Md. Code, Commercial Law § 13-4A-01
There is a Health Education and Advocacy Unit in the Division.
Md. Code, Commercial Law, Title 13
Md. Code, Commercial Law, Title 13
in effectMd. Code, Commercial Law § 13-4A-02
(a) 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) (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 Maryland Department of Health to assist with resolving any billing or coverage questions as necessary.
(c) 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) 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. Code, Commercial Law § 13-4A-03
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. Code, Commercial Law § 13-4A-04
The Unit shall prepare each annual and quarterly report required under Title 15, Subtitle 10A of the Insurance Article.
Md. Code, Commercial Law § 13-4B-01
(a) In this section, “assisted living program” has the meaning stated in § 19–1801 of the Health – General Article.
(b) On or before June 1 each year, each assisted living program that was appointed as a representative payee for residents of the assisted living program facility at any point during the reporting period shall report to the Division on the use of:
(1) Social Security benefits by residents of the assisted living program facility during the immediately preceding year; and
(2) Other federal, State, or local government funds by residents of the assisted living program facility during the immediately preceding year that are allocated for the purpose of assisting individuals who are aged, disabled, or blind.
(c) The Office of Health Care Quality shall notify the Division and, beginning October 1, 2024, the State Board of Long–Term Care Administrators of the appointment of an assisted living program as a resident’s representative payee within a reasonable time after being made aware of the appointment.
Md. Code, Commercial Law § 13-101
(a) In this title the following words have the meanings indicated.
(b) (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) (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;
(iii) An individual who sells or offers for sale to a merchant consumer goods or consumer realty that the individual acquired primarily for personal, household, family, or agricultural purposes; or
(iv) A fraternal, religious, civic, patriotic, educational, or charitable organization that purchases, rents, or leases goods or services for the benefit of the members of the organization.
(d) (1) “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.
(2) “Consumer goods” and “consumer services” include, respectively, goods and services which are purchased, rented, or leased by a fraternal, religious, civic, patriotic, educational, or charitable organization for the benefit of the members of the organization.
(e) “Division” means the Division of Consumer Protection of the Office of the Attorney General.
(f) “Merchandise” means any commodity, object, wares, or goods.
(g) (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.
(2) “Merchant” includes a person:
(i) Who directly or indirectly purchases or offers to purchase any consumer goods or consumer realty from a consumer; and
(ii) Whose business includes paying off consumer debt in connection with the purchase of any consumer goods or consumer realty from a consumer.
(h) “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” 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” 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, abusive, or deceptive trade practice” has the meaning stated in Subtitle 3 of this title.
Md. Code, Commercial Law § 13-101.1
§13–101.1.
The 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. Code, Commercial Law § 13-102
(a) (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) (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.
Md. Code, Commercial Law § 13-103
(a) This title is intended to provide minimum standards for the protection of consumers in the State.
(b) 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) The provisions of this title shall be enforced by each agency of the State within the scope of its authority.
Md. Code, Commercial Law § 13-104
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. Code, Commercial Law § 13-105
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. Code, Commercial Law § 13-201
(a) There is a Division of Consumer Protection in the Office of the Attorney General.
(b) The Division shall administer this subtitle.
Md. Code, Commercial Law § 13-202
(a) (1) There is a Consumer Protection Commission in the Division.
(2) The Commission 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) (1) The Commission 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) (i) 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.
(ii) A member serves until his successor is appointed and qualified.
(iii) An appointment to a vacancy in an unexpired term is limited to the remainder of that term.
(4) The members shall serve without compensation, but shall be reimbursed for all expenses reasonably incurred.
(5) The Commission shall elect annually a chair from among its members and appoint a secretary.
Md. Code, Commercial Law § 13-203
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. Code, Commercial Law § 13-204
(a) 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 Maryland Department of Labor, 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;
(14) Maintain a list of nonprofit organizations that:
(i) Solely offer counseling or advice to homeowners in foreclosure or loan default; and
(ii) 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;
(15) (i) Bring a civil action for damages or an action under this title against a person who violates § 8–801 of the Criminal Law Article on behalf of a victim of the offense or, if the victim is deceased, the victim’s estate;
(ii) Recover damages under this item for property loss or damage; and
(iii) If the Division prevails in an action brought under this item, recover the costs of the action for the use of the Office of the Attorney General; and
(16) (i) Bring a civil action for damages or an action under this title on behalf of a susceptible adult or older adult who is authorized to bring a cause of action under § 13–603 of the Estates and Trusts Article; and
(ii) If the Division prevails in an action brought under this item, recover the costs of the action for the use of the Office of the Attorney General.
(b) A conviction for an offense under § 8–801 of the Criminal Law Article is not a prerequisite for maintenance of an action under subsection (a)(15) of this section.
Md. Code, Commercial Law § 13-205
(a) (1) After obtaining the advice of the Consumer Protection Commission 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) 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) 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) (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 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. Code, Commercial Law § 13-206
(a) 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) A legal assistance organization may not sell or offer its services for sale in Maryland except in accordance with this section.
(c) A legal assistance organization annually shall file a report with the Division of its activities and its financial condition.
(d) 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. Code, Commercial Law § 13-301
§13–301. IN EFFECT
Unfair, abusive, 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, § 14–1320, or § 14–1322 of this article;
(xxiv) Section 7–304 or § 8–801 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;
(xxvii) Section 7–405(e)(2)(ii) of the Health Occupations Article;
(xxviii) Title 12, Subtitle 10 of the Financial Institutions Article;
(xxix) Title 19, Subtitle 7 of the Business Regulation Article;
(xxx) Section 15–311.3 of the Transportation Article;
(xxxi) Section 14–1324 of this article;
(xxxii) Section 14–1326 of this article;
(xxxiii) The federal Military Lending Act;
(xxxiv) The federal Servicemembers Civil Relief Act;
(xxxv) Section 11–210 of the Education Article;
(xxxvi) Title 14, Subtitle 44 of this article;
(xxxvii) Section 14–905 of the Real Property Article;
(xxxviii) Section 14–1327 of this article;
(xxxix) Title 14, Subtitle 13 of the Public Safety Article;
(xl) Section 12–6C–09.1 of the Health Occupations Article;
(xli) Title 14, Subtitle 45 of this article;
(xlii) Title 14, Subtitle 46 of this article;
(xliii) Title 14, Subtitle 47 of this article;
(xliv) Title 14, Subtitle 48 of this article;
(xlv) Title 14, Subtitle 49 of this article;
(xlvi) Section 14–2904 of this article;
(xlvii) Title 14, Subtitle 50 of this article; or
(xlviii) Section 13–411.1(c)(2) of the Transportation 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 Utilities Article.
§13–301. ** TAKES EFFECT JUNE 1, 2026 PER CHAPTERS 204 AND 205 OF 2025 **
Unfair, abusive, 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, § 14–1320, or § 14–1322 of this article;
(xxiv) Section 7–304 or § 8–801 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;
(xxvii) Section 7–405(e)(2)(ii) of the Health Occupations Article;
(xxviii) Title 12, Subtitle 10 of the Financial Institutions Article;
(xxix) Title 19, Subtitle 7 of the Business Regulation Article;
(xxx) Section 15–311.3 of the Transportation Article;
(xxxi) Section 14–1324 of this article;
(xxxii) Section 14–1326 of this article;
(xxxiii) The federal Military Lending Act;
(xxxiv) The federal Servicemembers Civil Relief Act;
(xxxv) Section 11–210 of the Education Article;
(xxxvi) Title 14, Subtitle 44 of this article;
(xxxvii) Section 14–905 of the Real Property Article;
(xxxviii) Section 14–1327 of this article;
(xxxix) Title 14, Subtitle 13 of the Public Safety Article;
(xl) Section 12–6C–09.1 of the Health Occupations Article;
(xli) Title 14, Subtitle 45 of this article;
(xlii) Title 14, Subtitle 46 of this article;
(xliii) Title 14, Subtitle 47 of this article;
(xliv) Title 14, Subtitle 48 of this article;
(xlv) Title 14, Subtitle 49 of this article;
(xlvi) Section 14–2904 of this article;
(xlvii) Title 14, Subtitle 50 of this article;
(xlviii) Section 13–411.1(c)(2) of the Transportation Article; or
(xlix) Section 14–1329 of this 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 Utilities Article.
Md. Code, Commercial Law § 13-302
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. Code, Commercial Law § 13-303
A person may not engage in any unfair, abusive, 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 offer for sale of course credit or other educational services;
(4) The extension of consumer credit;
(5) The collection of consumer debts; or
(6) The purchase or offer for purchase of consumer goods or consumer realty from a consumer by a merchant whose business includes paying off consumer debt in connection with the purchase of any consumer goods or consumer realty from a consumer.
Md. Code, Commercial Law § 13-304
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. Code, Commercial Law § 13-305
(a) 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;
(4) Games of skill competition not involving sales promotion efforts; or
(5) A savings promotion raffle conducted by a depository institution under § 1–211 of the Financial Institutions Article.
(b) 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) 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) 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) 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) 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) 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) 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) The disclosures shall appear on the first page of the prize notification document.
Md. Code, Commercial Law § 13-306
(a) 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) 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. Code, Commercial Law § 13-307
(a) (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) 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) 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. Code, Commercial Law § 13-308
(a) 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) (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) 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. Code, Commercial Law § 13-309
(a) 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) 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. Code, Commercial Law § 13-310
(a) This section does not apply to nonprofit organizations.
(b) 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. Code, Commercial Law § 13-310.1
§13–310.1.
(a) (1) In this section the following words have the meanings indicated.
(2) (i) “Resale” means the second or subsequent sale of a ticket.
(ii) “Resale” includes a sale by any means, including in person, by telephone, by mail, by e–mail, by facsimile, or through a website or other electronic means.
(3) “Reseller” means a person engaged in the resale of tickets.
(4) “Secondary ticket exchange” means an electronic marketplace that enables a person to sell, purchase, and resell tickets.
(5) (i) “Speculative ticket” means a ticket that is not in the actual or constructive possession of a reseller at the time of sale, advertisement, or listing.
(ii) “Speculative ticket” includes a ticket sold by a reseller that, at the time of resale:
1. Is not in the physical possession of the reseller;
2. Is not owned by the reseller; or
3. Is not under contract to be transferred to the reseller.
(6) “Ticket” means physical, electronic, or other evidence, that grants the possessor of the evidence license to enter a place of entertainment for one or more events at a specified date and time.
(7) (i) “Ticket issuer” means a person that, directly or indirectly, issues initial tickets for an entertainment event.
(ii) “Ticket issuer” includes:
1. A musician or musical group;
2. An operator of a venue;
3. A sponsor or a promoter of an entertainment event;
4. A sports team participating in an entertainment event;
5. A sports league whose teams are participating in an entertainment event;
6. A theater company;
7. A marketplace operated for consumers to make an initial purchase of tickets; or
8. An agent of any of the persons listed in items 1 through 7 of this subparagraph.
(b) (1) This subsection applies only to secondary ticket exchanges, ticket issuers, and resellers.
(2) The listing for a ticket and each step of a transaction to purchase a ticket shall:
(i) Clearly and conspicuously disclose the total price of the ticket, including all fees and taxes other than shipping costs that are not determinable at a step in the transaction;
(ii) Provide an itemized listing of all charges that comprise the total price of the ticket, including all fees and taxes; and
(iii) Identify the seat number and zone or section of the ticket, to the extent applicable to the seat and venue.
(3) (i) The total price of a ticket under paragraph (2)(i) of this subsection may be increased in a noninitial step of a transaction by the amount of reasonable shipping costs for physically delivered tickets.
(ii) The shipping costs allowed under subparagraph (i) of this paragraph may vary with the purchaser’s location relative to the shipment’s location of origin and the delivery method selected by the purchaser.
(iii) The total price of the ticket, including all fees, taxes, and shipping costs, shall be clearly and conspicuously disclosed prior to final purchase of the ticket.
(c) A reseller may not sell or offer to sell speculative tickets.
(d) A secondary ticket exchange may not provide a marketplace for the sale or resale of a ticket that violates this section.
(e) A ticket issuer, secondary ticket exchange, or reseller who directly engages in a sales transaction with a purchaser for the purchase of a ticket shall provide the purchaser with a full refund of the total amount paid, including the price of the ticket and any fees and taxes, if:
(1) The ticket purchased is counterfeit;
(2) The event for which the ticket is purchased is canceled; or
(3) The ticket fails to conform to the description as advertised or represented to the purchaser by the seller.
Md. Code, Commercial Law § 13-311
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. Code, Commercial Law § 13-312
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. Code, Commercial Law § 13-313
(a) 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) 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) 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) (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) 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. Code, Commercial Law § 13-314
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. Code, Commercial Law § 13-315
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. Code, Commercial Law § 13-316
(a) (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 money under an original mortgage.
(b) 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) (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) (1) 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.
(2) A servicer shall make timely payment of the water and sewer facilities assessments due under a lien on the residential real property for public water and wastewater facilities provided that:
(i) The mortgagor has paid an amount sufficient to pay the assessment due; and
(ii) The servicer is in possession of the assessment bill.
(e) (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) 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. Code, Commercial Law § 13-317
(a) 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) 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) 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. Code, Commercial Law § 13-318
(a) (1) In this section the following words have the meanings indicated.
(2) “Draft” does not include a credit or debit card sales draft.
(3) “Drawer” means the individual who makes or signs a check or other draft.
(b) 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) 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. Code, Commercial Law § 13-319
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. Code, Commercial Law § 13-320
(a) A private career school or for–profit institution of higher education, as defined under § 10–101 of the Education Article, or a for–profit institution of higher education that is required to register with the Maryland Higher Education Commission under § 11–202.2 of the Education Article, may not enroll a student in a program that is intended to lead to employment in a field that requires licensure or certification in the State if:
(1) Successful completion of the educational course offerings in the program at the private career school or for–profit institution of higher education will not meet the State educational requirements for licensure or certification;
(2) The State entity that licenses or certifies individuals in the field requires as a condition of licensure or certification that the private career school or for–profit institution of higher education attended by the individual satisfies a statutory or regulatory requirement, and the school does not satisfy the requirement; or
(3) The private career school or for–profit institution of higher education is aware or reasonably should have been aware of any other factors that may lead to the ineligibility of the student to pursue or obtain licensure or certification in the State.
(b) (1) Before a prospective student signs an enrollment agreement, completes registration, or makes a financial commitment to a private career school, for–profit institution of higher education, or for–profit institution of higher education that is required to register with the Commission, the school or institution shall provide to the student the following information:
(i) The total cost of attendance for the program, as defined in 20 U.S.C. § 1087ll;
(ii) The length of the program;
(iii) The number of clock or credit hours, or the equivalent information;
(iv) The school’s or institution’s cancellation and refund policy;
(v) The program’s completion rates for both full–time and part–time students;
(vi) The program’s withdrawal rates;
(vii) The median combined loan debt for federal loans, institutional loans, and private loans certified by the school or institution, for all students who completed the program during the most recently completed award year;
(viii) The placement rate for the program, if the school or institution is required by its accrediting agency to calculate a placement rate for the program, or the school or institution, or both, using the required methodology of the accrediting agency;
(ix) Whether the program satisfies the applicable educational prerequisites for professional licensure or certification in the State; and
(x) The median earnings of former students of the school or institution who received federal financial aid at 10 years after entering the school or institution, as reported on the College Scorecard, if available.
(2) The information described under paragraph (1) of this subsection shall be prominently displayed:
(i) In a letter or e–mail to a prospective student that does not contain:
1. Information about a program other than the program in which the student has expressed interest; or
2. Any other substantive information; and
(ii) On the website of each school or institution that is available to a prospective student without the necessity of providing any personal information about the student.
(3) The school or institution shall maintain records of the school’s or institution’s efforts to provide the information described under paragraph (1) of this subsection to a prospective student for at least 5 years after the student enrolls at the school or institution.
Md. Code, Commercial Law § 13-401
(a) 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) 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) 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) 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) 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. Code, Commercial Law § 13-402
(a) (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) (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) (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. Code, Commercial Law § 13-403
(a) (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) (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) (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) (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 a 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.
Md. Code, Commercial Law § 13-404
(a) 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) (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. Code, Commercial Law § 13-405
(a) 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 obtained under this section is not admissible in a later criminal proceeding against the person who provides the evidence.
Md. Code, Commercial Law § 13-406
(a) 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) 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) 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. Code, Commercial Law § 13-407
If a person is aggrieved by an order or decision of the Division, he may institute any appropriate proceeding he considers necessary.
Md. Code, Commercial Law § 13-408
(a) 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) 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) 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) 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. Code, Commercial Law § 13-409
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. Code, Commercial Law § 13-410
(a) A merchant who engages in a violation of this title is subject to a fine not exceeding $10,000 for each violation.
(b) 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 not exceeding $25,000 for each subsequent violation.
(c) 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) 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. Code, Commercial Law § 13-411
(a) 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) 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. Code, Commercial Law § 13-501
This title may be cited as the Maryland Consumer Protection Act.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026