reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 3 - Unfair, Abusive, or Deceptive Trade Practices › Section 13-317 - Use of Consumer Identification Information in Connection With Credit Card Payments

(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.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 3 - Unfair, Abusive, or Deceptive Trade Practices › Section 13-318 - Use of Credit Card Information in Connection With Payment by Check

(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.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 3 - Unfair, Abusive, or Deceptive Trade Practices › Section 13-319 - Statement That Rebate Is Only Available by Mail

If a merchant advertises a rebate for consumer goods that is available only if a consumer mails in a rebate form, the advertisement shall clearly state that the rebate is only available by mail.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 4 - Enforcement and Penalties › Section 13-401 - Consumer's Complaint

(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.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 4 - Enforcement and Penalties › Section 13-402 - Conciliation

(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, 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.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 4 - Enforcement and Penalties › Section 13-404 - Arbitration of Disputes

(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.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 4 - Enforcement and Penalties › Section 13-405 - Subpoena Power

(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.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 4 - Enforcement and Penalties › Section 13-406 - Injunction

(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.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 4 - Enforcement and Penalties › Section 13-408 - Action for Damages

(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.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 4 - Enforcement and Penalties › Section 13-410 - Civil Penalty -- Merchants

(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.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 4 - Enforcement and Penalties › Section 13-411 - Criminal Penalties

(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.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 4A - Health Education and Advocacy Unit › Section 13-4A-02 - Duties

(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.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 4B - Reporting Requirements for Assisted Living Programs › Section 13-4B-01 - Annual Reports on Residents of Assisted Living Facility -- Notification by Office of Health Care Quality of the Appointment as Resident's Representative Payee

(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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 1 - Unit Pricing › Section 14-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Consumer commodity” means any food, drug, cosmetic, or other article, product, or commodity of any kind or class which is:
(1)    Customarily produced for sale at retail for consumption by individuals for purposes of personal care or in the performance of services ordinarily performed in or around the household; and
(2)    Usually consumed or expended in the course of that use or performance other than by wear or deterioration from use.
(c)    “Division” means the Division of Consumer Protection of the Office of the Attorney General.
(d)    “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.
(e)    “Unit price” means the retail price of an item expressed in dollars and cents per unit. In addition to any units commonly in use in the United States, the following units may be used if appropriate:
(1)    Per pound for an item the net quantity of which is expressed in pounds, ounces, or both;
(2)    Per kilogram (1000 grams) for an item the net quantity of which is expressed in kilograms, grams, or both;
(3)    Per meter (100 centimeters) for an item the net quantity of which is expressed in meters, centimeters, millimeters, or a combination of them;
(4)    Per quart for an item the net quantity of which is expressed in quarts, pints, fluid ounces, or a combination of them;
(5)    Per liter for an item the net quantity of which is expressed in liters and milliliters, or a combination of them;
(6)    Per 100 feet for an item the net quantity of which is expressed in yards, feet, inches, or a combination of them;
(7)    Per 100 square feet for an item the net quantity of which is expressed in square yards, square feet, square inches, or a combination of them; or
(8)    Per 100 units for an item the net quantity of which is expressed in terms of a numerical count.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 1 - Unit Pricing › Section 14-102 - Exemptions From Unit Pricing

(a)    This subtitle does not apply to:
(1)    Prepackaged food which contains separately identifiable items that are separated by physical division within the package;
(2)    Any item sold only by prescription;
(3)    Any item subject to the packaging or labeling requirements of the federal Bureau of Alcohol, Tobacco and Firearms or to any pricing requirements under federal law;
(4)    Any item actually being sold through a vending machine;
(5)    Any item delivered directly to a retail sales agency without passing through warehousing or other inventory facility used by the agency; or
(6)    Except as provided in subsection (b) of this section, a retail sales agency which:
(i)    During the preceding calendar year, sold a gross volume of consumer commodities of less than $750,000;
(ii)    Is not part of a company which consists of ten or more sales agencies in or out of the State;
(iii)    Derives less than 15 percent of its total revenues from consumer commodities subject to this subtitle; or
(iv)    Is owned and operated by not more than one individual and the members of his immediate family.
(b)    A sales agency which otherwise is exempt under subsection (a)(6) of this section nevertheless is subject to this subtitle if, during the preceding calendar year, the company of which the sales agency is a part has a gross volume of sales of consumer commodities in excess of $30,000,000.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 1 - Unit Pricing › Section 14-103 - Required Disclosures

(a)    Except as provided in § 14-102 of this subtitle, each person who sells or offers or displays for sale a consumer commodity at retail shall disclose:
(1)    The total price of the consumer commodity; or
(2)    Except as provided in subsection (c) of this section, the unit price of the consumer commodity if:
(i)    It is sold only by units; or
(ii)    It is a prepackaged or retail-packaged consumer commodity within any of the following categories:
1.    Foods, condiments, cooking oils, shortenings, and similar consumer commodities;
2.    Paper products, including napkins, towels, and tissues;
3.    Wrapping products, including those made of paper, plastic, and aluminum; and
4.    Soaps, detergents, cleansing aids, deodorizing aids, and similar consumer commodities.
(b)    If a packaged consumer commodity described in subsection (a)(2)(ii) of this section is priced for a multiple-package purchase, the seller shall disclose the unit price of that commodity on the basis of the multiple package.
(c)    A person is not required to disclose the unit price of a consumer commodity described in subsection (a)(2) of this section if he then is disclosing unit prices for at least 90 percent of the dollar volume or number of items of all his consumer commodities which are subject to the disclosure requirements of subsection (a)(2) of this section.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 1 - Unit Pricing › Section 14-104 - Manner of Disclosure

The seller shall disclose the total price or unit price, as the case may be, for each item in the following manner:
(1)    If the item is visible conspicuously to the consumer, by attachment of a stamp, tag, or label:
(i)    Directly on the item or its package; or
(ii)    Directly adjacent to the item or on the shelf on which the item is displayed; or
(2)    If the item is not visible conspicuously to the consumer or if the stamp, tag, or label would not be visible conspicuously to the consumer, by a sign or list which contains the price information and is visible conspicuously to the consumer.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 1 - Unit Pricing › Section 14-105 - Rules and Regulations; Grant of Exemption

(a)    At the direction of the Attorney General, the Division may:
(1)    In accordance with § 13-205 of this article, adopt reasonable rules and regulations appropriate to effectuate any provision of this subtitle, which rules and regulations, however, may not extend, modify, or conflict with this subtitle or its reasonable implications; and
(2)    Grant to a sales agency an exemption from any requirement of this subtitle if the sales agency uses a program which is approximately as or more comprehensive than the program of unit pricing required by this subtitle.
(b)    A person who willfully violates any rule or regulation of the Division, in addition to any other penalty provided, is subject to the same penalty applicable to violation of the provision of this subtitle to which the rule or regulation relates.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 1 - Unit Pricing › Section 14-106 - Enforcement

If the Division has reason to believe that a sales agency has violated any provision of this subtitle or any rule or regulation adopted under § 14-105 of this subtitle, the Attorney General or the Division at his direction may institute a proceeding under Title 13 of this article.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 2 - Consumer Debt Collection › Section 14-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Collector” means a person collecting or attempting to collect an alleged debt arising out of a consumer transaction.
(c)    “Consumer transaction” means any transaction involving a person seeking or acquiring real or personal property, services, money, or credit for personal, family, or household purposes.
(d)    “Person” 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.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 2 - Consumer Debt Collection › Section 14-202 - Certain Acts Prohibited

In collecting or attempting to collect an alleged debt a collector may not:
(1)    Use or threaten force or violence;
(2)    Threaten criminal prosecution, unless the transaction involved the violation of a criminal statute;
(3)    Disclose or threaten to disclose information which affects the debtor’s reputation for credit worthiness with knowledge that the information is false;
(4)    Except as permitted by statute, contact a person’s employer with respect to a delinquent indebtedness before obtaining final judgment against the debtor;
(5)    Except as permitted by statute, disclose or threaten to disclose to a person other than the debtor or his spouse or, if the debtor is a minor, his parent, information which affects the debtor’s reputation, whether or not for credit worthiness, with knowledge that the other person does not have a legitimate business need for the information;
(6)    Communicate with the debtor or a person related to him with the frequency, at the unusual hours, or in any other manner as reasonably can be expected to abuse or harass the debtor;
(7)    Use obscene or grossly abusive language in communicating with the debtor or a person related to him;
(8)    Claim, attempt, or threaten to enforce a right with knowledge that the right does not exist;
(9)    Use a communication which simulates legal or judicial process or gives the appearance of being authorized, issued, or approved by a government, governmental agency, or lawyer when it is not;
(10)    Engage in unlicensed debt collection activity in violation of the Maryland Collection Agency Licensing Act; or
(11)    Engage in any conduct  that violates §§ 804 through 812 of the federal Fair Debt Collection Practices Act.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 3 - Door-to-Door Sales › Section 14-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Business day” means any calendar day except Sunday or the following business holidays: New Year’s Day, Washington’s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day.
(c)    “Consumer goods” and “consumer services” mean:
(1)    Goods or services purchased, leased, or rented primarily for personal, family, or household purposes; and
(2)    Courses of instruction or training regardless of the purpose for which they are taken.
(d)    “Door–to–door sale” means a sale, lease, or rental of consumer goods or consumer services under single or multiple contracts with a purchase price of $25 or more, in which:
(1)    The seller or the seller’s representative personally solicits the sale, including a solicitation in response to or following an invitation by the buyer; and
(2)    The buyer’s agreement or offer to purchase is made at a place other than the place of business of the seller.
(e)    (1)    “Home improvement contract” has the meaning stated in § 8–101 of the Business Regulation Article.
(2)    “Home improvement contract” does not include an oral or written agreement between a contractor and an owner for the installation of a smoke detector, a heat detector, or a carbon monoxide detector.
(f)    “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.
(g)    “Place of business” means the main or permanent branch office or local address of a seller.
(h)    “Purchase price” means the total price paid or to be paid for the consumer goods or consumer services, including all interest and service charges.
(i)    “Sale” means a door–to–door sale.
(j)    “Seller” means a person engaged in the door–to–door sale of consumer goods or consumer services.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 3 - Door-to-Door Sales › Section 14-302.1 - Notice of Cancellation

Notwithstanding § 14–302 of this subtitle, for a home improvement contract:
(1)    The statement required under § 14–302(1)(ii) of this subtitle shall allow the buyer to cancel a transaction prior to midnight of the fifth business day after the date of the transaction, or midnight of the 7th business day after the date of the transaction if the buyer is at least 65 years old;
(2)    The “Notice of Cancellation” to be furnished to the buyer under § 14–302(2) of this subtitle shall:
(i)    Be on a separate form that is not a part of the home improvement contract; and
(ii)    Allow the buyer to cancel a transaction prior to midnight of the fifth business day after the date of the transaction, or midnight of the 7th business day after the date of the transaction if the buyer is at least 65 years old;
(3)    The date by which the buyer may give notice of cancellation that must be entered by the seller on the “Notice of Cancellation” under § 14–302(3) of this subtitle may not be earlier than the fifth business day following the date of the transaction, or the 7th business day following the date of the transaction if the buyer is at least 65 years old; and
(4)    It is an unfair or deceptive trade practice within the meaning of Title 13 of this article for a seller to fail to:
(i)    Obtain the signature of the buyer on the following written acknowledgment of the buyer’s right to cancel:
“I, (insert name), have been provided oral notice that I have the right to cancel this transaction, without any penalty or obligation, within 5 business days from the date of the transaction specified on the  “Notice of Cancellation”, or, if I am at least 65 years old, within 7 business days from the date of the transaction specified on the “Notice of Cancellation”.
?    check if buyer is at least 65 years old
_______________________                    _______________________
(Buyer’s signature)                        (date)”; or
(ii)    Furnish to the buyer a copy of the written acknowledgment of the buyer’s right to cancel with the completed receipt or copy of the home improvement contract.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 3 - Door-to-Door Sales › Section 14-305 - Penalty

Any person who willfully violates any provision of this subtitle is guilty of a misdemeanor and, in addition to the injunctive relief provided for in Title 13, Subtitle 4 of this article, on conviction is subject to a fine of not more than $1,000 or imprisonment of not more than one year or both.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 4 - Maryland Service Contracts and Consumer Products Guaranty Act › Section 14-404 - Duties of Guarantor

(a)    (1)    A guarantor shall fulfill the guarantor’s guaranty according to its terms:
(i)    Within a reasonable time; and
(ii)    For the stated period of the guaranty or, if no period is stated, for a reasonable period of time.
(2)    A provider shall fulfill the obligations under the service contract according to its terms:
(i)    At or within the period stated in the service contract, or if no period is stated, within a reasonable time; and
(ii)    For the stated duration of the service contract.
(b)    (1)    (i)    A guaranty is extended automatically when a guarantor fails to repair successfully a malfunctioning or defective product within the guaranty period.
(ii)    The guaranty does not terminate until the consumer product successfully performs its intended function for the remaining period of the guaranty plus a period equal to the time of repair.
(2)    (i)    A service contract is extended automatically when the provider fails to perform the services under the service contract.
(ii)    The service contract does not terminate until the services are provided in accordance with the terms of the service contract.
(c)    If a guaranty fails to disclose the information required by § 14-403 of this subtitle, the guarantor shall, without charge and within a reasonable period of time:
(1)    Repair a malfunctioning or defective consumer product; or
(2)    If repair is not commercially practicable or cannot be timely made, replace the malfunctioning or defective consumer product.
(d)    (1)    If a guarantor is unable to fulfill the terms of the guaranty within 10 days of the tender or delivery of a consumer product to the guarantor, the guarantor shall provide on request of the person guaranteed a brief written explanation of the reasons for the delay.
(2)    If a provider is unable to fulfill the terms of the service contract within 10 days after the date on which the provider is required to perform obligations under the service contract, the provider shall provide on request of the person guaranteed a brief written explanation of the reasons for the delay.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 4 - Maryland Service Contracts and Consumer Products Guaranty Act › Section 14-405 - Defenses Available to Guarantor

(a)    The duties prescribed in § 14-404 of this subtitle may not be imposed on a guarantor if the guarantor shows that while the consumer product was in the possession of any person other than the guarantor, damage or unreasonable use, including failure to provide any reasonable and necessary maintenance disclosed under § 14-403 of this subtitle, caused the product to malfunction.
(b)    The duties prescribed in § 14-404 of this subtitle may not be imposed on a provider if the provider shows that while the product was in the possession of any person other than the provider, damage or unreasonable use, including failure to provide any reasonable and necessary maintenance disclosed under § 14-403 of this subtitle, caused the product to malfunction or caused the inability of the provider to provide any service under the service contract.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 4 - Maryland Service Contracts and Consumer Products Guaranty Act › Section 14-406 - Action by Attorney General

(a)    If a guarantor or provider violates any provision of this subtitle, the Attorney General may obtain a court order prohibiting the guarantor or provider from further violations.
(b)    At least 7 days before the filing of an action for the order, the Attorney General shall give appropriate notice to the guarantor or provider stating generally the relief sought.
(c)    The court may issue an order or render a judgment necessary to:
(1)    Prevent violations of this subtitle; and
(2)    Restore to the person damaged any money or property acquired by means of any practice in violation of any provision of this subtitle.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 4 - Maryland Service Contracts and Consumer Products Guaranty Act › Section 14-407 - Private Remedies

(a)    It is the policy of the State to encourage:
(1)    A guarantor voluntarily to establish procedures whereby a guaranty dispute is fairly and expeditiously settled through informal dispute settlement procedures; and
(2)    A provider voluntarily to establish procedures whereby a service contract dispute is fairly and expeditiously settled through informal dispute settlement procedures.
(b)    A guarantor or provider who establishes informal dispute settlement procedures may elect to settle guaranty disputes or service contract disputes, as the case may be, in cooperation with any private agency or the Consumer Protection Division of the Attorney General’s office.
(c)    The guarantor or provider is liable to the person guaranteed for any wrongful breach of a guaranty or wrongful breach of a service contract, as the case may be, and is under a duty to:
(1)    Perform as required under this subtitle; and
(2)    Compensate the person guaranteed for all reasonable incidental expenses incurred as a result of the breach.
(d)    (1)    If the guarantor or provider breaches any duties under this subtitle, the person guaranteed may file an action in any court of competent jurisdiction.
(2)    (i)    Except as provided in paragraph (3) of this subsection, if the person guaranteed prevails in an action filed under this subsection, the court shall include in the amount of the judgment a sum equal to the aggregate amount of costs and expenses which have been reasonably incurred by the person guaranteed for or in connection with the action filed.
(ii)    These costs and expenses shall include attorney’s fees based on actual time expended, unless the court finds that an award of attorney’s fees would be inappropriate.
(3)    The person guaranteed is not entitled to costs and expenses, if:
(i)    The guarantor or provider affords the person guaranteed a reasonable opportunity to settle informally in accordance with subsection (a) of this section; and
(ii)    The person guaranteed fails to so settle.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 4 - Maryland Service Contracts and Consumer Products Guaranty Act › Section 14-408 - Service Contracts and Designation of Representatives Permitted

(a)    (1)    In addition to making a guaranty, the guarantor may enter into a service contract at the time of the sale or at any other time with the person guaranteed.
(2)    In addition to entering into a service contract, the provider may make a guaranty at the time of the sale or at any other time to the person guaranteed.
(b)    (1)    The guarantor or provider may designate a representative to perform the duties under this subtitle.
(2)    However, this designation does not relieve the guarantor or provider of the duties to the person guaranteed.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 4 - Maryland Service Contracts and Consumer Products Guaranty Act › Section 14-409 - A Mechanical Repair Contract Under 15-311.2 of the Transportation Article

(a)    Except for Title 13 of this article and § 15–311.2 of the Transportation Article with respect to mechanical repair contracts, this subtitle provides the exclusive remedy by which a person guaranteed may recover damages for a breach of a service contract or may enforce a service contract.
(b)    (1)    Providers, administrators, and other persons marketing, selling, or offering to enter into service contracts that comply with the terms of this subtitle need not comply with any provision of the Insurance Article, except with respect to mechanical repair contracts as expressly provided in § 15–311.2 of the Transportation Article.
(2)    Guarantors, administrators, and other persons marketing, selling, or offering to issue guarantees that comply with the terms of this subtitle need not comply with any provision of the Insurance Article.
(c)    (1)    In this subsection, “licensee” means a person who:
(i)    Is licensed as a master plumber and meets the qualifications to engage in the business of providing plumbing services under Title 12 of the Business Occupations and Professions Article;
(ii)    Provides heating, ventilation, air-conditioning, or refrigeration services in accordance with a master license or a master restricted license issued under Title 9A of the Business Regulation Article; or
(iii)    Is a licensed contractor under Title 8 of the Business Regulation Article.
(2)    A licensee is not subject to:
(i)    This subtitle if the services provided or to be provided under the service contract are within the scope of the licensee’s license; or
(ii)    Any provision of the Insurance Article applicable to service contracts.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 4A - Vehicle Protection Products Act › Section 14-4A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Administrator” means a person that is designated by a warrantor to be responsible for the administration of a vehicle protection product warranty.
(c)    “Division” means the Division of Consumer Protection of the Office of the Attorney General.
(d)    (1)    “Incidental costs” means an expense that:
(i)    Is specified in a vehicle protection product warranty;
(ii)    Is incurred by the warranty holder; and
(iii)    Relates to the failure of a vehicle protection product to perform as provided in the vehicle protection product warranty.
(2)    “Incidental costs” include:
(i)    Insurance policy deductibles;
(ii)    Charges for rental vehicles;
(iii)    The difference between the value of a stolen vehicle at the time of theft and the cost of a replacement vehicle;
(iv)    Sales taxes;
(v)    Registration fees;
(vi)    Transaction fees; and
(vii)    Mechanical inspection fees.
(e)    (1)    “Vehicle protection product” means a vehicle protection device, system, or service that:
(i)    Is sold with a written warranty;
(ii)    Is installed on or applied to a vehicle; and
(iii)    Is designed to prevent loss or damage to a vehicle from a specific cause.
(2)    “Vehicle protection product” includes:
(i)    An alarm system;
(ii)    A body part marking product;
(iii)    A steering lock;
(iv)    A window etch product;
(v)    A pedal or ignition lock;
(vi)    A fuel or ignition kill switch; and
(vii)    An electronic, radio, or satellite tracking device.
(f)    “Vehicle protection product warranty” means a written agreement by a warrantor that provides that if a vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, the warrantor shall pay to, or on behalf of, the warranty holder specified incidental costs incurred as a result of the failure of the vehicle protection product to perform in accordance with the terms of the vehicle protection product warranty.
(g)    (1)    “Warrantor” means a person that is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty.
(2)    “Warrantor” does not include an authorized insurer that issues a warranty reimbursement insurance policy.
(h)    “Warranty holder” means a person that purchases a vehicle protection product warranty or a permitted transferee.
(i)    “Warranty reimbursement insurance policy” means a policy of insurance that is issued to a warrantor to:
(1)    Provide reimbursement to the warrantor; or
(2)    Pay on behalf of the warrantor all covered contractual obligations incurred by the warrantor under the terms and conditions of the insured vehicle protection product warranties sold by the warrantor.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 4A - Vehicle Protection Products Act › Section 14-4A-02 - Applicability of Subtitle and Other Provisions

(a)    This subtitle does not apply to:
(1)    A service contract provider that does not sell vehicle protection products; or
(2)    A warranty, indemnity agreement, or guarantee that is not provided in connection with the sale of a vehicle protection product.
(b)    A vehicle protection product warranty is not subject to the provisions of Subtitle 4 of this title.
(c)    A seller or warrantor of a vehicle protection product, or a warrantor’s administrator, that complies with this subtitle is not subject to any provisions of the Insurance Article.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 4A - Vehicle Protection Products Act › Section 14-4A-04 - Registration

(a)    A warrantor of a vehicle protection product that is sold or offered for sale in the State shall register with the Division on the form that the Division  provides.
(b)    The registration form shall include:
(1)    The name, address, and telephone number of the warrantor, including any name under which the warrantor does business;
(2)    The name, address, and telephone number of the warrantor’s administrator, if any;
(3)    The name and address of the warrantor’s registered agent, if any;
(4)    The name of at least one officer of the warrantor who is directly responsible for the warrantor’s vehicle protection product business;
(5)    (i)    If the warrantor elects to carry warranty reimbursement insurance in accordance with § 14–4A–07(a)(1) of this subtitle, a copy of the warrantor’s warranty reimbursement insurance policy; or
(ii)    If the warrantor elects to meet its financial obligations in accordance with § 14–4A–07(a)(2) of this subtitle, one of the following:
1.    A copy of the most recent form 10–K or form 20–F filed by the warrantor or the warrantor’s parent company with the United States Securities and Exchange Commission; or
2.    If the warrantor or the warrantor’s parent company does not file with the United States Securities and Exchange Commission, a copy of the warrantor’s or the warrantor’s parent company’s financial statement that shows a net worth or stockholders’ equity of not less than $50,000,000; and
(6)    A copy of each warranty that the warrantor proposes to use in the State.
(c)    (1)    A warrantor that registers under subsection (a) of this section shall pay a registration fee to the Division at the time of registration.
(2)    On January 1 of each year following a warrantor’s initial registration, the warrantor shall pay a renewal fee to the Division.
(3)    The registration fee and the renewal fee required under this subsection shall be set by the Division in an amount not exceeding $500 for each fee.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 4A - Vehicle Protection Products Act › Section 14-4A-05 - Availability of Information to the Public

Except for information received under § 14–4A–04(b)(5)(ii) of this subtitle, any information received by the Division in the course of administering this subtitle shall be made available to the public, subject to the provisions of the Maryland Public Information Act.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 4A - Vehicle Protection Products Act › Section 14-4A-06 - Record Keeping

(a)    A warrantor of a vehicle protection product sold or offered for sale in the State shall keep accurate accounts, books, and records that relate to its vehicle protection product warranties.
(b)    A warrantor’s accounts, books, and records shall include:
(1)    A copy of each vehicle protection product warranty sold or issued in the State;
(2)    The name and address of each warranty holder; and
(3)    The date, amount, and description of each receipt, claim, and expenditure.
(c)    A warrantor shall keep accounts, books, and records relating to a vehicle protection product warranty and a warranty  holder for at least 2 years following the expiration of the vehicle protection product warranty.
(d)    A warrantor that discontinues business in the State shall maintain its accounts, books, and records until it can prove to the Division that it has discharged all of its obligations to any warranty holder in the State.
(e)    On request, a warrantor shall make all of its accounts, books, and records available for inspection by the Division.