subject to one of the following limitations:

(i) 1. The amount of the late fee may be up to $ 5 per month, or up to 10% per month of the payment amount that is past due, whichever is greater; and

2. No more than 3 monthly late fees may be imposed for any single payment amount that is past due, regardless of the period during which the payment remains past due; or

(ii) The amount of the late fee may be up to 1.5% per month of the payment amount that is past due.

(2) The amount of the late fee under paragraph (1) of this subsection shall be disclosed, in the consumer contract or by notice, in size equal to at least 10-point bold type.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, a late fee included in a consumer contract pursuant to this section may not be imposed until 15 days after the date the bill was rendered for the goods or services provided.

(ii) If a bill is not rendered, a late fee included in a consumer contract pursuant to this section may not be imposed until 15 days after the payment amount becomes due.

(g) Additional limitations or conditions. -- A late fee imposed under this section is subject to any additional limitations or conditions prescribed by any federal, State, or local regulatory agency or authority having jurisdiction over entities imposing late fees regulated by this section.

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Md. Com. L. Code Ann. §14-1315. Late fees
(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Consumer contract" means a contract involving the sale, lease, or provision of goods or services which are for personal, family, or household purposes.

(3) "Contract", unless specifically provided otherwise, includes consumer, commercial, and business contracts, covenants, leases of any kind, and tariffs on file with any regulatory authority.

(4) (i) "Late fee" means any charge or fee imposed because a payment is not made when the payment is due under the terms of a contract.

(ii) "Late fee" includes a fee imposed under subparagraph (i) of this paragraph that is described:

1. As a flat rate;

2. As a percentage of the amount due; or

3. In any other terms.

(b) Agreement by parties. -- The parties to a contract may agree to require the payment of a late fee when a party fails to make a payment when the payment is due.

(c) Contract disclosure of terms. -- A contract that requires the payment of a late fee shall disclose, by its terms or by notice:

(1) The amount of the late fee;

(2) The conditions under which the late fee will be imposed; and

(3) The timing for the imposition of the late fee.

(d) Nature of fee. -- A late fee imposed under this section is not:

(1) Interest;

(2) A finance charge;

(3) Liquidated damages; or

(4) A penalty.

(e) No impact on other allowable fees or changes. -- This section does not affect a late fee, a finance charge, interest, or any other fee or charge otherwise allowed under applicable law.

(f) Limitations. --

(1) A late fee included in a consumer contract pursuant to this section is subject to one of the following limitations:

(i) 1. The amount of the late fee may be up to $ 5 per month, or up to 10% per month of the payment amount that is past due, whichever is greater; and

2. No more than 3 monthly late fees may be imposed for any single payment amount that is past due, regardless of the period during which the payment remains past due; or

(ii) The amount of the late fee may be up to 1.5% per month of the payment amount that is past due.

(2) The amount of the late fee under paragraph (1) of this subsection shall be disclosed, in the consumer contract or by notice, in size equal to at least 10-point bold type.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, a late fee included in a consumer contract pursuant to this section may not be imposed until 15 days after the date the bill was rendered for the goods or services provided.

(ii) If a bill is not rendered, a late fee included in a consumer contract pursuant to this section may not be imposed until 15 days after the payment amount becomes due.

(g) Additional limitations or conditions. -- A late fee imposed under this section is subject to any additional limitations or conditions prescribed by any federal, State, or local regulatory agency or authority having jurisdiction over entities imposing late fees regulated by this section.

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Md. Com. L. Code Ann. § 14-1316. Debt adjusting
Repealed by Acts 2003, chs. 374 and 375, § 1, effective October 1, 2003
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Md. Com. L. Code Ann. § 14-1316. Debt adjusting
Repealed by Acts 2003, chs. 374 and 375, § 1, effective October 1, 2003
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Md. Com. L. Code Ann. § 14-1317. Receiving consigned goods from transporter

(a) Prohibited. -- A person may not purchase or fraudulently receive from any person engaged in transporting coal, iron, lumber, merchandise, or property consigned to another:

(1) Without the consent of the owner of the property; and

(2) With knowledge that the property is consigned.

(b) Liability. --

(1) A person who violates subsection (a) of this section is liable to the owner of the property in a civil action for damages equal to double the value of the property.

(2) An action brought under this section may be brought in the name of either the consignor or consignee of the property
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Md. Com. L. Code Ann. § 14-1317. Receiving consigned goods from transporter

(a) Prohibited. -- A person may not purchase or fraudulently receive from any person engaged in transporting coal, iron, lumber, merchandise, or property consigned to another:

(1) Without the consent of the owner of the property; and

(2) With knowledge that the property is consigned.

(b) Liability. --

(1) A person who violates subsection (a) of this section is liable to the owner of the property in a civil action for damages equal to double the value of the property.

(2) An action brought under this section may be brought in the name of either the consignor or consignee of the property
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Md. Com. L. Code Ann. §14-1318. Printing payment device numbers on receipts

(a) "Payment device number" defined. -- In this section, "payment device number" means any code, account number, or other means of account access, other than a check, draft, or similar paper instrument, that can be used to obtain money, goods, services, or anything of value, or for purposes of initiating a transfer of funds.

(b) Applicability of section. --

(1) This section applies only to receipts that are electronically printed in connection with the purchase of consumer goods or consumer services.

(2) This section does not apply to receipts where the sole means of recording the credit card number or payment device number is by handwriting, imprinting, or copying the credit card or payment device.

(c) Restriction. -- A person that accepts a credit card number or other payment device number for the transaction of business may not print more than eight digits of the credit card number or other payment device number on a receipt provided to the holder of the credit card or payment device.

(d) Penalties for violation. --

(1) The Attorney General may initiate a civil action against a person who violates this section to recover for the State a civil penalty not exceeding $ 25 for each violation.

(2) For the purposes of this section, each instance in which a credit card number is printed when prohibited by this section is a separate violation.

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Md. Com. L. Code Ann. §14-1318. Printing payment device numbers on receipts

(a) "Payment device number" defined. -- In this section, "payment device number" means any code, account number, or other means of account access, other than a check, draft, or similar paper instrument, that can be used to obtain money, goods, services, or anything of value, or for purposes of initiating a transfer of funds.

(b) Applicability of section. --

(1) This section applies only to receipts that are electronically printed in connection with the purchase of consumer goods or consumer services.

(2) This section does not apply to receipts where the sole means of recording the credit card number or payment device number is by handwriting, imprinting, or copying the credit card or payment device.

(c) Restriction. -- A person that accepts a credit card number or other payment device number for the transaction of business may not print more than eight digits of the credit card number or other payment device number on a receipt provided to the holder of the credit card or payment device.

(d) Penalties for violation. --

(1) The Attorney General may initiate a civil action against a person who violates this section to recover for the State a civil penalty not exceeding $ 25 for each violation.

(2) For the purposes of this section, each instance in which a credit card number is printed when prohibited by this section is a separate violation.

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Md. Com. L. Code Ann. § 14-1319. Gift certificates
(a) "Gift certificate defined". --

(1) In this section, "gift certificate" means a device constructed of paper, plastic, or any other material that is:

(i) Sold or issued by a person for a cash value that can be used to purchase goods or services; or

(ii) Issued as a store credit for returned goods.

(2) "Gift certificate" does not include:

(i) A prepaid telephone calling card;

(ii) A prepaid technical support card;

(iii) A prepaid card for Internet services;

(iv) A coupon for discounted goods or services;

(v) A gift certificate that is distributed to an individual under an awards, loyalty, or promotional program in which the recipient does not give money or value for the gift certificate; or

(vi) A gift card that:

1. Is processed through a national credit or debit card service; and

2. May be used to purchase goods or services from multiple unaffiliated sellers of goods or services.

(b) Prohibition of selling gift certificates under certain conditions. -- A person may not sell or issue a gift certificate that, within 4 years after the date of purchase, is subject to expiration or a fee or charge of any kind.

(c) Disclosure of terms and conditions. -- Any term or condition concerning expiration or a fee or charge that takes effect more than 4 years after the date of purchase must be printed clearly in at least 10 point type in a visible place on:

(1) The front or back of the gift certificate;

(2) A sticker permanently affixed to the gift certificate; or

(3) An envelope containing the gift certificate.

(d) Change of terms and conditions. -- Unless the change benefits the consumer, a term or condition disclosed under subsection (c) of this section may not be changed after the date of purchase or issuance.

(e) Validity of gift certificates sold in violation of section. -- A gift certificate that is sold or issued in violation of this section shall be considered valid and may not be subject to expiration or any fee or charge.

(f) Enforcement and penalty. -- A violation of any provision of this section:

(1) Is an unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Is subject to the enforcement and penalty provisions contained in Title 13 of this article, except § 13-411 of this article.

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Md. Com. L. Code Ann. § 14-1319. Gift certificates
(a) "Gift certificate defined". --

(1) In this section, "gift certificate" means a device constructed of paper, plastic, or any other material that is:

(i) Sold or issued by a person for a cash value that can be used to purchase goods or services; or

(ii) Issued as a store credit for returned goods.

(2) "Gift certificate" does not include:

(i) A prepaid telephone calling card;

(ii) A prepaid technical support card;

(iii) A prepaid card for Internet services;

(iv) A coupon for discounted goods or services;

(v) A gift certificate that is distributed to an individual under an awards, loyalty, or promotional program in which the recipient does not give money or value for the gift certificate; or

(vi) A gift card that:

1. Is processed through a national credit or debit card service; and

2. May be used to purchase goods or services from multiple unaffiliated sellers of goods or services.

(b) Prohibition of selling gift certificates under certain conditions. -- A person may not sell or issue a gift certificate that, within 4 years after the date of purchase, is subject to expiration or a fee or charge of any kind.

(c) Disclosure of terms and conditions. -- Any term or condition concerning expiration or a fee or charge that takes effect more than 4 years after the date of purchase must be printed clearly in at least 10 point type in a visible place on:

(1) The front or back of the gift certificate;

(2) A sticker permanently affixed to the gift certificate; or

(3) An envelope containing the gift certificate.

(d) Change of terms and conditions. -- Unless the change benefits the consumer, a term or condition disclosed under subsection (c) of this section may not be changed after the date of purchase or issuance.

(e) Validity of gift certificates sold in violation of section. -- A gift certificate that is sold or issued in violation of this section shall be considered valid and may not be subject to expiration or any fee or charge.

(f) Enforcement and penalty. -- A violation of any provision of this section:

(1) Is an unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Is subject to the enforcement and penalty provisions contained in Title 13 of this article, except § 13-411 of this article.

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Md. Com. L. Code Ann. §14-1320. Gift card

(a) Applicability of section. -- This section applies to a gift card that:

(1) Is processed through a national credit or debit card service; and

(2) May be used to purchase goods or services from multiple unaffiliated sellers of goods and services.

(b) Disclosure of expiration or fees. -- A gift card may be subject to expiration or a postsale fee, including a service fee, dormancy fee, account maintenance fee, cash-out fee, gift card replacement fee, activation fee, or reactivation fee, if the following disclosures are printed clearly in a visible place on the front or back of the gift card in at least 10 point type:

(1) With respect to the expiration date, the date on which the gift card expires; and

(2) With respect to a postsale fee:

(i) The amount of the fee;

(ii) The circumstances under which the fee will be imposed;

(iii) The frequency with which the fee will be imposed; and

(iv) Whether the fee is triggered by inactivity.

(c) Same--Written statement. -- If the disclosures required under subsection (b) of this section are hidden by the packaging of the gift card, the seller or issuer shall give the purchaser a written statement of the disclosures before the gift card is sold or issued.

(d) Same--Additional methods. -- In addition to printing the information required under subsection (b) of this section on a gift card:

(1) If a gift card is sold or issued by electronic means, the seller or issuer shall include a conspicuous written statement of the information in the electronic message offering the gift card; and

(2) If a gift card is sold or issued by telephonic means, the seller or issuer, before the gift card is sold, shall state the information to the purchaser.

(e) Change of terms or conditions. -- Unless the change benefits the consumer, a term or condition disclosed under subsection (b) of this section may not be changed after the date of purchase or issuance.

(f) Enforcement and penalty. -- A violation of any provision of this section:

(1) Is an unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Is subject to the enforcement and penalty provisions contained in Title 13 of this article, except § 13-411 of this article
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Md. Com. L. Code Ann. §14-1320. Gift card

(a) Applicability of section. -- This section applies to a gift card that:

(1) Is processed through a national credit or debit card service; and

(2) May be used to purchase goods or services from multiple unaffiliated sellers of goods and services.

(b) Disclosure of expiration or fees. -- A gift card may be subject to expiration or a postsale fee, including a service fee, dormancy fee, account maintenance fee, cash-out fee, gift card replacement fee, activation fee, or reactivation fee, if the following disclosures are printed clearly in a visible place on the front or back of the gift card in at least 10 point type:

(1) With respect to the expiration date, the date on which the gift card expires; and

(2) With respect to a postsale fee:

(i) The amount of the fee;

(ii) The circumstances under which the fee will be imposed;

(iii) The frequency with which the fee will be imposed; and

(iv) Whether the fee is triggered by inactivity.

(c) Same--Written statement. -- If the disclosures required under subsection (b) of this section are hidden by the packaging of the gift card, the seller or issuer shall give the purchaser a written statement of the disclosures before the gift card is sold or issued.

(d) Same--Additional methods. -- In addition to printing the information required under subsection (b) of this section on a gift card:

(1) If a gift card is sold or issued by electronic means, the seller or issuer shall include a conspicuous written statement of the information in the electronic message offering the gift card; and

(2) If a gift card is sold or issued by telephonic means, the seller or issuer, before the gift card is sold, shall state the information to the purchaser.

(e) Change of terms or conditions. -- Unless the change benefits the consumer, a term or condition disclosed under subsection (b) of this section may not be changed after the date of purchase or issuance.

(f) Enforcement and penalty. -- A violation of any provision of this section:

(1) Is an unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Is subject to the enforcement and penalty provisions contained in Title 13 of this article, except § 13-411 of this article
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Md. Com. L. Code Ann. § 14-1321. Merchant contact information for Internet sales contracts.
(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Account" means:

(i) A credit card account;

(ii) A debit card account;

(iii) A bank account; or

(iv) Any other financial account.

(3) "Consumer goods" has the meaning stated in § 13-101 of this article.

(4) "Consumer services" has the meaning stated in § 13-101 of this article.

(5) "Merchant" has the meaning stated in § 13-101 of this article.

(b) In general. -- A merchant that provides consumer goods or consumer services over the Internet under a contract with a consumer that requires the consumer to make periodic payments for the consumer goods or consumer services and allows the merchant to collect the payments directly from the consumer's account shall include in a prominent place on its website:

(1) A toll-free telephone number that a consumer may call to cancel the contract; or

(2) An address to which a consumer may write to cancel the contract.

(c) Violations; penalties. -- A violation of this section is:

(1) An unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Subject to the enforcement and penalty provisions contained in Title 13 of this article.
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Md. Com. L. Code Ann. § 14-1321. Merchant contact information for Internet sales contracts.
(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Account" means:

(i) A credit card account;

(ii) A debit card account;

(iii) A bank account; or

(iv) Any other financial account.

(3) "Consumer goods" has the meaning stated in § 13-101 of this article.

(4) "Consumer services" has the meaning stated in § 13-101 of this article.

(5) "Merchant" has the meaning stated in § 13-101 of this article.

(b) In general. -- A merchant that provides consumer goods or consumer services over the Internet under a contract with a consumer that requires the consumer to make periodic payments for the consumer goods or consumer services and allows the merchant to collect the payments directly from the consumer's account shall include in a prominent place on its website:

(1) A toll-free telephone number that a consumer may call to cancel the contract; or

(2) An address to which a consumer may write to cancel the contract.

(c) Violations; penalties. -- A violation of this section is:

(1) An unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Subject to the enforcement and penalty provisions contained in Title 13 of this article.
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Md. Com. L. Code Ann. § 14-1401. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Adjustment program. --

(1) "Adjustment program" means a program or policy:

(i) That expands or extends a warranty beyond its stated limit; or

(ii) Under which a manufacturer undertakes or offers to pay or reimburse a consumer, whether directly or indirectly, for all or a part of the cost of repairing a condition that may substantially affect the durability, reliability, or performance of a motor vehicle.

(2) "Adjustment program" does not include:

(i) Service provided under a safety or emissions related recall campaign; or

(ii) Adjustments made by a manufacturer on a case-by-case basis.

(c) Consumer. -- "Consumer" means:

(1) The purchaser, other than for purposes of resale, of a new motor vehicle;

(2) A lessee of a motor vehicle;

(3) A person to whom a new motor vehicle is transferred during the duration of the warranty applicable to the motor vehicle; or

(4) A person who is entitled under the terms of the warranty to enforce its obligations.

(d) Dealer. -- "Dealer" means a person who sells or leases motor vehicles under a retail agreement with a manufacturer or distributor, or an agent of a manufacturer or distributor.

(e) Lessee. -- "Lessee" means a consumer who leases a motor vehicle under a written lease that provides that the lessee is responsible for repairs to the motor vehicle.

(f) Manufacturer. -- "Manufacturer" means a person who:

(1) Manufactures or assembles new motor vehicles for sale or distribution; or

(2) Is engaged in the business of importing new motor vehicles for sale or distribution to dealers or through distributors or factory branches.

(g) Motor vehicle. -- "Motor vehicle" means a vehicle that:

(1) Is used for the private transportation of individuals and their personal belongings; and

(2) Has a maximum capacity of 10 individuals, including the driver.

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Md. Com. L. Code Ann. § 14-1401. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Adjustment program. --

(1) "Adjustment program" means a program or policy:

(i) That expands or extends a warranty beyond its stated limit; or

(ii) Under which a manufacturer undertakes or offers to pay or reimburse a consumer, whether directly or indirectly, for all or a part of the cost of repairing a condition that may substantially affect the durability, reliability, or performance of a motor vehicle.

(2) "Adjustment program" does not include:

(i) Service provided under a safety or emissions related recall campaign; or

(ii) Adjustments made by a manufacturer on a case-by-case basis.

(c) Consumer. -- "Consumer" means:

(1) The purchaser, other than for purposes of resale, of a new motor vehicle;

(2) A lessee of a motor vehicle;

(3) A person to whom a new motor vehicle is transferred during the duration of the warranty applicable to the motor vehicle; or

(4) A person who is entitled under the terms of the warranty to enforce its obligations.

(d) Dealer. -- "Dealer" means a person who sells or leases motor vehicles under a retail agreement with a manufacturer or distributor, or an agent of a manufacturer or distributor.

(e) Lessee. -- "Lessee" means a consumer who leases a motor vehicle under a written lease that provides that the lessee is responsible for repairs to the motor vehicle.

(f) Manufacturer. -- "Manufacturer" means a person who:

(1) Manufactures or assembles new motor vehicles for sale or distribution; or

(2) Is engaged in the business of importing new motor vehicles for sale or distribution to dealers or through distributors or factory branches.

(g) Motor vehicle. -- "Motor vehicle" means a vehicle that:

(1) Is used for the private transportation of individuals and their personal belongings; and

(2) Has a maximum capacity of 10 individuals, including the driver.

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Md. Com. L. Code Ann. § 14-1402. Warranty Adjustment Program
(a) Procedures. -- A manufacturer of motor vehicles sold in the State shall establish procedures under which each consumer in the State who owns or leases a motor vehicle to which an adjustment program of the manufacturer applies:

(1) Is notified of the adjustment program;

(2) On request, is provided with a copy of any service bulletin or any other document issued by the manufacturer pertaining to an adjustment program or to a condition that may substantially affect motor vehicle durability, reliability, or performance; and

(3) Within 90 days after the establishment of a new adjustment program, is sent written notice by first-class mail of the terms and conditions of the adjustment program.

(b) Notice of rights and remedies. --

(1) A manufacturer of motor vehicles sold in the State shall ensure that the purchaser of a new motor vehicle receives, at the time of purchase, a written notice describing the rights and remedies provided under this section.

(2) The written notice shall be considered sufficient if stated in substantially the following form: "Sometimes (insert manufacturer's name) offers a special adjustment program to pay all or part of the cost of certain repairs beyond the terms of the warranty. Check with your dealer to determine whether any adjustment program is applicable to your motor vehicle."

(c) Information to dealers. -- A manufacturer shall provide to its dealers information about each adjustment program of the manufacturer in a format that facilitates the disclosure of the terms and conditions of the adjustment program to a consumer seeking repairs at the dealer's repair facility.

(d) Reimbursement. --

(1) A manufacturer that establishes an adjustment program shall implement procedures to ensure reimbursement of each consumer who:

(i) Is eligible under the adjustment program; and

(ii) Incurs expenses for the repair of a condition subject to the adjustment program before the consumer knows about the adjustment program.

(2) Reimbursement under this subsection shall be consistent with the terms and conditions of the particular adjustment program.

(3) (i) A consumer shall make a claim for reimbursement under this subsection in writing to the manufacturer within the later of:

1. 2 years after the date of the consumer's payment for the repair of the condition; or

2. 1 year after the date the manufacturer sends the notice required under subsection (a)(3) of this section.

(ii) The manufacturer shall notify the consumer within 21 business days after receiving a claim for reimbursement whether the claim will be approved or denied.

(iii) If the claim is denied, the manufacturer shall state in writing the specific reasons for the denial.
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Md. Com. L. Code Ann. § 14-1402. Warranty Adjustment Program
(a) Procedures. -- A manufacturer of motor vehicles sold in the State shall establish procedures under which each consumer in the State who owns or leases a motor vehicle to which an adjustment program of the manufacturer applies:

(1) Is notified of the adjustment program;

(2) On request, is provided with a copy of any service bulletin or any other document issued by the manufacturer pertaining to an adjustment program or to a condition that may substantially affect motor vehicle durability, reliability, or performance; and

(3) Within 90 days after the establishment of a new adjustment program, is sent written notice by first-class mail of the terms and conditions of the adjustment program.

(b) Notice of rights and remedies. --

(1) A manufacturer of motor vehicles sold in the State shall ensure that the purchaser of a new motor vehicle receives, at the time of purchase, a written notice describing the rights and remedies provided under this section.

(2) The written notice shall be considered sufficient if stated in substantially the following form: "Sometimes (insert manufacturer's name) offers a special adjustment program to pay all or part of the cost of certain repairs beyond the terms of the warranty. Check with your dealer to determine whether any adjustment program is applicable to your motor vehicle."

(c) Information to dealers. -- A manufacturer shall provide to its dealers information about each adjustment program of the manufacturer in a format that facilitates the disclosure of the terms and conditions of the adjustment program to a consumer seeking repairs at the dealer's repair facility.

(d) Reimbursement. --

(1) A manufacturer that establishes an adjustment program shall implement procedures to ensure reimbursement of each consumer who:

(i) Is eligible under the adjustment program; and

(ii) Incurs expenses for the repair of a condition subject to the adjustment program before the consumer knows about the adjustment program.

(2) Reimbursement under this subsection shall be consistent with the terms and conditions of the particular adjustment program.

(3) (i) A consumer shall make a claim for reimbursement under this subsection in writing to the manufacturer within the later of:

1. 2 years after the date of the consumer's payment for the repair of the condition; or

2. 1 year after the date the manufacturer sends the notice required under subsection (a)(3) of this section.

(ii) The manufacturer shall notify the consumer within 21 business days after receiving a claim for reimbursement whether the claim will be approved or denied.

(iii) If the claim is denied, the manufacturer shall state in writing the specific reasons for the denial.
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Md. Com. L. Code Ann. §14-1403. Violations.
A violation of this subtitle is:

(1) An unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Subject to the enforcement and penalty provisions contained in Title 13 of this article.


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Md. Com. L. Code Ann. §14-1403. Violations.
A violation of this subtitle is:

(1) An unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Subject to the enforcement and penalty provisions contained in Title 13 of this article.


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Md. Com. L. Code Ann. § 14-1501. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Consumer. -- "Consumer" means:

(1) The purchaser, other than for purposes of resale, of a new motor vehicle;

(2) Any person to whom a new motor vehicle is transferred during the duration of the warranty applicable to such motor vehicle; or

(3) Any other person who is entitled to enforce the obligations of the warranty.

(c) Dealer. -- "Dealer" has the meaning provided in § 15-101(c) of the Transportation Article.

(d) Manufacturer, factory branch, or distributor. -- "Manufacturer, factory branch, or distributor" means a person, partnership, association, corporation, or entity engaged in the business of manufacturing or assembling motor vehicles or of distributing motor vehicles to motor vehicle dealers as defined in § 15-201(b), (c), and (e) of the Transportation Article.

(e) Manufacturer's warranty period. --

(1) "Manufacturer's warranty period" means the earlier of:

(i) The period of the motor vehicle's first 18,000 miles of operation; or

(ii) 24 months following the date of original delivery of the motor vehicle to the consumer.

(2) This subsection does not extend any manufacturer's express warranty.

(f) Motor vehicle. --

(1) "Motor vehicle" means a vehicle that is registered in this State as a:

(i) Class A (passenger) vehicle;

(ii) Class D (motorcycle) vehicle;

(iii) Class E (truck) vehicle with a 3/4 ton or less manufacturer's rated capacity; or

(iv) Class M (multipurpose) vehicle.

(2) "Motor vehicle" does not include a motor home. For the purpose of administering this subtitle, the Motor Vehicle Administration shall promulgate a regulation defining a motor home.

(g) Warranty. -- "Warranty" means warranties as defined in §§ 2-312, 2-313, 2-314, and 2-315 of this article.


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Md. Com. L. Code Ann. § 14-1501. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Consumer. -- "Consumer" means:

(1) The purchaser, other than for purposes of resale, of a new motor vehicle;

(2) Any person to whom a new motor vehicle is transferred during the duration of the warranty applicable to such motor vehicle; or

(3) Any other person who is entitled to enforce the obligations of the warranty.

(c) Dealer. -- "Dealer" has the meaning provided in § 15-101(c) of the Transportation Article.

(d) Manufacturer, factory branch, or distributor. -- "Manufacturer, factory branch, or distributor" means a person, partnership, association, corporation, or entity engaged in the business of manufacturing or assembling motor vehicles or of distributing motor vehicles to motor vehicle dealers as defined in § 15-201(b), (c), and (e) of the Transportation Article.

(e) Manufacturer's warranty period. --

(1) "Manufacturer's warranty period" means the earlier of:

(i) The period of the motor vehicle's first 18,000 miles of operation; or

(ii) 24 months following the date of original delivery of the motor vehicle to the consumer.

(2) This subsection does not extend any manufacturer's express warranty.

(f) Motor vehicle. --

(1) "Motor vehicle" means a vehicle that is registered in this State as a:

(i) Class A (passenger) vehicle;

(ii) Class D (motorcycle) vehicle;

(iii) Class E (truck) vehicle with a 3/4 ton or less manufacturer's rated capacity; or

(iv) Class M (multipurpose) vehicle.

(2) "Motor vehicle" does not include a motor home. For the purpose of administering this subtitle, the Motor Vehicle Administration shall promulgate a regulation defining a motor home.

(g) Warranty. -- "Warranty" means warranties as defined in §§ 2-312, 2-313, 2-314, and 2-315 of this article.


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Md. Com. L. Code Ann. § 14-1502. Automobile warranty enforcement
(a) Warranty period limitations to be specified in warranty. -- If the manufacturer's warranty period is to include those miles of operation when the new motor vehicle is in the possession of any person other than the consumer, the manufacturer shall state that fact in 12 point boldface type in the manufacturer's written warranty.

(b) Correction of defects. --

(1) If a new motor vehicle does not conform to all applicable warranties during the warranty period, the consumer shall, during such period, report the nonconformity, defect, or condition by giving written notice to the manufacturer or factory branch by certified mail, return receipt requested. Notice of this procedure shall be conspicuously disclosed to the consumer in writing at the time of sale or delivery of the motor vehicle.

(2) The consumer shall provide an opportunity for the manufacturer or factory branch, or its agent to cure the nonconformity, defect, or condition.

(3) The manufacturer or factory branch, its agent, or its authorized dealer shall correct the nonconformity, defect, or condition at no charge to the consumer, even if repairs are made after the expiration of the warranty period. The corrections shall be completed within 30 days of the manufacturer's receipt of the consumer's notification of the nonconformity, defect, or condition.

(c) Uncorrectable defects. --

(1) If, during the warranty period, the manufacturer or factory branch, its agent, or its authorized dealer is unable to repair or correct any defect or condition that substantially impairs the use and market value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer or factory branch, at the option of the consumer, shall:

(i) Replace the motor vehicle with a comparable motor vehicle acceptable to the consumer; or

(ii) Accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price including all license fees, registration fees, and any similar governmental charges, less:

1. A reasonable allowance for the consumer's use of the vehicle not to exceed 15 percent of the purchase price; and

2. A reasonable allowance for damage not attributable to normal wear but not to include damage resulting from a nonconformity, defect, or condition.

(2) The manufacturer or factory branch shall make refunds under this section to the consumer and lienholder, if any, as their interests appear on the records of ownership maintained by the Motor Vehicle Administration.

(3) It is an affirmative defense to any claim under this section that the nonconformity, defect, or condition:

(i) Does not substantially impair the use and market value of the motor vehicle; or

(ii) Is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle.

(d) Reasonable number of attempts. -- It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable warranties if:

(1) The same nonconformity, defect, or condition has been subject to repair 4 or more times by the manufacturer or factory branch, or its agents or authorized dealers, within the warranty period but such nonconformity, defect, or condition continues to exist;

(2) The vehicle is out of service by reason of repair of 1 or more nonconformities, defects, or conditions for a cumulative total of 30 or more days during the warranty period; or

(3) A nonconformity, defect, or condition resulting in failure of the braking or steering system has been subject to the same repair at least once within the warranty period, and the manufacturer has been notified and given the opportunity to cure the defect, and the repair does not bring the vehicle into compliance with the motor vehicle safety inspection laws of the State.

(e) Extensions. -- The term of any warranty, the warranty period, and the 30 day out of service period shall be extended by any time during which repair services are not available to the consumer by reason of war, invasion, strike, or fire, flood, or other natural disaster.

(f) Notification. --

(1) (i) It shall be the duty of a dealer to notify the manufacturer of the existence of a nonconformity, defect, or condition within 7 days when the motor vehicle is delivered to the same dealer for a fourth time for repair of the same nonconformity or when the vehicle is out of service by reason of repair of one or more nonconformities, defects, or conditions for a cumulative total of 20 days.

(ii) The notification shall be sent by certified mail and a copy of the notification shall be sent to the Motor Vehicle Administration; however, failure of the dealer to give the required notice required under this subsection shall not affect the consumer's right under this subtitle.

(2) If a motor vehicle is returned to a manufacturer or factory branch either under this subtitle, or by judgment, decree, arbitration award, or by voluntary agreement, the manufacturer or factory branch shall notify the Motor Vehicle Administration in writing within 15 days of the fact that the vehicle was returned.

(g) Transfer and resale. --

(1) (i) If a motor vehicle that is returned to the manufacturer under either this subtitle or by judgment, decree, arbitration award, settlement agreement, or by voluntary agreement in this or any other state and is then transferred to a dealer in Maryland, the manufacturer shall disclose this information to the dealer.

(ii) The manufacturer's disclosure under this paragraph shall be in writing on a separate piece of paper in 10 point all capital type and shall state in a clear and conspicuous manner:

1. That the motor vehicle was returned to the manufacturer or factory branch;

2. The nature of the defect, if any, that resulted in the return; and

3. The condition of the motor vehicle at the time that it is transferred to the dealer.

(2) (i) If the returned vehicle is then made available for resale, the seller shall provide a copy of the manufacturer's disclosure form to the consumer prior to sale.

(ii) If the returned vehicle is sold, the seller shall send a copy of the manufacturer's disclosure form, signed by the consumer, to the Administration.

(h) Other law. -- This section does not limit the rights or remedies that are otherwise available to a consumer under any other law, including any implied warranties.

(i) Informal dispute settlement procedure. --

(1) If a manufacturer or factory branch has established an informal dispute settlement procedure which complies in all respects with the provisions of Title 16, Code of Federal Regulations, Part 703, as amended, a consumer may resort to that procedure before subsection (c) of this section applies.

(2) A consumer who has resorted to an informal dispute settlement procedure may not be precluded from seeking the rights or remedies available by law.

(j) Waiver; transferability. --

(1) Any agreement entered into by a consumer for the purchase of a new motor vehicle that waives, limits, or disclaims the rights set forth in this section shall be void.

(2) The rights available to a consumer under this section shall inure to a subsequent transferee of a new motor vehicle for the duration of the applicable warranties.

(k) Statute of limitations. -- Any action brought under this section shall be commenced within 3 years of the date of original delivery of the motor vehicle to the consumer.

(l) Attorney's fees. --

(1) A court may award reasonable attorney's fees to a prevailing plaintiff under this section.

(2) If it appears to the satisfaction of the court that an action is brought in bad faith or is of a frivolous nature, the court may order the offending party to pay to the other party reasonable attorney's fees.

(m) Exception. -- This subtitle does not apply to a fleet purchase of five or more motor vehicles.


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Md. Com. L. Code Ann. § 14-1502. Automobile warranty enforcement
(a) Warranty period limitations to be specified in warranty. -- If the manufacturer's warranty period is to include those miles of operation when the new motor vehicle is in the possession of any person other than the consumer, the manufacturer shall state that fact in 12 point boldface type in the manufacturer's written warranty.

(b) Correction of defects. --

(1) If a new motor vehicle does not conform to all applicable warranties during the warranty period, the consumer shall, during such period, report the nonconformity, defect, or condition by giving written notice to the manufacturer or factory branch by certified mail, return receipt requested. Notice of this procedure shall be conspicuously disclosed to the consumer in writing at the time of sale or delivery of the motor vehicle.

(2) The consumer shall provide an opportunity for the manufacturer or factory branch, or its agent to cure the nonconformity, defect, or condition.

(3) The manufacturer or factory branch, its agent, or its authorized dealer shall correct the nonconformity, defect, or condition at no charge to the consumer, even if repairs are made after the expiration of the warranty period. The corrections shall be completed within 30 days of the manufacturer's receipt of the consumer's notification of the nonconformity, defect, or condition.

(c) Uncorrectable defects. --

(1) If, during the warranty period, the manufacturer or factory branch, its agent, or its authorized dealer is unable to repair or correct any defect or condition that substantially impairs the use and market value of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer or factory branch, at the option of the consumer, shall:

(i) Replace the motor vehicle with a comparable motor vehicle acceptable to the consumer; or

(ii) Accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price including all license fees, registration fees, and any similar governmental charges, less:

1. A reasonable allowance for the consumer's use of the vehicle not to exceed 15 percent of the purchase price; and

2. A reasonable allowance for damage not attributable to normal wear but not to include damage resulting from a nonconformity, defect, or condition.

(2) The manufacturer or factory branch shall make refunds under this section to the consumer and lienholder, if any, as their interests appear on the records of ownership maintained by the Motor Vehicle Administration.

(3) It is an affirmative defense to any claim under this section that the nonconformity, defect, or condition:

(i) Does not substantially impair the use and market value of the motor vehicle; or

(ii) Is the result of abuse, neglect, or unauthorized modifications or alterations of the motor vehicle.

(d) Reasonable number of attempts. -- It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable warranties if:

(1) The same nonconformity, defect, or condition has been subject to repair 4 or more times by the manufacturer or factory branch, or its agents or authorized dealers, within the warranty period but such nonconformity, defect, or condition continues to exist;

(2) The vehicle is out of service by reason of repair of 1 or more nonconformities, defects, or conditions for a cumulative total of 30 or more days during the warranty period; or

(3) A nonconformity, defect, or condition resulting in failure of the braking or steering system has been subject to the same repair at least once within the warranty period, and the manufacturer has been notified and given the opportunity to cure the defect, and the repair does not bring the vehicle into compliance with the motor vehicle safety inspection laws of the State.

(e) Extensions. -- The term of any warranty, the warranty period, and the 30 day out of service period shall be extended by any time during which repair services are not available to the consumer by reason of war, invasion, strike, or fire, flood, or other natural disaster.

(f) Notification. --

(1) (i) It shall be the duty of a dealer to notify the manufacturer of the existence of a nonconformity, defect, or condition within 7 days when the motor vehicle is delivered to the same dealer for a fourth time for repair of the same nonconformity or when the vehicle is out of service by reason of repair of one or more nonconformities, defects, or conditions for a cumulative total of 20 days.

(ii) The notification shall be sent by certified mail and a copy of the notification shall be sent to the Motor Vehicle Administration; however, failure of the dealer to give the required notice required under this subsection shall not affect the consumer's right under this subtitle.

(2) If a motor vehicle is returned to a manufacturer or factory branch either under this subtitle, or by judgment, decree, arbitration award, or by voluntary agreement, the manufacturer or factory branch shall notify the Motor Vehicle Administration in writing within 15 days of the fact that the vehicle was returned.

(g) Transfer and resale. --

(1) (i) If a motor vehicle that is returned to the manufacturer under either this subtitle or by judgment, decree, arbitration award, settlement agreement, or by voluntary agreement in this or any other state and is then transferred to a dealer in Maryland, the manufacturer shall disclose this information to the dealer.

(ii) The manufacturer's disclosure under this paragraph shall be in writing on a separate piece of paper in 10 point all capital type and shall state in a clear and conspicuous manner:

1. That the motor vehicle was returned to the manufacturer or factory branch;

2. The nature of the defect, if any, that resulted in the return; and

3. The condition of the motor vehicle at the time that it is transferred to the dealer.

(2) (i) If the returned vehicle is then made available for resale, the seller shall provide a copy of the manufacturer's disclosure form to the consumer prior to sale.

(ii) If the returned vehicle is sold, the seller shall send a copy of the manufacturer's disclosure form, signed by the consumer, to the Administration.

(h) Other law. -- This section does not limit the rights or remedies that are otherwise available to a consumer under any other law, including any implied warranties.

(i) Informal dispute settlement procedure. --

(1) If a manufacturer or factory branch has established an informal dispute settlement procedure which complies in all respects with the provisions of Title 16, Code of Federal Regulations, Part 703, as amended, a consumer may resort to that procedure before subsection (c) of this section applies.

(2) A consumer who has resorted to an informal dispute settlement procedure may not be precluded from seeking the rights or remedies available by law.

(j) Waiver; transferability. --

(1) Any agreement entered into by a consumer for the purchase of a new motor vehicle that waives, limits, or disclaims the rights set forth in this section shall be void.

(2) The rights available to a consumer under this section shall inure to a subsequent transferee of a new motor vehicle for the duration of the applicable warranties.

(k) Statute of limitations. -- Any action brought under this section shall be commenced within 3 years of the date of original delivery of the motor vehicle to the consumer.

(l) Attorney's fees. --

(1) A court may award reasonable attorney's fees to a prevailing plaintiff under this section.

(2) If it appears to the satisfaction of the court that an action is brought in bad faith or is of a frivolous nature, the court may order the offending party to pay to the other party reasonable attorney's fees.

(m) Exception. -- This subtitle does not apply to a fleet purchase of five or more motor vehicles.


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Md. Com. L. Code Ann. §14-1503. Recovery of excise taxes

(a) Conditions under which taxes recoverable. --

(1) If a dealer, manufacturer, factory branch, or distributor is required under a judgment, decree, arbitration award, or settlement agreement to accept, or by voluntary agreement accepts, return of a motor vehicle from a consumer, the consumer shall be entitled to recover from the Motor Vehicle Administration the excise taxes originally paid by the consumer, subject to subsection (b) of this section.

(2) (i) If a dealer, manufacturer, factory branch, or distributor replaces a motor vehicle with a comparable motor vehicle under § 14-1502 (c) (1) (i) of this subtitle, the Motor Vehicle Administration shall allow a credit against the excise tax imposed for the replacement vehicle in the amount of the excise taxes originally paid by the consumer for the returned vehicle, subject to subsection (b) of this section.

(ii) 1. If the excise tax on the replacement vehicle exceeds the credit allowed under subparagraph (i) of this paragraph, the dealer shall collect only that portion of excise tax due; or

2. If the excise tax on the vehicle being replaced exceeds the excise tax on the replacement vehicle, the consumer shall be entitled to recover from the Motor Vehicle Administration the excess of the excise tax paid.

(b) Calculation of taxes. -- The excise taxes that a consumer is entitled to recover under this section shall be calculated based on the amount of the purchase price or any portion of the purchase price of the motor vehicle that the dealer, manufacturer, factory branch, or distributor refunds to the consumer.

(c) Notification. -- A dealer, manufacturer, factory branch, or distributor who is required under a judgment, decree, arbitration award, or settlement agreement to accept, or who accepts, by voluntary agreement, return of a motor vehicle shall notify the consumer in writing that the consumer is entitled to recover the excise taxes from the Motor Vehicle Administration.


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Md. Com. L. Code Ann. §14-1503. Recovery of excise taxes

(a) Conditions under which taxes recoverable. --

(1) If a dealer, manufacturer, factory branch, or distributor is required under a judgment, decree, arbitration award, or settlement agreement to accept, or by voluntary agreement accepts, return of a motor vehicle from a consumer, the consumer shall be entitled to recover from the Motor Vehicle Administration the excise taxes originally paid by the consumer, subject to subsection (b) of this section.

(2) (i) If a dealer, manufacturer, factory branch, or distributor replaces a motor vehicle with a comparable motor vehicle under § 14-1502 (c) (1) (i) of this subtitle, the Motor Vehicle Administration shall allow a credit against the excise tax imposed for the replacement vehicle in the amount of the excise taxes originally paid by the consumer for the returned vehicle, subject to subsection (b) of this section.

(ii) 1. If the excise tax on the replacement vehicle exceeds the credit allowed under subparagraph (i) of this paragraph, the dealer shall collect only that portion of excise tax due; or

2. If the excise tax on the vehicle being replaced exceeds the excise tax on the replacement vehicle, the consumer shall be entitled to recover from the Motor Vehicle Administration the excess of the excise tax paid.

(b) Calculation of taxes. -- The excise taxes that a consumer is entitled to recover under this section shall be calculated based on the amount of the purchase price or any portion of the purchase price of the motor vehicle that the dealer, manufacturer, factory branch, or distributor refunds to the consumer.

(c) Notification. -- A dealer, manufacturer, factory branch, or distributor who is required under a judgment, decree, arbitration award, or settlement agreement to accept, or who accepts, by voluntary agreement, return of a motor vehicle shall notify the consumer in writing that the consumer is entitled to recover the excise taxes from the Motor Vehicle Administration.


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Md. Com. L. Code Ann. § 14-1504. Violation of subtitle is unfair and deceptive trade practice; damages
(a) Violation of subtitle is unfair and deceptive trade practice. -- A violation of this subtitle shall be an unfair or deceptive trade practice under Title 13 of this article.

(b) Damages. -- In addition to any other remedies that may be available under this subtitle, if a manufacturer, factory branch, or distributor is found to have acted in bad faith, the court may award the consumer damages of up to $ 10,000.

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Md. Com. L. Code Ann. § 14-1504. Violation of subtitle is unfair and deceptive trade practice; damages
(a) Violation of subtitle is unfair and deceptive trade practice. -- A violation of this subtitle shall be an unfair or deceptive trade practice under Title 13 of this article.

(b) Damages. -- In addition to any other remedies that may be available under this subtitle, if a manufacturer, factory branch, or distributor is found to have acted in bad faith, the court may award the consumer damages of up to $ 10,000.

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Md. Com. L. Code Ann. § 14-1601. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Official rating. -- "Official rating" means an official rating of the Motion Picture Association of America.

(c) Person. -- "Person" means an individual, corporation, partnership, or any other legal or commercial entity.

(d) Video movie. -- "Video movie" means a videotape or video disc copy of a motion picture film.

Md. Com. L. Code Ann. § 14-1601. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Official rating. -- "Official rating" means an official rating of the Motion Picture Association of America.

(c) Person. -- "Person" means an individual, corporation, partnership, or any other legal or commercial entity.

(d) Video movie. -- "Video movie" means a videotape or video disc copy of a motion picture film.

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Md. Com. L. Code Ann. § 14-1602. Display of rating on outside of cassette, etc

(a) Required. -- A person may not sell at retail or rent, or attempt to sell at retail or rent, a video movie in this State unless the official rating of the motion picture from which it is copied is clearly displayed on the outside of any cassette, case, jacket, or other covering of the video movie.

(b) Exception. -- Subsection (a) of this section does not apply to any video movie of a motion picture which:

(1) Has not been given an official rating; or

(2) Has been altered in any way subsequent to receiving an official rating.

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Md. Com. L. Code Ann. § 14-1602. Display of rating on outside of cassette, etc

(a) Required. -- A person may not sell at retail or rent, or attempt to sell at retail or rent, a video movie in this State unless the official rating of the motion picture from which it is copied is clearly displayed on the outside of any cassette, case, jacket, or other covering of the video movie.

(b) Exception. -- Subsection (a) of this section does not apply to any video movie of a motion picture which:

(1) Has not been given an official rating; or

(2) Has been altered in any way subsequent to receiving an official rating.

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Md. Com. L. Code Ann. §14-1602.1. Membership contracts in video clubs

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Member" means a person who has a membership in a video club.

(3) (i) "Membership" means an agreement between a video club and a member that enables the member to buy or rent a video or video equipment from the video club under circumstances specified in a membership contract.

(ii) "Membership" does not include sales by mail.

(4) (i) "Video" means a videotape or video disc copy of a motion picture film, television show, or recording of a live event.

(ii) "Video" includes a video movie as defined in § 14-1601(d) of this article.

(5) "Video club" means a person, corporation, partnership, or any commercial entity that is in the business of selling at retail or renting videos or video equipment.

(6) "Video equipment" includes a videotape or video disc player or recorder.

(b) Required provisions. -- Any agreement or contract for membership in a video club that requires a member to leave a signed credit card authorization with the video club shall include provisions that:

(1) Specify the maximum amount and type of fees that the video club may charge to a member on the member's signed credit card authorization without the member's approval, as each fee is charged; and

(2) State the maximum length of time, which may be no longer than 6 months, that the video club may charge fees to a member under paragraph (1) of this subsection before the video club shall renew the member's credit card authorization.


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Md. Com. L. Code Ann. §14-1602.1. Membership contracts in video clubs

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Member" means a person who has a membership in a video club.

(3) (i) "Membership" means an agreement between a video club and a member that enables the member to buy or rent a video or video equipment from the video club under circumstances specified in a membership contract.

(ii) "Membership" does not include sales by mail.

(4) (i) "Video" means a videotape or video disc copy of a motion picture film, television show, or recording of a live event.

(ii) "Video" includes a video movie as defined in § 14-1601(d) of this article.

(5) "Video club" means a person, corporation, partnership, or any commercial entity that is in the business of selling at retail or renting videos or video equipment.

(6) "Video equipment" includes a videotape or video disc player or recorder.

(b) Required provisions. -- Any agreement or contract for membership in a video club that requires a member to leave a signed credit card authorization with the video club shall include provisions that:

(1) Specify the maximum amount and type of fees that the video club may charge to a member on the member's signed credit card authorization without the member's approval, as each fee is charged; and

(2) State the maximum length of time, which may be no longer than 6 months, that the video club may charge fees to a member under paragraph (1) of this subsection before the video club shall renew the member's credit card authorization.


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Md. Com. L. Code Ann. § 14-1603. Penalty

Any person who sells or rents, or attempts to sell or rent, a video movie in violation of this subtitle shall be guilty of a misdemeanor and subject to a fine not to exceed $ 25 for each violation.


Md. Com. L. Code Ann. § 14-1603. Penalty

Any person who sells or rents, or attempts to sell or rent, a video movie in violation of this subtitle shall be guilty of a misdemeanor and subject to a fine not to exceed $ 25 for each violation.


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Md. Com. L. Code Ann. § 14-1701. Definitions
(a) In general. -- In this subtitle the following terms have the meanings indicated.

(b) Adverse action. --

(1) "Adverse action" means a denial or revocation of credit, a change in the terms of an existing credit arrangement, or a refusal to grant credit in substantially the amount or on substantially the terms requested.

(2) "Adverse action" does not include a refusal to extend additional credit under an existing credit arrangement where the applicant is delinquent or otherwise in default, or where such additional credit would exceed a previously established credit limit.

(c) File. -- "File" means file as defined in § 14-1201 (g) of this title.

(d) Lender; credit grantor. -- "Lender" or "credit grantor" means:

(1) Any lender or credit grantor regulated under Title 12 of this article; or

(2) A credit union making a loan under § 6-601 (e) of the Financial Institutions Article.

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Md. Com. L. Code Ann. § 14-1701. Definitions
(a) In general. -- In this subtitle the following terms have the meanings indicated.

(b) Adverse action. --

(1) "Adverse action" means a denial or revocation of credit, a change in the terms of an existing credit arrangement, or a refusal to grant credit in substantially the amount or on substantially the terms requested.

(2) "Adverse action" does not include a refusal to extend additional credit under an existing credit arrangement where the applicant is delinquent or otherwise in default, or where such additional credit would exceed a previously established credit limit.

(c) File. -- "File" means file as defined in § 14-1201 (g) of this title.

(d) Lender; credit grantor. -- "Lender" or "credit grantor" means:

(1) Any lender or credit grantor regulated under Title 12 of this article; or

(2) A credit union making a loan under § 6-601 (e) of the Financial Institutions Article.

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Md. Com. L. Code Ann. § 14-1702. Notice of action upon application for credit
(a) In general. -- Notwithstanding any other provision of this article, within 30 days after receipt of a completed application for credit, a lender or credit grantor shall notify the applicant of its action on the application.

(b) Statement required upon adverse action or denial of application. -- Notwithstanding any other provision of this article, if the lender or credit grantor has acted adversely against or denied an application for credit by a consumer, that lender must furnish the consumer with a written statement.

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Md. Com. L. Code Ann. § 14-1702. Notice of action upon application for credit
(a) In general. -- Notwithstanding any other provision of this article, within 30 days after receipt of a completed application for credit, a lender or credit grantor shall notify the applicant of its action on the application.

(b) Statement required upon adverse action or denial of application. -- Notwithstanding any other provision of this article, if the lender or credit grantor has acted adversely against or denied an application for credit by a consumer, that lender must furnish the consumer with a written statement.

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Md. Com. L. Code Ann. § 14-1703. Contents of statement -- In general
The written statement required by § 14-1702 of this subtitle shall disclose to the applicant:

(1) The applicant's right to a statement of reasons within 30 days after receipt by the lender or credit grantor of a request made within 60 days after notification, made under § 14-1702 (a) of this subtitle;

(2) The identity of the person or office from which the statement of reasons may be obtained; and

(3) The right of the applicant to have the statement of reasons confirmed in writing on written request.


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Md. Com. L. Code Ann. § 14-1703. Contents of statement -- In general
The written statement required by § 14-1702 of this subtitle shall disclose to the applicant:

(1) The applicant's right to a statement of reasons within 30 days after receipt by the lender or credit grantor of a request made within 60 days after notification, made under § 14-1702 (a) of this subtitle;

(2) The identity of the person or office from which the statement of reasons may be obtained; and

(3) The right of the applicant to have the statement of reasons confirmed in writing on written request.


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Md. Com. L. Code Ann. § 14-1704. Same -- Specific reasons for adverse action

The written statement of reasons only meets the requirements of this subtitle if it contains the specific reasons for any adverse action taken.

Md. Com. L. Code Ann. § 14-1704. Same -- Specific reasons for adverse action

The written statement of reasons only meets the requirements of this subtitle if it contains the specific reasons for any adverse action taken.

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Md. Com. L. Code Ann. § 14-1705. Effect of compliance with federal Consumer Credit Protection Act

Notwithstanding any other provisions of this subtitle, compliance with Subchapter IV of the federal Consumer Credit Protection Act and regulations promulgated thereunder shall constitute compliance with this subtitle.

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Md. Com. L. Code Ann. § 14-1705. Effect of compliance with federal Consumer Credit Protection Act

Notwithstanding any other provisions of this subtitle, compliance with Subchapter IV of the federal Consumer Credit Protection Act and regulations promulgated thereunder shall constitute compliance with this subtitle.

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Md. Com. L. Code Ann. § 14-1706. Complaint; investigation and hearing; cease and desist order

(a) Complaint; hearing and investigation. -- If a written complaint for violation of any provision of this subtitle or any other law of this State regulating loans or other extensions of credit is filed with the Commissioner of Financial Regulation, the Commissioner may investigate the complaint and hold a hearing on it in accordance with § 11-413 of the Financial Institutions Article.

(b) Notice of complaint and hearing. --

(1) The Commissioner shall give to the credit grantor against whom a complaint is filed written notice of the complaint and the time and place of any hearing.

(2) The notice shall:

(i) Be in writing; and

(ii) Be sent by certified mail, return receipt requested, to the credit grantor's principal place of business at least 10 days prior to the date of the hearing.

(c) Cease and desist order -- In general. --

(1) If, after the hearing, the Commissioner finds that the credit grantor has engaged or is engaging in any act or practice prohibited by this subtitle, the Commissioner shall order the person to cease and desist from the act or practice.

(2) The order of the Commissioner shall comply with the Administrative Procedure Act.

(d) Same -- Finality. --

(1) If no appeal is filed, the order becomes final after expiration of the time allowed by the Administrative Procedure Act for appeals from the Commissioner's orders.

(2) If an appeal is filed, the order becomes final after a final decision of a court affirming the order or dismissing the appeal.

(e) Same -- Applicability. -- For the purposes of this section, the Commissioner's order may not apply to any:

(1) Incorporated bank, savings institution, or trust company;

(2) Savings and loan association; or

(3) Federal or State credit union.


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Md. Com. L. Code Ann. § 14-1706. Complaint; investigation and hearing; cease and desist order

(a) Complaint; hearing and investigation. -- If a written complaint for violation of any provision of this subtitle or any other law of this State regulating loans or other extensions of credit is filed with the Commissioner of Financial Regulation, the Commissioner may investigate the complaint and hold a hearing on it in accordance with § 11-413 of the Financial Institutions Article.

(b) Notice of complaint and hearing. --

(1) The Commissioner shall give to the credit grantor against whom a complaint is filed written notice of the complaint and the time and place of any hearing.

(2) The notice shall:

(i) Be in writing; and

(ii) Be sent by certified mail, return receipt requested, to the credit grantor's principal place of business at least 10 days prior to the date of the hearing.

(c) Cease and desist order -- In general. --

(1) If, after the hearing, the Commissioner finds that the credit grantor has engaged or is engaging in any act or practice prohibited by this subtitle, the Commissioner shall order the person to cease and desist from the act or practice.

(2) The order of the Commissioner shall comply with the Administrative Procedure Act.

(d) Same -- Finality. --

(1) If no appeal is filed, the order becomes final after expiration of the time allowed by the Administrative Procedure Act for appeals from the Commissioner's orders.

(2) If an appeal is filed, the order becomes final after a final decision of a court affirming the order or dismissing the appeal.

(e) Same -- Applicability. -- For the purposes of this section, the Commissioner's order may not apply to any:

(1) Incorporated bank, savings institution, or trust company;

(2) Savings and loan association; or

(3) Federal or State credit union.


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Md. Com. L. Code Ann. § 14-1801. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Consumer. -- "Consumer" has the same meaning as that term has in Title 13 of this article.

(c) Dealer. -- "Dealer" means a person who engages in the business of selling or leasing household goods to consumers residing in Maryland.

(d) Estimated delivery date. -- "Estimated delivery date" means the date established under § 14-1802 or § 14-1803 of this subtitle on which the dealer reasonably anticipates to deliver the ordered household good to the consumer.

(e) Household good. --

(1) "Household good" means any article or set of articles used to furnish or supply a residential dwelling such as a sofa, cabinet, rug, carpeting, washing machine, refrigerator, television, dining room set, or range.

(2) "Household good" does not include:

(i) Any article taken by the consumer on the date the article was ordered;

(ii) Any article ordered by mail; or

(iii) Any permanent fixture.

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Md. Com. L. Code Ann. § 14-1801. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Consumer. -- "Consumer" has the same meaning as that term has in Title 13 of this article.

(c) Dealer. -- "Dealer" means a person who engages in the business of selling or leasing household goods to consumers residing in Maryland.

(d) Estimated delivery date. -- "Estimated delivery date" means the date established under § 14-1802 or § 14-1803 of this subtitle on which the dealer reasonably anticipates to deliver the ordered household good to the consumer.

(e) Household good. --

(1) "Household good" means any article or set of articles used to furnish or supply a residential dwelling such as a sofa, cabinet, rug, carpeting, washing machine, refrigerator, television, dining room set, or range.

(2) "Household good" does not include:

(i) Any article taken by the consumer on the date the article was ordered;

(ii) Any article ordered by mail; or

(iii) Any permanent fixture.

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Md. Com. L. Code Ann. § 14-1802. Information provided consumer by dealer
(a) Estimated delivery date; notice of agreement of sale or lease. -- Notwithstanding any other provision of this article, when a consumer orders a household good, the dealer shall provide to the consumer:

(1) An estimated delivery date written clearly and conspicuously on any document evidencing the agreement of sale or lease for the household good; and

(2) A statement that is part of or accompanies the document evidencing the agreement of sale or lease for the household good and is in boldface type of a minimum size of 10 points which is in substantially the following form:

If the dealer fails to provide you, the buyer, with an estimated delivery date or fails to deliver the ordered household good within 2 weeks of the estimated delivery date, you may (1) cancel the contract and receive a full refund or credit equal to your deposit, (2) modify the contract by selecting another household good, or (3) negotiate with the dealer a new delivery date. The dealer is not required to allow you to exercise these rights if the dealer cannot cancel the order with the manufacturer or supplier.

(b) Factors bearing on estimated delivery date. -- The estimated delivery date shall take into account the manufacturer's or supplier's instructions, recent delivery experience with the manufacturer or supplier, and the dealer's own delivery schedules
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Md. Com. L. Code Ann. § 14-1802. Information provided consumer by dealer
(a) Estimated delivery date; notice of agreement of sale or lease. -- Notwithstanding any other provision of this article, when a consumer orders a household good, the dealer shall provide to the consumer:

(1) An estimated delivery date written clearly and conspicuously on any document evidencing the agreement of sale or lease for the household good; and

(2) A statement that is part of or accompanies the document evidencing the agreement of sale or lease for the household good and is in boldface type of a minimum size of 10 points which is in substantially the following form:

If the dealer fails to provide you, the buyer, with an estimated delivery date or fails to deliver the ordered household good within 2 weeks of the estimated delivery date, you may (1) cancel the contract and receive a full refund or credit equal to your deposit, (2) modify the contract by selecting another household good, or (3) negotiate with the dealer a new delivery date. The dealer is not required to allow you to exercise these rights if the dealer cannot cancel the order with the manufacturer or supplier.

(b) Factors bearing on estimated delivery date. -- The estimated delivery date shall take into account the manufacturer's or supplier's instructions, recent delivery experience with the manufacturer or supplier, and the dealer's own delivery schedules
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Md. Com. L. Code Ann. §14-1803. Noncompliance by dealer

(a) Remedies of consumer. -- Notwithstanding any other provision of this article, if the dealer fails to provide the consumer with any estimated date required by this subtitle or fails to deliver the household good to the consumer within 2 weeks of the latest estimated delivery date properly established under this subtitle, the consumer may:

(1) Cancel the contract and receive a full refund;

(2) Cancel the contract and receive a credit equal to the deposit;

(3) Negotiate with the dealer a new delivery date; or

(4) Modify the contract by selecting other household goods.

(b) Consumer's request for refund or credit. --

(1) If a consumer cancels a contract and requests a full refund or credit, the dealer shall provide to the consumer the full refund or credit within 2 weeks of the consumer's request.

(2) At the dealer's option, the dealer may, immediately following the consumer's request for a full refund or credit, require the consumer to sign a written request for the full refund or credit on a dealer's self-addressed postcard or a form which shall include a dealer's self-addressed envelope, to be supplied to the consumer by the dealer.

(c) Applicability of provisions. -- The provisions of this section do not apply if:

(1) Due primarily to the conduct of the consumer, a delivery prearranged between the dealer and the consumer was unsuccessful and, following the unsuccessful attempt to deliver, the dealer provided written or oral notice of the attempted delivery to the consumer;

(2) The delay in delivery is caused by a work stoppage or an act of God; or

(3) The dealer's inability to deliver by the estimated date is due to the manufacturer's or supplier's failure to deliver to the dealer in a timely manner the household goods as ordered, and where:

(i) Despite good faith efforts to cancel the contract with the manufacturer, the dealer is liable to the manufacturer or supplier to complete the purchase under applicable law; and

(ii) The dealer's liability to the manufacturer or supplier is not caused by the dealer's delay in canceling the order when requested by the consumer.

(d) Record of notice of attempted delivery to consumer. --

(1) If oral notice is given under subsection (c) (1) of this section, the dealer shall record in writing, the date and time of the notification and the signature of the person who made the notification.

(2) In the event that paragraph (2) or (3) of subsection (c) of this section is applicable, the dealer shall promptly inform the consumer of the delay and provide the consumer written notice of a new estimated delivery date which may not exceed any delay caused by a work stoppage, act of God, or manufacturer's delay.

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Md. Com. L. Code Ann. § 13-102. Definitions
(a) Remedies of consumer. -- Notwithstanding any other provision of this article, if the dealer fails to provide the consumer with any estimated date required by this subtitle or fails to deliver the household good to the consumer within 2 weeks of the latest estimated delivery date properly established under this subtitle, the consumer may:

(1) Cancel the contract and receive a full refund;

(2) Cancel the contract and receive a credit equal to the deposit;

(3) Negotiate with the dealer a new delivery date; or

(4) Modify the contract by selecting other household goods.

(b) Consumer's request for refund or credit. --

(1) If a consumer cancels a contract and requests a full refund or credit, the dealer shall provide to the consumer the full refund or credit within 2 weeks of the consumer's request.

(2) At the dealer's option, the dealer may, immediately following the consumer's request for a full refund or credit, require the consumer to sign a written request for the full refund or credit on a dealer's self-addressed postcard or a form which shall include a dealer's self-addressed envelope, to be supplied to the consumer by the dealer.

(c) Applicability of provisions. -- The provisions of this section do not apply if:

(1) Due primarily to the conduct of the consumer, a delivery prearranged between the dealer and the consumer was unsuccessful and, following the unsuccessful attempt to deliver, the dealer provided written or oral notice of the attempted delivery to the consumer;

(2) The delay in delivery is caused by a work stoppage or an act of God; or

(3) The dealer's inability to deliver by the estimated date is due to the manufacturer's or supplier's failure to deliver to the dealer in a timely manner the household goods as ordered, and where:

(i) Despite good faith efforts to cancel the contract with the manufacturer, the dealer is liable to the manufacturer or supplier to complete the purchase under applicable law; and

(ii) The dealer's liability to the manufacturer or supplier is not caused by the dealer's delay in canceling the order when requested by the consumer.

(d) Record of notice of attempted delivery to consumer. --

(1) If oral notice is given under subsection (c) (1) of this section, the dealer shall record in writing, the date and time of the notification and the signature of the person who made the notification.

(2) In the event that paragraph (2) or (3) of subsection (c) of this section is applicable, the dealer shall promptly inform the consumer of the delay and provide the consumer written notice of a new estimated delivery date which may not exceed any delay caused by a work stoppage, act of God, or manufacturer's delay.

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Md. Com. L. Code Ann. § 14-1804. Unfair and deceptive trade practices
It shall be an unfair or deceptive trade practice under Title 13 of this article if a dealer:

(1) Fails to comply with the requirements of § 14-1802 of this subtitle; or

(2) Denies a consumer the remedies provided by § 14-1803 of this subtitle.
Md. Com. L. Code Ann. § 14-1804. Unfair and deceptive trade practices
It shall be an unfair or deceptive trade practice under Title 13 of this article if a dealer:

(1) Fails to comply with the requirements of § 14-1802 of this subtitle; or

(2) Denies a consumer the remedies provided by § 14-1803 of this subtitle.

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Md. Com. L. Code Ann. § 14-1805. Attorney's fees

(a) Authority of court to award. -- In any action brought to enforce this section, a court may award reasonable attorney's fees to a prevailing plaintiff, other than the Attorney General.

(b) Order to pay defendant attorney's fees. -- If it appears to the satisfaction of the court that an action is brought in bad faith or is of a frivolous nature, the court may order the offending plaintiff to pay to the defendant reasonable attorney's fees.


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Md. Com. L. Code Ann. § 14-1805. Attorney's fees

(a) Authority of court to award. -- In any action brought to enforce this section, a court may award reasonable attorney's fees to a prevailing plaintiff, other than the Attorney General.

(b) Order to pay defendant attorney's fees. -- If it appears to the satisfaction of the court that an action is brought in bad faith or is of a frivolous nature, the court may order the offending plaintiff to pay to the defendant reasonable attorney's fees.


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Md. Com. L. Code Ann. § 14-1806. Other remedies not limited
Nothing in this subtitle shall limit any remedies otherwise available under Maryland law.

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Md. Com. L. Code Ann. § 14-1806. Other remedies not limited
Nothing in this subtitle shall limit any remedies otherwise available under Maryland law.

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Md. Com. L. Code Ann. § 14-1901. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Commissioner. -- "Commissioner" means the Commissioner of Financial Regulation of the Department of Labor, Licensing, and Regulation.

(c) Consumer. -- "Consumer" means any individual who is solicited to purchase or who purchases for personal, family, or household purposes the services of a credit services business.

(d) Consumer reporting agency; consumer report; investigative consumer report; file. -- "Consumer reporting agency", "consumer report", "investigative consumer report", and "file" shall have the meaning ascribed to each under § 14-1201 of this title.

(e) Credit services business. --

(1) "Credit services business" means any person who, with respect to the extension of credit by others, sells, provides, or performs, or represents that such person can or will sell, provide, or perform, any of the following services in return for the payment of money or other valuable consideration:

(i) Improving a consumer's credit record, history, or rating or establishing a new credit file or record;

(ii) Obtaining an extension of credit for a consumer; or

(iii) Providing advice or assistance to a consumer with regard to either subparagraph (i) or (ii) of this paragraph.

(2) "Credit services business" includes a person who sells or attempts to sell written materials containing information that the person represents will enable a consumer to establish a new credit file or record.

(3) "Credit services business" does not include:

(i) Any person authorized to make loans or extensions of credit under the laws of this State or the United States who is actively engaged in the business of making loans or other extensions of credit to residents of this State;

(ii) Any bank, trust company, savings bank, or savings and loan association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any credit union organized and chartered under the laws of this State or the United States;

(iii) Any nonprofit organization exempt from taxation under § 501 (c)(3) of the Internal Revenue Code (26 U.S.C. § 501 (c)(3));

(iv) Any person licensed as a real estate broker by this State where the person is acting within the course and scope of that license;

(v) Any person licensed as a mortgage lender by this State;

(vi) An individual admitted to the Bar of the Court of Appeals of Maryland when the individual renders services within the course and scope of practice by the individual as a lawyer and does not engage in the credit services business on a regular and continuing basis;

(vii) Any broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission where the broker-dealer is acting within the course and scope of that regulation;

(viii) Any consumer reporting agency as defined in the federal Fair Credit Reporting Act (15 U.S.C. §§ 1681 -- 1681t) or in § 14-1201 (e) of this title; or

(ix) An individual licensed by the Maryland Board of Public Accountancy when the individual renders services within the course and scope of practice by the individual as a certified public accountant and does not engage in the credit services business on a regular and continuing basis.

(f) Extension of credit. -- "Extension of credit" means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes.

(g) Person. -- "Person" includes an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, 2 or more persons having a joint or common interest, and any other legal or commercial entity.


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Md. Com. L. Code Ann. § 14-1901. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Commissioner. -- "Commissioner" means the Commissioner of Financial Regulation of the Department of Labor, Licensing, and Regulation.

(c) Consumer. -- "Consumer" means any individual who is solicited to purchase or who purchases for personal, family, or household purposes the services of a credit services business.

(d) Consumer reporting agency; consumer report; investigative consumer report; file. -- "Consumer reporting agency", "consumer report", "investigative consumer report", and "file" shall have the meaning ascribed to each under § 14-1201 of this title.

(e) Credit services business. --

(1) "Credit services business" means any person who, with respect to the extension of credit by others, sells, provides, or performs, or represents that such person can or will sell, provide, or perform, any of the following services in return for the payment of money or other valuable consideration:

(i) Improving a consumer's credit record, history, or rating or establishing a new credit file or record;

(ii) Obtaining an extension of credit for a consumer; or

(iii) Providing advice or assistance to a consumer with regard to either subparagraph (i) or (ii) of this paragraph.

(2) "Credit services business" includes a person who sells or attempts to sell written materials containing information that the person represents will enable a consumer to establish a new credit file or record.

(3) "Credit services business" does not include:

(i) Any person authorized to make loans or extensions of credit under the laws of this State or the United States who is actively engaged in the business of making loans or other extensions of credit to residents of this State;

(ii) Any bank, trust company, savings bank, or savings and loan association whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or any credit union organized and chartered under the laws of this State or the United States;

(iii) Any nonprofit organization exempt from taxation under § 501 (c)(3) of the Internal Revenue Code (26 U.S.C. § 501 (c)(3));

(iv) Any person licensed as a real estate broker by this State where the person is acting within the course and scope of that license;

(v) Any person licensed as a mortgage lender by this State;

(vi) An individual admitted to the Bar of the Court of Appeals of Maryland when the individual renders services within the course and scope of practice by the individual as a lawyer and does not engage in the credit services business on a regular and continuing basis;

(vii) Any broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission where the broker-dealer is acting within the course and scope of that regulation;

(viii) Any consumer reporting agency as defined in the federal Fair Credit Reporting Act (15 U.S.C. §§ 1681 -- 1681t) or in § 14-1201 (e) of this title; or

(ix) An individual licensed by the Maryland Board of Public Accountancy when the individual renders services within the course and scope of practice by the individual as a certified public accountant and does not engage in the credit services business on a regular and continuing basis.

(f) Extension of credit. -- "Extension of credit" means the right to defer payment of debt or to incur debt and defer its payment, offered or granted primarily for personal, family, or household purposes.

(g) Person. -- "Person" includes an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, 2 or more persons having a joint or common interest, and any other legal or commercial entity.


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Md. Com. L. Code Ann. §14-1902. Duties
A credit services business, its employees, and independent contractors who sell or attempt to sell the services of a credit services business shall not:

(1) Receive any money or other valuable consideration from the consumer, unless the credit services business has secured from the Commissioner a license under Title 11, Subtitle 3 of the Financial Institutions Article;

(2) Receive any money or other valuable consideration solely for referral of the consumer to a retail seller or to any other credit grantor who will or may extend credit to the consumer, if the credit extended to the consumer is substantially the same terms as those available to the general public;

(3) Make, or assist or advise any consumer to make, any statement or other representation that is false or misleading, or which by the exercise of reasonable care should be known to be false or misleading, to a consumer reporting agency, government agency, or person to whom the consumer applies or intends to apply for an extension of credit, regarding a consumer's creditworthiness, credit standing, credit capacity, or true identity;

(4) Make or use any false or misleading representations in the offer or sale of the services of a credit services business;

(5) Engage, directly or indirectly, in any act, practice, or course of business which operates as a fraud or deception on any person in connection with the offer or sale of the services of a credit services business;

(6) Charge or receive any money or other valuable consideration prior to full and complete performance of the services that the credit services business has agreed to perform for or on behalf of the consumer;

(7) Create, assist a consumer to create, or provide a consumer with information on how to create, a new consumer report, credit file, or credit record by obtaining and using a different name, address, telephone number, Social Security number, or employer tax identification number; or

(8) Assist a consumer to obtain an extension of credit at a rate of interest which, except for federal preemption of State law, would be prohibited under Title 12 of this article
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Md. Com. L. Code Ann. §14-1902. Duties
A credit services business, its employees, and independent contractors who sell or attempt to sell the services of a credit services business shall not:

(1) Receive any money or other valuable consideration from the consumer, unless the credit services business has secured from the Commissioner a license under Title 11, Subtitle 3 of the Financial Institutions Article;

(2) Receive any money or other valuable consideration solely for referral of the consumer to a retail seller or to any other credit grantor who will or may extend credit to the consumer, if the credit extended to the consumer is substantially the same terms as those available to the general public;

(3) Make, or assist or advise any consumer to make, any statement or other representation that is false or misleading, or which by the exercise of reasonable care should be known to be false or misleading, to a consumer reporting agency, government agency, or person to whom the consumer applies or intends to apply for an extension of credit, regarding a consumer's creditworthiness, credit standing, credit capacity, or true identity;

(4) Make or use any false or misleading representations in the offer or sale of the services of a credit services business;

(5) Engage, directly or indirectly, in any act, practice, or course of business which operates as a fraud or deception on any person in connection with the offer or sale of the services of a credit services business;

(6) Charge or receive any money or other valuable consideration prior to full and complete performance of the services that the credit services business has agreed to perform for or on behalf of the consumer;
(7) Change or recieve any money or other valuable consideration in connection with an extension of credit that, when combined with any interest charged on the extension of credit, would exceed the interest rate permitted for the extension of credit under the applicable title of this article;
(8) Create, assist a consumer to create, or provide a consumer with information on how to create, a new consumer report, credit file, or credit record by obtaining and using a different name, address, telephone number, Social Security number, or employer tax identification number; or

(8) Assist a consumer to obtain an extension of credit at a rate of interest which, except for federal preemption of State law, would be prohibited under Title 12 of this article
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Md. Com. L. Code Ann. § 14-1903. Application of subtitle; licenses
(a) In general. -- Notwithstanding any election of law or designation of situs in any contract, this subtitle applies to any contract for credit services if:

(1) The credit services business offers or agrees to sell, provide, or perform any services to a resident of this State;

(2) A resident of this State accepts or makes the offer in this State to purchase the services of the credit services business; or

(3) The credit services business makes any verbal or written solicitation or communication that originates either inside or outside of this State but is received in the State by a resident of this State.

(b) Licenses -- Required. -- A credit services business is required to be licensed under this subtitle and is subject to the licensing, investigatory, enforcement, and penalty provisions of this subtitle and Title 11, Subtitle 3 of the Financial Institutions Article.

(c) Same -- Issuance. -- A license required by this subtitle shall be issued by the Commissioner.

(d) Same -- Exemptions. -- A person not included within the definition of a credit services business as provided in § 14-1901(e)(3) of this subtitle is exempt from licensure requirements under this subtitle.

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Md. Com. L. Code Ann. § 14-1903. Application of subtitle; licenses
(a) In general. -- Notwithstanding any election of law or designation of situs in any contract, this subtitle applies to any contract for credit services if:

(1) The credit services business offers or agrees to sell, provide, or perform any services to a resident of this State;

(2) A resident of this State accepts or makes the offer in this State to purchase the services of the credit services business; or

(3) The credit services business makes any verbal or written solicitation or communication that originates either inside or outside of this State but is received in the State by a resident of this State.

(b) Licenses -- Required. -- A credit services business is required to be licensed under this subtitle and is subject to the licensing, investigatory, enforcement, and penalty provisions of this subtitle and Title 11, Subtitle 3 of the Financial Institutions Article.

(c) Same -- Issuance. -- A license required by this subtitle shall be issued by the Commissioner.

(d) Same -- Exemptions. -- A person not included within the definition of a credit services business as provided in § 14-1901(e)(3) of this subtitle is exempt from licensure requirements under this subtitle.

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Md. Com. L. Code Ann. §14-1904. Information statement
(a) Duty to provide. -- Before either the execution of a contract or agreement between a consumer and a credit services business or the receipt by the credit services business of any money or other valuable consideration, the credit services business shall provide the consumer with a written information statement containing all of the information required under § 14-1905 of this subtitle.

(b) Filing. -- The credit services business shall maintain on file for a period of 2 years from the date of the consumer's acknowledgment a copy of the information statement signed by the consumer acknowledging receipt of the information statement.

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Md. Com. L. Code Ann. §14-1904. Information statement
(a) Duty to provide. -- Before either the execution of a contract or agreement between a consumer and a credit services business or the receipt by the credit services business of any money or other valuable consideration, the credit services business shall provide the consumer with a written information statement containing all of the information required under § 14-1905 of this subtitle.

(b) Filing. -- The credit services business shall maintain on file for a period of 2 years from the date of the consumer's acknowledgment a copy of the information statement signed by the consumer acknowledging receipt of the information statement.

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Md. Com. L. Code Ann. § 14-1905. Information to be included in information statement

(a) In general. -- The information statement required under § 14-1904 of this subtitle shall include:

(1) An accurate statement of the consumer's right to review any file on the consumer maintained by any consumer reporting agency, and the right of the consumer to receive a copy of a consumer report containing all information in that file as provided under the federal Fair Credit Reporting Act (15 U.S.C. § 1681g) and under § 14-1206 of this title;

(2) A statement that a copy of the consumer report containing all information in the consumer's file will be furnished free of charge by the consumer reporting agency if requested by the consumer within 30 days of receiving a notice of a denial of credit as provided under the federal Fair Credit Reporting Act (15 U.S.C. § 1681j) and under § 14-1209 of this title;

(3) A statement that a nominal charge not to exceed $ 5 may be imposed on the consumer by the consumer reporting agency for a copy of the consumer report containing all the information in the consumer's file, if the consumer has not been denied credit within 30 days from receipt of the consumer's request;

(4) A complete and accurate statement of the consumer's right to dispute the completeness or accuracy of any item on the consumer contained in any file that is maintained by any consumer reporting agency, as provided under the federal Fair Credit Reporting Act (15 U.S.C. § 1681i) and under § 14-1208 of this title;

(5) A complete and detailed description of the services to be performed by the credit services business for or on behalf of the consumer, and the total amount the consumer will have to pay for the services; and

(6) A statement that accurately reported information may not be permanently removed from the file of a consumer reporting agency.

(b) Additional requirements of licenses. -- A credit services business required to obtain a license pursuant to § 14-1902 of this subtitle shall include in the information statement required under § 14-1904 of this subtitle:

(1) A statement of the consumer's right to file a complaint pursuant to § 14-1911 of this subtitle;

(2) The address of the Commissioner where such complaints should be filed; and

(3) A statement that a bond exists and the consumer's right to proceed against the bond under the circumstances and in the manner set forth in § 14-1910 of this subtitle.


Md. Com. L. Code Ann. § 14-1905. Information to be included in information statement

(a) In general. -- The information statement required under § 14-1904 of this subtitle shall include:

(1) An accurate statement of the consumer's right to review any file on the consumer maintained by any consumer reporting agency, and the right of the consumer to receive a copy of a consumer report containing all information in that file as provided under the federal Fair Credit Reporting Act (15 U.S.C. § 1681g) and under § 14-1206 of this title;

(2) A statement that a copy of the consumer report containing all information in the consumer's file will be furnished free of charge by the consumer reporting agency if requested by the consumer within 30 days of receiving a notice of a denial of credit as provided under the federal Fair Credit Reporting Act (15 U.S.C. § 1681j) and under § 14-1209 of this title;

(3) A statement that a nominal charge not to exceed $ 5 may be imposed on the consumer by the consumer reporting agency for a copy of the consumer report containing all the information in the consumer's file, if the consumer has not been denied credit within 30 days from receipt of the consumer's request;

(4) A complete and accurate statement of the consumer's right to dispute the completeness or accuracy of any item on the consumer contained in any file that is maintained by any consumer reporting agency, as provided under the federal Fair Credit Reporting Act (15 U.S.C. § 1681i) and under § 14-1208 of this title;

(5) A complete and detailed description of the services to be performed by the credit services business for or on behalf of the consumer, and the total amount the consumer will have to pay for the services; and

(6) A statement that accurately reported information may not be permanently removed from the file of a consumer reporting agency.

(b) Additional requirements of licenses. -- A credit services business required to obtain a license pursuant to § 14-1902 of this subtitle shall include in the information statement required under § 14-1904 of this subtitle:

(1) A statement of the consumer's right to file a complaint pursuant to § 14-1911 of this subtitle;

(2) The address of the Commissioner where such complaints should be filed; and

(3) A statement that a bond exists and the consumer's right to proceed against the bond under the circumstances and in the manner set forth in § 14-1910 of this subtitle.


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Md. Com. L. Code Ann. §14-1906. Contract with consumer
(a) Requirements. -- Every contract between a consumer and a credit services business for the purchase of the services of the credit services business shall be in writing, dated, signed by the consumer, and shall include:

(1) A conspicuous statement in size equal to at least 10-point bold type, in immediate proximity to the space reserved for the signature of the consumer as follows:

"You, the buyer, may cancel this contract at any time prior to midnight of the third business day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.";

(2) The terms and conditions of payment, including the total of all payments to be made by the consumer, whether to the credit services business or to some other person;

(3) A complete and detailed description of the services to be performed and the results to be achieved by the credit services business for or on behalf of the consumer, including all guarantees and all promises of full or partial refunds and a list of the adverse information appearing on the consumer's credit report that the credit services business expects to have modified and the estimated date by which each modification will occur; and

(4) The principal business address of the credit services business and the name and address of its agent in this State authorized to receive service of process.

(b) Notice of cancellation form. -- The contract shall be accompanied by a
form completed in duplicate, captioned "NOTICE OF CANCELLATION", which shall
be attached to the contract and easily detachable, and which shall contain in
at least 10-point bold type the following statement:

"NOTICE OF CANCELLATION


You may cancel this contract, without any penalty or obligation, at any
time prior to midnight of the third business day after the date the contract
is signed.

If you cancel, any payment made by you under this contract will be returned
within 10 days following receipt by the seller of your cancellation notice.

To cancel this contract, mail or deliver a signed and dated copy of this
cancellation notice, or any other written notice, to.........................

(Name of seller)

At........................................................................

(Address of seller)

.............................................................................

(Place of business)

Not later than midnight .....................................

(Date)

I hereby cancel this transaction.

..........................................................................

(Date) (Buyer's signature)"


(c) Copies of completed contract and other documents to be given to consumer. -- A copy of the completed contract and all other documents the credit services business requires the consumer to sign shall be given by the credit services business to the consumer at the time they are signed.

Md. Com. L. Code Ann. §14-1906. Contract with consumer
(a) Requirements. -- Every contract between a consumer and a credit services business for the purchase of the services of the credit services business shall be in writing, dated, signed by the consumer, and shall include:

(1) A conspicuous statement in size equal to at least 10-point bold type, in immediate proximity to the space reserved for the signature of the consumer as follows:

"You, the buyer, may cancel this contract at any time prior to midnight of the third business day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right.";

(2) The terms and conditions of payment, including the total of all payments to be made by the consumer, whether to the credit services business or to some other person;

(3) A complete and detailed description of the services to be performed and the results to be achieved by the credit services business for or on behalf of the consumer, including all guarantees and all promises of full or partial refunds and a list of the adverse information appearing on the consumer's credit report that the credit services business expects to have modified and the estimated date by which each modification will occur; and

(4) The principal business address of the credit services business and the name and address of its agent in this State authorized to receive service of process.

(b) Notice of cancellation form. -- The contract shall be accompanied by a
form completed in duplicate, captioned "NOTICE OF CANCELLATION", which shall
be attached to the contract and easily detachable, and which shall contain in
at least 10-point bold type the following statement:

"NOTICE OF CANCELLATION


You may cancel this contract, without any penalty or obligation, at any
time prior to midnight of the third business day after the date the contract
is signed.

If you cancel, any payment made by you under this contract will be returned
within 10 days following receipt by the seller of your cancellation notice.

To cancel this contract, mail or deliver a signed and dated copy of this
cancellation notice, or any other written notice, to.........................

(Name of seller)

At........................................................................

(Address of seller)

.............................................................................

(Place of business)

Not later than midnight .....................................

(Date)

I hereby cancel this transaction.

..........................................................................

(Date) (Buyer's signature)"


(c) Copies of completed contract and other documents to be given to consumer. -- A copy of the completed contract and all other documents the credit services business requires the consumer to sign shall be given by the credit services business to the consumer at the time they are signed.

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Md. Com. L. Code Ann. §14-1907. Violations; void contracts; waivers; burden of proof
(a) Breach of contract. -- Any breach by a credit services business of a contract under this subtitle, or of any obligation arising under it, shall constitute a violation of this subtitle.

(b) Void contracts. -- Any contract for services from a credit services business that does not comply with the applicable provisions of this subtitle shall be void and unenforceable as contrary to the public policy of this State.

(c) Waivers. --

(1) Any waiver by a consumer of any of the provisions of this subtitle shall be deemed void and unenforceable by a credit services business as contrary to the public policy of this State; and

(2) Any attempt by a credit services business to have a consumer waive rights given by this subtitle shall constitute a violation of this subtitle.

(d) Burden of proof. -- In any proceeding involving this subtitle, the burden of proving an exemption or an exception from a definition is upon the person claiming it.

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Md. Com. L. Code Ann. §14-1907. Violations; void contracts; waivers; burden of proof
(a) Breach of contract. -- Any breach by a credit services business of a contract under this subtitle, or of any obligation arising under it, shall constitute a violation of this subtitle.

(b) Void contracts. -- Any contract for services from a credit services business that does not comply with the applicable provisions of this subtitle shall be void and unenforceable as contrary to the public policy of this State.

(c) Waivers. --

(1) Any waiver by a consumer of any of the provisions of this subtitle shall be deemed void and unenforceable by a credit services business as contrary to the public policy of this State; and

(2) Any attempt by a credit services business to have a consumer waive rights given by this subtitle shall constitute a violation of this subtitle.

(d) Burden of proof. -- In any proceeding involving this subtitle, the burden of proving an exemption or an exception from a definition is upon the person claiming it.

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Md. Com. L. Code Ann. § 14-1908. Surety bonds -- Requirement
A credit services business is required to obtain a surety bond pursuant to Title 11, Subtitle 3 of the Financial Institutions Article.


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Md. Com. L. Code Ann. § 14-1908. Surety bonds -- Requirement
A credit services business is required to obtain a surety bond pursuant to Title 11, Subtitle 3 of the Financial Institutions Article.


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Md. Com. L. Code Ann. §14-1909. Same -- Issuance
The surety bond shall be issued by a surety company authorized to do business in this State.

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Md. Com. L. Code Ann. §14-1909. Same -- Issuance
The surety bond shall be issued by a surety company authorized to do business in this State.

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Md. Com. L. Code Ann. § 14-1910. Same -- Claims against
(a) Actions. -- Any person claiming against the surety bond for a violation of this subtitle may maintain an action against the credit services business and against the surety.

(b) Liability for actual damages. -- The surety shall be liable only for actual damages and not for the punitive damages permitted under § 14-1912 of this subtitle.

(c) Aggregate liability. -- The aggregate liability of the surety to all persons damaged by a credit services business's violation of this subtitle may not exceed the amount of the surety bond
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Md. Com. L. Code Ann. § 14-1910. Same -- Claims against
(a) Actions. -- Any person claiming against the surety bond for a violation of this subtitle may maintain an action against the credit services business and against the surety.

(b) Liability for actual damages. -- The surety shall be liable only for actual damages and not for the punitive damages permitted under § 14-1912 of this subtitle.

(c) Aggregate liability. -- The aggregate liability of the surety to all persons damaged by a credit services business's violation of this subtitle may not exceed the amount of the surety bond
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Md. Com. L. Code Ann. § 14-1911. Complaints

(a) Filing. -- Any consumer who has reason to believe that this subtitle has been violated by any credit services business or by any other person may file a written complaint setting forth the details of the alleged violation with the Commissioner.

(b) Inspection of books, records, etc., by Commissioner. -- After receiving the complaint, the Commissioner may inspect the pertinent books, records, letters and contracts of any credit services business, and of any person who has furnished information to the credit services business relating to the specific written complaint.

(c) Investigation and hearing. -- The Commissioner may investigate the complaint and hold a hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(d) Powers of Commissioner. -- The Commissioner may:

(1) Hold a hearing on the complaint at a time and place in this State reasonably convenient to the parties involved;

(2) Subpoena witnesses;

(3) Take depositions of witnesses residing without the State, in the manner provided for witnesses in civil actions in courts of record;

(4) Administer oaths;

(5) Issue orders for compliance with this subtitle; and

(6) Issue cease and desist orders, after finding a pattern and practice of violation of this subtitle.

(e) Notice of complaint and hearing. --

(1) The Commissioner shall give to the credit services business, or the salesperson, agent, representative, or independent contractor acting on behalf of the credit services business against whom a complaint is filed, written notice of the complaint and the time and place of any hearing.

(2) The notice shall:

(i) Be in writing; and

(ii) Be sent by certified mail, to the principal place of business of the credit services business or the principal place of business or residence address of the salesperson, agent, representative, or independent contractor acting on behalf of the credit services business, at least 10 days prior to the date of the hearing.

(f) Cease and desist order. --

(1) If, after the hearing, the Commissioner finds that the credit services business, or the salesperson, agent, representative, or independent contractor acting on behalf of the credit services business, has engaged or is engaging in any act or practice prohibited by this subtitle, the Commissioner shall order the credit services business or the person or both to cease and desist from the act or practice and may order that restitution be paid to an aggrieved consumer.

(2) The order of the Commissioner shall comply with the Administrative Procedure Act.

(g) Finality of order. --

(1) If an appeal is not filed, the order of the Commissioner becomes final after expiration of the time allowed by the Administrative Procedure Act for appeals from the Commissioner's orders.

(2) If an appeal is filed, the order of the Commissioner becomes final after a final decision of a court affirming the order or dismissing the appeal.

(h) Failure to comply with Commissioner's order. -- If a credit services business or any other person fails to comply with any lawful order of the Commissioner pursuant to this subtitle or if any witness fails to appear and testify to any matter regarding which he may be lawfully interrogated, on petition of the Commissioner setting forth the facts, the circuit court of any county shall:

(1) Compel obedience to the requirements of the subpoena or order;

(2) Compel the production of contracts, forms, files, and other evidence; and

(3) Order compliance with any lawful order issued by the Commissioner under the provisions of subsection (d) (5) or (6) of this section.

(i) Failure to comply with court order. -- If the credit services business or any other person fails, refuses, or neglects to comply with the order of the court, the court may punish that person for contempt of court.

(j) Applicability of Administrative Procedure Act. -- The Administrative Procedure Act, including its provisions for judicial review of a final decision in a contested case, applies to proceedings before the Commissioner pursuant to this subtitle.

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Md. Com. L. Code Ann. § 14-1911. Complaints

(a) Filing. -- Any consumer who has reason to believe that this subtitle has been violated by any credit services business or by any other person may file a written complaint setting forth the details of the alleged violation with the Commissioner.

(b) Inspection of books, records, etc., by Commissioner. -- After receiving the complaint, the Commissioner may inspect the pertinent books, records, letters and contracts of any credit services business, and of any person who has furnished information to the credit services business relating to the specific written complaint.

(c) Investigation and hearing. -- The Commissioner may investigate the complaint and hold a hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(d) Powers of Commissioner. -- The Commissioner may:

(1) Hold a hearing on the complaint at a time and place in this State reasonably convenient to the parties involved;

(2) Subpoena witnesses;

(3) Take depositions of witnesses residing without the State, in the manner provided for witnesses in civil actions in courts of record;

(4) Administer oaths;

(5) Issue orders for compliance with this subtitle; and

(6) Issue cease and desist orders, after finding a pattern and practice of violation of this subtitle.

(e) Notice of complaint and hearing. --

(1) The Commissioner shall give to the credit services business, or the salesperson, agent, representative, or independent contractor acting on behalf of the credit services business against whom a complaint is filed, written notice of the complaint and the time and place of any hearing.

(2) The notice shall:

(i) Be in writing; and

(ii) Be sent by certified mail, to the principal place of business of the credit services business or the principal place of business or residence address of the salesperson, agent, representative, or independent contractor acting on behalf of the credit services business, at least 10 days prior to the date of the hearing.

(f) Cease and desist order. --

(1) If, after the hearing, the Commissioner finds that the credit services business, or the salesperson, agent, representative, or independent contractor acting on behalf of the credit services business, has engaged or is engaging in any act or practice prohibited by this subtitle, the Commissioner shall order the credit services business or the person or both to cease and desist from the act or practice and may order that restitution be paid to an aggrieved consumer.

(2) The order of the Commissioner shall comply with the Administrative Procedure Act.

(g) Finality of order. --

(1) If an appeal is not filed, the order of the Commissioner becomes final after expiration of the time allowed by the Administrative Procedure Act for appeals from the Commissioner's orders.

(2) If an appeal is filed, the order of the Commissioner becomes final after a final decision of a court affirming the order or dismissing the appeal.

(h) Failure to comply with Commissioner's order. -- If a credit services business or any other person fails to comply with any lawful order of the Commissioner pursuant to this subtitle or if any witness fails to appear and testify to any matter regarding which he may be lawfully interrogated, on petition of the Commissioner setting forth the facts, the circuit court of any county shall:

(1) Compel obedience to the requirements of the subpoena or order;

(2) Compel the production of contracts, forms, files, and other evidence; and

(3) Order compliance with any lawful order issued by the Commissioner under the provisions of subsection (d) (5) or (6) of this section.

(i) Failure to comply with court order. -- If the credit services business or any other person fails, refuses, or neglects to comply with the order of the court, the court may punish that person for contempt of court.

(j) Applicability of Administrative Procedure Act. -- The Administrative Procedure Act, including its provisions for judicial review of a final decision in a contested case, applies to proceedings before the Commissioner pursuant to this subtitle.

.

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Md. Com. L. Code Ann. §14-1912. Failure to comply with requirements

(a) Willful noncompliance. -- Any credit services business which willfully fails to comply with any requirement imposed under this subtitle with respect to any consumer is liable to that consumer in an amount equal to the sum of:

(1) Any actual damages sustained by the consumer as a result of the failure;

(2) A monetary award equal to 3 times the total amount collected from the consumer, as ordered by the Commissioner;

(3) Such amount of punitive damages as the court may allow; and

(4) In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

(b) Negligent noncompliance. -- Any credit services business which is negligent in failing to comply with any requirement imposed under this subtitle with respect to any consumer is liable to that consumer in an amount equal to the sum of:

(1) Any actual damages sustained by the consumer as a result of the failure; and

(2) In the case of any successful action to enforce any liability under this section, the cost of the action together with reasonable attorney's fees as determined by the court
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Md. Com. L. Code Ann. §14-1912. Failure to comply with requirements

(a) Willful noncompliance. -- Any credit services business which willfully fails to comply with any requirement imposed under this subtitle with respect to any consumer is liable to that consumer in an amount equal to the sum of:

(1) Any actual damages sustained by the consumer as a result of the failure;

(2) A monetary award equal to 3 times the total amount collected from the consumer, as ordered by the Commissioner;

(3) Such amount of punitive damages as the court may allow; and

(4) In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

(b) Negligent noncompliance. -- Any credit services business which is negligent in failing to comply with any requirement imposed under this subtitle with respect to any consumer is liable to that consumer in an amount equal to the sum of:

(1) Any actual damages sustained by the consumer as a result of the failure; and

(2) In the case of any successful action to enforce any liability under this section, the cost of the action together with reasonable attorney's fees as determined by the court
.

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Md. Com. L. Code Ann. §14-1913. Limitation of actions for enforcement of liability
(a) Generally. -- An action to enforce any liability created under this subtitle shall be brought within 2 years from the date the violation at issue occurred.

(b) Material and willful misrepresentation. -- Where a defendant has materially and willfully misrepresented any information required to be disclosed to a consumer by this subtitle and the information is material to establishing defendant's liability, the action may be brought at any time within 2 years of the discovery of the misrepresentation.


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Md. Com. L. Code Ann. §14-1913. Limitation of actions for enforcement of liability
(a) Generally. -- An action to enforce any liability created under this subtitle shall be brought within 2 years from the date the violation at issue occurred.

(b) Material and willful misrepresentation. -- Where a defendant has materially and willfully misrepresented any information required to be disclosed to a consumer by this subtitle and the information is material to establishing defendant's liability, the action may be brought at any time within 2 years of the discovery of the misrepresentation.


.

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Md. Com. L. Code Ann. §14-1914. Actions under Consumer Protection Act
(a) Each sale is offense. -- Each sale of the services of a credit services business that violates any provision of this subtitle is an unfair or deceptive trade practice under Title 13 of this article.

(b) Power of Consumer Protection Division to bring proceedings. -- If the Division of Consumer Protection of the Office of the Attorney General has reason to believe that any credit services business, or any salesperson, agent, representative, or independent contractor acting on behalf of a credit services business, has violated any provision of this subtitle, the Division may institute a proceeding under Title 13 of this article.


Md. Com. L. Code Ann. §14-1914. Actions under Consumer Protection Act
(a) Each sale is offense. -- Each sale of the services of a credit services business that violates any provision of this subtitle is an unfair or deceptive trade practice under Title 13 of this article.

(b) Power of Consumer Protection Division to bring proceedings. -- If the Division of Consumer Protection of the Office of the Attorney General has reason to believe that any credit services business, or any salesperson, agent, representative, or independent contractor acting on behalf of a credit services business, has violated any provision of this subtitle, the Division may institute a proceeding under Title 13 of this article.


.

Md. Com. L. Code Ann. §14-1915. Fines and punishments

(a) Violation of subtitle. -- Except as provided in subsection (b) of this section, any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $ 5,000 or imprisonment not exceeding 3 years or both, in addition to any civil penalties.

(b) Violation of order of Commissioner or Attorney General. -- A person may not be imprisoned for violation of any provision of an order of the Commissioner or of the Attorney General entered pursuant to this subtitle or Title 13 of this article.

Md. Com. L. Code Ann. §14-1915. Fines and punishments

(a) Violation of subtitle. -- Except as provided in subsection (b) of this section, any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $ 5,000 or imprisonment not exceeding 3 years or both, in addition to any civil penalties.

(b) Violation of order of Commissioner or Attorney General. -- A person may not be imprisoned for violation of any provision of an order of the Commissioner or of the Attorney General entered pursuant to this subtitle or Title 13 of this article.

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Md. Com. L. Code Ann. § 14-1916. Short title

This subtitle may be cited as the "Maryland Credit Services Businesses Act".


Md. Com. L. Code Ann. § 14-1916. Short title

This subtitle may be cited as the "Maryland Credit Services Businesses Act".


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Md. Com. L. Code Ann. §14-2001. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Adjusted capitalized cost. --

(1) "Adjusted capitalized cost" means the amount which serves as the basis for determining the base lease payment, computed by subtracting from the capitalized cost any capitalized cost reduction.

(2) "Adjusted capitalized cost" is amortized during the lease term to the estimated residual value by the application of a portion of each scheduled lease payment.

(c) Capitalized cost. --

(1) "Capitalized cost" means the amount which, when reduced by the amount of the capitalized cost reduction, equals the adjusted capitalized cost.

(2) "Capitalized cost" shall include all items that are capitalized in the lease and, after the application of the capitalized cost reduction, amortized by the scheduled lease payments over the term of the lease.

(3) "Capitalized cost" shall include to the extent capitalized and amortized as set forth in paragraph (2) of this subsection:

(i) Taxes, registration, license, acquisition, administration, assignment, and other similar fees;

(ii) Charges for insurance, an extended warranty, mechanical repair contract, service contract, vehicle maintenance agreement, and any other similar charge;

(iii) Charges for a waiver of the contractual obligation to pay the gap amount;

(iv) Charges for accessories and installation of accessories;

(v) Charges for delivering, servicing, repairing, or improving the vehicle; and

(vi) Charges for other goods, services, and benefits incidental to the consumer lease transaction.

(4) "Capitalized cost" also shall include, to the extent capitalized and amortized as set forth in paragraph (2) of this subsection, with respect to a vehicle or other property traded-in in connection with a lease, the unpaid balance of any amount financed under an outstanding vehicle loan agreement or vehicle retail installment contract or the unpaid portion of the early termination obligation under any lease or other obligation of the lessee.

(d) Capitalized cost reduction. --

(1) "Capitalized cost reduction" means any payments made by cash, check, rebates, or similar means that are in the nature of down payments made by the lessee and any net trade-in allowance granted by the lessor at the inception of the consumer lease for the purpose of reducing the capitalized cost.

(2) "Capitalized cost reduction" does not include any base lease payments due at the inception of the lease or all of the lease payments if they are all paid at the inception of the lease.

(e) Consumer Leasing Act. -- "Consumer Leasing Act" means that act of Congress codified at 15 U.S.C. §§ 1667 through 1667e, and regulations promulgated pursuant thereto, as amended.

(f) Dealer. -- "Dealer" means a dealer as defined in § 15-101(c) of the Transportation Article.

(g) Lease; leasing. --

(1) "Lease" or "leasing" means a contract in the form of a bailment or lease for the use of a motor vehicle by an individual primarily for personal, family, or household purposes, for a period of time exceeding 4 months, including renewal periods, whether or not the lessee has the option to purchase or otherwise become the owner of the motor vehicle at the expiration of the lease.

(2) "Lease" does not include:

(i) A lease intended as security as defined in § 11-127.1(a) of the Transportation Article;

(ii) A lease which meets the definition of a credit sale in Federal Regulation Z, 12 C.F.R. § 226.2(A);

(iii) A lease for agricultural, business, or commercial purposes; or

(iv) A lease made to an organization.

(h) Lessee. -- "Lessee" means an individual who leases under, or who is offered, a motor vehicle lease.

(i) Lessor. --

(1) "Lessor" means a person who during any 12-month period leases or offers to lease five or more motor vehicles or who is assigned five or more leases.

(2) "Lessor" does not include the holder of a security interest in leases to secure an obligation or a holder of an interest in a trust that owns leases.

(j) Manufacturer, factory branch, or distributor. -- "Manufacturer, factory branch, or distributor" means a person, partnership, association, corporation, or entity engaged in the business of manufacturing or assembling motor vehicles or of distributing motor vehicles to motor vehicle dealers as defined in § 15-201(b), (c), and (e) of the Transportation Article.

(k) Motor vehicle. --

(1) "Motor vehicle" means a motor vehicle that is registered in this State as a:

(i) Class A (passenger) motor vehicle;

(ii) Class E (truck) motor vehicle with a 3/4 ton or less manufacturer's rated capacity; or

(iii) Class M (multipurpose) motor vehicle.

(2) "Motor vehicle" does not include a motor home as defined by the Motor Vehicle Administration.

(l) Original lessor. --

(1) "Original lessor" means the person identified in the lease as the lessor of the motor vehicle.

(2) "Original lessor" does not include any assignee of the lease.

(m) Warranty. --

(1) "Warranty" means the written warranty, so labeled, of the manufacturer of a new motor vehicle including any terms or conditions precedent to the enforcement of obligations under that warranty and shall include any motor vehicle subject to a lease.

(2) "Warranty" includes any implied warranties provided for by federal or State law, including the federal Magnusson Moss Warranty Act and the Maryland Uniform Commercial Code.

(n) Warranty period. -- "Warranty period" means the earlier of:

(1) The period of the motor vehicle's first 15,000 miles of operation; or

(2) 15 months following the date of original delivery of the motor vehicle to the lessee.

Md. Com. L. Code Ann. §14-2001. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Adjusted capitalized cost. --

(1) "Adjusted capitalized cost" means the amount which serves as the basis for determining the base lease payment, computed by subtracting from the capitalized cost any capitalized cost reduction.

(2) "Adjusted capitalized cost" is amortized during the lease term to the estimated residual value by the application of a portion of each scheduled lease payment.

(c) Capitalized cost. --

(1) "Capitalized cost" means the amount which, when reduced by the amount of the capitalized cost reduction, equals the adjusted capitalized cost.

(2) "Capitalized cost" shall include all items that are capitalized in the lease and, after the application of the capitalized cost reduction, amortized by the scheduled lease payments over the term of the lease.

(3) "Capitalized cost" shall include to the extent capitalized and amortized as set forth in paragraph (2) of this subsection:

(i) Taxes, registration, license, acquisition, administration, assignment, and other similar fees;

(ii) Charges for insurance, an extended warranty, mechanical repair contract, service contract, vehicle maintenance agreement, and any other similar charge;

(iii) Charges for a waiver of the contractual obligation to pay the gap amount;

(iv) Charges for accessories and installation of accessories;

(v) Charges for delivering, servicing, repairing, or improving the vehicle; and

(vi) Charges for other goods, services, and benefits incidental to the consumer lease transaction.

(4) "Capitalized cost" also shall include, to the extent capitalized and amortized as set forth in paragraph (2) of this subsection, with respect to a vehicle or other property traded-in in connection with a lease, the unpaid balance of any amount financed under an outstanding vehicle loan agreement or vehicle retail installment contract or the unpaid portion of the early termination obligation under any lease or other obligation of the lessee.

(d) Capitalized cost reduction. --

(1) "Capitalized cost reduction" means any payments made by cash, check, rebates, or similar means that are in the nature of down payments made by the lessee and any net trade-in allowance granted by the lessor at the inception of the consumer lease for the purpose of reducing the capitalized cost.

(2) "Capitalized cost reduction" does not include any base lease payments due at the inception of the lease or all of the lease payments if they are all paid at the inception of the lease.

(e) Consumer Leasing Act. -- "Consumer Leasing Act" means that act of Congress codified at 15 U.S.C. §§ 1667 through 1667e, and regulations promulgated pursuant thereto, as amended.

(f) Dealer. -- "Dealer" means a dealer as defined in § 15-101(c) of the Transportation Article.

(g) Lease; leasing. --

(1) "Lease" or "leasing" means a contract in the form of a bailment or lease for the use of a motor vehicle by an individual primarily for personal, family, or household purposes, for a period of time exceeding 4 months, including renewal periods, whether or not the lessee has the option to purchase or otherwise become the owner of the motor vehicle at the expiration of the lease.

(2) "Lease" does not include:

(i) A lease intended as security as defined in § 11-127.1(a) of the Transportation Article;

(ii) A lease which meets the definition of a credit sale in Federal Regulation Z, 12 C.F.R. § 226.2(A);

(iii) A lease for agricultural, business, or commercial purposes; or

(iv) A lease made to an organization.

(h) Lessee. -- "Lessee" means an individual who leases under, or who is offered, a motor vehicle lease.

(i) Lessor. --

(1) "Lessor" means a person who during any 12-month period leases or offers to lease five or more motor vehicles or who is assigned five or more leases.

(2) "Lessor" does not include the holder of a security interest in leases to secure an obligation or a holder of an interest in a trust that owns leases.

(j) Manufacturer, factory branch, or distributor. -- "Manufacturer, factory branch, or distributor" means a person, partnership, association, corporation, or entity engaged in the business of manufacturing or assembling motor vehicles or of distributing motor vehicles to motor vehicle dealers as defined in § 15-201(b), (c), and (e) of the Transportation Article.

(k) Motor vehicle. --

(1) "Motor vehicle" means a motor vehicle that is registered in this State as a:

(i) Class A (passenger) motor vehicle;

(ii) Class E (truck) motor vehicle with a 3/4 ton or less manufacturer's rated capacity; or

(iii) Class M (multipurpose) motor vehicle.

(2) "Motor vehicle" does not include a motor home as defined by the Motor Vehicle Administration.

(l) Original lessor. --

(1) "Original lessor" means the person identified in the lease as the lessor of the motor vehicle.

(2) "Original lessor" does not include any assignee of the lease.

(m) Warranty. --

(1) "Warranty" means the written warranty, so labeled, of the manufacturer of a new motor vehicle including any terms or conditions precedent to the enforcement of obligations under that warranty and shall include any motor vehicle subject to a lease.

(2) "Warranty" includes any implied warranties provided for by federal or State law, including the federal Magnusson Moss Warranty Act and the Maryland Uniform Commercial Code.

(n) Warranty period. -- "Warranty period" means the earlier of:

(1) The period of the motor vehicle's first 15,000 miles of operation; or

(2) 15 months following the date of original delivery of the motor vehicle to the lessee.

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Md. Com. L. Code Ann. § 14-2002. Contents of contract for lease; delivery; disclosures; insurance; sale or assignment; miscellaneous provisions

(a) Written lease; signatures. -- A lease shall be in writing and signed by the lessor and the lessee.

(b) Print size; conspicuous language. -- The printed portion of the lease, other than directions for completion of the lease and the text of any assignment between the original lessor and an assignee, shall be printed in a size equal to at least 8 point type. The lease shall contain the following items printed or written in a conspicuous manner:

(1) At the top of the lease, the words "Motor Vehicle Lease Agreement";

(2) If physical damage or liability insurance coverage for bodily injury and property damage caused to others is not included in the lease, a notice substantially similar to the following: "No physical damage or liability insurance coverage for bodily injury or property damage caused to others is included in this lease";

(3) Directly above the acknowledgment permitted by subsection (c) of this section, a written notice substantially similar to the following: "Notice to the lessee: This is a lease. You have no ownership rights in the motor vehicle unless and until you exercise your option to purchase the motor vehicle, if this lease contains a purchase option. Do not sign this lease before you read it or if it contains any blank space. You are entitled to a completely filled in copy of this lease when you sign it";

(4) A statement substantially similar to the following: "Early termination may require you to pay a substantial amount"; and

(5) The following provision in at least 10 point boldface type:



"Notice


Any holder of this consumer lease is subject to all claims and defenses which the lessee could assert against the lessor of the motor vehicle. Recovery hereunder by the lessee shall not exceed amounts paid by the lessee under this lease."

(c) Delivery of copy of lease. --

(1) The lessor shall deliver to the lessee, or mail to the lessee at the lessee's address shown on the lease, a copy of the lease signed by the lessor.

(2) Any acknowledgment by the lessee of delivery of a copy of the lease shall be conspicuous and shall appear directly above the space reserved for the lessee's signature.

(d) Contents of lease -- Names of lessor and lessee; place of business; residence of lessee; description of motor vehicle. -- The lease shall state the names of the original lessor and lessee, the place of business of the original lessor, the residence of the lessee as specified by the lessee, and a description of the motor vehicle, including its make, model year, model, and, if known, the motor vehicle's identification number or marks.

(e) Same -- Disclosures. -- The lease shall contain:

(1) All items required to be disclosed by the Consumer Leasing Act;

(2) A disclosure of the capitalized cost; and

(3) A provision briefly describing the lessee's rights upon default.

(f) Insurance. --

(1) If the lessee is obligated under the lease to maintain liability insurance or other insurance on the motor vehicle and if subsequent to execution of the lease the lessee fails to maintain the required insurance, if the lease permits, the lessor may procure insurance for either the interests of the lessee and the lessor or the interest of either of them insuring substantially the same risks required to be insured by the lease.

(2) The lease may also provide that the amount of the premium paid by the lessor may be the subject of a lease charge as though such amount was part of the capitalized cost, and shall be subject to the default provisions of the lease.

(3) Nothing in this subsection shall prevent the lessor from pursuing any other remedy for default set forth in the lease or provided by law.

(g) Miscellaneous charges. --

(1) If the lease permits, a lessor may impose on the lessee:

(i) A late or delinquency charge for payments or portions of payments that are in default under the lease;

(ii) A collection charge, which may include all court and other collection costs actually incurred by the lessor and, if the lease is referred for collection to an attorney who is not a salaried employee of the lessor, a reasonable attorney's fee; and

(iii) If any payment is made to the lessor with a check that is dishonored on the second presentment, a charge not to exceed $ 15.

(2) No more than one late or delinquency charge may be imposed for any single payment or portion of payment, regardless of the period during which it remains in default.

(h) Items filled in after execution of lease; proof of delivery of copy of lease. --

(1) Except as permitted by paragraph (2) of this subsection, no lease shall be signed by any party if it contains blank spaces to be filled in after it has been signed.

(2) If delivery of the motor vehicle is not made at the time of execution of the lease, the motor vehicle's identifying numbers, marks, or similar information and the due date of the first payment may be filled in after execution of the lease.

(3) The lessee's written acknowledgment, conforming to the requirements of subsection (c) of this section, of delivery of a copy of the lease shall be conclusive proof of delivery of a copy of the consumer lease in any action or proceeding by or against an assignee of the lease without knowledge to the contrary at the time of the assignment.

(i) Sale; assignment. -- Notwithstanding any contrary provision of this subtitle or other laws of this State:

(1) Subject to the rights of the lessee under the lease, a lessor may sell a lease, a leased motor vehicle, or an interest in a lease on such terms and conditions and for such price as may be mutually agreed upon between the lessor and the lessor's assignee; and

(2) No filing of the assignment, no notice to the lessee of the assignment, and no requirement that the lessor be deprived of dominion over payments upon the lease or over the motor vehicle if repossessed by or returned to the lessor, shall be necessary to the validity of a written assignment of a lease as against creditors, subsequent purchasers, pledgees, mortgagees, or encumbrancers of the lessor.

(j) Assignment and effect on payments. --

(1) Until the lessee has notice of assignment of a lease, payment made by the lessee to the last known holder of the lease shall be binding upon all subsequent assignees.

(2) If requested by the lessee, the assignee shall furnish reasonable proof that the assignment has been made and the lessee may pay the original lessor until reasonable proof of the assignment has been furnished.

(3) The lessor shall provide the lessee with a written receipt for any payment made in cash.

(k) Statements concerning remaining payments or liabilities. --

(1) Upon written request from a lessee, the lessor shall give or forward to the lessee a written statement of the dates and amounts of the payments that have been made under the lease and the amount of the lessee's remaining payments and any other amounts owed to the lessor as reflected on the lessor's books and records at the time of the notice.

(2) Upon written request from a lessee, the lessor shall give or forward to the lessee a written estimate of the lessee's total early termination liability under the lease.

(3) No charge may be imposed on the lessee for preparation of the statements provided for in paragraphs (1) and (2) of this subsection, except a lessor may impose a reasonable fee, not to exceed $ 5 per statement, if:

(i) The lessee requests more than one statement under paragraph (1) of this subsection or more than one statement under paragraph (2) of this subsection in any 12-month period; and

(ii) The charge is disclosed in the lease.

(l) Prohibited provisions. -- A lease may not contain any provision by which:

(1) In the absence of the lessee's default, the lessor may, arbitrarily and without reasonable cause, accelerate maturity of any part or all of the amount owing under the lease;

(2) The lessor may accelerate maturity of any part or all of the amount owing under the lease solely because the lessor deems itself insecure;

(3) A power of attorney is given to confess judgment, or an assignment of wages is given;

(4) The lessor, or other person acting on behalf of the lessor, is given authority to enter upon the lessee's premises unlawfully, or to commit any breach of the peace in the repossession of the motor vehicle;

(5) The lessee waives any right of action against the lessor, or other person acting on behalf of the lessor, for any illegal act committed in the collection of payments under the lease or in the repossession of the motor vehicle;

(6) The lessee executes a power of attorney appointing the lessor, or other person acting on behalf of the lessor, as the lessee's agent in collection of payments under the lease or in the repossession of the motor vehicle; provided, however, that this paragraph shall not prohibit the inclusion in a lease of a limited power of attorney or other provision authorizing the lessor to execute in the lessee's name any proofs of insurance claims or losses, to execute in the lessee's name any titling and registration documents, or to endorse the lessee's name on any insurance settlement or premium rebate draft or check the proceeds of which are applicable to the lessee's obligations under the lease;

(7) The lessor is relieved from liability for any legal remedy which the lessee may have against the lessor under the lease, or any separate instrument executed in connection therewith;

(8) The maturity of any part or all of the amount owing under the lease is accelerated where, following a default consisting solely of the failure to make timely payments, a lessee who has the right to redeem the lease makes timely payment of an amount sufficient to redeem the lease under § 14-2008 (h) of this subtitle; or

(9) The lessee waives any right provided to the lessee by this subtitle.

(m) Severability. --

(1) Any clause or provision prohibited by subsection (l) of this section shall be unenforceable but shall not otherwise affect the lease's continuing validity and enforceability.

(2) The penalties provided in § 14-2007 of this subtitle or in § 13-408 of this article do not apply to violations of subsection (l) of this section unless a lessor attempts to enforce a provision prohibited by that subsection.

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Md. Com. L. Code Ann. § 14-2002. Contents of contract for lease; delivery; disclosures; insurance; sale or assignment; miscellaneous provisions

(a) Written lease; signatures. -- A lease shall be in writing and signed by the lessor and the lessee.

(b) Print size; conspicuous language. -- The printed portion of the lease, other than directions for completion of the lease and the text of any assignment between the original lessor and an assignee, shall be printed in a size equal to at least 8 point type. The lease shall contain the following items printed or written in a conspicuous manner:

(1) At the top of the lease, the words "Motor Vehicle Lease Agreement";

(2) If physical damage or liability insurance coverage for bodily injury and property damage caused to others is not included in the lease, a notice substantially similar to the following: "No physical damage or liability insurance coverage for bodily injury or property damage caused to others is included in this lease";

(3) Directly above the acknowledgment permitted by subsection (c) of this section, a written notice substantially similar to the following: "Notice to the lessee: This is a lease. You have no ownership rights in the motor vehicle unless and until you exercise your option to purchase the motor vehicle, if this lease contains a purchase option. Do not sign this lease before you read it or if it contains any blank space. You are entitled to a completely filled in copy of this lease when you sign it";

(4) A statement substantially similar to the following: "Early termination may require you to pay a substantial amount"; and

(5) The following provision in at least 10 point boldface type:



"Notice


Any holder of this consumer lease is subject to all claims and defenses which the lessee could assert against the lessor of the motor vehicle. Recovery hereunder by the lessee shall not exceed amounts paid by the lessee under this lease."

(c) Delivery of copy of lease. --

(1) The lessor shall deliver to the lessee, or mail to the lessee at the lessee's address shown on the lease, a copy of the lease signed by the lessor.

(2) Any acknowledgment by the lessee of delivery of a copy of the lease shall be conspicuous and shall appear directly above the space reserved for the lessee's signature.

(d) Contents of lease -- Names of lessor and lessee; place of business; residence of lessee; description of motor vehicle. -- The lease shall state the names of the original lessor and lessee, the place of business of the original lessor, the residence of the lessee as specified by the lessee, and a description of the motor vehicle, including its make, model year, model, and, if known, the motor vehicle's identification number or marks.

(e) Same -- Disclosures. -- The lease shall contain:

(1) All items required to be disclosed by the Consumer Leasing Act;

(2) A disclosure of the capitalized cost; and

(3) A provision briefly describing the lessee's rights upon default.

(f) Insurance. --

(1) If the lessee is obligated under the lease to maintain liability insurance or other insurance on the motor vehicle and if subsequent to execution of the lease the lessee fails to maintain the required insurance, if the lease permits, the lessor may procure insurance for either the interests of the lessee and the lessor or the interest of either of them insuring substantially the same risks required to be insured by the lease.

(2) The lease may also provide that the amount of the premium paid by the lessor may be the subject of a lease charge as though such amount was part of the capitalized cost, and shall be subject to the default provisions of the lease.

(3) Nothing in this subsection shall prevent the lessor from pursuing any other remedy for default set forth in the lease or provided by law.

(g) Miscellaneous charges. --

(1) If the lease permits, a lessor may impose on the lessee:

(i) A late or delinquency charge for payments or portions of payments that are in default under the lease;

(ii) A collection charge, which may include all court and other collection costs actually incurred by the lessor and, if the lease is referred for collection to an attorney who is not a salaried employee of the lessor, a reasonable attorney's fee; and

(iii) If any payment is made to the lessor with a check that is dishonored on the second presentment, a charge not to exceed $ 15.

(2) No more than one late or delinquency charge may be imposed for any single payment or portion of payment, regardless of the period during which it remains in default.

(h) Items filled in after execution of lease; proof of delivery of copy of lease. --

(1) Except as permitted by paragraph (2) of this subsection, no lease shall be signed by any party if it contains blank spaces to be filled in after it has been signed.

(2) If delivery of the motor vehicle is not made at the time of execution of the lease, the motor vehicle's identifying numbers, marks, or similar information and the due date of the first payment may be filled in after execution of the lease.

(3) The lessee's written acknowledgment, conforming to the requirements of subsection (c) of this section, of delivery of a copy of the lease shall be conclusive proof of delivery of a copy of the consumer lease in any action or proceeding by or against an assignee of the lease without knowledge to the contrary at the time of the assignment.

(i) Sale; assignment. -- Notwithstanding any contrary provision of this subtitle or other laws of this State:

(1) Subject to the rights of the lessee under the lease, a lessor may sell a lease, a leased motor vehicle, or an interest in a lease on such terms and conditions and for such price as may be mutually agreed upon between the lessor and the lessor's assignee; and

(2) No filing of the assignment, no notice to the lessee of the assignment, and no requirement that the lessor be deprived of dominion over payments upon the lease or over the motor vehicle if repossessed by or returned to the lessor, shall be necessary to the validity of a written assignment of a lease as against creditors, subsequent purchasers, pledgees, mortgagees, or encumbrancers of the lessor.

(j) Assignment and effect on payments. --

(1) Until the lessee has notice of assignment of a lease, payment made by the lessee to the last known holder of the lease shall be binding upon all subsequent assignees.

(2) If requested by the lessee, the assignee shall furnish reasonable proof that the assignment has been made and the lessee may pay the original lessor until reasonable proof of the assignment has been furnished.

(3) The lessor shall provide the lessee with a written receipt for any payment made in cash.

(k) Statements concerning remaining payments or liabilities. --

(1) Upon written request from a lessee, the lessor shall give or forward to the lessee a written statement of the dates and amounts of the payments that have been made under the lease and the amount of the lessee's remaining payments and any other amounts owed to the lessor as reflected on the lessor's books and records at the time of the notice.

(2) Upon written request from a lessee, the lessor shall give or forward to the lessee a written estimate of the lessee's total early termination liability under the lease.

(3) No charge may be imposed on the lessee for preparation of the statements provided for in paragraphs (1) and (2) of this subsection, except a lessor may impose a reasonable fee, not to exceed $ 5 per statement, if:

(i) The lessee requests more than one statement under paragraph (1) of this subsection or more than one statement under paragraph (2) of this subsection in any 12-month period; and

(ii) The charge is disclosed in the lease.

(l) Prohibited provisions. -- A lease may not contain any provision by which:

(1) In the absence of the lessee's default, the lessor may, arbitrarily and without reasonable cause, accelerate maturity of any part or all of the amount owing under the lease;

(2) The lessor may accelerate maturity of any part or all of the amount owing under the lease solely because the lessor deems itself insecure;

(3) A power of attorney is given to confess judgment, or an assignment of wages is given;

(4) The lessor, or other person acting on behalf of the lessor, is given authority to enter upon the lessee's premises unlawfully, or to commit any breach of the peace in the repossession of the motor vehicle;

(5) The lessee waives any right of action against the lessor, or other person acting on behalf of the lessor, for any illegal act committed in the collection of payments under the lease or in the repossession of the motor vehicle;

(6) The lessee executes a power of attorney appointing the lessor, or other person acting on behalf of the lessor, as the lessee's agent in collection of payments under the lease or in the repossession of the motor vehicle; provided, however, that this paragraph shall not prohibit the inclusion in a lease of a limited power of attorney or other provision authorizing the lessor to execute in the lessee's name any proofs of insurance claims or losses, to execute in the lessee's name any titling and registration documents, or to endorse the lessee's name on any insurance settlement or premium rebate draft or check the proceeds of which are applicable to the lessee's obligations under the lease;

(7) The lessor is relieved from liability for any legal remedy which the lessee may have against the lessor under the lease, or any separate instrument executed in connection therewith;

(8) The maturity of any part or all of the amount owing under the lease is accelerated where, following a default consisting solely of the failure to make timely payments, a lessee who has the right to redeem the lease makes timely payment of an amount sufficient to redeem the lease under § 14-2008 (h) of this subtitle; or

(9) The lessee waives any right provided to the lessee by this subtitle.

(m) Severability. --

(1) Any clause or provision prohibited by subsection (l) of this section shall be unenforceable but shall not otherwise affect the lease's continuing validity and enforceability.

(2) The penalties provided in § 14-2007 of this subtitle or in § 13-408 of this article do not apply to violations of subsection (l) of this section unless a lessor attempts to enforce a provision prohibited by that subsection.

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Md. Com. L. Code Ann. §14-2003. Prohibited activities by lessors
(a) In general. -- A person who leases vehicles to lessees may not:

(1) Make any false, falsely disparaging, or misleading oral or written statement, visual description, or other representation of any kind that has the capacity, tendency, or effect of deceiving or misleading a consumer or lessee;

(2) By any means advertise or offer to the public any motor vehicle without intent to lease it as advertised or offered; or

(3) Misrepresent a lease of a motor vehicle as a sale.

(b) New lease provisions less favorable to lessee. --

(1) Except as allowed by paragraph (2) of this subsection, in offering to allow a lessee to cure a default by entering into a new lease for the same motor vehicle, a lessor may not include in the new lease any material provision that is less favorable to the lessee than the provisions of the original lease.

(2) A lessor may include in a lease under paragraph (1) of this subsection an increase in one or more of the following:

(i) The security deposit;

(ii) The down payment paid to the lessor; or

(iii) The lease payments, so long as the total of scheduled lease payments over the term of the new lease does not exceed the total of scheduled lease payments under the original lease
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Md. Com. L. Code Ann. §14-2003. Prohibited activities by lessors
(a) In general. -- A person who leases vehicles to lessees may not:

(1) Make any false, falsely disparaging, or misleading oral or written statement, visual description, or other representation of any kind that has the capacity, tendency, or effect of deceiving or misleading a consumer or lessee;

(2) By any means advertise or offer to the public any motor vehicle without intent to lease it as advertised or offered; or

(3) Misrepresent a lease of a motor vehicle as a sale.

(b) New lease provisions less favorable to lessee. --

(1) Except as allowed by paragraph (2) of this subsection, in offering to allow a lessee to cure a default by entering into a new lease for the same motor vehicle, a lessor may not include in the new lease any material provision that is less favorable to the lessee than the provisions of the original lease.

(2) A lessor may include in a lease under paragraph (1) of this subsection an increase in one or more of the following:

(i) The security deposit;

(ii) The down payment paid to the lessor; or

(iii) The lease payments, so long as the total of scheduled lease payments over the term of the new lease does not exceed the total of scheduled lease payments under the original lease
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Md. Com. L. Code Ann. § 14-2004. Warranties; rights and remedies of party where there is a nonconformity, defect, or condition
(a) Applicability of Uniform Commercial Code. -- To the extent that §§ 2-313 through 2-318, inclusive, of this article apply to the purchase of a motor vehicle, the rights and remedies provided for in those sections shall apply to the lease of a motor vehicle and may be exercised by any lessee.

(b) Notice to lessee regarding mileage to be included in warranty period. -- If the warranty period is to include those miles of operation when the new motor vehicle is in the possession of any person other than the lessee, the manufacturer shall state that fact in 12 point boldface type in the manufacturer's written warranty.

(c) Nonconformity, defect or condition -- Report. --

(1) (i) If a new motor vehicle does not conform to all applicable warranties during the warranty period, the lessee shall, during the warranty period, report the nonconformity, defect, or condition by giving written notice to the manufacturer, factory branch, or lessor by certified mail, return receipt requested.

(ii) Notice of this procedure shall be conspicuously disclosed to the lessee in writing at the time of lease of the motor vehicle.

(2) The lessee shall provide an opportunity for the manufacturer or factory branch, its agent or authorized dealer, or the lessor or the lessor's agent to cure the nonconformity, defect, or condition.

(3) The manufacturer or factory branch, its agent or its authorized dealer, or the lessor or the lessor's agent shall correct the nonconformity, defect, or condition at no charge to the lessee, even if repairs are made after the expiration of the warranty period.

(d) Same -- Rights and remedies where manufacturer, factory branch, etc., unable to repair or correct. --

(1) (i) If, during the warranty period, the manufacturer or factory branch, its agent or authorized dealer, or the lessor or the lessor's agent is unable to repair or correct any nonconformity, defect, or condition that substantially impairs the use and market value of the motor vehicle to the lessee after a reasonable number of attempts, the manufacturer or factory branch, at the option of the lessee shall:

1. Replace the motor vehicle with a comparable motor vehicle acceptable to the lessee; or

2. Accept return of the motor vehicle from the lessee and refund to the lessee all moneys paid by the lessee to repair the defect, condition, or nonconformity pursuant to a lease, including all excise tax, license fees, registration fees, and any similar governmental charges, less a reasonable allowance for the lessee's unimpaired use of the vehicle; and

(ii) In the event a motor vehicle is replaced under paragraph (1)(i)1 of this subsection and provided that the lessee meets the lessor's then current credit criteria with respect to the lease, the lessor shall:

1. Transfer the title of the defective motor vehicle to the manufacturer;

2. Accept title to the comparable replacement motor vehicle;

3. Transfer possession of the comparable replacement motor vehicle to the lessee; and

4. Execute a lease agreement with the lessee with the same time period, terms, and conditions of the original lease.

(2) (i) In the event a manufacturer accepts return of a motor vehicle, under paragraph (1) (i) 2 of this subsection, the lessee shall be compensated by the manufacturer for any moneys paid during the period in which the motor vehicle was not available due to the defect, condition, or nonconformity and the lessor shall be paid by the manufacturer all amounts due to the lessor under the terms of the lease.

(ii) This subsection shall be construed to provide a mechanism through which the lessee and the lessor shall be made whole for losses incurred as a result of a motor vehicle's nonconformity, defect, or condition, and actions taken to conform the motor vehicle to applicable warranties.

(3) If a manufacturer, factory branch, dealer, or lessor accepts return of a motor vehicle as described under paragraph (1) (i) of this subsection, the lessee may not be obligated to pay any penalties, early termination fees, or other charges as a consequence of the return of the motor vehicle.

(e) When presumption that a reasonable number of attempts to conform vehicle to applicable warranties arises. -- It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable warranties if:

(1) The same nonconformity, defect, or condition has been subject to repair 4 or more times by the manufacturer or factory branch, or its agents or authorized dealers, within the warranty period but such nonconformity, defect, or condition continues to exist;

(2) The motor vehicle is out of service by reason of repair of 1 or more nonconformities, defects, or conditions for a cumulative total of 30 or more days during the warranty period; or

(3) A nonconformity, defect, or condition resulting in failure of the braking or steering system has been subject to the same repair at least once within the warranty period, and the manufacturer has been notified and given the opportunity to cure the defect, and the repair does not bring the vehicle into compliance with the motor vehicle safety inspection laws of the State.

(f) Extension of term of warranty, warranty period, and 30-day out-of-service period. -- The term of any warranty, the warranty period, and the 30-day out-of-service period shall be extended by any time during which repair services are not available to the lessee by reason of war, invasion, strike, or fire, flood, or other natural disaster.

(g) Vehicles returned as defective -- Notice to Motor Vehicle Administration. -- If a motor vehicle is returned to a manufacturer or factory branch under subsection (d) (1) (i) of this section, the manufacturer or factory branch shall notify the Motor Vehicle Administration of the fact that the vehicle was returned under this subtitle as defective.

(h) Same -- Resale or subsequent lease. -- If a motor vehicle that is returned under this subtitle is then made available for resale or subsequent lease, the seller or lessor shall disclose prior to sale or lease in writing in a clear and conspicuous manner, on a separate piece of paper in 10 point all capital type, to a lessee or buyer the material fact that this motor vehicle was returned to the manufacturer or factory branch, the nature of the defect which resulted in the return, and the condition of the motor vehicle at the time of resale or subsequent lease
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Md. Com. L. Code Ann. § 14-2004. Warranties; rights and remedies of party where there is a nonconformity, defect, or condition
(a) Applicability of Uniform Commercial Code. -- To the extent that §§ 2-313 through 2-318, inclusive, of this article apply to the purchase of a motor vehicle, the rights and remedies provided for in those sections shall apply to the lease of a motor vehicle and may be exercised by any lessee.

(b) Notice to lessee regarding mileage to be included in warranty period. -- If the warranty period is to include those miles of operation when the new motor vehicle is in the possession of any person other than the lessee, the manufacturer shall state that fact in 12 point boldface type in the manufacturer's written warranty.

(c) Nonconformity, defect or condition -- Report. --

(1) (i) If a new motor vehicle does not conform to all applicable warranties during the warranty period, the lessee shall, during the warranty period, report the nonconformity, defect, or condition by giving written notice to the manufacturer, factory branch, or lessor by certified mail, return receipt requested.

(ii) Notice of this procedure shall be conspicuously disclosed to the lessee in writing at the time of lease of the motor vehicle.

(2) The lessee shall provide an opportunity for the manufacturer or factory branch, its agent or authorized dealer, or the lessor or the lessor's agent to cure the nonconformity, defect, or condition.

(3) The manufacturer or factory branch, its agent or its authorized dealer, or the lessor or the lessor's agent shall correct the nonconformity, defect, or condition at no charge to the lessee, even if repairs are made after the expiration of the warranty period.

(d) Same -- Rights and remedies where manufacturer, factory branch, etc., unable to repair or correct. --

(1) (i) If, during the warranty period, the manufacturer or factory branch, its agent or authorized dealer, or the lessor or the lessor's agent is unable to repair or correct any nonconformity, defect, or condition that substantially impairs the use and market value of the motor vehicle to the lessee after a reasonable number of attempts, the manufacturer or factory branch, at the option of the lessee shall:

1. Replace the motor vehicle with a comparable motor vehicle acceptable to the lessee; or

2. Accept return of the motor vehicle from the lessee and refund to the lessee all moneys paid by the lessee to repair the defect, condition, or nonconformity pursuant to a lease, including all excise tax, license fees, registration fees, and any similar governmental charges, less a reasonable allowance for the lessee's unimpaired use of the vehicle; and

(ii) In the event a motor vehicle is replaced under paragraph (1)(i)1 of this subsection and provided that the lessee meets the lessor's then current credit criteria with respect to the lease, the lessor shall:

1. Transfer the title of the defective motor vehicle to the manufacturer;

2. Accept title to the comparable replacement motor vehicle;

3. Transfer possession of the comparable replacement motor vehicle to the lessee; and

4. Execute a lease agreement with the lessee with the same time period, terms, and conditions of the original lease.

(2) (i) In the event a manufacturer accepts return of a motor vehicle, under paragraph (1) (i) 2 of this subsection, the lessee shall be compensated by the manufacturer for any moneys paid during the period in which the motor vehicle was not available due to the defect, condition, or nonconformity and the lessor shall be paid by the manufacturer all amounts due to the lessor under the terms of the lease.

(ii) This subsection shall be construed to provide a mechanism through which the lessee and the lessor shall be made whole for losses incurred as a result of a motor vehicle's nonconformity, defect, or condition, and actions taken to conform the motor vehicle to applicable warranties.

(3) If a manufacturer, factory branch, dealer, or lessor accepts return of a motor vehicle as described under paragraph (1) (i) of this subsection, the lessee may not be obligated to pay any penalties, early termination fees, or other charges as a consequence of the return of the motor vehicle.

(e) When presumption that a reasonable number of attempts to conform vehicle to applicable warranties arises. -- It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable warranties if:

(1) The same nonconformity, defect, or condition has been subject to repair 4 or more times by the manufacturer or factory branch, or its agents or authorized dealers, within the warranty period but such nonconformity, defect, or condition continues to exist;

(2) The motor vehicle is out of service by reason of repair of 1 or more nonconformities, defects, or conditions for a cumulative total of 30 or more days during the warranty period; or

(3) A nonconformity, defect, or condition resulting in failure of the braking or steering system has been subject to the same repair at least once within the warranty period, and the manufacturer has been notified and given the opportunity to cure the defect, and the repair does not bring the vehicle into compliance with the motor vehicle safety inspection laws of the State.

(f) Extension of term of warranty, warranty period, and 30-day out-of-service period. -- The term of any warranty, the warranty period, and the 30-day out-of-service period shall be extended by any time during which repair services are not available to the lessee by reason of war, invasion, strike, or fire, flood, or other natural disaster.

(g) Vehicles returned as defective -- Notice to Motor Vehicle Administration. -- If a motor vehicle is returned to a manufacturer or factory branch under subsection (d) (1) (i) of this section, the manufacturer or factory branch shall notify the Motor Vehicle Administration of the fact that the vehicle was returned under this subtitle as defective.

(h) Same -- Resale or subsequent lease. -- If a motor vehicle that is returned under this subtitle is then made available for resale or subsequent lease, the seller or lessor shall disclose prior to sale or lease in writing in a clear and conspicuous manner, on a separate piece of paper in 10 point all capital type, to a lessee or buyer the material fact that this motor vehicle was returned to the manufacturer or factory branch, the nature of the defect which resulted in the return, and the condition of the motor vehicle at the time of resale or subsequent lease
.

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Md. Com. L. Code Ann. §14-2005. Lessee's rights and remedies under other laws not limited by subtitle; informal settlement procedure; actions involving leased vehicles; fees for excess use

(a) Title 2A inapplicable. -- Title 2A of this article shall not apply to motor vehicle leases governed by this subtitle.

(b) Lessee's rights and remedies under other laws not limited by subtitle. -- Except as provided in subsection (a) of this section, this subtitle does not limit the rights or remedies that are otherwise available to a lessee under any other law, including any implied warranties, including the federal Magnusson Moss Warranty Act and the Maryland Uniform Commercial Code.

(c) Informal settlement procedure. --

(1) If a manufacturer or factory branch has established an informal dispute settlement procedure which complies in all respects with the provisions of Title 16, Code of Federal Regulations, Part 703, as amended, a lessee need not resort to that procedure before § 14-2004 (c) of this subtitle applies.

(2) A lessee who has resorted to an informal dispute settlement procedure may not be precluded from seeking the rights or remedies available by law.

(d) Agreements waiving, limiting, etc., rights under subtitle void. -- Except as otherwise provided by this subtitle, any agreement entered into by a lessee for the lease of a new motor vehicle that waives, limits, or disclaims the rights set forth in this subtitle shall be void.

(e) Rights available to lessee inure to assignee. --

(1) If a lessor permits the lessee to assign any interest in the lease or in the motor vehicle, upon such assignment the rights available to a lessee under this subtitle shall inure to an assignee of the lessee's rights under the lease or a subsequent transferee of the motor vehicle.

(2) Nothing in this subtitle shall be construed to permit a lessee to sublease a motor vehicle in violation of § 8-408 of the Criminal Law Article.

(f) Limitations of actions. --

(1) Any action brought under this subtitle may not be brought more than 1 year after termination of the lease.

(2) Notwithstanding the limitation in paragraph (1) of this subsection, a lessee at any time may assert a violation of this subtitle in an action to collect the debt as a matter of defense, by recoupment or setoff.

(g) Fees for excess wear, use or mileage. --

(1) Except as provided in paragraph (2) of this subsection, a lessor may charge fees for excess wear and use or excess mileage if:

(i) The right to charge the fees and method for calculating the fees are disclosed in the lease in at least 8 point bold capital letters;

(ii) At the time the vehicle is returned, the lessor conducts a visual inspection of the vehicle and provides the lessee with a reasonable opportunity to be present at the inspection. If the lessee is present, in addition to the notice required by subparagraph (iii) of this paragraph, the lessor shall provide the lessee at the time of the inspection with a written statement of the mileage and of the excess wear to the motor vehicle identified through the visual inspection. If the lessee is not present at the inspection, the lessor is only required to provide the lessee with the notice required by subparagraph (iii) of this paragraph;

(iii) Within 30 days after obtaining possession of the motor vehicle, the lessor delivers or mails to the lessee at the lessee's last known address:

1. An itemized list of excess wear to the motor vehicle and the estimated or actual cost of repairing or replacing each item listed; and

2. A statement of the number of miles above the amount permitted by the lease and the total charge to the lessee for the excess mileage.

(2) A lessor may not charge fees for excess wear and use or excess mileage if the lessee exercises an option to purchase the leased motor vehicle.

Md. Com. L. Code Ann. §14-2005. Lessee's rights and remedies under other laws not limited by subtitle; informal settlement procedure; actions involving leased vehicles; fees for excess use

(a) Title 2A inapplicable. -- Title 2A of this article shall not apply to motor vehicle leases governed by this subtitle.

(b) Lessee's rights and remedies under other laws not limited by subtitle. -- Except as provided in subsection (a) of this section, this subtitle does not limit the rights or remedies that are otherwise available to a lessee under any other law, including any implied warranties, including the federal Magnusson Moss Warranty Act and the Maryland Uniform Commercial Code.

(c) Informal settlement procedure. --

(1) If a manufacturer or factory branch has established an informal dispute settlement procedure which complies in all respects with the provisions of Title 16, Code of Federal Regulations, Part 703, as amended, a lessee need not resort to that procedure before § 14-2004 (c) of this subtitle applies.

(2) A lessee who has resorted to an informal dispute settlement procedure may not be precluded from seeking the rights or remedies available by law.

(d) Agreements waiving, limiting, etc., rights under subtitle void. -- Except as otherwise provided by this subtitle, any agreement entered into by a lessee for the lease of a new motor vehicle that waives, limits, or disclaims the rights set forth in this subtitle shall be void.

(e) Rights available to lessee inure to assignee. --

(1) If a lessor permits the lessee to assign any interest in the lease or in the motor vehicle, upon such assignment the rights available to a lessee under this subtitle shall inure to an assignee of the lessee's rights under the lease or a subsequent transferee of the motor vehicle.

(2) Nothing in this subtitle shall be construed to permit a lessee to sublease a motor vehicle in violation of § 8-408 of the Criminal Law Article.

(f) Limitations of actions. --

(1) Any action brought under this subtitle may not be brought more than 1 year after termination of the lease.

(2) Notwithstanding the limitation in paragraph (1) of this subsection, a lessee at any time may assert a violation of this subtitle in an action to collect the debt as a matter of defense, by recoupment or setoff.

(g) Fees for excess wear, use or mileage. --

(1) Except as provided in paragraph (2) of this subsection, a lessor may charge fees for excess wear and use or excess mileage if:

(i) The right to charge the fees and method for calculating the fees are disclosed in the lease in at least 8 point bold capital letters;

(ii) At the time the vehicle is returned, the lessor conducts a visual inspection of the vehicle and provides the lessee with a reasonable opportunity to be present at the inspection. If the lessee is present, in addition to the notice required by subparagraph (iii) of this paragraph, the lessor shall provide the lessee at the time of the inspection with a written statement of the mileage and of the excess wear to the motor vehicle identified through the visual inspection. If the lessee is not present at the inspection, the lessor is only required to provide the lessee with the notice required by subparagraph (iii) of this paragraph;

(iii) Within 30 days after obtaining possession of the motor vehicle, the lessor delivers or mails to the lessee at the lessee's last known address:

1. An itemized list of excess wear to the motor vehicle and the estimated or actual cost of repairing or replacing each item listed; and

2. A statement of the number of miles above the amount permitted by the lease and the total charge to the lessee for the excess mileage.

(2) A lessor may not charge fees for excess wear and use or excess mileage if the lessee exercises an option to purchase the leased motor vehicle.

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Md. Com. L. Code Ann. § 14-2006. Applicability of subtitle; exclusion or limitation of operation of subtitle prohibited
(a) Applicability of subtitle. --

(1) This subtitle applies only to the lease of a motor vehicle where the lessee has signed or been offered the lease in this State.

(2) This subtitle does not apply to a fleet lease of 5 or more motor vehicles.

(b) Exclusion or limitation of operation of subtitle prohibited. -- A lessor, manufacturer, factory branch, distributor, or dealer may not exclude or limit the operation of this subtitle.

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Md. Com. L. Code Ann. § 14-2006. Applicability of subtitle; exclusion or limitation of operation of subtitle prohibited
(a) Applicability of subtitle. --

(1) This subtitle applies only to the lease of a motor vehicle where the lessee has signed or been offered the lease in this State.

(2) This subtitle does not apply to a fleet lease of 5 or more motor vehicles.

(b) Exclusion or limitation of operation of subtitle prohibited. -- A lessor, manufacturer, factory branch, distributor, or dealer may not exclude or limit the operation of this subtitle.

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Md. Com. L. Code Ann. § 14-2007. Liability; attorney's fees; unfair and deceptive trade practice; investigation and hearing by Commissioner; notice of error or violation

(a) Liability. -- Except as otherwise provided in this subtitle, a lessor who fails to comply with any requirement imposed by this subtitle with respect to a person shall be liable to the person for:

(1) Any actual damage sustained by the person as a result of the failure; and

(2) An amount equal to 25% of the total amount of monthly payments under the lease, but not less than $ 100 nor greater than $ 1,000.

(b) Attorney's fees. --

(1) A court may award reasonable attorney's fees to a prevailing party under this subtitle.

(2) If it appears to the satisfaction of the court that an action is brought in bad faith or is of a frivolous nature, the court may order the offending party to pay the other party reasonable attorney's fees.

(c) Violation as unfair and deceptive trade practice. -- A violation of this subtitle shall be an unfair or deceptive trade practice within the meaning of Title 13 of this article, except that a person who recovers damages under this section for a violation of this subtitle shall not be entitled to recover damages for the same violation under § 13-408 of this article.

(d) Adjustments to correct errors. -- A lessee may not recover damages in an action under this subtitle or under Title 13 of this article for any failure to comply with any provision of this subtitle if, within 60 days after discovering an error and prior to the institution of an action under this subtitle or under Title 13 of this article or the receipt of written notice of the error from the lessee, the lessor notifies the lessee of the error and makes whatever adjustments are necessary to correct the error.

(e) Investigation and hearing by Commissioner. --

(1) If a complaint for violation of any provision of this subtitle is filed with the Commissioner of Financial Regulation, the Commissioner may investigate the complaint and hold a hearing on it in accordance with § 11-413 of the Financial Institutions Article.

(2) The Commissioner shall give to the person against whom a complaint is filed at least 10 days' written notice of the complaint and the time and place of any hearing. The notice shall be in writing and sent by registered or certified mail to the person's principal place of business.

(3) (i) If, after the hearing, the Commissioner finds that a person has engaged or is engaging in any act or practice prohibited by this subtitle, the Commissioner shall order the person to cease and desist from the act or practice.

(ii) The order of the Commissioner shall comply with the Administrative Procedure Act.

(4) (i) If no appeal is filed, the order becomes final after expiration of the time allowed by the Administrative Procedure Act for appeals from the Commissioner's order.

(ii) If an appeal is filed, the order becomes final after final decision of the court affirming the order or dismissing the appeal.

(5) For purposes of this section, the Commissioner's order may not apply to any:

(i) Incorporated bank, savings institution, or trust company;

(ii) Savings and loan association; or

(iii) Federal credit union or state chartered credit union.

(f) Notice of error or violation. --

(1) In this subsection, "notice" means the first to occur of the following:

(i) When the lessor receives a written notice from the lessee notifying the lessor of an error or violation;

(ii) When the lessor receives a written notice from the Commissioner of Financial Regulation or the appropriate regulatory authority notifying the lessor of an error or violation; or

(iii) When the lessor receives service of process in a civil action for an error or violation instituted by a lessee in a court of competent jurisdiction.

(2) The penalty provided under subsection (a)(2) of this section does not apply where a lessor:

(i) Unintentionally and in good faith fails to comply with this subtitle; and

(ii) Corrects the error or violation and makes the lessee whole for all losses, including reasonable attorney's fees and interest, where appropriate, within 10 days after the lessor receives notice of the error or violation.

(3) The burden shall be on the lessor to show that the lessor's failure to comply with this subtitle was unintentional and in good faith.

(4) A lessor who knowingly violates any provision of this subtitle shall be liable to the lessee for 3 times the amount of fees and charges collected in excess of that authorized by this subtitle.

Md. Com. L. Code Ann. § 14-2007. Liability; attorney's fees; unfair and deceptive trade practice; investigation and hearing by Commissioner; notice of error or violation

(a) Liability. -- Except as otherwise provided in this subtitle, a lessor who fails to comply with any requirement imposed by this subtitle with respect to a person shall be liable to the person for:

(1) Any actual damage sustained by the person as a result of the failure; and

(2) An amount equal to 25% of the total amount of monthly payments under the lease, but not less than $ 100 nor greater than $ 1,000.

(b) Attorney's fees. --

(1) A court may award reasonable attorney's fees to a prevailing party under this subtitle.

(2) If it appears to the satisfaction of the court that an action is brought in bad faith or is of a frivolous nature, the court may order the offending party to pay the other party reasonable attorney's fees.

(c) Violation as unfair and deceptive trade practice. -- A violation of this subtitle shall be an unfair or deceptive trade practice within the meaning of Title 13 of this article, except that a person who recovers damages under this section for a violation of this subtitle shall not be entitled to recover damages for the same violation under § 13-408 of this article.

(d) Adjustments to correct errors. -- A lessee may not recover damages in an action under this subtitle or under Title 13 of this article for any failure to comply with any provision of this subtitle if, within 60 days after discovering an error and prior to the institution of an action under this subtitle or under Title 13 of this article or the receipt of written notice of the error from the lessee, the lessor notifies the lessee of the error and makes whatever adjustments are necessary to correct the error.

(e) Investigation and hearing by Commissioner. --

(1) If a complaint for violation of any provision of this subtitle is filed with the Commissioner of Financial Regulation, the Commissioner may investigate the complaint and hold a hearing on it in accordance with § 11-413 of the Financial Institutions Article.

(2) The Commissioner shall give to the person against whom a complaint is filed at least 10 days' written notice of the complaint and the time and place of any hearing. The notice shall be in writing and sent by registered or certified mail to the person's principal place of business.

(3) (i) If, after the hearing, the Commissioner finds that a person has engaged or is engaging in any act or practice prohibited by this subtitle, the Commissioner shall order the person to cease and desist from the act or practice.

(ii) The order of the Commissioner shall comply with the Administrative Procedure Act.

(4) (i) If no appeal is filed, the order becomes final after expiration of the time allowed by the Administrative Procedure Act for appeals from the Commissioner's order.

(ii) If an appeal is filed, the order becomes final after final decision of the court affirming the order or dismissing the appeal.

(5) For purposes of this section, the Commissioner's order may not apply to any:

(i) Incorporated bank, savings institution, or trust company;

(ii) Savings and loan association; or

(iii) Federal credit union or state chartered credit union.

(f) Notice of error or violation. --

(1) In this subsection, "notice" means the first to occur of the following:

(i) When the lessor receives a written notice from the lessee notifying the lessor of an error or violation;

(ii) When the lessor receives a written notice from the Commissioner of Financial Regulation or the appropriate regulatory authority notifying the lessor of an error or violation; or

(iii) When the lessor receives service of process in a civil action for an error or violation instituted by a lessee in a court of competent jurisdiction.

(2) The penalty provided under subsection (a)(2) of this section does not apply where a lessor:

(i) Unintentionally and in good faith fails to comply with this subtitle; and

(ii) Corrects the error or violation and makes the lessee whole for all losses, including reasonable attorney's fees and interest, where appropriate, within 10 days after the lessor receives notice of the error or violation.

(3) The burden shall be on the lessor to show that the lessor's failure to comply with this subtitle was unintentional and in good faith.

(4) A lessor who knowingly violates any provision of this subtitle shall be liable to the lessee for 3 times the amount of fees and charges collected in excess of that authorized by this subtitle.

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Md. Com. L. Code Ann. §14-2008. Repossession of leased motor vehicle -- In general

(a) Authorized. --

(1) A lessor may repossess a leased motor vehicle if the lessee is in default or a law enforcement agency has seized the motor vehicle and will not unconditionally return the motor vehicle to the lessor.

(2) The lessor may repossess the leased motor vehicle from a lessee only by:

(i) Legal process; or

(ii) Self-help, without use of force.

(b) Criminal action not authorized. -- Nothing in this section authorizes a violation of criminal law.

(c) Notice of intention to repossess -- Contents. --

(1) At least 10 days before a lessor repossesses any leased motor vehicle, the lessor may serve a written notice on the lessee of the intention to repossess the motor vehicle.

(2) The notice shall:

(i) State the default and any period at the end of which the leased motor vehicle will be repossessed; and

(ii) Briefly state the rights of the lessee in case the leased motor vehicle is repossessed.

(d) Same -- Delivery. -- The notice may be delivered to the lessee personally or sent to the lessee at the lessee's last known address by registered or certified mail.

(e) Notice outlining lessee's rights upon repossession -- Contents. -- Within 5 days after the lessor repossesses the leased motor vehicle, the lessor shall deliver to the lessee personally or send to the lessee at the lessee's last known address by registered or certified mail a written notice which states:

(1) The right of the lessee to redeem the leased motor vehicle and the amount payable for it;

(2) The rights of the lessee as to a sale of the motor vehicle and the lessee's liability for a deficiency; and

(3) The exact location where the leased motor vehicle is stored and the address where any payment is to be made.

(f) Same -- Retention by lessor for 15 days. -- For 15 days after the lessor gives the notice required by subsection (e) of this section, the lessor shall retain the repossessed motor vehicle.

(g) Redemption -- Authorized. -- During the period provided for in subsection (f) of this section, the lessee may:

(1) Redeem and retake possession of the motor vehicle; and

(2) Resume the performance of the lease.

(h) Same -- Method. -- To redeem the leased motor vehicle, the lessee shall:

(1) Tender the amount due under the lease at the time of redemption, without giving effect to any provision which allows acceleration of any amounts otherwise payable after that time;

(2) Tender performance of any other promise for the breach of which the motor vehicle was repossessed; and

(3) If the discretionary notice provided for in subsection (c) of this section was given, pay the actual and reasonable expenses of retaking and storing the motor vehicle.

(i) Applicability of section. -- This section does not apply, and the lessor shall have the right to enforce the lease according to its terms, including the default and early termination provisions of the lease and any provision that requires the lessee to pay an amount due at early termination, if:

(1) The date of the default under the lease that led to the present repossession occurred within 18 months after the last repossession; or

(2) The lessee was guilty of fraudulent conduct, intentionally and wrongfully concealed, removed, damaged, or destroyed the motor vehicle, or attempted to do so, and the motor vehicle was repossessed because of that conduct.

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Md. Com. L. Code Ann. §14-2008. Repossession of leased motor vehicle -- In general

(a) Authorized. --

(1) A lessor may repossess a leased motor vehicle if the lessee is in default or a law enforcement agency has seized the motor vehicle and will not unconditionally return the motor vehicle to the lessor.

(2) The lessor may repossess the leased motor vehicle from a lessee only by:

(i) Legal process; or

(ii) Self-help, without use of force.

(b) Criminal action not authorized. -- Nothing in this section authorizes a violation of criminal law.

(c) Notice of intention to repossess -- Contents. --

(1) At least 10 days before a lessor repossesses any leased motor vehicle, the lessor may serve a written notice on the lessee of the intention to repossess the motor vehicle.

(2) The notice shall:

(i) State the default and any period at the end of which the leased motor vehicle will be repossessed; and

(ii) Briefly state the rights of the lessee in case the leased motor vehicle is repossessed.

(d) Same -- Delivery. -- The notice may be delivered to the lessee personally or sent to the lessee at the lessee's last known address by registered or certified mail.

(e) Notice outlining lessee's rights upon repossession -- Contents. -- Within 5 days after the lessor repossesses the leased motor vehicle, the lessor shall deliver to the lessee personally or send to the lessee at the lessee's last known address by registered or certified mail a written notice which states:

(1) The right of the lessee to redeem the leased motor vehicle and the amount payable for it;

(2) The rights of the lessee as to a sale of the motor vehicle and the lessee's liability for a deficiency; and

(3) The exact location where the leased motor vehicle is stored and the address where any payment is to be made.

(f) Same -- Retention by lessor for 15 days. -- For 15 days after the lessor gives the notice required by subsection (e) of this section, the lessor shall retain the repossessed motor vehicle.

(g) Redemption -- Authorized. -- During the period provided for in subsection (f) of this section, the lessee may:

(1) Redeem and retake possession of the motor vehicle; and

(2) Resume the performance of the lease.

(h) Same -- Method. -- To redeem the leased motor vehicle, the lessee shall:

(1) Tender the amount due under the lease at the time of redemption, without giving effect to any provision which allows acceleration of any amounts otherwise payable after that time;

(2) Tender performance of any other promise for the breach of which the motor vehicle was repossessed; and

(3) If the discretionary notice provided for in subsection (c) of this section was given, pay the actual and reasonable expenses of retaking and storing the motor vehicle.

(i) Applicability of section. -- This section does not apply, and the lessor shall have the right to enforce the lease according to its terms, including the default and early termination provisions of the lease and any provision that requires the lessee to pay an amount due at early termination, if:

(1) The date of the default under the lease that led to the present repossession occurred within 18 months after the last repossession; or

(2) The lessee was guilty of fraudulent conduct, intentionally and wrongfully concealed, removed, damaged, or destroyed the motor vehicle, or attempted to do so, and the motor vehicle was repossessed because of that conduct.

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Md. Com. L. Code Ann. §14-2009. Same -- Sale

(a) Applicability of section. -- This section applies if the lease provides that the motor vehicle is to be sold after repossession and the lessee is to be responsible for any deficiency arising from the sale of the motor vehicle.

(b) Private sale or public auction; notice to lessee; commercially reasonable sale. --

(1) The lessor shall sell the motor vehicle that was repossessed at:

(i) Subject to subsection (c) of this section, a private sale; or

(ii) A public auction.

(2) At least 10 days before the sale, the lessor shall notify the lessee in writing of the time and place of the sale, by certified mail, return receipt requested, sent to the lessee's last known address.

(3) Any sale of a repossessed motor vehicle must be accomplished in a commercially reasonable manner.

(c) Accounting to lessee. -- In all cases of a private sale of a repossessed motor vehicle under this section, a full accounting shall be made to the lessee in writing. This accounting shall contain the following information:

(1) The unpaid balance at the time the motor vehicle was repossessed;

(2) The refund credit of unearned insurance premiums, if any;

(3) The remaining net balance;

(4) The proceeds of the sale of the motor vehicle;

(5) The remaining deficiency balance, if any, or the amount due to the lessee; and

(6) All expenses incurred as a result of the sale.

(d) Determination by Commissioner of reasonable sale. -- The Commissioner of Financial Regulation may make a determination concerning any private sale that the sale was not accomplished in a commercially reasonable manner. Upon that determination, the Commissioner may enter an order disallowing any claim for a deficiency balance.

(e) Distribution of proceeds. --

(1) The proceeds of a sale to which this section applies shall be applied, in the following order, to:

(i) The actual and reasonable costs of the sale;

(ii) The actual and reasonable costs of retaking and storing the property; and

(iii) The unpaid balance owing under the lease agreement at the time the property was repossessed.

(2) The lessor shall furnish to the lessee a written statement which shows the distribution of the proceeds.

(3) If the provisions of this subtitle, including the requirement of furnishing a notice following repossession, are not followed, the lessor shall not be entitled to any deficiency judgment to which it would be entitled under the lease agreement.


Md. Com. L. Code Ann. §14-2009. Same -- Sale

(a) Applicability of section. -- This section applies if the lease provides that the motor vehicle is to be sold after repossession and the lessee is to be responsible for any deficiency arising from the sale of the motor vehicle.

(b) Private sale or public auction; notice to lessee; commercially reasonable sale. --

(1) The lessor shall sell the motor vehicle that was repossessed at:

(i) Subject to subsection (c) of this section, a private sale; or

(ii) A public auction.

(2) At least 10 days before the sale, the lessor shall notify the lessee in writing of the time and place of the sale, by certified mail, return receipt requested, sent to the lessee's last known address.

(3) Any sale of a repossessed motor vehicle must be accomplished in a commercially reasonable manner.

(c) Accounting to lessee. -- In all cases of a private sale of a repossessed motor vehicle under this section, a full accounting shall be made to the lessee in writing. This accounting shall contain the following information:

(1) The unpaid balance at the time the motor vehicle was repossessed;

(2) The refund credit of unearned insurance premiums, if any;

(3) The remaining net balance;

(4) The proceeds of the sale of the motor vehicle;

(5) The remaining deficiency balance, if any, or the amount due to the lessee; and

(6) All expenses incurred as a result of the sale.

(d) Determination by Commissioner of reasonable sale. -- The Commissioner of Financial Regulation may make a determination concerning any private sale that the sale was not accomplished in a commercially reasonable manner. Upon that determination, the Commissioner may enter an order disallowing any claim for a deficiency balance.

(e) Distribution of proceeds. --

(1) The proceeds of a sale to which this section applies shall be applied, in the following order, to:

(i) The actual and reasonable costs of the sale;

(ii) The actual and reasonable costs of retaking and storing the property; and

(iii) The unpaid balance owing under the lease agreement at the time the property was repossessed.

(2) The lessor shall furnish to the lessee a written statement which shows the distribution of the proceeds.

(3) If the provisions of this subtitle, including the requirement of furnishing a notice following repossession, are not followed, the lessor shall not be entitled to any deficiency judgment to which it would be entitled under the lease agreement.


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Md. Com. L. Code Ann. § 14-2010. Penalties or charges in event of early termination or default
Any penalties or charges set forth in the lease or claimed by the lessor in the event of early termination or default must comply with the standards set forth in the Consumer Leasing Act.

Md. Com. L. Code Ann. § 14-2010. Penalties or charges in event of early termination or default
Any penalties or charges set forth in the lease or claimed by the lessor in the event of early termination or default must comply with the standards set forth in the Consumer Leasing Act.

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Md. Com. L. Code Ann. § 14-2101. Collision damage waivers for rental motor vehicles
(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Collision damage waiver" means any contract, whether separate from or part of a rental agreement, in which the lessor agrees, for a charge, to waive all or part of any claims against the lessee for damages to the rental motor vehicle during the term of the rental agreement.

(3) "Lessee" means any person obtaining the use of a rental motor vehicle from a lessor under the terms of a rental agreement.

(4) "Lessor" means any person in the business of providing rental motor vehicles to the public.

(5) "Passenger car" means any motor vehicle that is a Class A (passenger) vehicle under § 13-912 of the Transportation Article, or any motor vehicle that is a Class M (multipurpose) vehicle under § 13-937 of the Transportation Article if the vehicle is used primarily for transporting passengers.

(6) "Rental agreement" means a written agreement setting forth the terms and conditions governing the use of a rental motor vehicle by a lessee for a period of less than 180 days.

(7) "Rental motor vehicle" means a passenger car which, on execution of a rental agreement, is made available to a lessee for the lessee's use.

(b) Form for collision damage waivers -- Development. -- The Division shall develop a form for collision damage waivers, and shall make it available to all lessors in the State.

(c) Same -- Requirements generally. -- The form shall meet the requirements specified in subsection (e) of this section.

(d) Same -- Lessor's form. -- A lessor may not deliver or issue for delivery in this State a rental motor vehicle agreement containing a collision damage waiver, unless the lessor uses a separate collision damage waiver form provided by the Division that meets the requirements specified in subsection (e) of this section.

(e) Same -- Contents. -- The collision damage waiver form shall contain the following requirements:

(1) The collision damage waiver shall be understandable and written in simple and readable plain language;

(2) The terms of the collision damage waiver, including, but not limited to, any conditions or exclusions applicable to the collision damage waiver, shall be prominently displayed;

(3) All restrictions, conditions, or provisions in, or endorsed on, the collision damage waiver are printed in type at least as large as Brevier or 10 point type;

(4) The collision damage waiver shall include a statement of the total charge for the anticipated rental period or the anticipated total daily charge;

(5) The agreement containing the collision damage waiver shall display the following notice on the face of the agreement, set apart and in boldface type, and in type at least as large as 10 point type:

"Notice:

This contract offers, for an additional charge, a collision damage waiver to cover your responsibility for damage to the vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the rental vehicle and the amount of the deductible under your own insurance coverage. The purchase of this collision damage waiver is not mandatory and may be waived. Maryland law requires that all Maryland residents' insurance policies with collision coverage automatically extend that collision coverage to passenger cars rented by the insureds named in the policy for a period of 30 days or less."; and

(6) Any additional information that the Division considers reasonable and necessary to carry out the provisions of this subtitle.

(f) Failure to comply with subsection (d). -- A failure by a lessor to comply with subsection (d) of this section is an unfair or deceptive trade practice within the meaning of Title 13, Subtitle 3 of this article.

Md. Com. L. Code Ann. § 14-2101. Collision damage waivers for rental motor vehicles
(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Collision damage waiver" means any contract, whether separate from or part of a rental agreement, in which the lessor agrees, for a charge, to waive all or part of any claims against the lessee for damages to the rental motor vehicle during the term of the rental agreement.

(3) "Lessee" means any person obtaining the use of a rental motor vehicle from a lessor under the terms of a rental agreement.

(4) "Lessor" means any person in the business of providing rental motor vehicles to the public.

(5) "Passenger car" means any motor vehicle that is a Class A (passenger) vehicle under § 13-912 of the Transportation Article, or any motor vehicle that is a Class M (multipurpose) vehicle under § 13-937 of the Transportation Article if the vehicle is used primarily for transporting passengers.

(6) "Rental agreement" means a written agreement setting forth the terms and conditions governing the use of a rental motor vehicle by a lessee for a period of less than 180 days.

(7) "Rental motor vehicle" means a passenger car which, on execution of a rental agreement, is made available to a lessee for the lessee's use.

(b) Form for collision damage waivers -- Development. -- The Division shall develop a form for collision damage waivers, and shall make it available to all lessors in the State.

(c) Same -- Requirements generally. -- The form shall meet the requirements specified in subsection (e) of this section.

(d) Same -- Lessor's form. -- A lessor may not deliver or issue for delivery in this State a rental motor vehicle agreement containing a collision damage waiver, unless the lessor uses a separate collision damage waiver form provided by the Division that meets the requirements specified in subsection (e) of this section.

(e) Same -- Contents. -- The collision damage waiver form shall contain the following requirements:

(1) The collision damage waiver shall be understandable and written in simple and readable plain language;

(2) The terms of the collision damage waiver, including, but not limited to, any conditions or exclusions applicable to the collision damage waiver, shall be prominently displayed;

(3) All restrictions, conditions, or provisions in, or endorsed on, the collision damage waiver are printed in type at least as large as Brevier or 10 point type;

(4) The collision damage waiver shall include a statement of the total charge for the anticipated rental period or the anticipated total daily charge;

(5) The agreement containing the collision damage waiver shall display the following notice on the face of the agreement, set apart and in boldface type, and in type at least as large as 10 point type:

"Notice:

This contract offers, for an additional charge, a collision damage waiver to cover your responsibility for damage to the vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the rental vehicle and the amount of the deductible under your own insurance coverage. The purchase of this collision damage waiver is not mandatory and may be waived. Maryland law requires that all Maryland residents' insurance policies with collision coverage automatically extend that collision coverage to passenger cars rented by the insureds named in the policy for a period of 30 days or less."; and

(6) Any additional information that the Division considers reasonable and necessary to carry out the provisions of this subtitle.

(f) Failure to comply with subsection (d). -- A failure by a lessor to comply with subsection (d) of this section is an unfair or deceptive trade practice within the meaning of Title 13, Subtitle 3 of this article.

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Md. Com. L. Code Ann. §14-2201. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Consumer. -- "Consumer" means an actual or prospective purchaser, lessee, or recipient of consumer goods, consumer services, or consumer realty.

(c) Consumer goods, consumer realty, and consumer services. --

(1) "Consumer goods", "consumer realty", and "consumer services" mean, respectively, goods, real property, and services which are primarily for personal, household, family, or agricultural purposes.

(2) (i) Subject to subparagraph (ii) of this paragraph, "consumer services" does not include financial services or securities sales.

(ii) "Consumer services" includes any solicitation offering credit services where:

1. The consumer is required to call a telephone number;

2. The consumer is charged a separate toll fee for the call; and

3. The person making the solicitation receives any portion of the separate telephone toll fee paid by the consumer.

(d) Credit services. -- "Credit services" means providing or offering to provide any service in return for the payment of money or other consideration, where the service is held out to provide assistance to a consumer with regard to:

(1) Improving the consumer's credit history, credit rating, or credit record; or

(2) Obtaining an extension of credit for the consumer.

(e) Merchant. --

(1) "Merchant" means a person who, directly or indirectly, offers or makes available to consumers any consumer goods, consumer services, or consumer realty.

(2) "Merchant" does not include a person who is exempt under § 13-104 of this article.

(f) Telephone solicitation. -- "Telephone solicitation" means the attempt by a merchant to sell or lease consumer goods, services, or realty to a consumer located in this State that is:

(1) Made entirely by telephone; and

(2) Initiated by the merchant.

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Md. Com. L. Code Ann. §14-2201. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Consumer. -- "Consumer" means an actual or prospective purchaser, lessee, or recipient of consumer goods, consumer services, or consumer realty.

(c) Consumer goods, consumer realty, and consumer services. --

(1) "Consumer goods", "consumer realty", and "consumer services" mean, respectively, goods, real property, and services which are primarily for personal, household, family, or agricultural purposes.

(2) (i) Subject to subparagraph (ii) of this paragraph, "consumer services" does not include financial services or securities sales.

(ii) "Consumer services" includes any solicitation offering credit services where:

1. The consumer is required to call a telephone number;

2. The consumer is charged a separate toll fee for the call; and

3. The person making the solicitation receives any portion of the separate telephone toll fee paid by the consumer.

(d) Credit services. -- "Credit services" means providing or offering to provide any service in return for the payment of money or other consideration, where the service is held out to provide assistance to a consumer with regard to:

(1) Improving the consumer's credit history, credit rating, or credit record; or

(2) Obtaining an extension of credit for the consumer.

(e) Merchant. --

(1) "Merchant" means a person who, directly or indirectly, offers or makes available to consumers any consumer goods, consumer services, or consumer realty.

(2) "Merchant" does not include a person who is exempt under § 13-104 of this article.

(f) Telephone solicitation. -- "Telephone solicitation" means the attempt by a merchant to sell or lease consumer goods, services, or realty to a consumer located in this State that is:

(1) Made entirely by telephone; and

(2) Initiated by the merchant.

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Md. Com. L. Code Ann. § 14-2202. Application of subtitle
(a) Exempt. -- The provisions of this subtitle do not apply to a transaction:

(1) Made in accordance with prior negotiations in the course of a visit by the consumer to a merchant operating a retail business establishment which has a fixed permanent location and where consumer goods are displayed or offered for sale on a continuing basis;

(2) In which the person making the solicitation or the business enterprise for which the person is calling:

(i) Has made a previous sale to the consumer; or

(ii) Has a preexisting business relationship with the consumer;

(3) Which is covered by the provisions of Subtitle 3 of this title;

(4) In which:

(i) The consumer may obtain a full refund for the return of undamaged and unused goods to the seller within 7 days of receipt by the consumer; and

(ii) The seller will process the refund within 30 days of receipt of the returned merchandise by the consumer;

(5) In which the consumer purchases goods or services pursuant to an examination of a television, radio, or print advertisement or a sample, brochure, catalogue, or other mailing material of the merchant that contains:

(i) The name, address, and telephone number of the merchant;

(ii) A description of the goods or services being sold; and

(iii) Any limitations or restrictions that apply to the offer; or

(6) In which the merchant is a bona fide charitable organization as defined in § 6-101 of the Business Regulation Article.

(b) Solicitation offering credit services. -- Notwithstanding subsection (a) of this section, this subtitle applies to any solicitation offering credit services where:

(1) The consumer is required to call a telephone number;

(2) The consumer is charged a separate toll fee for the call; and

(3) The person making the solicitation receives any portion of the separate telephone toll fee paid by the consumer.

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Md. Com. L. Code Ann. § 14-2202. Application of subtitle
(a) Exempt. -- The provisions of this subtitle do not apply to a transaction:

(1) Made in accordance with prior negotiations in the course of a visit by the consumer to a merchant operating a retail business establishment which has a fixed permanent location and where consumer goods are displayed or offered for sale on a continuing basis;

(2) In which the person making the solicitation or the business enterprise for which the person is calling:

(i) Has made a previous sale to the consumer; or

(ii) Has a preexisting business relationship with the consumer;

(3) Which is covered by the provisions of Subtitle 3 of this title;

(4) In which:

(i) The consumer may obtain a full refund for the return of undamaged and unused goods to the seller within 7 days of receipt by the consumer; and

(ii) The seller will process the refund within 30 days of receipt of the returned merchandise by the consumer;

(5) In which the consumer purchases goods or services pursuant to an examination of a television, radio, or print advertisement or a sample, brochure, catalogue, or other mailing material of the merchant that contains:

(i) The name, address, and telephone number of the merchant;

(ii) A description of the goods or services being sold; and

(iii) Any limitations or restrictions that apply to the offer; or

(6) In which the merchant is a bona fide charitable organization as defined in § 6-101 of the Business Regulation Article.

(b) Solicitation offering credit services. -- Notwithstanding subsection (a) of this section, this subtitle applies to any solicitation offering credit services where:

(1) The consumer is required to call a telephone number;

(2) The consumer is charged a separate toll fee for the call; and

(3) The person making the solicitation receives any portion of the separate telephone toll fee paid by the consumer.

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Md. Com. L. Code Ann. § 14-2203. Enforceability of contract

(a) In general. -- A contract made pursuant to a telephone solicitation is not valid and enforceable against a consumer unless made in compliance with this subtitle.

(b) Requirements. -- A contract made pursuant to a telephone solicitation:

(1) Shall be reduced to writing and signed by the consumer;

(2) Shall comply with all other applicable laws and regulations;

(3) Shall match the description of goods or services as that principally used in the telephone solicitation;

(4) Shall contain the name, address, and telephone number of the seller, the total price of the contract, and a detailed description of the goods or services being sold;

(5) Shall contain, in at least 12 point type, immediately preceding the signature, the following statement:

"You are not obligated to pay any money unless you sign this contract and return it to the seller."; and

(6) May not exclude from its terms any oral or written representations made by the merchant to the consumer in connection with the transaction.

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Md. Com. L. Code Ann. § 14-2203. Enforceability of contract

(a) In general. -- A contract made pursuant to a telephone solicitation is not valid and enforceable against a consumer unless made in compliance with this subtitle.

(b) Requirements. -- A contract made pursuant to a telephone solicitation:

(1) Shall be reduced to writing and signed by the consumer;

(2) Shall comply with all other applicable laws and regulations;

(3) Shall match the description of goods or services as that principally used in the telephone solicitation;

(4) Shall contain the name, address, and telephone number of the seller, the total price of the contract, and a detailed description of the goods or services being sold;

(5) Shall contain, in at least 12 point type, immediately preceding the signature, the following statement:

"You are not obligated to pay any money unless you sign this contract and return it to the seller."; and

(6) May not exclude from its terms any oral or written representations made by the merchant to the consumer in connection with the transaction.

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Md. Com. L. Code Ann. §14-2204. Charges to consumer's credit account
A merchant engaging in a telephone solicitation may not make or submit any charge to the consumer's credit account until after the merchant receives from the consumer a copy of the contract which complies with this subtitle.


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Md. Com. L. Code Ann. §14-2204. Charges to consumer's credit account
A merchant engaging in a telephone solicitation may not make or submit any charge to the consumer's credit account until after the merchant receives from the consumer a copy of the contract which complies with this subtitle.


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Md. Com. L. Code Ann. § 14-2205. Effect of violations

In addition to any remedies otherwise available at law, a violation of this subtitle shall be:

(1) An unfair or deceptive trade practice under Title 13, Subtitle 3 of this article; and

(2) If the violation involves a solicitation offering credit services, a violation of the Maryland Credit Services Businesses Act.


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Md. Com. L. Code Ann. § 14-2205. Effect of violations

In addition to any remedies otherwise available at law, a violation of this subtitle shall be:

(1) An unfair or deceptive trade practice under Title 13, Subtitle 3 of this article; and

(2) If the violation involves a solicitation offering credit services, a violation of the Maryland Credit Services Businesses Act.


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Md. Com. L. Code Ann. §14-2301. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Aftermarket crash parts. -- "Aftermarket crash parts" means crash parts:

(1) Manufactured by a person other than the original manufacturer of the motor vehicle to be repaired; and

(2) For which the original manufacturer of the motor vehicle has not authorized the use of its name or trademark by the manufacturer of the crash parts.

(c) Body shop. -- "Body shop" means any person that removes, replaces, reconditions, or repairs sheet metal or fiberglass motor vehicle crash parts.

(d) Crash parts. -- "Crash parts" means exterior or interior sheet metal or fiberglass panels and parts which form the superstructure or body of a motor vehicle including but not limited to fenders, bumpers, quarter panels, door panels, hoods, grills, firewalls, permanent roofs, wheelwells, and front and rear lamp display panels.

(e) Genuine crash parts. -- "Genuine crash parts" means crash parts:

(1) Manufactured by or for the original manufacturer of the motor vehicle to be repaired; and

(2) Which are authorized to carry the name or trademark of the original manufacturer of the motor vehicle.

(f) Motor vehicle. --

(1) "Motor vehicle" means a passenger car as defined under § 11-144.1 of the Transportation Article.

(2) "Motor vehicle" does not include a motor home, as defined by the Motor Vehicle Administration
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Md. Com. L. Code Ann. §14-2301. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Aftermarket crash parts. -- "Aftermarket crash parts" means crash parts:

(1) Manufactured by a person other than the original manufacturer of the motor vehicle to be repaired; and

(2) For which the original manufacturer of the motor vehicle has not authorized the use of its name or trademark by the manufacturer of the crash parts.

(c) Body shop. -- "Body shop" means any person that removes, replaces, reconditions, or repairs sheet metal or fiberglass motor vehicle crash parts.

(d) Crash parts. -- "Crash parts" means exterior or interior sheet metal or fiberglass panels and parts which form the superstructure or body of a motor vehicle including but not limited to fenders, bumpers, quarter panels, door panels, hoods, grills, firewalls, permanent roofs, wheelwells, and front and rear lamp display panels.

(e) Genuine crash parts. -- "Genuine crash parts" means crash parts:

(1) Manufactured by or for the original manufacturer of the motor vehicle to be repaired; and

(2) Which are authorized to carry the name or trademark of the original manufacturer of the motor vehicle.

(f) Motor vehicle. --

(1) "Motor vehicle" means a passenger car as defined under § 11-144.1 of the Transportation Article.

(2) "Motor vehicle" does not include a motor home, as defined by the Motor Vehicle Administration
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Md. Com. L. Code Ann. §14-2302. Information to be given owner

(a) List of parts. -- Before beginning repair work on crash parts, a body shop shall:

(1) Provide a list to the vehicle owner of the replacement crash parts that the body shop intends to use in making repairs; and

(2) Specify whether the replacement parts are genuine crash parts.

(b) Aftermarket crash parts statement. -- If the replacement crash parts to be used by the body shop in the repair work are aftermarket crash parts, the body shop shall include with its estimate the following written statement: "This estimate has been prepared based on the use of aftermarket crash parts that are not manufactured by the original manufacturer of the vehicle or by a manufacturer authorized by the original manufacturer to use its name or trademark. The use of certain aftermarket crash parts may modify the original manufacturer's warranty on the crash parts being replaced. Upon request of the customer, the body shop shall provide, if available, a copy of any warranty for an aftermarket crash part used."

(c) Conspicuousness of statements. -- The notices and statements required under this section shall be made in writing in a clear and conspicuous manner in 10-point capital type.

(d) Construction of section. -- This section may not be construed to replace or alter any provisions of law under Title 14, Subtitle 10 of this article.

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Md. Com. L. Code Ann. §14-2302. Information to be given owner

(a) List of parts. -- Before beginning repair work on crash parts, a body shop shall:

(1) Provide a list to the vehicle owner of the replacement crash parts that the body shop intends to use in making repairs; and

(2) Specify whether the replacement parts are genuine crash parts.

(b) Aftermarket crash parts statement. -- If the replacement crash parts to be used by the body shop in the repair work are aftermarket crash parts, the body shop shall include with its estimate the following written statement: "This estimate has been prepared based on the use of aftermarket crash parts that are not manufactured by the original manufacturer of the vehicle or by a manufacturer authorized by the original manufacturer to use its name or trademark. The use of certain aftermarket crash parts may modify the original manufacturer's warranty on the crash parts being replaced. Upon request of the customer, the body shop shall provide, if available, a copy of any warranty for an aftermarket crash part used."

(c) Conspicuousness of statements. -- The notices and statements required under this section shall be made in writing in a clear and conspicuous manner in 10-point capital type.

(d) Construction of section. -- This section may not be construed to replace or alter any provisions of law under Title 14, Subtitle 10 of this article.

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Md. Com. L. Code Ann. §14-2303. Scope of subtitle

This subtitle does not:

(1) Prohibit a person from filing an action for damages against a body shop; or

(2) Require a person first to exhaust any administrative remedy he may have.


Md. Com. L. Code Ann. §14-2303. Scope of subtitle

This subtitle does not:

(1) Prohibit a person from filing an action for damages against a body shop; or

(2) Require a person first to exhaust any administrative remedy he may have.


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Md. Com. L. Code Ann. §14-2304. Violation of subtitle

A violation of any provision of this subtitle is an unfair or deceptive practice within the meaning of Title 13 of this article and is subject to the enforcement and penalty provisions contained in Title 13.

Md. Com. L. Code Ann. §14-2304. Violation of subtitle

A violation of any provision of this subtitle is an unfair or deceptive practice within the meaning of Title 13 of this article and is subject to the enforcement and penalty provisions contained in Title 13.

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Md. Com. L. Code Ann. §14-2401. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Purchaser. -- "Purchaser" means a person who has contracted to acquire a vacation club membership.

(c) Sales agent. --

(1) "Sales agent" means a person who has contracted to sell a vacation club membership.

(2) "Sales agent" includes the developer of a vacation club membership plan.

(d) Vacation accommodation. -- "Vacation accommodation" means a place of lodging and related facilities over which the user does not have permanent exclusive control.

(e) Vacation club membership. --

(1) "Vacation club membership" means an interest in a vacation club membership plan that entitles the purchaser to the use or occupancy of a vacation accommodation on a recurring basis, whether or not the exercise of the right to use or occupy depends on the availability of a vacation accommodation.

(2) "Vacation club membership" includes an interest in a club that provides or arranges for the use or occupancy of campgrounds, condominiums, or other vacation accommodations.

(3) "Vacation club membership" does not include a time-share defined under Title 11A of the Real Property Article.

(f) Vacation club membership plan. -- "Vacation club membership plan" means a plan in which the purchaser has the right to the use or occupancy of any number of vacation accommodations on a recurring basis.

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Md. Com. L. Code Ann. §14-2401. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Purchaser. -- "Purchaser" means a person who has contracted to acquire a vacation club membership.

(c) Sales agent. --

(1) "Sales agent" means a person who has contracted to sell a vacation club membership.

(2) "Sales agent" includes the developer of a vacation club membership plan.

(d) Vacation accommodation. -- "Vacation accommodation" means a place of lodging and related facilities over which the user does not have permanent exclusive control.

(e) Vacation club membership. --

(1) "Vacation club membership" means an interest in a vacation club membership plan that entitles the purchaser to the use or occupancy of a vacation accommodation on a recurring basis, whether or not the exercise of the right to use or occupy depends on the availability of a vacation accommodation.

(2) "Vacation club membership" includes an interest in a club that provides or arranges for the use or occupancy of campgrounds, condominiums, or other vacation accommodations.

(3) "Vacation club membership" does not include a time-share defined under Title 11A of the Real Property Article.

(f) Vacation club membership plan. -- "Vacation club membership plan" means a plan in which the purchaser has the right to the use or occupancy of any number of vacation accommodations on a recurring basis.

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Md. Com. L. Code Ann. §14-2402. Cancellation of contract; applicability of subtitle

(a) In general. -- Within 10 calendar days after the execution of the contract to purchase a vacation club membership, either party may cancel the contract without penalty by mailing or delivering a notice of cancellation to the other party at the address specified in the contract.

(b) Refunds. --

(1) Cancellation of a vacation club membership shall entitle the purchaser to a refund of the entire consideration paid for the contract, including the cost of financing.

(2) The sales agent shall deliver the refund to the purchaser at the address specified in the contract within 15 business days after receipt of the notice of cancellation.

(c) Waiver or surrender of right. -- The right of cancellation may not be waived or otherwise surrendered.

(d) Required statements. --

(1) A contract to purchase a vacation club membership shall contain the following statement:

"You may cancel this contract without penalty or obligation within 10 days from the date of this contract. If you decide to cancel this contract, you must provide notice of the cancellation in writing to (the sales agent) at (address of sales agent). Any attempt to obtain a waiver of your cancellation rights is unlawful. Cancellation entitles you to a refund of all moneys within 15 business days after receipt of notice of cancellation."

(2) The statement required under this subsection shall:

(i) Be in at least 14-point bold-faced type; and

(ii) Appear immediately before and on the same page as the space designated for signature of the purchaser.

(e) Applicability of subtitle. --

(1) This subtitle applies to vacation club membership plans that provide accommodations in time-share units.

(2) The requirements of this section do not apply to a time-share estate, time-share plan, or time-share exchange program or any renewal thereof that is:

(i) Required to provide a consumer with a 10-day right to cancel under § 11A-114 of the Real Property Article; or

(ii) Regulated under Title 11A of the Real Property Article.

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Md. Com. L. Code Ann. §14-2402. Cancellation of contract; applicability of subtitle

(a) In general. -- Within 10 calendar days after the execution of the contract to purchase a vacation club membership, either party may cancel the contract without penalty by mailing or delivering a notice of cancellation to the other party at the address specified in the contract.

(b) Refunds. --

(1) Cancellation of a vacation club membership shall entitle the purchaser to a refund of the entire consideration paid for the contract, including the cost of financing.

(2) The sales agent shall deliver the refund to the purchaser at the address specified in the contract within 15 business days after receipt of the notice of cancellation.

(c) Waiver or surrender of right. -- The right of cancellation may not be waived or otherwise surrendered.

(d) Required statements. --

(1) A contract to purchase a vacation club membership shall contain the following statement:

"You may cancel this contract without penalty or obligation within 10 days from the date of this contract. If you decide to cancel this contract, you must provide notice of the cancellation in writing to (the sales agent) at (address of sales agent). Any attempt to obtain a waiver of your cancellation rights is unlawful. Cancellation entitles you to a refund of all moneys within 15 business days after receipt of notice of cancellation."

(2) The statement required under this subsection shall:

(i) Be in at least 14-point bold-faced type; and

(ii) Appear immediately before and on the same page as the space designated for signature of the purchaser.

(e) Applicability of subtitle. --

(1) This subtitle applies to vacation club membership plans that provide accommodations in time-share units.

(2) The requirements of this section do not apply to a time-share estate, time-share plan, or time-share exchange program or any renewal thereof that is:

(i) Required to provide a consumer with a 10-day right to cancel under § 11A-114 of the Real Property Article; or

(ii) Regulated under Title 11A of the Real Property Article.

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Md. Com. L. Code Ann. §14-2403. Violations of subtitle
(a) Violation is deceptive trade practice. -- It is a deceptive trade practice for a sales agent to violate any requirement of this subtitle.

(b) Penalties. -- If the sales agent violates any provision of this subtitle, the purchaser:

(1) May cancel the contract by notifying the seller in any manner, by any means, and at any time of the purchaser's intention to cancel; and

(2) Is entitled to a refund of:

(i) All moneys paid; and

(ii) Until the refund is made, interest of 1% for each month after the date of cancellation.


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Md. Com. L. Code Ann. §14-2403. Violations of subtitle
(a) Violation is deceptive trade practice. -- It is a deceptive trade practice for a sales agent to violate any requirement of this subtitle.

(b) Penalties. -- If the sales agent violates any provision of this subtitle, the purchaser:

(1) May cancel the contract by notifying the seller in any manner, by any means, and at any time of the purchaser's intention to cancel; and

(2) Is entitled to a refund of:

(i) All moneys paid; and

(ii) Until the refund is made, interest of 1% for each month after the date of cancellation.


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Md. Com. L. Code Ann. §14-2501. Definition
In this subtitle, "hearing aid" means:

(1) Any instrument or device that is designed for or represented as being capable of improving or correcting impaired human hearing; or

(2) Any part or accessory of the instrument or device.

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Md. Com. L. Code Ann. §14-2501. Definition
In this subtitle, "hearing aid" means:

(1) Any instrument or device that is designed for or represented as being capable of improving or correcting impaired human hearing; or

(2) Any part or accessory of the instrument or device.

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Md. Com. L. Code Ann. § 14-2502. Subtitle additional
The provisions of this subtitle are in addition to any other provision of law.


Md. Com. L. Code Ann. § 14-2502. Subtitle additional
The provisions of this subtitle are in addition to any other provision of law.


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Md. Com. L. Code Ann. §14-2502.1. Billing of diagnostic tests for hearing aids
(a) In general. -- The seller of a hearing aid must bill any fee for diagnostic tests separately from any charges for the purchase and fitting of a hearing aid.

(b) Refund. -- A separately billed fee for a diagnostic test is not subject to refund under § 14-2503 of this subtitle.

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Md. Com. L. Code Ann. §14-2502.1. Billing of diagnostic tests for hearing aids
(a) In general. -- The seller of a hearing aid must bill any fee for diagnostic tests separately from any charges for the purchase and fitting of a hearing aid.

(b) Refund. -- A separately billed fee for a diagnostic test is not subject to refund under § 14-2503 of this subtitle.

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Md. Com. L. Code Ann. §14-2503. Cancellation of purchase

(a) In general. -- Within 30 days of the date of delivery, a purchaser of a hearing aid may cancel the purchase for any reason, by mailing or delivering a notice of cancellation to the seller of the hearing aid at the address specified in the contract.

(b) Refunds. --

(1) Cancellation of the purchase entitles the purchaser to a refund of the entire consideration paid, less 10 percent for services and payments made for diagnostic tests.

(2) If the actual documented expenses incurred by the seller for the fitting, delivery, and return of the hearing aid to the manufacturer are in excess of 10 percent of the purchase price, the seller may retain an amount equal to these expenses only if:

(i) The amount is conspicuously identified as "nonrefundable" on the contract or bill of sale for the hearing aid; and

(ii) The total amount retained does not exceed 20 percent of the purchase price of the hearing aid.

(3) The seller shall deliver the refund to the purchaser if:

(i) The purchase is made at a place other than the place of business of the seller, within 30 days after the receipt of the notice of cancellation; and

(ii) The purchase agreement is made at the place of business of the seller, within 30 days after the return of the hearing aid.

(4) If a hearing aid is sold in a hospital or related institution, the seller must initiate a refund request with the accounting department of the selling hospital or related institution within 10 days after receiving the notice of cancellation from the purchaser.

(c) Condition of returned goods. -- After cancellation of the purchase, if the hearing aid has been delivered to the purchaser, the purchaser must make the hearing aid available to the seller in substantially as good condition as when received.

(d) Waiver or surrender of right. -- The right of cancellation may not be waived or otherwise surrendered.

(e) Notice in contract or bill of sale. --

(1) The contract or bill of sale for the purchase of a hearing aid shall contain the following statement:

"You may cancel this purchase for any reason, at any time within 30 days after the date of delivery of the hearing aid. To cover the costs of dispensing the hearing aid, the seller may withhold from the refund 10 percent of the purchase price or the seller's actual costs up to 20 percent of the purchase price."

(2) The statement required under this subsection shall:

(i) Be in bold and conspicuous type of at least 10-point type; and

(ii) Appear on the same page as and above the space for the purchaser's signature.

(f) Notice on delivery -- In general. --

(1) The seller shall provide to the purchaser at the time of delivery of the hearing aid a notice of cancellation that states the total refundable amount and contains the following information:

"Notice of Cancellation


You may cancel this purchase of a hearing aid within 30 days from the date of delivery of the hearing aid.

If you decide to cancel this contract:

1. You must provide notice of the cancellation in writing, within 30 days of the date of delivery of the hearing aid, to (the seller) at address of seller; and

2. You must make the hearing aid available to the seller, in substantially as good condition as when you received it.

The seller may not attempt to obtain a waiver of your rights to cancel."

(2) If the hearing aid is sold at the seller's place of business and the seller is not located within a hospital or other related institution, the notice shall contain the following statement:

"Cancellation entitles you to a refund of all money you paid, less (choose either 10 percent or the actual cost to the seller as provided in this section), within 30 days after you return the hearing aid to the seller."

(3) If the hearing aid is sold by a seller affiliated with a hospital or other related institution, the notice shall contain the following statement:

"Cancellation entitles you to a refund of all money you paid, less (choose either 10 percent or the actual cost to the seller as provided in this section). The seller must initiate a request for the refund from the selling institution's accounting department within 10 days after you return the hearing aid to the seller."

(4) If the hearing aid is sold at a place other than the seller's place of business the notice shall contain the following statement:

"Cancellation entitles you to a refund of all money you paid less (choose either 10 percent or the actual cost to the seller as provided in this section) within 30 days after the seller receives your notice of cancellation."

(5) The notice of cancellation shall be in 10 point type.

(g) Same -- Completion. -- At the time of delivery, the seller shall complete the notice of cancellation by including the date of delivery and the date by which cancellation must be made.


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Md. Com. L. Code Ann. §14-2503. Cancellation of purchase

(a) In general. -- Within 30 days of the date of delivery, a purchaser of a hearing aid may cancel the purchase for any reason, by mailing or delivering a notice of cancellation to the seller of the hearing aid at the address specified in the contract.

(b) Refunds. --

(1) Cancellation of the purchase entitles the purchaser to a refund of the entire consideration paid, less 10 percent for services and payments made for diagnostic tests.

(2) If the actual documented expenses incurred by the seller for the fitting, delivery, and return of the hearing aid to the manufacturer are in excess of 10 percent of the purchase price, the seller may retain an amount equal to these expenses only if:

(i) The amount is conspicuously identified as "nonrefundable" on the contract or bill of sale for the hearing aid; and

(ii) The total amount retained does not exceed 20 percent of the purchase price of the hearing aid.

(3) The seller shall deliver the refund to the purchaser if:

(i) The purchase is made at a place other than the place of business of the seller, within 30 days after the receipt of the notice of cancellation; and

(ii) The purchase agreement is made at the place of business of the seller, within 30 days after the return of the hearing aid.

(4) If a hearing aid is sold in a hospital or related institution, the seller must initiate a refund request with the accounting department of the selling hospital or related institution within 10 days after receiving the notice of cancellation from the purchaser.

(c) Condition of returned goods. -- After cancellation of the purchase, if the hearing aid has been delivered to the purchaser, the purchaser must make the hearing aid available to the seller in substantially as good condition as when received.

(d) Waiver or surrender of right. -- The right of cancellation may not be waived or otherwise surrendered.

(e) Notice in contract or bill of sale. --

(1) The contract or bill of sale for the purchase of a hearing aid shall contain the following statement:

"You may cancel this purchase for any reason, at any time within 30 days after the date of delivery of the hearing aid. To cover the costs of dispensing the hearing aid, the seller may withhold from the refund 10 percent of the purchase price or the seller's actual costs up to 20 percent of the purchase price."

(2) The statement required under this subsection shall:

(i) Be in bold and conspicuous type of at least 10-point type; and

(ii) Appear on the same page as and above the space for the purchaser's signature.

(f) Notice on delivery -- In general. --

(1) The seller shall provide to the purchaser at the time of delivery of the hearing aid a notice of cancellation that states the total refundable amount and contains the following information:

"Notice of Cancellation


You may cancel this purchase of a hearing aid within 30 days from the date of delivery of the hearing aid.

If you decide to cancel this contract:

1. You must provide notice of the cancellation in writing, within 30 days of the date of delivery of the hearing aid, to (the seller) at address of seller; and

2. You must make the hearing aid available to the seller, in substantially as good condition as when you received it.

The seller may not attempt to obtain a waiver of your rights to cancel."

(2) If the hearing aid is sold at the seller's place of business and the seller is not located within a hospital or other related institution, the notice shall contain the following statement:

"Cancellation entitles you to a refund of all money you paid, less (choose either 10 percent or the actual cost to the seller as provided in this section), within 30 days after you return the hearing aid to the seller."

(3) If the hearing aid is sold by a seller affiliated with a hospital or other related institution, the notice shall contain the following statement:

"Cancellation entitles you to a refund of all money you paid, less (choose either 10 percent or the actual cost to the seller as provided in this section). The seller must initiate a request for the refund from the selling institution's accounting department within 10 days after you return the hearing aid to the seller."

(4) If the hearing aid is sold at a place other than the seller's place of business the notice shall contain the following statement:

"Cancellation entitles you to a refund of all money you paid less (choose either 10 percent or the actual cost to the seller as provided in this section) within 30 days after the seller receives your notice of cancellation."

(5) The notice of cancellation shall be in 10 point type.

(g) Same -- Completion. -- At the time of delivery, the seller shall complete the notice of cancellation by including the date of delivery and the date by which cancellation must be made.


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Md. Com. L. Code Ann. §14-2504. Deceptive trade practices
It is a deceptive trade practice for a seller of hearing aids to:

(1) Misrepresent in any way the purchaser's right to cancel;

(2) Fail to inform a purchaser in writing at the time of the purchase, and at the time of delivery of the right to cancel the contract at any time up to 30 days after the hearing aid has been delivered;

(3) Before furnishing the "Notice of Cancellation" to the purchaser, fail to complete the notice by entering:

(i) The name of the seller;

(ii) The address of the seller's place of business;

(iii) The date of delivery; and

(iv) The date, not earlier than 30 days after the date of delivery, by which the purchaser may give notice of cancellation;

(4) Include in any sales contract or receipt any confession of judgment or waiver of any right to which the purchaser is entitled under this subtitle, including specifically the right to cancel the sale in accordance with the provisions of this subtitle;

(5) Fail to honor a valid notice of cancellation;

(6) Within 30 days of receiving a purchaser's notice of cancellation, fail to notify the purchaser whether the seller intends to repossess or to abandon the delivered hearing aid; or

(7) Fail to refund all payments, less 10 percent or the amount allowed under § 14-2503(b) (2) of this subtitle and payments made for diagnostic tests, made under the purchase agreement within 30 days after:

(i) Receipt of the notice of cancellation if the purchaser's agreement to purchase is made at a place other than the place of business of the seller; or

(ii) Return of the hearing aid, if the purchaser's agreement to purchase is made at the place of business of the seller.


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Md. Com. L. Code Ann. §14-2504. Deceptive trade practices
It is a deceptive trade practice for a seller of hearing aids to:

(1) Misrepresent in any way the purchaser's right to cancel;

(2) Fail to inform a purchaser in writing at the time of the purchase, and at the time of delivery of the right to cancel the contract at any time up to 30 days after the hearing aid has been delivered;

(3) Before furnishing the "Notice of Cancellation" to the purchaser, fail to complete the notice by entering:

(i) The name of the seller;

(ii) The address of the seller's place of business;

(iii) The date of delivery; and

(iv) The date, not earlier than 30 days after the date of delivery, by which the purchaser may give notice of cancellation;

(4) Include in any sales contract or receipt any confession of judgment or waiver of any right to which the purchaser is entitled under this subtitle, including specifically the right to cancel the sale in accordance with the provisions of this subtitle;

(5) Fail to honor a valid notice of cancellation;

(6) Within 30 days of receiving a purchaser's notice of cancellation, fail to notify the purchaser whether the seller intends to repossess or to abandon the delivered hearing aid; or

(7) Fail to refund all payments, less 10 percent or the amount allowed under § 14-2503(b) (2) of this subtitle and payments made for diagnostic tests, made under the purchase agreement within 30 days after:

(i) Receipt of the notice of cancellation if the purchaser's agreement to purchase is made at a place other than the place of business of the seller; or

(ii) Return of the hearing aid, if the purchaser's agreement to purchase is made at the place of business of the seller.


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Md. Com. L. Code Ann. §14-2505. Violation of subtitle; failure to pay refunds
(a) Violation of subtitle. -- If a seller violates any provision of this subtitle, the buyer may cancel the sale by notifying the seller, in any manner and by any means, of the buyer's intention to cancel.

(b) Failure to pay refunds. -- If a seller fails to refund all payments in the time required, after the purchase complies with the requirements of the notice of cancellation a purchaser is entitled to payment of an additional 1 percent for each month or part of a month that the refund is not paid.

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Md. Com. L. Code Ann. §14-2505. Violation of subtitle; failure to pay refunds
(a) Violation of subtitle. -- If a seller violates any provision of this subtitle, the buyer may cancel the sale by notifying the seller, in any manner and by any means, of the buyer's intention to cancel.

(b) Failure to pay refunds. -- If a seller fails to refund all payments in the time required, after the purchase complies with the requirements of the notice of cancellation a purchaser is entitled to payment of an additional 1 percent for each month or part of a month that the refund is not paid.

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Md. Com. L. Code Ann. §14-2506. Penalties
Violation of this subtitle is:

(1) An unfair or deceptive trade practice; and

(2) Subject to the provisions of Title 13 of this article
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Md. Com. L. Code Ann. § 13-102. Definitions Violation of this subtitle is:

(1) An unfair or deceptive trade practice; and

(2) Subject to the provisions of Title 13 of this article
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Md. Com. L. Code Ann. §14-25A-01. Use of hearing aid devices not to be impaired
(a) Prohibition on sale of certain telephones. -- A distributor of telephone equipment, receivers, or components may not sell, rent, lease, or install telephones that include equipment, receivers, or components preventing the effective use of hearing aid devices unless the distributor notifies the customer that the equipment is incompatible with hearing aid devices.

(b) Penalty. -- A person who willfully violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 500 or imprisonment not exceeding 6 months or both.


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Md. Com. L. Code Ann. §14-25A-01. Use of hearing aid devices not to be impaired
(a) Prohibition on sale of certain telephones. -- A distributor of telephone equipment, receivers, or components may not sell, rent, lease, or install telephones that include equipment, receivers, or components preventing the effective use of hearing aid devices unless the distributor notifies the customer that the equipment is incompatible with hearing aid devices.

(b) Penalty. -- A person who willfully violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 500 or imprisonment not exceeding 6 months or both.


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Md. Com. L. Code Ann. § 14-2601. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Consumer. -- "Consumer" means a natural person.

(c) Disclosure statement. -- "Disclosure statement" means a written statement that includes the following information:

(1) A statement that a copy of the current financial statement of the individual or organization on whose behalf the solicitation is made is available on request; and

(2) The name of the individual or organization on whose behalf the solicitation is made and the address and telephone number where requests for a copy of the financial statement should be directed.

(d) Door-to-door solicitation. --

(1) "Door-to-door solicitation" means a single or multiple request, directly or indirectly, for money or other valuable consideration or for a pledge or subsequent contribution of money or other valuable consideration, whether or not it is made in exchange for any tangible or intangible item:

(i) That promotes the programs or goals of the organization on whose behalf the solicitation is made;

(ii) That is made in person by the solicitor; and

(iii) Where the consumer's payment, pledge, or promise is made at the consumer's home or residence.

(2) "Door-to-door solicitation" does not include a transaction that:

(i) Is subject to:

1. The consumer debt collection law, Subtitle 2 of this title;

2. The Door-to-Door Sales Act, Subtitle 3 of this title; or

3. The Telephone Solicitation Act, Subtitle 22 of this title;

(ii) Is made in the regular course of business by any person licensed or regulated under:

1. The Insurance Article;

2. Title 11 of this article; or

3. The Business Occupations and Professions Article;

(iii) Is made in the regular course of business by:

1. Any person defined as a financial institution under the Financial Institutions Article;

2. A corporation regulated by the Maryland Public Service Commission; or

3. A broker-dealer or investment advisor registered with the Securities and Exchange Commission or the Maryland Securities Commissioner; or

(iv) Is a solicitation by or on behalf of:

1. A charitable organization, as defined in § 6-101 of the Business Regulation Article, that is exempt from federal income taxation; or

2. A fraternal organization of fire fighters, rescue or ambulance personnel, or police or other law enforcement organization soliciting for charitable purposes.

(e) Organization. -- "Organization" means any group, trust fund, foundation, association, corporation, society, or any combination of entities and includes an entity that is affiliated with an organization that is organized or has its principal place of business outside the State.

(f) Solicitor. -- "Solicitor" means the individual making a door-to-door solicitation.

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Md. Com. L. Code Ann. § 14-2601. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Consumer. -- "Consumer" means a natural person.

(c) Disclosure statement. -- "Disclosure statement" means a written statement that includes the following information:

(1) A statement that a copy of the current financial statement of the individual or organization on whose behalf the solicitation is made is available on request; and

(2) The name of the individual or organization on whose behalf the solicitation is made and the address and telephone number where requests for a copy of the financial statement should be directed.

(d) Door-to-door solicitation. --

(1) "Door-to-door solicitation" means a single or multiple request, directly or indirectly, for money or other valuable consideration or for a pledge or subsequent contribution of money or other valuable consideration, whether or not it is made in exchange for any tangible or intangible item:

(i) That promotes the programs or goals of the organization on whose behalf the solicitation is made;

(ii) That is made in person by the solicitor; and

(iii) Where the consumer's payment, pledge, or promise is made at the consumer's home or residence.

(2) "Door-to-door solicitation" does not include a transaction that:

(i) Is subject to:

1. The consumer debt collection law, Subtitle 2 of this title;

2. The Door-to-Door Sales Act, Subtitle 3 of this title; or

3. The Telephone Solicitation Act, Subtitle 22 of this title;

(ii) Is made in the regular course of business by any person licensed or regulated under:

1. The Insurance Article;

2. Title 11 of this article; or

3. The Business Occupations and Professions Article;

(iii) Is made in the regular course of business by:

1. Any person defined as a financial institution under the Financial Institutions Article;

2. A corporation regulated by the Maryland Public Service Commission; or

3. A broker-dealer or investment advisor registered with the Securities and Exchange Commission or the Maryland Securities Commissioner; or

(iv) Is a solicitation by or on behalf of:

1. A charitable organization, as defined in § 6-101 of the Business Regulation Article, that is exempt from federal income taxation; or

2. A fraternal organization of fire fighters, rescue or ambulance personnel, or police or other law enforcement organization soliciting for charitable purposes.

(e) Organization. -- "Organization" means any group, trust fund, foundation, association, corporation, society, or any combination of entities and includes an entity that is affiliated with an organization that is organized or has its principal place of business outside the State.

(f) Solicitor. -- "Solicitor" means the individual making a door-to-door solicitation.

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Md. Com. L. Code Ann. §14-2602. Compliance with subtitle required; violations
(a) Compliance with subtitle required. -- A person making a door-to-door solicitation for any purpose shall comply with this subtitle.

(b) Unfair and deceptive trade practice. -- Violation of this subtitle shall be an unfair or deceptive trade practice.

(c) Voidable payments, pledges, or promises. -- Any payment, pledge, or promise made as a result of a solicitation made in violation of this subtitle is voidable by the consumer
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Md. Com. L. Code Ann. §14-2602. Compliance with subtitle required; violations
(a) Compliance with subtitle required. -- A person making a door-to-door solicitation for any purpose shall comply with this subtitle.

(b) Unfair and deceptive trade practice. -- Violation of this subtitle shall be an unfair or deceptive trade practice.

(c) Voidable payments, pledges, or promises. -- Any payment, pledge, or promise made as a result of a solicitation made in violation of this subtitle is voidable by the consumer
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Md. Com. L. Code Ann. §14-2603. Door-to-door solicitation

(a) Acceptance of money, check, negotiable instrument or other consideration. --

(1) When making a door-to-door solicitation, a solicitor may not accept or receive, at the time the solicitation is made, any money, check, or other negotiable instrument, or any other consideration.

(2) This section does not apply to any door-to-door solicitation resulting in the acceptance or receipt by the solicitor, at the time the solicitation is made, of less than $ 200 in any money or any other consideration, including the amount of a pledge or promise of subsequent contribution of any money or any other consideration.

(b) Pledge form, disclosures. -- When making a door-to-door solicitation, the solicitor shall:

(1) Give the consumer a pledge form;

(2) Inform the consumer of the consumer's right to rescind a pledge made pursuant to a door-to-door solicitation at any time after the door-to-door solicitation and that a pledge to contribute is not an enforceable contract;

(3) Notify the consumer that the solicitor may not accept or receive, at the time the door-to-door solicitation is made, any money, or any other consideration, including the amount of a pledge or promise of subsequent contribution of any money or other consideration, that equals or exceeds $ 200;

(4) Inform the consumer of the consumer's right to a refund or return of any contribution made pursuant to a door-to-door solicitation if requested within 30 days after the contribution is made;

(5) Provide a disclosure statement to the consumer prior to accepting a door-to-door solicitation; and

(6) Mail within 30 days of a request by a consumer pursuant to a door-to-door solicitation a current financial statement of the individual or organization on whose behalf the solicitation is made at no charge to the person who requested it.

(c) Pledge form -- Contents. -- The pledge form given to the consumer shall contain the following information:

(1) The name of the solicitor;

(2) The name and address of the individual or organization on whose behalf the solicitor has made the door-to-door solicitation;

(3) A statement of the general purpose or purposes for which the contribution will be used;

(4) A disclosure statement, as specified in § 14-2601(c) of this subtitle;

(5) The date and amount of the door-to-door solicitation;

(6) The name and address of the consumer;

(7) A statement that the consumer has a right to rescind the pledge at any time after the date of the door-to-door solicitation and that the pledge to contribute is not an enforceable contract; and

(8) A statement that the consumer has a right to a refund or return of any contribution made pursuant to a door-to-door solicitation, if a request for a refund or return is made in writing within 30 days after the contribution is made, and is delivered by certified mail, return receipt requested.

(d) Financial statement; contents. -- Within 30 days after receiving a request, a solicitor shall mail a current financial statement at no charge to the person who requested it. The financial statement shall include:

(1) The name, address, and telephone number of the individual or organization on whose behalf the solicitation is made;

(2) (i) The amount of gross revenue received from contributions and the amount and percentage of gross revenue used by the individual or organization on whose behalf the solicitation is made for its management and general expenses, fund-raising expenses, and program service expenses during the preceding fiscal year; or

(ii) If the organization on whose behalf the solicitation is made is newly organized, the estimated percentage of contributions being sought that will be used for its management and general expenses, fund-raising expenses, and program service expenses.

(e) Nature of pledge. -- A pledge to contribute under this section is not an enforceable contract.

(f) Refund or return of contribution. --

(1) (i) To receive a refund or return of a contribution made pursuant to a door-to-door solicitation, the consumer must request the refund or return in writing within 30 days after the contribution is made.

(ii) The request must be delivered by certified mail, return receipt requested.


Md. Com. L. Code Ann. §14-2603. Door-to-door solicitation

(a) Acceptance of money, check, negotiable instrument or other consideration. --

(1) When making a door-to-door solicitation, a solicitor may not accept or receive, at the time the solicitation is made, any money, check, or other negotiable instrument, or any other consideration.

(2) This section does not apply to any door-to-door solicitation resulting in the acceptance or receipt by the solicitor, at the time the solicitation is made, of less than $ 200 in any money or any other consideration, including the amount of a pledge or promise of subsequent contribution of any money or any other consideration.

(b) Pledge form, disclosures. -- When making a door-to-door solicitation, the solicitor shall:

(1) Give the consumer a pledge form;

(2) Inform the consumer of the consumer's right to rescind a pledge made pursuant to a door-to-door solicitation at any time after the door-to-door solicitation and that a pledge to contribute is not an enforceable contract;

(3) Notify the consumer that the solicitor may not accept or receive, at the time the door-to-door solicitation is made, any money, or any other consideration, including the amount of a pledge or promise of subsequent contribution of any money or other consideration, that equals or exceeds $ 200;

(4) Inform the consumer of the consumer's right to a refund or return of any contribution made pursuant to a door-to-door solicitation if requested within 30 days after the contribution is made;

(5) Provide a disclosure statement to the consumer prior to accepting a door-to-door solicitation; and

(6) Mail within 30 days of a request by a consumer pursuant to a door-to-door solicitation a current financial statement of the individual or organization on whose behalf the solicitation is made at no charge to the person who requested it.

(c) Pledge form -- Contents. -- The pledge form given to the consumer shall contain the following information:

(1) The name of the solicitor;

(2) The name and address of the individual or organization on whose behalf the solicitor has made the door-to-door solicitation;

(3) A statement of the general purpose or purposes for which the contribution will be used;

(4) A disclosure statement, as specified in § 14-2601(c) of this subtitle;

(5) The date and amount of the door-to-door solicitation;

(6) The name and address of the consumer;

(7) A statement that the consumer has a right to rescind the pledge at any time after the date of the door-to-door solicitation and that the pledge to contribute is not an enforceable contract; and

(8) A statement that the consumer has a right to a refund or return of any contribution made pursuant to a door-to-door solicitation, if a request for a refund or return is made in writing within 30 days after the contribution is made, and is delivered by certified mail, return receipt requested.

(d) Financial statement; contents. -- Within 30 days after receiving a request, a solicitor shall mail a current financial statement at no charge to the person who requested it. The financial statement shall include:

(1) The name, address, and telephone number of the individual or organization on whose behalf the solicitation is made;

(2) (i) The amount of gross revenue received from contributions and the amount and percentage of gross revenue used by the individual or organization on whose behalf the solicitation is made for its management and general expenses, fund-raising expenses, and program service expenses during the preceding fiscal year; or

(ii) If the organization on whose behalf the solicitation is made is newly organized, the estimated percentage of contributions being sought that will be used for its management and general expenses, fund-raising expenses, and program service expenses.

(e) Nature of pledge. -- A pledge to contribute under this section is not an enforceable contract.

(f) Refund or return of contribution. --

(1) (i) To receive a refund or return of a contribution made pursuant to a door-to-door solicitation, the consumer must request the refund or return in writing within 30 days after the contribution is made.

(ii) The request must be delivered by certified mail, return receipt requested.


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Md. Com. L. Code Ann. §14-2701. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Collateral costs. -- "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other device used for mobility assistance.

(c) Consumer. -- "Consumer" means any of the following:

(1) The purchaser of a motorized wheelchair, if the motorized wheelchair was purchased from a motorized wheelchair dealer or manufacturer for purposes other than resale;

(2) A person to whom the motorized wheelchair is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motorized wheelchair;

(3) A person who may enforce the warranty; or

(4) A person who leases a motorized wheelchair from a motorized wheelchair lessor under a written lease.

(d) Demonstrator. -- "Demonstrator" means a motorized wheelchair used primarily for the purpose of demonstration to the public.

(e) Early termination cost. --

(1) "Early termination cost" means any expense or obligation that a motorized wheelchair lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under § 14-2703 (c) (3) of this subtitle.

(2) Early termination cost includes a penalty for prepayment under a finance arrangement.

(f) Early termination savings. --

(1) "Early termination savings" means any expense or obligation that a motorized wheelchair lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under § 14-2703 (c) (3) of this subtitle.

(2) Early termination savings includes an interest charge that the motorized wheelchair lessor would have paid to finance the motorized wheelchair or, if the motorized wheelchair lessor does not finance the motorized wheelchair, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.

(g) Manufacturer. --

(1) "Manufacturer" means a person who manufactures motorized wheelchairs, and any warrantors of the manufacturer's motorized wheelchairs.

(2) "Manufacturer" does not include a motorized wheelchair dealer.

(h) Motorized wheelchair. -- "Motorized wheelchair" means any motor-driven wheelchair, scooter, or other wheeled device that is designed to provide mobility assistance for an individual with a disability, including a demonstrator, that a consumer purchases or accepts transfer of in the State.

(i) Motorized wheelchair dealer. -- "Motorized wheelchair dealer" means a person who is in the business of selling motorized wheelchairs.

(j) Motorized wheelchair lessor. -- "Motorized wheelchair lessor" means a person who leases a motorized wheelchair to a consumer, or who holds the lessor's rights, under a written lease.

(k) Nonconformity. -- "Nonconformity" means a condition or defect that substantially impairs the use, value, or safety of a motorized wheelchair or any of its component parts, and that is covered by an express warranty applicable to the motorized wheelchair or to a component of the motorized wheelchair, but does not include a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of the motorized wheelchair by a consumer.

(l) Reasonable attempt to repair. -- "Reasonable attempt to repair" means any of the following occurring within the term of an express warranty applicable to a new motorized wheelchair or within 1 year after first delivery of the motorized wheelchair to a consumer, whichever is sooner:

(1) The same nonconformity with the warranty is subject to repair at least four times by the manufacturer, motorized wheelchair lessor, or any of the manufacturer's authorized motorized wheelchair dealers and the nonconformity continues; or

(2) The motorized wheelchair is out of service for an aggregate of at least 30 days because of warranty nonconformities.

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Md. Com. L. Code Ann. §14-2701. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Collateral costs. -- "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other device used for mobility assistance.

(c) Consumer. -- "Consumer" means any of the following:

(1) The purchaser of a motorized wheelchair, if the motorized wheelchair was purchased from a motorized wheelchair dealer or manufacturer for purposes other than resale;

(2) A person to whom the motorized wheelchair is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the motorized wheelchair;

(3) A person who may enforce the warranty; or

(4) A person who leases a motorized wheelchair from a motorized wheelchair lessor under a written lease.

(d) Demonstrator. -- "Demonstrator" means a motorized wheelchair used primarily for the purpose of demonstration to the public.

(e) Early termination cost. --

(1) "Early termination cost" means any expense or obligation that a motorized wheelchair lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under § 14-2703 (c) (3) of this subtitle.

(2) Early termination cost includes a penalty for prepayment under a finance arrangement.

(f) Early termination savings. --

(1) "Early termination savings" means any expense or obligation that a motorized wheelchair lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under § 14-2703 (c) (3) of this subtitle.

(2) Early termination savings includes an interest charge that the motorized wheelchair lessor would have paid to finance the motorized wheelchair or, if the motorized wheelchair lessor does not finance the motorized wheelchair, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.

(g) Manufacturer. --

(1) "Manufacturer" means a person who manufactures motorized wheelchairs, and any warrantors of the manufacturer's motorized wheelchairs.

(2) "Manufacturer" does not include a motorized wheelchair dealer.

(h) Motorized wheelchair. -- "Motorized wheelchair" means any motor-driven wheelchair, scooter, or other wheeled device that is designed to provide mobility assistance for an individual with a disability, including a demonstrator, that a consumer purchases or accepts transfer of in the State.

(i) Motorized wheelchair dealer. -- "Motorized wheelchair dealer" means a person who is in the business of selling motorized wheelchairs.

(j) Motorized wheelchair lessor. -- "Motorized wheelchair lessor" means a person who leases a motorized wheelchair to a consumer, or who holds the lessor's rights, under a written lease.

(k) Nonconformity. -- "Nonconformity" means a condition or defect that substantially impairs the use, value, or safety of a motorized wheelchair or any of its component parts, and that is covered by an express warranty applicable to the motorized wheelchair or to a component of the motorized wheelchair, but does not include a condition or defect that is the result of abuse, neglect, or unauthorized modification or alteration of the motorized wheelchair by a consumer.

(l) Reasonable attempt to repair. -- "Reasonable attempt to repair" means any of the following occurring within the term of an express warranty applicable to a new motorized wheelchair or within 1 year after first delivery of the motorized wheelchair to a consumer, whichever is sooner:

(1) The same nonconformity with the warranty is subject to repair at least four times by the manufacturer, motorized wheelchair lessor, or any of the manufacturer's authorized motorized wheelchair dealers and the nonconformity continues; or

(2) The motorized wheelchair is out of service for an aggregate of at least 30 days because of warranty nonconformities.

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Md. Com. L. Code Ann. §14-2702. Express written warranty
(a) Required. -- A manufacturer who sells a new motorized wheelchair to a consumer, either directly or through a motorized wheelchair dealer, shall furnish the consumer with an express written warranty for the new motorized wheelchair warranting parts and performance.

(b) Duration. -- The duration of the express written warranty may not be less than 1 year after first delivery of the new motorized wheelchair to the consumer.

(c) Failure to furnish. -- If a manufacturer fails to furnish an express written warranty as required by this section, the new motorized wheelchair shall be covered by an express warranty, as if the manufacturer had furnished an express written warranty to the consumer as required by this section
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Md. Com. L. Code Ann. §14-2702. Express written warranty
(a) Required. -- A manufacturer who sells a new motorized wheelchair to a consumer, either directly or through a motorized wheelchair dealer, shall furnish the consumer with an express written warranty for the new motorized wheelchair warranting parts and performance.

(b) Duration. -- The duration of the express written warranty may not be less than 1 year after first delivery of the new motorized wheelchair to the consumer.

(c) Failure to furnish. -- If a manufacturer fails to furnish an express written warranty as required by this section, the new motorized wheelchair shall be covered by an express warranty, as if the manufacturer had furnished an express written warranty to the consumer as required by this section
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Md. Com. L. Code Ann. § 14-2703. Repair and other remedies
(a) Repair of nonconformities. -- If a new motorized wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motorized wheelchair lessor, or to any of the manufacturer's authorized motorized wheelchair dealers, and makes the motorized wheelchair available for repair before 1 year after first delivery of the motorized wheelchair to a consumer, the nonconformity shall be repaired at the manufacturer's expense to correct the nonconformity regardless of whether the repairs are made after expiration of the warranty rights period.

(b) Consumer liability for unwarranted repairs. -- If in any subsequent proceeding it is determined that the consumer's repair did not qualify for repair under this article, and the manufacturer was not otherwise obligated to repair the motorized wheelchair, the consumer shall be liable to the manufacturer for costs of repair.

(c) Remedies after reasonable attempt to repair. --

(1) If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out the requirement under paragraph (2) or (3) of this subsection, whichever is appropriate.

(2) At the direction of the consumer, except a consumer who leases a motorized wheelchair, the manufacturer shall do one of the following:

(i) Accept return of the motorized wheelchair or any of its component parts and replace it with a comparable new motorized wheelchair or any of its component parts and refund any collateral costs.

(ii) Accept return of the motorized wheelchair and refund to the consumer and to any holder of a perfected security interest in the consumer's motorized wheelchair, as their interest may appear, the full purchase price plus any finance charge, amount paid by the consumer at the point of sale, and collateral costs, less a reasonable allowance for use. The reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motorized wheelchair by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the motorized wheelchair was driven before the consumer first reported the nonconformity to the motorized wheelchair dealer.

(3) At the direction of a consumer who leases a motorized wheelchair, the manufacturer shall:

(i) Accept return of the motorized wheelchair;

(ii) Refund to the motorized wheelchair lessor and to any holder of a perfected security interest in the motorized wheelchair, as their interest may appear, the current value of the written lease as defined in subsection (d) of this section; and

(iii) Refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use as defined in subsection (e) of this section.

(d) Calculation of current value. -- The current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination plus the motorized wheelchair dealer's early termination costs and the value of the motorized wheelchair at the lease expiration date if the lease sets forth that value, less the motorized wheelchair lessor's early termination savings.

(e) Calculation of reasonable allowance for use. -- A reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the consumer drove the motorized wheelchair before first reporting the nonconformity to the manufacturer, motorized wheelchair lessor, or motorized wheelchair dealer.

(f) Refund or exchange by consumer. -- To receive a comparable new motorized wheelchair or a refund due under subsection (c) (1) or (2) of this section, a consumer, except a consumer who leases a motorized wheelchair, shall offer to transfer possession of the motorized wheelchair having the nonconformity to the manufacturer of that motorized wheelchair. No later than 30 days after that offer, the manufacturer shall provide the consumer with a comparable new motorized wheelchair or a refund. When the manufacturer provides the new motorized wheelchair or refund, the consumer shall return the motorized wheelchair having the nonconformity to the manufacturer, along with any endorsements necessary to transfer legal possession to the manufacturer.

(g) Refund or exchange by lessor or under consumer lease. --

(1) To receive a refund due under subsection (c) (3) of this section, a consumer who leases a motorized wheelchair shall offer to return the motorized wheelchair having the nonconformity to the manufacturer of that motorized wheelchair. No later than 30 days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return the motorized wheelchair having the nonconformity to the manufacturer.

(2) To receive a refund due under subsection (c) (3) of this section, a motorized wheelchair lessor shall offer to transfer possession of the motorized wheelchair having the nonconformity to the manufacturer of that motorized wheelchair. No later than 30 days after that offer, the manufacturer shall provide the refund to the motorized wheelchair lessor. When the manufacturer provides the refund, the motorized wheelchair lessor shall provide any endorsements necessary to transfer legal possession to the manufacturer.

(3) A person may not enforce the lease against the consumer after the consumer receives a refund due under subsection (c) (3) of this section.

(h) Returns. -- A motorized wheelchair returned by a consumer or motorized wheelchair lessor in this State under subsection (c) of this section, or by a consumer or motorized wheelchair lessor in another state under a similar law of that state, may not be sold or leased again in this State unless full disclosure of the reasons for return is made to any prospective buyer or lessee.

Md. Com. L. Code Ann. § 14-2703. Repair and other remedies
(a) Repair of nonconformities. -- If a new motorized wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the motorized wheelchair lessor, or to any of the manufacturer's authorized motorized wheelchair dealers, and makes the motorized wheelchair available for repair before 1 year after first delivery of the motorized wheelchair to a consumer, the nonconformity shall be repaired at the manufacturer's expense to correct the nonconformity regardless of whether the repairs are made after expiration of the warranty rights period.

(b) Consumer liability for unwarranted repairs. -- If in any subsequent proceeding it is determined that the consumer's repair did not qualify for repair under this article, and the manufacturer was not otherwise obligated to repair the motorized wheelchair, the consumer shall be liable to the manufacturer for costs of repair.

(c) Remedies after reasonable attempt to repair. --

(1) If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out the requirement under paragraph (2) or (3) of this subsection, whichever is appropriate.

(2) At the direction of the consumer, except a consumer who leases a motorized wheelchair, the manufacturer shall do one of the following:

(i) Accept return of the motorized wheelchair or any of its component parts and replace it with a comparable new motorized wheelchair or any of its component parts and refund any collateral costs.

(ii) Accept return of the motorized wheelchair and refund to the consumer and to any holder of a perfected security interest in the consumer's motorized wheelchair, as their interest may appear, the full purchase price plus any finance charge, amount paid by the consumer at the point of sale, and collateral costs, less a reasonable allowance for use. The reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motorized wheelchair by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the motorized wheelchair was driven before the consumer first reported the nonconformity to the motorized wheelchair dealer.

(3) At the direction of a consumer who leases a motorized wheelchair, the manufacturer shall:

(i) Accept return of the motorized wheelchair;

(ii) Refund to the motorized wheelchair lessor and to any holder of a perfected security interest in the motorized wheelchair, as their interest may appear, the current value of the written lease as defined in subsection (d) of this section; and

(iii) Refund to the consumer the amount that the consumer paid under the written lease plus any collateral costs, less a reasonable allowance for use as defined in subsection (e) of this section.

(d) Calculation of current value. -- The current value of the written lease equals the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination plus the motorized wheelchair dealer's early termination costs and the value of the motorized wheelchair at the lease expiration date if the lease sets forth that value, less the motorized wheelchair lessor's early termination savings.

(e) Calculation of reasonable allowance for use. -- A reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is 1,825 and the numerator of which is the number of days that the consumer drove the motorized wheelchair before first reporting the nonconformity to the manufacturer, motorized wheelchair lessor, or motorized wheelchair dealer.

(f) Refund or exchange by consumer. -- To receive a comparable new motorized wheelchair or a refund due under subsection (c) (1) or (2) of this section, a consumer, except a consumer who leases a motorized wheelchair, shall offer to transfer possession of the motorized wheelchair having the nonconformity to the manufacturer of that motorized wheelchair. No later than 30 days after that offer, the manufacturer shall provide the consumer with a comparable new motorized wheelchair or a refund. When the manufacturer provides the new motorized wheelchair or refund, the consumer shall return the motorized wheelchair having the nonconformity to the manufacturer, along with any endorsements necessary to transfer legal possession to the manufacturer.

(g) Refund or exchange by lessor or under consumer lease. --

(1) To receive a refund due under subsection (c) (3) of this section, a consumer who leases a motorized wheelchair shall offer to return the motorized wheelchair having the nonconformity to the manufacturer of that motorized wheelchair. No later than 30 days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return the motorized wheelchair having the nonconformity to the manufacturer.

(2) To receive a refund due under subsection (c) (3) of this section, a motorized wheelchair lessor shall offer to transfer possession of the motorized wheelchair having the nonconformity to the manufacturer of that motorized wheelchair. No later than 30 days after that offer, the manufacturer shall provide the refund to the motorized wheelchair lessor. When the manufacturer provides the refund, the motorized wheelchair lessor shall provide any endorsements necessary to transfer legal possession to the manufacturer.

(3) A person may not enforce the lease against the consumer after the consumer receives a refund due under subsection (c) (3) of this section.

(h) Returns. -- A motorized wheelchair returned by a consumer or motorized wheelchair lessor in this State under subsection (c) of this section, or by a consumer or motorized wheelchair lessor in another state under a similar law of that state, may not be sold or leased again in this State unless full disclosure of the reasons for return is made to any prospective buyer or lessee.

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Md. Com. L. Code Ann. §14-2704. Effect on other consumer rights; waivers

(a) In general. --

(1) This subtitle may not be deemed to limit rights or remedies available to a consumer under any other law or contract.

(2) A consumer's rights under this subtitle may not be limited by the provisions of Title 2A of the Uniform Commercial Code.

(b) Waivers void. -- Any waiver by a consumer of rights under this subtitle is void.

Md. Com. L. Code Ann. §14-2704. Effect on other consumer rights; waivers

(a) In general. --

(1) This subtitle may not be deemed to limit rights or remedies available to a consumer under any other law or contract.

(2) A consumer's rights under this subtitle may not be limited by the provisions of Title 2A of the Uniform Commercial Code.

(b) Waivers void. -- Any waiver by a consumer of rights under this subtitle is void.

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Md. Com. L. Code Ann. §14-2705. Violation; damages, costs, and attorney fees
(a) Deceptive trade practice. -- A violation of this subtitle shall be an unfair or deceptive trade practice under Title 13 of this article.

(b) Damages, costs, and attorney fees. -- In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this subtitle. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss together with costs, disbursements, and reasonable attorney fees and any equitable relief that the court determines is appropriate.

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Md. Com. L. Code Ann. §14-2705. Violation; damages, costs, and attorney fees
(a) Deceptive trade practice. -- A violation of this subtitle shall be an unfair or deceptive trade practice under Title 13 of this article.

(b) Damages, costs, and attorney fees. -- In addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this subtitle. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss together with costs, disbursements, and reasonable attorney fees and any equitable relief that the court determines is appropriate.

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Md. Com. L. Code Ann. §14-2706. Short title
This subtitle may be cited as "The Motorized Wheelchair Warranty Enforcement Act".

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Md. Com. L. Code Ann. §14-2706. Short title
This subtitle may be cited as "The Motorized Wheelchair Warranty Enforcement Act".

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Md. Com. L. Code Ann. § 14-2801. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Blind. -- "Blind" means that an individual's visual acuity:

(1) Does not exceed 20/200 in the better eye with correcting lenses; or

(2) Exceeds 20/200 but with a field of vision that at the widest diameter subtends an angle not greater than 20 degrees.

(c) Direct labor hours. --

(1) "Direct labor hours" includes all hours spent in the manufacture and assembly of a product made by blind individuals.

(2) "Direct labor hours" do not include time spent in the administration, supervision, shipping, and inspection of a product made by blind individuals.

(d) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(e) Product made by the blind. -- "Product made by the blind" means a product if not less than 75% of the total personnel engaged in the direct labor hours in the manufacture and assembly of the product are blind workers.

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Md. Com. L. Code Ann. § 14-2801. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Blind. -- "Blind" means that an individual's visual acuity:

(1) Does not exceed 20/200 in the better eye with correcting lenses; or

(2) Exceeds 20/200 but with a field of vision that at the widest diameter subtends an angle not greater than 20 degrees.

(c) Direct labor hours. --

(1) "Direct labor hours" includes all hours spent in the manufacture and assembly of a product made by blind individuals.

(2) "Direct labor hours" do not include time spent in the administration, supervision, shipping, and inspection of a product made by blind individuals.

(d) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(e) Product made by the blind. -- "Product made by the blind" means a product if not less than 75% of the total personnel engaged in the direct labor hours in the manufacture and assembly of the product are blind workers.

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Md. Com. L. Code Ann. §14-2802. Effect of subtitle

This subtitle does not authorize the identification of products as made by blind individuals if the direct labor performed by blind individuals in connection with the products consists solely of the packaging or packing of the products, and not the manufacture and assembly of the products.


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Md. Com. L. Code Ann. §14-2802. Effect of subtitle

This subtitle does not authorize the identification of products as made by blind individuals if the direct labor performed by blind individuals in connection with the products consists solely of the packaging or packing of the products, and not the manufacture and assembly of the products.


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Md. Com. L. Code Ann. § 14-2803. Prohibited acts in sales of products
A person may not sell or offer for sale any product falsely represented to be a product made by the blind.

Md. Com. L. Code Ann. § 14-2803. Prohibited acts in sales of products
A person may not sell or offer for sale any product falsely represented to be a product made by the blind.

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Md. Com. L. Code Ann. §14-2804. Use of "blind" in name

(a) Scope of section. -- This section does not apply to:

(1) The offer to sell or sale of products known as "blinds"; or

(2) An individual whose given name is "blind".

(b) Prohibition. -- A person that has products for sale may not use the word "blind" in the name or title of the person, association, or corporation unless the person limits its sales to products made by the blind.


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Md. Com. L. Code Ann. §14-2804. Use of "blind" in name

(a) Scope of section. -- This section does not apply to:

(1) The offer to sell or sale of products known as "blinds"; or

(2) An individual whose given name is "blind".

(b) Prohibition. -- A person that has products for sale may not use the word "blind" in the name or title of the person, association, or corporation unless the person limits its sales to products made by the blind.


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Md. Com. L. Code Ann. §14-2805. Identifying mark on products

(a) Scope of section. -- This section does not apply to products made and sold by self-employed blind individuals who reside in the State.

(b) Sales without mark prohibited. -- Products made by the blind may not be sold without a mark on the products that:

(1) Identifies the products as made by the blind; and

(2) Identifies the organization that made the products.



Md. Com. L. Code Ann. §14-2805. Identifying mark on products

(a) Scope of section. -- This section does not apply to products made and sold by self-employed blind individuals who reside in the State.

(b) Sales without mark prohibited. -- Products made by the blind may not be sold without a mark on the products that:

(1) Identifies the products as made by the blind; and

(2) Identifies the organization that made the products.



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Md. Com. L. Code Ann. §14-2806. Registration and permit required for sales of products
(a) In general. -- Each person that is engaged in the State in the business of telephone solicitation or door-to-door sales of products made by the blind shall:

(1) Register with Blind Industries and Services of Maryland; and

(2) Obtain a permit for each person selling or soliciting the sale of products made by the blind.

(b) Sales without permit prohibited. -- A product made by the blind may not be sold in the State unless the seller holds a valid permit issued under this section.

(c) Term of permit. -- Unless earlier revoked for good cause shown, a permit issued under this section is valid for 1 year.

(d) Fee for permit. -- The fee for each permit and each renewal of a permit shall be:

(1) 50 cents for a person that resides or has its main office in the State; and

(2) $ 5.00 for a person that does not reside or have its main office in the State.

(e) Investigation of application. --

(1) Blind Industries and Services of Maryland shall investigate, under rules and regulations that it adopts for the administration of this subtitle, each application filed under this section to ensure that the applicant actually is engaged in the manufacture or distribution of products made by the blind.

(2) Blind Industries and Services of Maryland may register, without investigation, nonresident persons and out-of-state associations and corporations on proof that the persons, associations, or corporations are recognized and approved by the state of their residence or organization under a law of that state that imposes requirements substantially similar to those prescribed under this subtitle.

(f) Penalties for violation of section. -- A person that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 100 or imprisonment not exceeding 30 days or both.


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Md. Com. L. Code Ann. §14-2806. Registration and permit required for sales of products
(a) In general. -- Each person that is engaged in the State in the business of telephone solicitation or door-to-door sales of products made by the blind shall:

(1) Register with Blind Industries and Services of Maryland; and

(2) Obtain a permit for each person selling or soliciting the sale of products made by the blind.

(b) Sales without permit prohibited. -- A product made by the blind may not be sold in the State unless the seller holds a valid permit issued under this section.

(c) Term of permit. -- Unless earlier revoked for good cause shown, a permit issued under this section is valid for 1 year.

(d) Fee for permit. -- The fee for each permit and each renewal of a permit shall be:

(1) 50 cents for a person that resides or has its main office in the State; and

(2) $ 5.00 for a person that does not reside or have its main office in the State.

(e) Investigation of application. --

(1) Blind Industries and Services of Maryland shall investigate, under rules and regulations that it adopts for the administration of this subtitle, each application filed under this section to ensure that the applicant actually is engaged in the manufacture or distribution of products made by the blind.

(2) Blind Industries and Services of Maryland may register, without investigation, nonresident persons and out-of-state associations and corporations on proof that the persons, associations, or corporations are recognized and approved by the state of their residence or organization under a law of that state that imposes requirements substantially similar to those prescribed under this subtitle.

(f) Penalties for violation of section. -- A person that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 100 or imprisonment not exceeding 30 days or both.


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Md. Com. L. Code Ann. §14-2807. Penalties for violation of subtitle
(a) In general. -- A person that violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to:

(1) A fine not exceeding $ 100 and the costs of prosecution; or

(2) In default of payment of the amount provided in item (1) of this subsection, imprisonment not exceeding 30 days.

(b) Separate offense. -- Each sale of, or offer to sell, products in violation of this subtitle is a separate offense.


Md. Com. L. Code Ann. §14-2807. Penalties for violation of subtitle
(a) In general. -- A person that violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to:

(1) A fine not exceeding $ 100 and the costs of prosecution; or

(2) In default of payment of the amount provided in item (1) of this subsection, imprisonment not exceeding 30 days.

(b) Separate offense. -- Each sale of, or offer to sell, products in violation of this subtitle is a separate offense.


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Md. Com. L. Code Ann. § 14-2901. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Advertise. -- "Advertise" means:

(1) To publish, circulate, disseminate, or place before the public in any way or through any medium for the purpose of selling merchandise; and

(2) Advertising by:

(i) Exterior or interior signs, including neon or other electrical signs;

(ii) Radio, telephone, or television; and

(iii) Newspaper, magazine, book, notice, or any other method or material.

(c) Person. -- "Person" includes an association, firm, partnership, corporation, or an agent or employee of any of these entities.

(d) Property. -- "Property", as used in § 14-2902(a) through (c) of this subtitle, includes:

(1) Merchandise;

(2) Real estate;

(3) Securities;

(4) Employment;

(5) A loan made at interest;

(6) Any contract relating to real estate, securities, service, employment, or the making of loans at interest; or

(7) Anything else of value.

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Md. Com. L. Code Ann. § 14-2901. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Advertise. -- "Advertise" means:

(1) To publish, circulate, disseminate, or place before the public in any way or through any medium for the purpose of selling merchandise; and

(2) Advertising by:

(i) Exterior or interior signs, including neon or other electrical signs;

(ii) Radio, telephone, or television; and

(iii) Newspaper, magazine, book, notice, or any other method or material.

(c) Person. -- "Person" includes an association, firm, partnership, corporation, or an agent or employee of any of these entities.

(d) Property. -- "Property", as used in § 14-2902(a) through (c) of this subtitle, includes:

(1) Merchandise;

(2) Real estate;

(3) Securities;

(4) Employment;

(5) A loan made at interest;

(6) Any contract relating to real estate, securities, service, employment, or the making of loans at interest; or

(7) Anything else of value.

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Md. Com. L. Code Ann. §14-2902. False and fraudulent advertising

(a) Prohibited -- False statement. -- For the purpose of purchasing, selling, or disposing of property or a service, a person may not advertise a statement containing a representation of fact that the person knows, or by the exercise of reasonable care should know, to be untrue, deceptive, or misleading.

(b) Same -- Unidentified repossessed property. -- A person may not offer for sale repossessed, reconditioned, rebuilt, or secondhand property, knowing the property to be repossessed, reconditioned, rebuilt, or secondhand, unless:

(1) The property is identified clearly as repossessed, reconditioned, rebuilt, or secondhand; or

(2) The circumstances of the sale make it clear to a reasonable purchaser that the property is repossessed, reconditioned, rebuilt, or secondhand.

(c) Same -- Sale of property not possessed. -- A person may not knowingly advertise for sale property or a service that the person does not possess or control for the purpose of inducing or increasing the sale of other property or service that the person possesses or controls.

(d) Same -- Vessel registry omitted in advertising. --

(1) A person who issues, sells, or offers to sell a passenger ticket to board a vessel may not omit reference to the country of registry of the vessel in any advertisement or any other similar printed paper or notice, written or oral, regarding:

(i) The voyage or the ticket that entitles or purports to entitle its owner, purchaser, or holder to the voyage;

(ii) The vessel for which the voyage is sold or offered;

(iii) The line that the vessel is part of; or

(iv) If applicable, that the person is an agent for the line or vessel.

(2) Reference in a printed advertisement to the country of registry of the vessel shall be no less prominently displayed than the balance of the material appearing in the advertisement.

(e) Same -- Undisclosed ground rent. -- A person may not advertise for sale property subject to a ground rent at a stated price or on terms stating the amount of any installment payments without also stating the amount of the annual ground rent for the property.

(f) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both.

Md. Com. L. Code Ann. §14-2902. False and fraudulent advertising

(a) Prohibited -- False statement. -- For the purpose of purchasing, selling, or disposing of property or a service, a person may not advertise a statement containing a representation of fact that the person knows, or by the exercise of reasonable care should know, to be untrue, deceptive, or misleading.

(b) Same -- Unidentified repossessed property. -- A person may not offer for sale repossessed, reconditioned, rebuilt, or secondhand property, knowing the property to be repossessed, reconditioned, rebuilt, or secondhand, unless:

(1) The property is identified clearly as repossessed, reconditioned, rebuilt, or secondhand; or

(2) The circumstances of the sale make it clear to a reasonable purchaser that the property is repossessed, reconditioned, rebuilt, or secondhand.

(c) Same -- Sale of property not possessed. -- A person may not knowingly advertise for sale property or a service that the person does not possess or control for the purpose of inducing or increasing the sale of other property or service that the person possesses or controls.

(d) Same -- Vessel registry omitted in advertising. --

(1) A person who issues, sells, or offers to sell a passenger ticket to board a vessel may not omit reference to the country of registry of the vessel in any advertisement or any other similar printed paper or notice, written or oral, regarding:

(i) The voyage or the ticket that entitles or purports to entitle its owner, purchaser, or holder to the voyage;

(ii) The vessel for which the voyage is sold or offered;

(iii) The line that the vessel is part of; or

(iv) If applicable, that the person is an agent for the line or vessel.

(2) Reference in a printed advertisement to the country of registry of the vessel shall be no less prominently displayed than the balance of the material appearing in the advertisement.

(e) Same -- Undisclosed ground rent. -- A person may not advertise for sale property subject to a ground rent at a stated price or on terms stating the amount of any installment payments without also stating the amount of the annual ground rent for the property.

(f) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 1,000 or both.

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Md. Com. L. Code Ann. §14-2903. Bait and switch
(a) Prohibited. -- A person may not advertise for sale merchandise, commodities, or service through an advertisement describing the merchandise, commodities, or service:

(1) As part of a plan or scheme with the intent not to sell the merchandise, commodity, or service at the advertised price; or

(2) With the intent not to sell the merchandise, commodity, or service.

(b) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 500 or both.


Md. Com. L. Code Ann. §14-2903. Bait and switch
(a) Prohibited. -- A person may not advertise for sale merchandise, commodities, or service through an advertisement describing the merchandise, commodities, or service:

(1) As part of a plan or scheme with the intent not to sell the merchandise, commodity, or service at the advertised price; or

(2) With the intent not to sell the merchandise, commodity, or service.

(b) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 500 or both.


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Md. Com. L. Code Ann. §14-3001. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Commercial electronic mail. --

(1) "Commercial electronic mail" means electronic mail that advertises real property, goods, or services for sale or lease.

(2) "Commercial electronic mail" does not include electronic mail to which an interactive computer service provider has attached an advertisement in exchange for free use of an electronic mail account.

(c) Interactive computer service provider. --

(1) "Interactive computer service provider" means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer service.

(2) "Interactive computer service provider" includes a service or system that provides access to the Internet and systems operated or services offered by a library or educational institution.

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Md. Com. L. Code Ann. §14-3001. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Commercial electronic mail. --

(1) "Commercial electronic mail" means electronic mail that advertises real property, goods, or services for sale or lease.

(2) "Commercial electronic mail" does not include electronic mail to which an interactive computer service provider has attached an advertisement in exchange for free use of an electronic mail account.

(c) Interactive computer service provider. --

(1) "Interactive computer service provider" means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer service.

(2) "Interactive computer service provider" includes a service or system that provides access to the Internet and systems operated or services offered by a library or educational institution.

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Md. Com. L. Code Ann. §14-3002. Unauthorized, false, or misleading information through electronic mail
(a) Application. -- This section does not apply to an interactive computer service provider or a telecommunication utility to the extent that the interactive computer service provider or the telecommunication utility merely handles, retransmits, or carries a transmission of commercial electronic mail.

(b) Prohibition. -- A person may not initiate the transmission, conspire with another person to initiate the transmission, or assist in the transmission of commercial electronic mail that:

(1) Is from a computer in the State or is sent to an electronic mail address that the sender knows or should have known is held by a resident of the State; and

(2) (i) Uses a third party's Internet domain name or electronic mail address without the permission of the third party;

(ii) Contains false or misleading information about the origin or the transmission path of the commercial electronic mail; or

(iii) Contains false or misleading information in the subject line that has the capacity, tendency, or effect of deceiving the recipient.

(c) Presumption. -- A person is presumed to know that the intended recipient of commercial electronic mail is a resident of the State if the information is available on request from the registrant of the Internet domain name contained in the recipient's electronic mail address.

(d) Blocking. -- An interactive computer service provider:

(1) May block the receipt or transmission through its interactive computer service of commercial electronic mail that it reasonably believes is or will be sent in apparent violation of this section; and

(2) May not be held liable for an action under item (1) of this subsection that is voluntarily taken in good faith.

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Md. Com. L. Code Ann. §14-3002. Unauthorized, false, or misleading information through electronic mail
(a) Application. -- This section does not apply to an interactive computer service provider or a telecommunication utility to the extent that the interactive computer service provider or the telecommunication utility merely handles, retransmits, or carries a transmission of commercial electronic mail.

(b) Prohibition. -- A person may not initiate the transmission, conspire with another person to initiate the transmission, or assist in the transmission of commercial electronic mail that:

(1) Is from a computer in the State or is sent to an electronic mail address that the sender knows or should have known is held by a resident of the State; and

(2) (i) Uses a third party's Internet domain name or electronic mail address without the permission of the third party;

(ii) Contains false or misleading information about the origin or the transmission path of the commercial electronic mail; or

(iii) Contains false or misleading information in the subject line that has the capacity, tendency, or effect of deceiving the recipient.

(c) Presumption. -- A person is presumed to know that the intended recipient of commercial electronic mail is a resident of the State if the information is available on request from the registrant of the Internet domain name contained in the recipient's electronic mail address.

(d) Blocking. -- An interactive computer service provider:

(1) May block the receipt or transmission through its interactive computer service of commercial electronic mail that it reasonably believes is or will be sent in apparent violation of this section; and

(2) May not be held liable for an action under item (1) of this subsection that is voluntarily taken in good faith.

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Md. Com. L. Code Ann. §14-3003. Penalty
A person who violates this subtitle is liable for reasonable attorney's fees and for damages:

(1) To the recipient of commercial electronic mail, in an amount equal to the greater of $ 500 or the recipient's actual damages;

(2) To the third party without whose permission the third party's Internet domain name or electronic mail address was used, in an amount equal to the greater of $ 500 or the third party's actual damages; and

(3) To an interactive computer service provider, in an amount equal to the greater of $ 1,000 or the interactive computer service provider's actual damages.


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Md. Com. L. Code Ann. §14-3003. Penalty
A person who violates this subtitle is liable for reasonable attorney's fees and for damages:

(1) To the recipient of commercial electronic mail, in an amount equal to the greater of $ 500 or the recipient's actual damages;

(2) To the third party without whose permission the third party's Internet domain name or electronic mail address was used, in an amount equal to the greater of $ 500 or the third party's actual damages; and

(3) To an interactive computer service provider, in an amount equal to the greater of $ 1,000 or the interactive computer service provider's actual damages.


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Md. Com. L. Code Ann. § 14-3101. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Carrier's lien. -- "Carrier's lien" means a lien established under § 7-307 of this article.

(c) Consumer. -- "Consumer" has the meaning stated in § 13-101 of this article.

(d) Household goods. -- "Household goods" means goods used primarily for personal, family, or household purposes.

(e) Household goods mover. -- "Household goods mover" means a person who provides household goods moving services.

(f) Household goods moving services. --

(1) "Household goods moving services" means the loading, packing, moving, transporting, storing while in transit, unloading, or otherwise taking possession or control from a consumer of household goods for the purpose of moving them to another location at the direction of the consumer for a fee.

(2) "Household goods moving services" does not include moving household goods for disposal or destruction.

Md. Com. L. Code Ann. § 14-3101. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Carrier's lien. -- "Carrier's lien" means a lien established under § 7-307 of this article.

(c) Consumer. -- "Consumer" has the meaning stated in § 13-101 of this article.

(d) Household goods. -- "Household goods" means goods used primarily for personal, family, or household purposes.

(e) Household goods mover. -- "Household goods mover" means a person who provides household goods moving services.

(f) Household goods moving services. --

(1) "Household goods moving services" means the loading, packing, moving, transporting, storing while in transit, unloading, or otherwise taking possession or control from a consumer of household goods for the purpose of moving them to another location at the direction of the consumer for a fee.

(2) "Household goods moving services" does not include moving household goods for disposal or destruction.

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Md. Com. L. Code Ann. §14-3102. Enforcement of carrier's lien in intrastate move prohibited
A household goods mover may not enforce or threaten to enforce a carrier's lien against, or refuse to deliver, a consumer's household goods when providing household goods moving services for an intrastate move.

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Md. Com. L. Code Ann. §14-3102. Enforcement of carrier's lien in intrastate move prohibited
A household goods mover may not enforce or threaten to enforce a carrier's lien against, or refuse to deliver, a consumer's household goods when providing household goods moving services for an intrastate move.

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Md. Com. L. Code Ann. §14-3102.1. Written receipt after completion of intrastate move

On completion of household goods moving services for an intrastate move for a consumer, a household goods mover shall provide the consumer with a written receipt that states:

(1) The household goods mover's legal name; and

(2) The address and telephone number of:

(i) The household goods mover's resident agent in the State; or

(ii) If the household goods mover does not have a resident agent in the State, the household goods mover's principal place of business.

Md. Com. L. Code Ann. §14-3102.1. Written receipt after completion of intrastate move

On completion of household goods moving services for an intrastate move for a consumer, a household goods mover shall provide the consumer with a written receipt that states:

(1) The household goods mover's legal name; and

(2) The address and telephone number of:

(i) The household goods mover's resident agent in the State; or

(ii) If the household goods mover does not have a resident agent in the State, the household goods mover's principal place of business.

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Md. Com. L. Code Ann. §14-3103. Violations; penalties
(a) Violations. -- A violation of this subtitle is an unfair or deceptive trade practice within the meaning of Title 13 of this article and is subject to the enforcement and penalty provisions contained in Title 13 of this article.

(b) Penalties. -- In addition to being subject to the enforcement and penalty provisions contained in Title 13 of this article, a household goods mover that violates this subtitle is subject to any other civil or criminal action provided by law.


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Md. Com. L. Code Ann. §14-3103. Violations; penalties
(a) Violations. -- A violation of this subtitle is an unfair or deceptive trade practice within the meaning of Title 13 of this article and is subject to the enforcement and penalty provisions contained in Title 13 of this article.

(b) Penalties. -- In addition to being subject to the enforcement and penalty provisions contained in Title 13 of this article, a household goods mover that violates this subtitle is subject to any other civil or criminal action provided by law.


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Md. Com. L. Code Ann. §14-3104. Short title

This subtitle may be cited as the Maryland Household Goods Movers Act
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Md. Com. L. Code Ann. §14-3104. Short title

This subtitle may be cited as the Maryland Household Goods Movers Act
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Md. Com. L. Code Ann. §14-3201. Violations of certain federal laws and regulations prohibited

A person may not violate:

(1) The Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101 through 6108, as implemented by the Federal Trade Commission in the Telemarketing Sales Rule (16 C.F.R. Part 310); or

(2) The Telephone Consumer Protection Act, 47 U.S.C. § 227, as implemented by the Federal Communications Commission in the Restrictions on Telemarketing and Telephone Solicitations Rule (47 C.F.R. Part 64, Subpart L).


Md. Com. L. Code Ann. §14-3201. Violations of certain federal laws and regulations prohibited

A person may not violate:

(1) The Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101 through 6108, as implemented by the Federal Trade Commission in the Telemarketing Sales Rule (16 C.F.R. Part 310); or

(2) The Telephone Consumer Protection Act, 47 U.S.C. § 227, as implemented by the Federal Communications Commission in the Restrictions on Telemarketing and Telephone Solicitations Rule (47 C.F.R. Part 64, Subpart L).


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Md. Com. L. Code Ann. §14-3202. Violations; remedies
(a) Violations. -- A violation of this subtitle is an unfair or deceptive trade practice within the meaning of Title 13 of this article and is subject to the enforcement and penalty provisions contained in Title 13 of this article.

(b) Remedies. -- In addition to the remedies provided in § 13-408 of this article, an individual who is affected by a violation of this subtitle may bring an action against a person that violates this subtitle to recover:

(1) Reasonable attorney's fees; and

(2) Damages in the amount of the greater of:

(i) $ 500 for each violation; or

(ii) Actual damages sustained as a result of the violation.

(c) Separate violations. -- For purposes of this section, each prohibited telephone solicitation and each prohibited practice during a telephone solicitation is a separate violation.

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Md. Com. L. Code Ann. §14-3202. Violations; remedies
(a) Violations. -- A violation of this subtitle is an unfair or deceptive trade practice within the meaning of Title 13 of this article and is subject to the enforcement and penalty provisions contained in Title 13 of this article.

(b) Remedies. -- In addition to the remedies provided in § 13-408 of this article, an individual who is affected by a violation of this subtitle may bring an action against a person that violates this subtitle to recover:

(1) Reasonable attorney's fees; and

(2) Damages in the amount of the greater of:

(i) $ 500 for each violation; or

(ii) Actual damages sustained as a result of the violation.

(c) Separate violations. -- For purposes of this section, each prohibited telephone solicitation and each prohibited practice during a telephone solicitation is a separate violation.

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Md. Com. L. Code Ann. §14-3301. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Client. -- "Client" means a noncitizen or any person seeking to sponsor a noncitizen for whom an immigration consultant performs or offers to perform a service relating to the noncitizen's immigration status.

(c) Immigration consultant. -- "Immigration consultant" means a person that provides nonlegal advice, guidance, information, or services to a client on an immigration matter for a fee.

(d) Immigration matter. -- "Immigration matter" means any legal proceeding, filing, or action that:

(1) Affects the immigration status of a noncitizen; and

(2) Arises under:

(i) Any immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or

(ii) An action of the United States Department of Homeland Security, the United States Department of Labor, the United States Department of State, the United States Department of Justice, or the United States Department of Commerce.

(e) Legal services. --

(1) "Legal services" means the legal representation of an individual.

(2) "Legal services" includes providing forms to an individual, completing forms on behalf of an individual, filing forms on behalf of an individual, advising an individual to file forms, or applying for a benefit on behalf of an individual.

(f) Secretarial services. -- "Secretarial services" means:

(1) Writing, typing, or copying information as provided by an individual; or

(2) Translating documents into English for an individual.

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Md. Com. L. Code Ann. §14-3301. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Client. -- "Client" means a noncitizen or any person seeking to sponsor a noncitizen for whom an immigration consultant performs or offers to perform a service relating to the noncitizen's immigration status.

(c) Immigration consultant. -- "Immigration consultant" means a person that provides nonlegal advice, guidance, information, or services to a client on an immigration matter for a fee.

(d) Immigration matter. -- "Immigration matter" means any legal proceeding, filing, or action that:

(1) Affects the immigration status of a noncitizen; and

(2) Arises under:

(i) Any immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or

(ii) An action of the United States Department of Homeland Security, the United States Department of Labor, the United States Department of State, the United States Department of Justice, or the United States Department of Commerce.

(e) Legal services. --

(1) "Legal services" means the legal representation of an individual.

(2) "Legal services" includes providing forms to an individual, completing forms on behalf of an individual, filing forms on behalf of an individual, advising an individual to file forms, or applying for a benefit on behalf of an individual.

(f) Secretarial services. -- "Secretarial services" means:

(1) Writing, typing, or copying information as provided by an individual; or

(2) Translating documents into English for an individual.

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Md. Com. L. Code Ann. §14-3302. Applicability of subtitle

This subtitle does not apply to:

(1) An attorney licensed to practice law in the State;

(2) An individual authorized to represent individuals in immigration matters under 8 C.F.R. § 292.1;

(3) A nonprofit organization that has been recognized under 8 C.F.R. § 292.2;

(4) A representative of a nonprofit organization that has been recognized under 8 C.F.R. § 292.2; or

(5) A clinic affiliated with a law school in the State
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Md. Com. L. Code Ann. §14-3302. Applicability of subtitle

This subtitle does not apply to:

(1) An attorney licensed to practice law in the State;

(2) An individual authorized to represent individuals in immigration matters under 8 C.F.R. § 292.1;

(3) A nonprofit organization that has been recognized under 8 C.F.R. § 292.2;

(4) A representative of a nonprofit organization that has been recognized under 8 C.F.R. § 292.2; or

(5) A clinic affiliated with a law school in the State
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Md. Com. L. Code Ann. §14-3303. Prohibited activities of immigration consultant

An immigration consultant may not:

(1) Provide legal advice or legal services concerning an immigration matter;

(2) Make a misrepresentation or false statement to influence, persuade, or encourage a client to use services provided by the immigration consultant;

(3) Make a statement that the immigration consultant can or will obtain special favors from or has special influence with the United States Department of Homeland Security, the United States Department of Labor, the United States Department of State, the United States Department of Justice, or the United States Department of Commerce;

(4) Collect any fees or other compensation for services not yet performed;

(5) Refuse to return documents supplied by, prepared by, or paid for by a client, at the client's request; or

(6) Represent, advertise, or communicate in any manner that the immigration consultant possesses titles or credentials that would qualify the immigration consultant to provide legal advice or legal services.


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Md. Com. L. Code Ann. §14-3303. Prohibited activities of immigration consultant

An immigration consultant may not:

(1) Provide legal advice or legal services concerning an immigration matter;

(2) Make a misrepresentation or false statement to influence, persuade, or encourage a client to use services provided by the immigration consultant;

(3) Make a statement that the immigration consultant can or will obtain special favors from or has special influence with the United States Department of Homeland Security, the United States Department of Labor, the United States Department of State, the United States Department of Justice, or the United States Department of Commerce;

(4) Collect any fees or other compensation for services not yet performed;

(5) Refuse to return documents supplied by, prepared by, or paid for by a client, at the client's request; or

(6) Represent, advertise, or communicate in any manner that the immigration consultant possesses titles or credentials that would qualify the immigration consultant to provide legal advice or legal services.


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Md. Com. L. Code Ann. §14-3304. Contract

(a) Contents. -- Before providing any assistance, an immigration consultant shall execute a written contract with the client that includes:

(1) A detailed explanation of the services to be performed;

(2) An itemization of all fees to be charged to the client;

(3) A statement that the client has the right to consult an attorney before signing the contract;

(4) A statement that the client has the right to rescind the contract within 72 hours of signing;

(5) The statement, "I am not an attorney licensed to practice law in Maryland, and may not provide legal forms, provide legal advice, or provide legal services", which shall be conspicuously placed in the contract in at least 12 point type; and

(6) The statement, "I cannot accept a fee for referring a client to another person for services that I cannot or will not perform", which shall be conspicuously placed in the contract in at least 12 point type.

(b) Languages. -- The written contract shall be in English and in each language in which the immigration consultant provides services.

(c) Copy. -- The immigration consultant shall provide a copy of the contract to the client on execution.

(d) Return of documents. -- The immigration consultant shall return any documents provided by the client at the client's request, even in the event of a fee dispute.


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Md. Com. L. Code Ann. §14-3304. Contract

(a) Contents. -- Before providing any assistance, an immigration consultant shall execute a written contract with the client that includes:

(1) A detailed explanation of the services to be performed;

(2) An itemization of all fees to be charged to the client;

(3) A statement that the client has the right to consult an attorney before signing the contract;

(4) A statement that the client has the right to rescind the contract within 72 hours of signing;

(5) The statement, "I am not an attorney licensed to practice law in Maryland, and may not provide legal forms, provide legal advice, or provide legal services", which shall be conspicuously placed in the contract in at least 12 point type; and

(6) The statement, "I cannot accept a fee for referring a client to another person for services that I cannot or will not perform", which shall be conspicuously placed in the contract in at least 12 point type.

(b) Languages. -- The written contract shall be in English and in each language in which the immigration consultant provides services.

(c) Copy. -- The immigration consultant shall provide a copy of the contract to the client on execution.

(d) Return of documents. -- The immigration consultant shall return any documents provided by the client at the client's request, even in the event of a fee dispute.


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Md. Com. L. Code Ann. §14-3305. Required posting

An immigration consultant shall post, in a conspicuous location at each place of business at which the immigration consultant provides immigration consulting services, a sign that states, "I am not an attorney licensed to practice law in Maryland, and may not provide legal forms, provide legal advice, or provide legal services."

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Md. Com. L. Code Ann. §14-3305. Required posting

An immigration consultant shall post, in a conspicuous location at each place of business at which the immigration consultant provides immigration consulting services, a sign that states, "I am not an attorney licensed to practice law in Maryland, and may not provide legal forms, provide legal advice, or provide legal services."

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Md. Com. L. Code Ann. §14-3306. Remedies for violations of subtitle
(a) Fine and civil penalties. -- An immigration consultant that violates this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding 1 year or both, in addition to any civil penalties imposed under subsection (b) of this section.

(b) Action for damages. -- An individual injured by a violation of any provision of this subtitle may bring an action to recover:

(1) Any fees or other compensation paid to the immigration consultant; and

(2) Reasonable attorney's fees in an amount equal to the greater of:

(i) $ 2,000;

(ii) One-third of the amount obtained under item (1) of this subsection; or

(iii) One-third of the amount obtained under subsection (c) of this section, if applicable.

(c) Treble damages. -- The court may award up to three times the amount of damages authorized under subsection (b)(1) of this section.


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Md. Com. L. Code Ann. §14-3306. Remedies for violations of subtitle
(a) Fine and civil penalties. -- An immigration consultant that violates this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding 1 year or both, in addition to any civil penalties imposed under subsection (b) of this section.

(b) Action for damages. -- An individual injured by a violation of any provision of this subtitle may bring an action to recover:

(1) Any fees or other compensation paid to the immigration consultant; and

(2) Reasonable attorney's fees in an amount equal to the greater of:

(i) $ 2,000;

(ii) One-third of the amount obtained under item (1) of this subsection; or

(iii) One-third of the amount obtained under subsection (c) of this section, if applicable.

(c) Treble damages. -- The court may award up to three times the amount of damages authorized under subsection (b)(1) of this section.


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Md. Com. L. Code Ann. §14-3401. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Interactive computer service provider. -- "Interactive computer service provider" means an entity that provides a service that provides or enables computer access via the Internet by multiple users to a computer server or similar device used for the storage of images, information, or data.

(c) Person. --

(1) "Person" includes an individual, corporation, business trust, estate trust, partnership, association, two or more persons having a joint or common interest, or any other commercial entity.

(2) "Person" does not include a unit of State or local government.

(d) Publicly post or display. -- "Publicly post or display" means to intentionally communicate or otherwise make available to the general public.

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Md. Com. L. Code Ann. §14-3401. Definitions

(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Interactive computer service provider. -- "Interactive computer service provider" means an entity that provides a service that provides or enables computer access via the Internet by multiple users to a computer server or similar device used for the storage of images, information, or data.

(c) Person. --

(1) "Person" includes an individual, corporation, business trust, estate trust, partnership, association, two or more persons having a joint or common interest, or any other commercial entity.

(2) "Person" does not include a unit of State or local government.

(d) Publicly post or display. -- "Publicly post or display" means to intentionally communicate or otherwise make available to the general public.

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Md. Com. L. Code Ann. §14-3402. Display of Social Security number prohibited
(a) In general. -- Except as otherwise provided in this subtitle, a person may not:

(1) Publicly post or display an individual's Social Security number;

(2) Print an individual's Social Security number on a card required for the individual to access products or services provided by the person;

(3) Require an individual to transmit the individual's Social Security number over the Internet unless the connection is secure or the individual's Social Security number is encrypted;

(4) Initiate the transmission of an individual's Social Security number over the Internet unless the connection is secure or the Social Security number is encrypted;

(5) Require an individual to use the individual's Social Security number to access an Internet website, unless a password, unique personal identification number, or other authentication device is also required to access the website; or

(6) Unless required by State or federal law:

(i) Print an individual's Social Security number on any material that is mailed to the individual;

(ii) Include an individual's Social Security number in any material that is electronically transmitted to the individual, unless the connection is secure or the individual's Social Security number is encrypted; or

(iii) Include an individual's Social Security number in any material that is transmitted by facsimile to the individual.

(b) Applicability of section. -- This section does not apply to:

(1) The collection, release, or use of an individual's Social Security number as required by State or federal law;

(2) The inclusion of an individual's Social Security number in an application, form, or document sent by mail, electronically transmitted, or transmitted by facsimile:

(i) As part of an application or enrollment process;

(ii) To establish, amend, or terminate an account, contract, or policy; or

(iii) To confirm the accuracy of the individual's Social Security number;

(3) The use of an individual's Social Security number for internal verification or administrative purposes; or

(4) An interactive computer service provider's or a telecommunications provider's transmission or routing of, or intermediate temporary storage or caching of, an individual's Social Security number.

(c) Exceptions. -- This section does not impose a duty on an interactive computer service provider or a telecommunications provider actively to monitor its service or affirmatively to seek evidence of the transmission of Social Security numbers on its service.
Md. Com. L. Code Ann. §14-3402. Display of Social Security number prohibited
(a) In general. -- Except as otherwise provided in this subtitle, a person may not:

(1) Publicly post or display an individual's Social Security number;

(2) Print an individual's Social Security number on a card required for the individual to access products or services provided by the person;

(3) Require an individual to transmit the individual's Social Security number over the Internet unless the connection is secure or the individual's Social Security number is encrypted;

(4) Initiate the transmission of an individual's Social Security number over the Internet unless the connection is secure or the Social Security number is encrypted;

(5) Require an individual to use the individual's Social Security number to access an Internet website, unless a password, unique personal identification number, or other authentication device is also required to access the website; or

(6) Unless required by State or federal law:

(i) Print an individual's Social Security number on any material that is mailed to the individual;

(ii) Include an individual's Social Security number in any material that is electronically transmitted to the individual, unless the connection is secure or the individual's Social Security number is encrypted; or

(iii) Include an individual's Social Security number in any material that is transmitted by facsimile to the individual.

(b) Applicability of section. -- This section does not apply to:

(1) The collection, release, or use of an individual's Social Security number as required by State or federal law;

(2) The inclusion of an individual's Social Security number in an application, form, or document sent by mail, electronically transmitted, or transmitted by facsimile:

(i) As part of an application or enrollment process;

(ii) To establish, amend, or terminate an account, contract, or policy; or

(iii) To confirm the accuracy of the individual's Social Security number;

(3) The use of an individual's Social Security number for internal verification or administrative purposes; or

(4) An interactive computer service provider's or a telecommunications provider's transmission or routing of, or intermediate temporary storage or caching of, an individual's Social Security number.

(c) Exceptions. -- This section does not impose a duty on an interactive computer service provider or a telecommunications provider actively to monitor its service or affirmatively to seek evidence of the transmission of Social Security numbers on its service.

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Md. Com. L. Code Ann. §14-3501. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Business. --

(1) "Business" means a sole proprietorship, partnership, corporation, association, or any other business entity, whether or not organized to operate at a profit.

(2) "Business" includes a financial institution organized, chartered, licensed, or otherwise authorized under the laws of this State, any other state, the United States, or any other country, and the parent or subsidiary of a financial institution.

(c) Encrypted. -- "Encrypted" means the transformation of data through the use of an algorithmic process into a form in which there is a low probability of assigning meaning without use of a confidential process or key.

(d) Personal information. --

(1) "Personal information" means an individual's first name or first initial and last name in combination with any one or more of the following data elements, when the name or the data elements are not encrypted, redacted, or otherwise protected by another method that renders the information unreadable or unusable:

(i) A Social Security number;

(ii) A driver's license number;

(iii) A financial account number, including a credit card number or debit card number, that in combination with any required security code, access code, or password, would permit access to an individual's financial account; or

(iv) An Individual Taxpayer Identification Number.

(2) "Personal information" does not include:

(i) Publicly available information that is lawfully made available to the general public from federal, State, or local government records;

(ii) Information that an individual has consented to have publicly disseminated or listed; or

(iii) Information that is disseminated or listed in accordance with the federal Health Insurance Portability and Accountability Act.

(e) Records. -- "Records" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

Md. Com. L. Code Ann. §14-3501. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Business. --

(1) "Business" means a sole proprietorship, partnership, corporation, association, or any other business entity, whether or not organized to operate at a profit.

(2) "Business" includes a financial institution organized, chartered, licensed, or otherwise authorized under the laws of this State, any other state, the United States, or any other country, and the parent or subsidiary of a financial institution.

(c) Encrypted. -- "Encrypted" means the transformation of data through the use of an algorithmic process into a form in which there is a low probability of assigning meaning without use of a confidential process or key.

(d) Personal information. --

(1) "Personal information" means an individual's first name or first initial and last name in combination with any one or more of the following data elements, when the name or the data elements are not encrypted, redacted, or otherwise protected by another method that renders the information unreadable or unusable:

(i) A Social Security number;

(ii) A driver's license number;

(iii) A financial account number, including a credit card number or debit card number, that in combination with any required security code, access code, or password, would permit access to an individual's financial account; or

(iv) An Individual Taxpayer Identification Number.

(2) "Personal information" does not include:

(i) Publicly available information that is lawfully made available to the general public from federal, State, or local government records;

(ii) Information that an individual has consented to have publicly disseminated or listed; or

(iii) Information that is disseminated or listed in accordance with the federal Health Insurance Portability and Accountability Act.

(e) Records. -- "Records" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

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Md. Com. L. Code Ann. § 14-3502. Protection against unauthorized access or use

(a) "Customer" defined. -- In this section, "customer" means an individual residing in the State who provides personal information to a business for the purpose of purchasing or leasing a product or obtaining a service from the business.

(b) Destruction of records. -- When a business is destroying a customer's records that contain personal information of the customer, the business shall take reasonable steps to protect against unauthorized access to or use of the personal information, taking into account:

(1) The sensitivity of the records;

(2) The nature and size of the business and its operations;

(3) The costs and benefits of different destruction methods; and

(4) Available technology.

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Md. Com. L. Code Ann. § 14-3502. Protection against unauthorized access or use

(a) "Customer" defined. -- In this section, "customer" means an individual residing in the State who provides personal information to a business for the purpose of purchasing or leasing a product or obtaining a service from the business.

(b) Destruction of records. -- When a business is destroying a customer's records that contain personal information of the customer, the business shall take reasonable steps to protect against unauthorized access to or use of the personal information, taking into account:

(1) The sensitivity of the records;

(2) The nature and size of the business and its operations;

(3) The costs and benefits of different destruction methods; and

(4) Available technology.

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Md. Com. L. Code Ann. §14-3503. Security procedures
(a) In general. -- To protect personal information from unauthorized access, use, modification, or disclosure, a business that owns or licenses personal information of an individual residing in the State shall implement and maintain reasonable security procedures and practices that are appropriate to the nature of the personal information owned or licensed and the nature and size of the business and its operations.

(b) Third party service provider. --

(1) A business that uses a nonaffiliated third party as a service provider to perform services for the business and discloses personal information about an individual residing in the State under a written contract with the third party shall require by contract that the third party implement and maintain reasonable security procedures and practices that:

(i) Are appropriate to the nature of the personal information disclosed to the nonaffiliated third party; and

(ii) Are reasonably designed to help protect the personal information from unauthorized access, use, modification, disclosure, or destruction.

(2) This subsection shall apply to a written contract that is entered into on or after January 1, 2009.

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Md. Com. L. Code Ann. §14-3503. Security procedures
(a) In general. -- To protect personal information from unauthorized access, use, modification, or disclosure, a business that owns or licenses personal information of an individual residing in the State shall implement and maintain reasonable security procedures and practices that are appropriate to the nature of the personal information owned or licensed and the nature and size of the business and its operations.

(b) Third party service provider. --

(1) A business that uses a nonaffiliated third party as a service provider to perform services for the business and discloses personal information about an individual residing in the State under a written contract with the third party shall require by contract that the third party implement and maintain reasonable security procedures and practices that:

(i) Are appropriate to the nature of the personal information disclosed to the nonaffiliated third party; and

(ii) Are reasonably designed to help protect the personal information from unauthorized access, use, modification, disclosure, or destruction.

(2) This subsection shall apply to a written contract that is entered into on or after January 1, 2009.

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Md. Com. L. Code Ann. §14-3504. Security breach

(a) "Breach of the security of a system" defined. -- In this section:

(1) "Breach of the security of a system" means the unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of the personal information maintained by a business; and

(2) "Breach of the security of a system" does not include the good faith acquisition of personal information by an employee or agent of a business for the purposes of the business, provided that the personal information is not used or subject to further unauthorized disclosure.

(b) Business owns or licenses personal data -- Investigation of breach. --

(1) A business that owns or licenses computerized data that includes personal information of an individual residing in the State, when it discovers or is notified of a breach of the security of a system, shall conduct in good faith a reasonable and prompt investigation to determine the likelihood that personal information of the individual has been or will be misused as a result of the breach.

(2) If, after the investigation is concluded, the business determines that misuse of the individual's personal information has occurred or is reasonably likely to occur as a result of a breach of the security of a system, the business shall notify the individual of the breach.

(3) Except as provided in subsection (d) of this section, the notification required under paragraph (2) of this subsection shall be given as soon as reasonably practicable after the business conducts the investigation required under paragraph (1) of this subsection.

(4) If after the investigation required under paragraph (1) of this subsection is concluded, the business determines that notification under paragraph (2) of this subsection is not required, the business shall maintain records that reflect its determination for 3 years after the determination is made.

(c) Business maintains personal data -- Notification of breach. --

(1) A business that maintains computerized data that includes personal information that the business does not own or license shall notify the owner or licensee of the personal information of a breach of the security of a system if it is likely that the breach has resulted or will result in the misuse of personal information of an individual residing in the State.

(2) Except as provided in subsection (d) of this section, the notification required under paragraph (1) of this subsection shall be given as soon as reasonably practicable after the business discovers or is notified of the breach of the security of a system.

(3) A business that is required to notify an owner or licensee of personal information of a breach of the security of a system under paragraph (1) of this subsection shall share with the owner or licensee information relative to the breach.

(d) Delay of notification required under subsections (b) and (c). --

(1) The notification required under subsections (b) and (c) of this section may be delayed:

(i) If a law enforcement agency determines that the notification will impede a criminal investigation or jeopardize homeland or national security; or

(ii) To determine the scope of the breach of the security of a system, identify the individuals affected, or restore the integrity of the system.

(2) If notification is delayed under paragraph (1)(i) of this subsection, notification shall be given as soon as reasonably practicable after the law enforcement agency determines that it will not impede a criminal investigation and will not jeopardize homeland or national security.

(e) Methods of giving notification required under subsections (b) and (c). -- The notification required under subsections (b) and (c) of this section may be given:

(1) By written notice sent to the most recent address of the individual in the records of the business;

(2) By electronic mail to the most recent electronic mail address of the individual in the records of the business, if:

(i) The individual has expressly consented to receive electronic notice; or

(ii) The business conducts its business primarily through Internet account transactions or the Internet;

(3) By telephonic notice, to the most recent telephone number of the individual in the records of the business; or

(4) By substitute notice as provided in subsection (f) of this section, if:

(i) The business demonstrates that the cost of providing notice would exceed $ 100,000 or that the affected class of individuals to be notified exceeds 175,000; or

(ii) The business does not have sufficient contact information to give notice in accordance with item (1), (2), or (3) of this subsection.

(f) Substitute notice. -- Substitute notice under subsection (e)(4) of this section shall consist of:

(1) Electronically mailing the notice to an individual entitled to notification under subsection (b) of this section, if the business has an electronic mail address for the individual to be notified;

(2) Conspicuous posting of the notice on the website of the business, if the business maintains a website; and

(3) Notification to statewide media.

(g) Contents of notification required under subsection (b). -- The notification required under subsection (b) of this section shall include:

(1) To the extent possible, a description of the categories of information that were, or are reasonably believed to have been, acquired by an unauthorized person, including which of the elements of personal information were, or are reasonably believed to have been, acquired;

(2) Contact information for the business making the notification, including the business' address, telephone number, and toll-free telephone number if one is maintained;

(3) The toll-free telephone numbers and addresses for the major consumer reporting agencies; and

(4) (i) The toll-free telephone numbers, addresses, and website addresses for:

1. The Federal Trade Commission; and

2. The Office of the Attorney General; and

(ii) A statement that an individual can obtain information from these sources about steps the individual can take to avoid identity theft.

(h) Notification to Office of the Attorney General. -- Prior to giving the notification required under subsection (b) of this section and subject to subsection (d) of this section, a business shall provide notice of a breach of the security of a system to the Office of the Attorney General.

(i) Waiver. -- A waiver of any provision of this section is contrary to public policy and is void and unenforceable.

(j) Compliance with other requirements of federal law. -- Compliance with this section does not relieve a business from a duty to comply with any other requirements of federal law relating to the protection and privacy of personal information
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Md. Com. L. Code Ann. §14-3504. Security breach

(a) "Breach of the security of a system" defined. -- In this section:

(1) "Breach of the security of a system" means the unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of the personal information maintained by a business; and

(2) "Breach of the security of a system" does not include the good faith acquisition of personal information by an employee or agent of a business for the purposes of the business, provided that the personal information is not used or subject to further unauthorized disclosure.

(b) Business owns or licenses personal data -- Investigation of breach. --

(1) A business that owns or licenses computerized data that includes personal information of an individual residing in the State, when it discovers or is notified of a breach of the security of a system, shall conduct in good faith a reasonable and prompt investigation to determine the likelihood that personal information of the individual has been or will be misused as a result of the breach.

(2) If, after the investigation is concluded, the business determines that misuse of the individual's personal information has occurred or is reasonably likely to occur as a result of a breach of the security of a system, the business shall notify the individual of the breach.

(3) Except as provided in subsection (d) of this section, the notification required under paragraph (2) of this subsection shall be given as soon as reasonably practicable after the business conducts the investigation required under paragraph (1) of this subsection.

(4) If after the investigation required under paragraph (1) of this subsection is concluded, the business determines that notification under paragraph (2) of this subsection is not required, the business shall maintain records that reflect its determination for 3 years after the determination is made.

(c) Business maintains personal data -- Notification of breach. --

(1) A business that maintains computerized data that includes personal information that the business does not own or license shall notify the owner or licensee of the personal information of a breach of the security of a system if it is likely that the breach has resulted or will result in the misuse of personal information of an individual residing in the State.

(2) Except as provided in subsection (d) of this section, the notification required under paragraph (1) of this subsection shall be given as soon as reasonably practicable after the business discovers or is notified of the breach of the security of a system.

(3) A business that is required to notify an owner or licensee of personal information of a breach of the security of a system under paragraph (1) of this subsection shall share with the owner or licensee information relative to the breach.

(d) Delay of notification required under subsections (b) and (c). --

(1) The notification required under subsections (b) and (c) of this section may be delayed:

(i) If a law enforcement agency determines that the notification will impede a criminal investigation or jeopardize homeland or national security; or

(ii) To determine the scope of the breach of the security of a system, identify the individuals affected, or restore the integrity of the system.

(2) If notification is delayed under paragraph (1)(i) of this subsection, notification shall be given as soon as reasonably practicable after the law enforcement agency determines that it will not impede a criminal investigation and will not jeopardize homeland or national security.

(e) Methods of giving notification required under subsections (b) and (c). -- The notification required under subsections (b) and (c) of this section may be given:

(1) By written notice sent to the most recent address of the individual in the records of the business;

(2) By electronic mail to the most recent electronic mail address of the individual in the records of the business, if:

(i) The individual has expressly consented to receive electronic notice; or

(ii) The business conducts its business primarily through Internet account transactions or the Internet;

(3) By telephonic notice, to the most recent telephone number of the individual in the records of the business; or

(4) By substitute notice as provided in subsection (f) of this section, if:

(i) The business demonstrates that the cost of providing notice would exceed $ 100,000 or that the affected class of individuals to be notified exceeds 175,000; or

(ii) The business does not have sufficient contact information to give notice in accordance with item (1), (2), or (3) of this subsection.

(f) Substitute notice. -- Substitute notice under subsection (e)(4) of this section shall consist of:

(1) Electronically mailing the notice to an individual entitled to notification under subsection (b) of this section, if the business has an electronic mail address for the individual to be notified;

(2) Conspicuous posting of the notice on the website of the business, if the business maintains a website; and

(3) Notification to statewide media.

(g) Contents of notification required under subsection (b). -- The notification required under subsection (b) of this section shall include:

(1) To the extent possible, a description of the categories of information that were, or are reasonably believed to have been, acquired by an unauthorized person, including which of the elements of personal information were, or are reasonably believed to have been, acquired;

(2) Contact information for the business making the notification, including the business' address, telephone number, and toll-free telephone number if one is maintained;

(3) The toll-free telephone numbers and addresses for the major consumer reporting agencies; and

(4) (i) The toll-free telephone numbers, addresses, and website addresses for:

1. The Federal Trade Commission; and

2. The Office of the Attorney General; and

(ii) A statement that an individual can obtain information from these sources about steps the individual can take to avoid identity theft.

(h) Notification to Office of the Attorney General. -- Prior to giving the notification required under subsection (b) of this section and subject to subsection (d) of this section, a business shall provide notice of a breach of the security of a system to the Office of the Attorney General.

(i) Waiver. -- A waiver of any provision of this section is contrary to public policy and is void and unenforceable.

(j) Compliance with other requirements of federal law. -- Compliance with this section does not relieve a business from a duty to comply with any other requirements of federal law relating to the protection and privacy of personal information
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Md. Com. L. Code Ann. § 14-3505. Exclusivity and preemption

The provisions of this subtitle are exclusive and shall preempt any provision of local law.

Md. Com. L. Code Ann. § 14-3505. Exclusivity and preemption

The provisions of this subtitle are exclusive and shall preempt any provision of local law.

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Md. Com. L. Code Ann. §14-3506. Notification to credit reporting agencies

(a) Breach involving 1,000 or more individuals. -- If a business is required under § 14-3504 of this subtitle to give notice of a breach of the security of a system to 1,000 or more individuals, the business also shall notify, without unreasonable delay, each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis, as defined by 15 U.S.C. § 1681a(p), of the timing, distribution, and content of the notices.

(b) Inclusion of names not required. -- This section does not require the inclusion of the names or other personal identifying information of recipients of notices of the breach of the security of a system.

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Md. Com. L. Code Ann. §14-3506. Notification to credit reporting agencies

(a) Breach involving 1,000 or more individuals. -- If a business is required under § 14-3504 of this subtitle to give notice of a breach of the security of a system to 1,000 or more individuals, the business also shall notify, without unreasonable delay, each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis, as defined by 15 U.S.C. § 1681a(p), of the timing, distribution, and content of the notices.

(b) Inclusion of names not required. -- This section does not require the inclusion of the names or other personal identifying information of recipients of notices of the breach of the security of a system.

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Md. Com. L. Code Ann. § 14-3508. Violations; penalties

A violation of this subtitle:

(1) Is an unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Is subject to the enforcement and penalty provisions contained in Title 13 of this article.


Md. Com. L. Code Ann. § 14-3508. Violations; penalties

A violation of this subtitle:

(1) Is an unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Is subject to the enforcement and penalty provisions contained in Title 13 of this article.


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Md. Com. L. Code Ann. §14-3601. Definitions.
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Advertisement. -- "Advertisement" has the meaning stated in § 13-101 of this article.

(c) Disclosure statement. -- "Disclosure statement" means the form provided by the Attorney General for the purpose of disclosing to consumers practices relating to the preparation, handling, and sale of any unpackaged food represented to be halal.

(d) Division. -- "Division" means the Division of Consumer Protection of the Office of the Attorney General.

(e) Food; food product. -- (1) "Food" or "food product" means any food, food product, or food preparation, whether:

(i) Raw, solid, or liquid; or

(ii) Prepared for human consumption.

(2) "Food" or "food product" includes:

(i) Any meat, meat product, or meat preparation; and

(ii) Any poultry or poultry product.

(f) Halal. -- "Halal" means prepared or processed in accordance with Islamic religious requirements.

(g) Meat. -- "Meat" includes any meat product or meat preparation.

(h) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(i) Represents to the public. -- (1) "Represents to the public" means any direct or indirect statement, oral or written, and any letter, word, sign, emblem, insignia, or mark which could reasonably lead a consumer to believe that a representation is being made that the final food product sold to the consumer is halal.

(2) "Represents to the public" includes an advertisement.


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Md. Com. L. Code Ann. §14-3601. Definitions.
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Advertisement. -- "Advertisement" has the meaning stated in § 13-101 of this article.

(c) Disclosure statement. -- "Disclosure statement" means the form provided by the Attorney General for the purpose of disclosing to consumers practices relating to the preparation, handling, and sale of any unpackaged food represented to be halal.

(d) Division. -- "Division" means the Division of Consumer Protection of the Office of the Attorney General.

(e) Food; food product. -- (1) "Food" or "food product" means any food, food product, or food preparation, whether:

(i) Raw, solid, or liquid; or

(ii) Prepared for human consumption.

(2) "Food" or "food product" includes:

(i) Any meat, meat product, or meat preparation; and

(ii) Any poultry or poultry product.

(f) Halal. -- "Halal" means prepared or processed in accordance with Islamic religious requirements.

(g) Meat. -- "Meat" includes any meat product or meat preparation.

(h) Person. -- "Person" includes an individual, corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(i) Represents to the public. -- (1) "Represents to the public" means any direct or indirect statement, oral or written, and any letter, word, sign, emblem, insignia, or mark which could reasonably lead a consumer to believe that a representation is being made that the final food product sold to the consumer is halal.

(2) "Represents to the public" includes an advertisement.


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Md. Com. L. Code Ann. §14-3602. Posting of disclosure statement required for sale of halal food products.
(a) In general. -- (1) A person that represents to the public that any unpackaged food that is sold or served is halal shall prominently and conspicuously display on the premises on which the food is sold or served a complete disclosure statement.

(2) The Division shall:

(i) Develop a form for disclosure statements; and

(ii) Make the form available to any person on request.

(3) The disclosure statement shall:

(i) Be understandable and written in simple and readable plain language;

(ii) Disclose to the public the basis for a representation that any unpackaged food sold or served is halal, including a specification of practices relating to the preparation, handling, and sale of the food; and

(iii) Contain any additional information or conform to any additional requirements that the Division considers reasonable and necessary to carry out the provisions of this subtitle.

(4) A person that displays a disclosure statement in accordance with this section shall:

(i) Retain a copy of the disclosure statement, and any amendment to the disclosure statement, for at least 3 years from the date on which the person no longer represents to the public that any unpackaged food that is sold or served on the premises is halal; and

(ii) Provide a copy of the disclosure statement to the Division within 2 business days after the person's receipt of a request from the Division for a copy of the disclosure statement.

(5) A person shall conform its practices with respect to the sale or serving of unpackaged food that is represented to the public as halal to the standard displayed in the disclosure statement.

(b) Requirements for sale of halal and nonhalal foods. -- A person may not sell or offer for sale any food represented to the public as halal, whether for consumption in the person's place of business or elsewhere, if, in the same place of business, the person also offers for sale any food, not represented to the public as halal, unless the person includes on each window sign and display advertisement in block letters at least 4 inches high the words "halal and nonhalal food sold here" or, as to the sale of meat alone, "halal and nonhalal meat sold here".

(c) False representation of halal foods prohibited. -- A person may not sell or offer for sale any food product, whether for consumption in the person's place of business or elsewhere, and falsely represent it to the public as halal.

(d) False labeling of halal foods prohibited. -- A person may not falsely represent, with intent to defraud, any food product or the contents of any package or container to be halal, by having or permitting to be inscribed on the package or container the word "halal" in English.

(e) Requirements for display of halal and nonhalal foods. -- A person may not display for sale, with intent to defraud, any food represented to the public as halal, whether for consumption in the person's place of business or elsewhere, if, in the same show window or other location on or in the place of business, the person also displays any food not represented to the public as halal, unless the person displays over the halal and nonhalal food signs that read, in block letters at least 4 inches high, "halal food" and "nonhalal food", respectively, or, as to the display of meat alone, "halal meat" and "nonhalal meat", respectively.

(f) Signs related to halal foods to be in both Arabic and English. -- (1) In this subsection, "Arabic character" means:

(i) Any Arabic word or letter; or

(ii) Any symbol, emblem, sign, insignia, or other mark that simulates an Arabic word or letter.

(2) In connection with any place of business that sells or offers for sale any food, a person may not display, whether in a window, door, or other location on or in the place of business, in any handbill or other printed matter distributed in or outside of the place of business, or otherwise in any advertisement, any Arabic characters, or any other representation to the public that the place of business sells or offers for sale halal food or meat, unless the person also displays in conjunction with the Arabic characters or other representation, in English, letters of at least the same size as the Arabic characters, the words "we sell halal meat and food only", "we sell nonhalal meat and food only", or "we sell both halal and nonhalal meat and food", as appropriate.

(g) Possession of nonhalal food in business advertising sale of halal food only as presumption of intent to defraud. -- Possession of nonhalal food in any place of business advertising the sale of halal food only is presumptive evidence that the person in possession offers the nonhalal food for sale with intent to defraud.


Md. Com. L. Code Ann. §14-3602. Posting of disclosure statement required for sale of halal food products.
(a) In general. -- (1) A person that represents to the public that any unpackaged food that is sold or served is halal shall prominently and conspicuously display on the premises on which the food is sold or served a complete disclosure statement.

(2) The Division shall:

(i) Develop a form for disclosure statements; and

(ii) Make the form available to any person on request.

(3) The disclosure statement shall:

(i) Be understandable and written in simple and readable plain language;

(ii) Disclose to the public the basis for a representation that any unpackaged food sold or served is halal, including a specification of practices relating to the preparation, handling, and sale of the food; and

(iii) Contain any additional information or conform to any additional requirements that the Division considers reasonable and necessary to carry out the provisions of this subtitle.

(4) A person that displays a disclosure statement in accordance with this section shall:

(i) Retain a copy of the disclosure statement, and any amendment to the disclosure statement, for at least 3 years from the date on which the person no longer represents to the public that any unpackaged food that is sold or served on the premises is halal; and

(ii) Provide a copy of the disclosure statement to the Division within 2 business days after the person's receipt of a request from the Division for a copy of the disclosure statement.

(5) A person shall conform its practices with respect to the sale or serving of unpackaged food that is represented to the public as halal to the standard displayed in the disclosure statement.

(b) Requirements for sale of halal and nonhalal foods. -- A person may not sell or offer for sale any food represented to the public as halal, whether for consumption in the person's place of business or elsewhere, if, in the same place of business, the person also offers for sale any food, not represented to the public as halal, unless the person includes on each window sign and display advertisement in block letters at least 4 inches high the words "halal and nonhalal food sold here" or, as to the sale of meat alone, "halal and nonhalal meat sold here".

(c) False representation of halal foods prohibited. -- A person may not sell or offer for sale any food product, whether for consumption in the person's place of business or elsewhere, and falsely represent it to the public as halal.

(d) False labeling of halal foods prohibited. -- A person may not falsely represent, with intent to defraud, any food product or the contents of any package or container to be halal, by having or permitting to be inscribed on the package or container the word "halal" in English.

(e) Requirements for display of halal and nonhalal foods. -- A person may not display for sale, with intent to defraud, any food represented to the public as halal, whether for consumption in the person's place of business or elsewhere, if, in the same show window or other location on or in the place of business, the person also displays any food not represented to the public as halal, unless the person displays over the halal and nonhalal food signs that read, in block letters at least 4 inches high, "halal food" and "nonhalal food", respectively, or, as to the display of meat alone, "halal meat" and "nonhalal meat", respectively.

(f) Signs related to halal foods to be in both Arabic and English. -- (1) In this subsection, "Arabic character" means:

(i) Any Arabic word or letter; or

(ii) Any symbol, emblem, sign, insignia, or other mark that simulates an Arabic word or letter.

(2) In connection with any place of business that sells or offers for sale any food, a person may not display, whether in a window, door, or other location on or in the place of business, in any handbill or other printed matter distributed in or outside of the place of business, or otherwise in any advertisement, any Arabic characters, or any other representation to the public that the place of business sells or offers for sale halal food or meat, unless the person also displays in conjunction with the Arabic characters or other representation, in English, letters of at least the same size as the Arabic characters, the words "we sell halal meat and food only", "we sell nonhalal meat and food only", or "we sell both halal and nonhalal meat and food", as appropriate.

(g) Possession of nonhalal food in business advertising sale of halal food only as presumption of intent to defraud. -- Possession of nonhalal food in any place of business advertising the sale of halal food only is presumptive evidence that the person in possession offers the nonhalal food for sale with intent to defraud.


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Md. Com. L. Code Ann. §14-3603. Prohibited acts.
A person may not:

(1) Willfully mark, stamp, tag, brand, label, or in any other way or by any other means of identification represent, or cause to be marked, stamped, tagged, branded, labeled, or represented, as halal a food product that is not halal;

(2) Willfully remove, deface, obliterate, cover, alter, or destroy, or cause to be removed, defaced, obliterated, covered, altered, or destroyed, the original slaughterhouse plumba or any other mark, stamp, tag, brand, label, or any other means of identification affixed to food products to indicate that those food products are halal; or

(3) Knowingly sell, dispose of, or have in the person's possession, for the purpose of resale to another person as halal:

(i) Any food product not having affixed to the food product the original slaughterhouse plumba or any other mark, stamp, tag, brand, label, or other means of identification employed to indicate that the food product is halal; or

(ii) Any food product to which the slaughterhouse plumba, mark, stamp, tag, brand, label, or other means of identification has been fraudulently affixed.

Md. Com. L. Code Ann. §14-3603. Prohibited acts.
A person may not:

(1) Willfully mark, stamp, tag, brand, label, or in any other way or by any other means of identification represent, or cause to be marked, stamped, tagged, branded, labeled, or represented, as halal a food product that is not halal;

(2) Willfully remove, deface, obliterate, cover, alter, or destroy, or cause to be removed, defaced, obliterated, covered, altered, or destroyed, the original slaughterhouse plumba or any other mark, stamp, tag, brand, label, or any other means of identification affixed to food products to indicate that those food products are halal; or

(3) Knowingly sell, dispose of, or have in the person's possession, for the purpose of resale to another person as halal:

(i) Any food product not having affixed to the food product the original slaughterhouse plumba or any other mark, stamp, tag, brand, label, or other means of identification employed to indicate that the food product is halal; or

(ii) Any food product to which the slaughterhouse plumba, mark, stamp, tag, brand, label, or other means of identification has been fraudulently affixed.

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Md. Com. L. Code Ann. §14-3604. Violations; penalties.

A violation of this subtitle is:

(1) An unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Subject to the enforcement and penalty provisions contained in Title 13 of this article.
Md. Com. L. Code Ann. §14-3604. Violations; penalties.

A violation of this subtitle is:

(1) An unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Subject to the enforcement and penalty provisions contained in Title 13 of this article.

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Md. Com. L. Code Ann. §14-3701. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Child. -- "Child" means an individual under the age of 18 years.

(c) Computer network. -- "Computer network" means the computer network commonly known as the Internet and any other local, regional, or global computer network that is similar to or is a predecessor of or successor to the Internet.

(d) Internet. -- "Internet" means the international computer network of both federal and nonfederal interoperable packet-switched data networks.

(e) Internet access provider. --

(1) "Internet access provider" means a provider that offers directly to residential customers an interactive computer service to obtain access to the Internet in exchange for consideration, such as through a paid subscription or through an agreement to view specific advertising or other content.

(2) "Internet access provider" does not include a library or educational institution that operates or offers an interactive computer service to obtain access to the Internet.

(f) Interactive computer service. --

(1) "Interactive computer service" means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer service.

(2) "Interactive computer service" includes a service or system that provides access to the Internet and systems operated or services offered by a library or educational institution.

(g) Parental control. -- "Parental control" means a product or service to control the access of a child to the Internet.

Md. Com. L. Code Ann. §14-3701. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Child. -- "Child" means an individual under the age of 18 years.

(c) Computer network. -- "Computer network" means the computer network commonly known as the Internet and any other local, regional, or global computer network that is similar to or is a predecessor of or successor to the Internet.

(d) Internet. -- "Internet" means the international computer network of both federal and nonfederal interoperable packet-switched data networks.

(e) Internet access provider. --

(1) "Internet access provider" means a provider that offers directly to residential customers an interactive computer service to obtain access to the Internet in exchange for consideration, such as through a paid subscription or through an agreement to view specific advertising or other content.

(2) "Internet access provider" does not include a library or educational institution that operates or offers an interactive computer service to obtain access to the Internet.

(f) Interactive computer service. --

(1) "Interactive computer service" means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer service.

(2) "Interactive computer service" includes a service or system that provides access to the Internet and systems operated or services offered by a library or educational institution.

(g) Parental control. -- "Parental control" means a product or service to control the access of a child to the Internet.

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Md. Com. L. Code Ann. §14-3702. Legislative intent

It is the intent of the General Assembly that this subtitle promote the dissemination of qualifying parental controls for the protection of children in the State subject to appropriate and beneficial oversight by their parents and families.

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Md. Com. L. Code Ann. §14-3702. Legislative intent

It is the intent of the General Assembly that this subtitle promote the dissemination of qualifying parental controls for the protection of children in the State subject to appropriate and beneficial oversight by their parents and families.

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Md. Com. L. Code Ann. §14-3703. Applicability
This subtitle applies to an Internet access provider that knows or has reason to know that a subscriber currently resides in the State.

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Md. Com. L. Code Ann. §14-3703. Applicability
This subtitle applies to an Internet access provider that knows or has reason to know that a subscriber currently resides in the State.

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Md. Com. L. Code Ann. §14-3704. Parental control

(a) Requirements. --

(1) Subject to paragraph (2) of this subsection, an Internet access provider shall make a parental control that satisfies the requirements of this section available to each subscriber in the State.

(2) The Internet access provider may not be required to provide a parental control that is not reasonably and commercially available for the technology that the subscriber uses to obtain access to the Internet.

(b) Functions. -- A parental control shall allow the subscriber, in a commercially reasonable manner, to:

(1) Block all access to the Internet; and

(2) (i) Block a child's access to websites by specifying prohibited websites or by selecting a category of sites to block;

(ii) Restrict a child's access exclusively to websites that the subscriber approves or a category of websites that the subscriber approves;

(iii) Restrict a child's access to websites that the parental control provider designates; or

(iv) Monitor a child's use of the Internet by providing a report to the subscriber indicating:

1. Each specific website that the child has attempted to visit but was unable to view because the subscriber blocked or restricted access to the website; or

2. Each specific website that the child has visited
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Md. Com. L. Code Ann. §14-3704. Parental control

(a) Requirements. --

(1) Subject to paragraph (2) of this subsection, an Internet access provider shall make a parental control that satisfies the requirements of this section available to each subscriber in the State.

(2) The Internet access provider may not be required to provide a parental control that is not reasonably and commercially available for the technology that the subscriber uses to obtain access to the Internet.

(b) Functions. -- A parental control shall allow the subscriber, in a commercially reasonable manner, to:

(1) Block all access to the Internet; and

(2) (i) Block a child's access to websites by specifying prohibited websites or by selecting a category of sites to block;

(ii) Restrict a child's access exclusively to websites that the subscriber approves or a category of websites that the subscriber approves;

(iii) Restrict a child's access to websites that the parental control provider designates; or

(iv) Monitor a child's use of the Internet by providing a report to the subscriber indicating:

1. Each specific website that the child has attempted to visit but was unable to view because the subscriber blocked or restricted access to the website; or

2. Each specific website that the child has visited
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(a) Time of subscription. -- The Internet access provider shall make available to the subscriber, at or near the time of subscription, a parental control that satisfies the requirements of § 14-3704 of this subtitle.

(b) Directly or through third party. -- The Internet access provider may make the parental control available to the subscriber either directly or through a link to a third party.

(c) Charge. -- The Internet access provider or third party may charge for the parental control.


Md. Com. L. Code Ann. §14-3705. Availability and charge

(a) Time of subscription. -- The Internet access provider shall make available to the subscriber, at or near the time of subscription, a parental control that satisfies the requirements of § 14-3704 of this subtitle.

(b) Directly or through third party. -- The Internet access provider may make the parental control available to the subscriber either directly or through a link to a third party.

(c) Charge. -- The Internet access provider or third party may charge for the parental control.


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Md. Com. L. Code Ann. §14-3706. Short title
This subtitle may be cited as the Online Child Safety Act.



Md. Com. L. Code Ann. §14-3706. Short title
This subtitle may be cited as the Online Child Safety Act.


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Md. Com. L. Code Ann. §14-3801. Definitions.


(a) In general. -- In this subtitle the following words have the meanings indicated.

(b) Consumer. -- "Consumer" means an individual who, individually or in conjunction with another individual, is solicited for, applies for, or receives a refund anticipation loan or refund anticipation check.

(c) Creditor. -- "Creditor" means a person who makes a refund anticipation loan or who takes an assignment of a refund anticipation loan.

(d) Facilitator. --

(1) "Facilitator" means a person who, individually or in conjunction or cooperation with another person:

(i) Processes, receives, or accepts an application or agreement for a refund anticipation loan or refund anticipation check;

(ii) Services or collects on a refund anticipation loan or refund anticipation check; or

(iii) Facilitates the making of a refund anticipation loan or refund anticipation check.

(2) "Facilitator" does not include:

(i) A bank, savings and loan association, or credit union;

(ii) An affiliate or subsidiary of a bank, savings and loan association, or credit union that, in connection with refund anticipation loans or refund anticipation checks, acts solely as a servicer for the financial institution with which it is affiliated or of which it is a subsidiary; or

(iii) A person who acts solely as an intermediary and does not deal with the public in the making of a refund anticipation loan or refund anticipation check.

(e) Refund anticipation check. -- "Refund anticipation check" means a check, stored value card, or other payment mechanism:

(1) That represents the proceeds of a consumer's tax refund;

(2) That was issued by a depository institution or other person that received a direct deposit of the consumer's tax refund; and

(3) For which the consumer has paid a fee or other consideration.

(f) Refund anticipation loan. -- "Refund anticipation loan" means a loan arranged to be paid directly or indirectly from the proceeds of a consumer's tax refund.

(2) "Refund anticipation loan" includes a sale, assignment, or purchase of a consumer's tax refund at a discount or for a fee, whether or not the consumer is required to repay the buyer or assignee if the Internal Revenue Service denies or reduces the consumer's tax refund.

(g) Refund anticipation loan fee. -- "Refund anticipation loan fee" means any charge, fee, or other consideration charged or imposed directly or indirectly for the making of or in connection with a refund anticipation loan.

(2) "Refund anticipation loan fee" includes a charge, fee, or other consideration for a deposit account that is used for receipt of a consumer's tax refund to repay the amount owed on a refund anticipation loan.

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Md. Com. L. Code Ann. §14-3802. Actions prohibited without compliance with subtitle.


Unless the facilitator has complied with this subtitle, a facilitator, or an officer, agent, employee, or representative of a facilitator, individually or in conjunction or cooperation with another person, may not:

(1) Solicit the execution of, process, receive, or accept an application or agreement for a refund anticipation loan or refund anticipation check; or

(2) Facilitate the making of a refund anticipation loan or refund anticipation check.



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Md. Com. L. Code Ann. § 14-3803. Fee schedules.
(a) Display of fee schedule. -- A facilitator shall display, in a prominent place at each business location of the facilitator, a schedule of the fees charged for facilitating refund anticipation loans and refund anticipation checks.

(b) Contents. -- A facilitator shall include on each fee schedule the following:

(1) Examples of the annual percentage rate charged for refund anticipation loans in the amounts of:

(i) $ 250;

(ii) $ 500;

(iii) $ 1,000; and

(iv) $ 2,500;

(2) A legend, centered and in bold capital letters in at least 14 point type, stating:

"NOTICE CONCERNING REFUND ANTICIPATION LOANS"; and

(3) The following statement:

"When you take out a refund anticipation loan, you are borrowing money against your tax refund. If your tax refund is less than expected, you will still owe the entire amount of the refund anticipation loan. If your tax refund is delayed, you may have to pay additional costs. You usually can get your tax refund in 8 to 15 days without paying any extra fees for a refund anticipation loan. You can have your tax return filed electronically and your refund direct deposited into your own bank account without obtaining a refund anticipation loan or paying fees for an extra product.".

(c) Print requirements. -- The fee schedule and disclosures required under subsections (a) and (b) of this section shall be printed in at least 14 point type on a sign not less than 16 by 20 inches.

(d) Requirements for fees. -- A facilitator may not charge any fee to a consumer for facilitating a refund anticipation loan or refund anticipation check that is not disclosed on or is different from the fee shown on the schedule required under this section.



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Md. Com. L. Code Ann. §14-3804. Written disclosures and loan procedures.

(a) Disclosures at time of application for refund anticipation loan. -- At the time a consumer applies through a facilitator for a refund anticipation loan, the facilitator shall disclose to the consumer, on a form that is separate from the application, in 14 point type, the following:

(1) The fee for the refund anticipation loan, including any fee for tax preparation or other fees charged to the consumer;

(2) The annual percentage rate payable on the refund anticipation loan;

(3) The time within which the proceeds of the refund anticipation loan will be paid to the consumer if the refund anticipation loan is approved;

(4) A legend, centered and in bold capital letters in 18 point type, stating:

"NOTICE"; and

(5) The statement:

"This is a loan. You are borrowing money against your tax refund. If your tax refund is less than expected, you will still owe the entire amount of the loan. If your tax refund is delayed, you may have to pay additional costs. You usually can get your tax refund in 8 to 15 days without getting a loan or paying extra fees. You can have your tax return filed electronically and your tax refund direct deposited into your bank account without obtaining a loan or other paid product.".

(b) Annual percentage rate. -- The annual percentage rate for a refund anticipation loan shall be calculated using the guidelines established under the federal Truth in Lending Act.

(c) Disclosures at time of application for refund anticipation check. -- At the time a consumer applies through a facilitator for a refund anticipation check, the facilitator shall disclose to the consumer, on a form that is separate from the application, in 14 point type, the following:

(1) The fee for the refund anticipation check, including any fee for tax preparation or other fees charged to the consumer;

(2) The time within which the proceeds of the refund anticipation check will be paid to the consumer;

(3) A legend, centered and in bold capital letters in 18 point type, stating:

"NOTICE"; and

(4) The statement:

"You are paying (amount of refund anticipation check fee) to get your tax refund check through (name of issuer of the refund anticipation check). You can avoid this fee and still receive your tax refund in the same amount of time by having your tax refund direct deposited into your bank account. You also can wait for the Internal Revenue Service to mail you a tax refund check.".

(d) Requirements prior to completion of transaction. -- Before completing a refund anticipation loan or refund anticipation check transaction, a facilitator shall provide to a consumer, in a form that can be retained by the consumer, the following:

(1) The disclosures required by this section;

(2) A copy of the completed refund anticipation loan or refund anticipation check application and agreement; and

(3) For a refund anticipation loan, the disclosures required by the federal Truth in Lending Act.

(e) Language requirements. -- The disclosures required by this section shall be provided in English and in the language primarily used for oral communication between the facilitator and the consumer.



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Md. Com. L. Code Ann. §14-3805. Oral disclosures.


(a) Refund anticipation loan. -- At the time a consumer applies through a facilitator for a refund anticipation loan, the facilitator orally shall inform the consumer:

(1) That the product is a loan that lasts 1 to 2 weeks;

(2) That if the consumer's tax refund is less than expected, the consumer is liable for the full amount of the refund anticipation loan and must repay any difference;

(3) The amount of the refund anticipation loan fee; and

(4) The annual percentage rate payable on the refund anticipation loan.

(b) Refund anticipation check. -- At the time a consumer applies through a facilitator for a refund anticipation check, the facilitator orally shall inform the consumer:

(1) Of the amount of the refund anticipation check; and

(2) That the consumer may receive a tax refund in the same amount of time without paying a fee if the consumer's tax return is filed electronically and the consumer direct deposits the tax refund into the consumer's own bank account.

(c) Language requirements. -- The disclosures required by this section shall be provided in the language primarily used for oral communication between the facilitator and the consumer.



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Md. Com. L. Code Ann. §14-3806. Prohibited acts by facilitator.


(a) In general. -- A facilitator may not:

(1) Require a consumer to enter into a loan agreement in order to complete a tax return;

(2) Charge any fee to a consumer or require any other consideration for making or facilitating a refund anticipation loan or refund anticipation check other than the fee imposed by the creditor or other person that provides the refund anticipation loan or refund anticipation check;

(3) Engage in a transaction, practice, or course of business that operates a fraud on a consumer in connection with a refund anticipation loan or refund anticipation check, including making oral statements that contradict any of the information required to be disclosed under this subtitle;

(4) Arrange, directly or indirectly, for any third party to charge any interest or fee related to a refund anticipation loan or refund anticipation check, other than the refund anticipation loan or refund anticipation check fee imposed by the creditor, including charges for insurance, attorney's fees, collection costs, or check cashing;

(5) Misrepresent a material fact or condition of a refund anticipation loan or refund anticipation check; or

(6) Fail to process an application for a refund anticipation loan promptly after the consumer applies for the refund anticipation loan.

(b) Certain charges or fees allowed. -- Subsection (a)(2) of this section does not prohibit a charge or fee, including a fee for tax return preparation, that is imposed by a facilitator on all of its customers if the same charge or fee, in the same amount, is imposed on customers who do not receive refund anticipation loans, refund anticipation checks, or other tax-related financial products.




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Md. Com. L. Code Ann. §14-3807. Violations; penalties; liabilities.

(a) Violation; penalties. -- A violation of this subtitle is:

(1) An unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Subject to the enforcement and penalty provisions contained in Title 13 of this article.

(b) Liabilities. -- In addition to the remedies provided under Title 13 of this article, a facilitator who willfully fails to comply with any provision of this subtitle is liable to the consumer for:

(1) Actual and consequential damages;

(2) Statutory damages in the amount of $ 1,000; and

(3) Reasonable attorney's fees and costs.