reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12 - Consumer Credit Reporting Agencies › Part I - General Provisions › Section 14-1204 - Disclosure of Investigative Consumer Reports

(a)    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)    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)    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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12 - Consumer Credit Reporting Agencies › Part I - General Provisions › Section 14-1205 - Compliance Procedures; Identifying Information to Governmental Agency

(a)    (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)    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)    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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12 - Consumer Credit Reporting Agencies › Part I - General Provisions › Section 14-1206 - Disclosures to Consumer Required; Deletions

(a)    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)    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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12 - Consumer Credit Reporting Agencies › Part I - General Provisions › Section 14-1207 - Conditions of Disclosure of Consumer's File

(a)    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)    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)    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)    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)    Except as provided in  § 14–1221 of this subtitle, no consumer may:
(1)    Except as to false information furnished with malice or willful intent to injure the consumer, 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; or
(2)    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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12 - Consumer Credit Reporting Agencies › Part I - General Provisions › Section 14-1209 - Fees for Disclosures

(a)    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)    (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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12 - Consumer Credit Reporting Agencies › Part I - General Provisions › Section 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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12 - Consumer Credit Reporting Agencies › Part I - General Provisions › Section 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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12 - Consumer Credit Reporting Agencies › Part I - General Provisions › Section 14-1212 - Duty of User of Consumer Report to Notify Consumer

(a)    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)    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)    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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12 - Consumer Credit Reporting Agencies › Part II - Registration and Bond Requirements › Section 14-1216 - Requirements for Submission of Registration

(a)    To submit a registration, a consumer reporting agency shall:
(1)    Submit to the Commissioner a registration on the form that the Commissioner provides;
(2)    Unless granted an exemption by the Commissioner, file with the Commissioner a bond or bond alternative as required under § 14–1217 of this subtitle; and
(3)    Fulfill any other requirements for registration.
(b)    The registration shall include any information that the Commissioner requires by regulation.
(c)    A registration is not complete unless it meets the requirements of subsections (a) and (b) of this section.
(d)    Except as provided in § 14–1226 of this subtitle, all fees and other revenues collected under this subtitle shall be deposited into the nondepository special fund established under § 11–610 of the Financial Institutions Article.
(e)    The Commissioner may require a consumer reporting agency to register through the Nationwide Mortgage Licensing System and Registry or through other means specified by the Commissioner by regulation.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12 - Consumer Credit Reporting Agencies › Part II - Registration and Bond Requirements › Section 14-1218 - Violations

(a)    (1)    A consumer who has reason to believe that this subtitle, or any other law regulating consumer credit reporting, has been violated by a person may file with the Commissioner a written complaint setting forth the details of the alleged violation.
(2)    The Commissioner may initiate an investigation if the Commissioner has reason to believe that this subtitle, or any other law regulating consumer credit reporting, has been violated.
(b)    After receipt of a written complaint or initiating an investigation under this section, the Commissioner may inspect the books, records, letters, and contracts of a consumer reporting agency, and of each person who has furnished information to the consumer reporting agency relating to the specific written complaint.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12 - Consumer Credit Reporting Agencies › Part III - Enforcement, Penalties, and Miscellaneous Provisions › Section 14-1221 - Civil Liability

(a)    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)    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)    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)    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)    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)    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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12 - Consumer Credit Reporting Agencies › Part III - Enforcement, Penalties, and Miscellaneous Provisions › Section 14-1222 - 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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12 - Consumer Credit Reporting Agencies › Part III - Enforcement, Penalties, and Miscellaneous Provisions › Section 14-1223 - 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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12 - Consumer Credit Reporting Agencies › Part III - Enforcement, Penalties, and Miscellaneous Provisions › Section 14-1224 - 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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12 - Consumer Credit Reporting Agencies › Part III - Enforcement, Penalties, and Miscellaneous Provisions › Section 14-1225 - Consumer Complaints

(a)    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)    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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12 - Consumer Credit Reporting Agencies › Part III - Enforcement, Penalties, and Miscellaneous Provisions › Section 14-1227 - Confidentiality Requirements

(a)    (1)    The requirements under any federal law and Title 4, Subtitles 1 through 5 of the General Provisions Article regarding the privacy or confidentiality of information or material provided to NMLS, and any privilege arising under federal or state law, including the rules of any federal or state court with respect to that information or material, shall continue to apply to that information or material after the information or material has been disclosed to NMLS.
(2)    The information and material may be shared with all state and federal regulatory officials having authority over persons required to be registered under this subtitle, including the Financial Crimes Enforcement Network and the Office of Foreign Assets Control, without the loss of privilege or the loss of confidentiality protections provided by federal law or Title 4, Subtitles 1 through 5 of the General Provisions Article.
(b)    The Commissioner may:
(1)    Enter into information–sharing agreements with any federal or state regulatory agency having authority over consumer reporting agencies or with any federal or state law enforcement agency, including the Financial Crimes Enforcement Network and the Office of Foreign Assets Control, and any successor to these agencies if the agreements prohibit the agencies from disclosing any shared information without prior written consent from the Commissioner regarding disclosure of the particular information; and
(2)    Exchange information about a consumer reporting agency, including information obtained or generated during an investigation, with:
(i)    Any federal or state regulatory agency having authority over consumer reporting agencies; or
(ii)    Any federal or state law enforcement agency.
(c)    Information or material that is subject to a privilege or confidentiality under subsection (a) of this section may not be subject to:
(1)    Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or agency of the federal government or a state that has received the information or material; or
(2)    Subpoena, discovery, or admission into evidence, in any private civil litigation or administrative process, unless, with respect to any privilege held by NMLS, the person to whom the information or material pertains waives, in whole or in part, that privilege.
(d)    Any provisions of Title 4, Subtitles 1 through 5 of the General Provisions Article relating to the disclosure of any information or material described in subsection (a) of this section that are inconsistent with subsection (a) of this section shall be superseded by the requirements of this section.
(e)    This section does not apply to information or material relating to publicly adjudicated disciplinary and enforcement actions against a consumer reporting agency that is included in NMLS and designated for access by the public.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12A - Waterproofing › Section 14-12A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “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” means a subsurface or subterranean portion of a home, dwelling, or other building.
(d)    “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” 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” means a person, or an agent, representative, or employee of a person engaged in the business of basement waterproofing.
(g)    “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” 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” 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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12A - Waterproofing › Section 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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12B - Health Club Services › Section 14-12B-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (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” means the Consumer Protection Division of the Office of the Attorney General.
(d)    (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;
(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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12B - Health Club Services › Section 14-12B-04 - Disability of Buyer; Closed Health Club Facility

(a)    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)    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)    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)    (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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12B - Health Club Services › Section 14-12B-05 - Cancellation Right Where Facility Fails to Open for Business by Date Specified

(a)    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)    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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12B - Health Club Services › Section 14-12B-06 - Automatic Renewal Clauses; Consumer Rights; Cancellation of Agreement; Sign Characterizing Fees and Payments

(a)    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)    (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)    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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12B - Health Club Services › Section 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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 12B - Health Club Services › Section 14-12B-08 - Cease and Desist Orders; Violations Deemed Unfair or Deceptive Trade Practices

(a)    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)    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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 13 - Miscellaneous Provisions › Section 14-1301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Merchandise” means any commodity, object, wares, or goods.
(c)    “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.
(d)    “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” 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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 13 - Miscellaneous Provisions › Section 14-1303 - Waiver by Consumer Invalid in Certain Replevin Actions

(a)    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)    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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 13 - Miscellaneous Provisions › Section 14-1304 - Unsolicited Sending of Merchandise

(a)    (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)    (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)    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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 13 - Miscellaneous Provisions › Section 14-1305 - Credit Card Issued Without Request

(a)    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)    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)    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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 13 - Miscellaneous Provisions › Section 14-1306 - Extension of Appliance Service Contract

(a)    (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)    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)    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)    This section applies to a service contract executed after June 30, 1974.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 13 - Miscellaneous Provisions › Section 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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 13 - Miscellaneous Provisions › Section 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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 13 - Miscellaneous Provisions › Section 14-1309 - Stoves and Freestanding Fireplaces

(a)    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)    (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)    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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 13 - Miscellaneous Provisions › Section 14-1310 - Unvented Portable Kerosene-Fired Heaters

(a)    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)    (1)    “Commercial establishment” does not include:
(i)    Places of public assembly capable of accommodating more than 50 persons;
(ii)    Child 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)    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)    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.