reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 11 - Maryland Rental-Purchase Agreement Act › Section 12-1105 - Prohibited Provisions

A rental-purchase agreement may not contain:
(1)    A confession of judgment;
(2)    A negotiable instrument;
(3)    A security interest or any other claim of a property interest in any goods except the rental property delivered by the lessor pursuant to the rental-purchase agreement;
(4)    A wage assignment;
(5)    A waiver by the consumer of claims or defenses; or
(6)    A provision authorizing the lessor or a person acting on the lessor’s behalf to enter upon the consumer’s premises or to commit any breach of the peace in the repossession of rental property.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 11 - Maryland Rental-Purchase Agreement Act › Section 12-1106 - Reinstatement; Repossession of Property

(a)    A consumer who fails to make a timely rental payment may reinstate the rental-purchase agreement, without losing any rights or options that exist under the rental-purchase agreement, if within 5 days of the renewal date, for a consumer who renews on a monthly basis, or within 2 days of the renewal date, for a consumer who renews on a weekly basis, the consumer pays:
(1)    All past due rental charges;
(2)    If the rental property has been picked up or repossessed, the reasonable costs of pickup and redelivery; and
(3)    Any applicable reinstatement fee, which may not exceed $5.
(b)    A consumer who has paid less than two-thirds of the total of payments necessary to acquire ownership of the rental property and who has returned or voluntarily surrendered the rental property without judicial process during the applicable reinstatement period under subsection (a) of this section or who has made the property available for pickup at the request of the lessor, whichever occurs last, may reinstate the rental-purchase agreement prior to a date not less than 21 days after the date of the return of the rental property.
(c)    A consumer who has paid two-thirds or more of the total of payments necessary to acquire ownership of the rental property and who has returned or voluntarily surrendered the rental property without judicial process during the applicable period set forth in subsection (a) of this section or who has made the property available for pickup at the request of the lessor, whichever occurs last, may reinstate the rental-purchase agreement prior to a date not less than 45 days after the date of the return of the rental property.
(d)    Nothing in this section shall prevent a lessor from repossessing the property during the reinstatement period, but a repossession may not affect the consumer’s right to reinstate. After reinstatement, the lessor shall provide the consumer with the same rental property or a substitute property of comparable quality and condition.
(e)    (1)    A lessor may repossess property under a rental-purchase agreement if the consumer is in default of:
(i)    Any sum due under the agreement; or
(ii)    The performance of any promise the breach of which is expressly made a ground for repossessing the property.
(2)    A lessor may repossess property only by legal process or self-help without the use of force. Nothing in this section authorizes a violation of criminal law.
(3)    At the time of repossession of the property, the lessor shall deliver to the consumer a written notice which states the right of the buyer to reinstate the rental-purchase agreement, the last date by which the consumer may reinstate the agreement, and the amount payable for reinstatement.
(4)    The consumer may reinstate the rental-purchase agreement within 15 days after the date of repossession by paying:
(i)    All past due rental charges;
(ii)    The reasonable costs of pickup and redelivery; and
(iii)    A reinstatement fee of $5.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 11 - Maryland Rental-Purchase Agreement Act › Section 12-1107 - Receipts

(a)    A lessor shall provide the consumer with a written receipt for each payment under a rental–purchase agreement made in person by cash or money order, or, if the payment is made in any other form, on request.
(b)    The written receipt shall contain the:
(1)    Total amount paid;
(2)    Total amount due that week or month; and
(3)    Total remaining rental payments necessary to acquire ownership of the item.
(c)    The lessor shall provide the consumer with a written statement of account within 3 days after the consumer’s request.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 11 - Maryland Rental-Purchase Agreement Act › Section 12-1108 - New Rental-Purchase Agreements

(a)    When a rental-purchase agreement is satisfied and replaced by a new rental-purchase agreement between the lessor and consumer, the lessor and consumer shall negotiate a new rental-purchase agreement requiring new disclosures.
(b)    The following do not require the negotiation of a new rental-purchase agreement:
(1)    The addition or return of rental property under a multiple-item agreement or the substitution of the rental property, if in either case the average payment allocable to a payment period is not changed by more than 25 percent;
(2)    A deferral or extension of 1 or more rental payments, or portions of a rental payment;
(3)    A reduction in charges in the rental-purchase agreement; or
(4)    A rental-purchase agreement involved in a court proceeding.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 11 - Maryland Rental-Purchase Agreement Act › Section 12-1109 - Advertisements

(a)    An advertisement for a rental-purchase agreement that refers to or states the dollar amount of any payment and the right to acquire ownership for any 1 specific item shall clearly and conspicuously state, as applicable:
(1)    That the transaction advertised is a rental-purchase agreement;
(2)    The total cost and the number of payments necessary to acquire ownership; and
(3)    That the consumer acquires no ownership right if the total amount necessary to acquire ownership is not paid.
(b)    Any owner, employee, or agent of any medium in which an advertisement appears or through which it is disseminated may not be liable for violations under this section.
(c)    The requirements under subsection (a) of this section do not apply to an advertisement that:
(1)    Does not refer to or state the amount of any payment; or
(2)    Is published in the yellow pages of a telephone directory or in any similar directory of business.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 11 - Maryland Rental-Purchase Agreement Act › Section 12-1110 - Penalties; Exceptions

(a)    A person who willfully and intentionally violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $500 per violation.
(b)    For a violation of a provision of this subtitle, a consumer under a rental-purchase agreement may recover from the lessor committing the violation, or may set off by way of a counterclaim in an action brought by the lessor or its assignee, an amount equal to:
(1)    Actual damages; and
(2)    $500 plus reasonable attorney’s fees and court costs.
(c)    A lessor or its assignee may not be held liable under this subtitle if the lessor or its assignee proves by a preponderance of the evidence:
(1)    That the violation was unintentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid that type of error; and
(2)    That the lessor or its assignee corrected the error and refunded any money excessively charged due to the error, within 30 days after discovering or receiving notice of the error.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 11 - Maryland Rental-Purchase Agreement Act › Section 12-1110.1 - Recovery of Property Subject to Rental-Purchase Agreement

(a)    A lessor may not bring a court action to recover property subject to a rental–purchase agreement until 15 days after the consumer has been sent notice of a default.
(b)    Notice of default sent by certified mail to the consumer’s last known address constitutes notice.
(c)    The notice shall include any amount the consumer must pay to reinstate the rental–purchase agreement, if applicable.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 12 - Reverse Mortgage Loans Act › Section 12-1201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Arranger of financing” means a person that:
(1)    For a fee or other valuable consideration, whether received directly or indirectly, aids or assists a borrower in obtaining a reverse mortgage loan; and
(2)    Is not named as the lender in the reverse mortgage loan agreement.
(c)    “Borrower” means an individual who makes a loan application for or receives a reverse mortgage loan.
(d)    “Counseling agency” means an entity approved by the U.S. Department of Housing and Urban Development to provide counseling regarding reverse mortgage loans.
(e)    “Dwelling” has the meaning stated in § 11–501 of the Financial Institutions Article.
(f)    “Lender” means a person who makes a reverse mortgage loan.
(g)    “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.
(h)    “Reverse mortgage loan” means a nonrecourse loan that:
(1)    Is secured by the borrower’s principal dwelling;
(2)    Provides the borrower with purchase money proceeds, a lump sum payment, periodic cash advances, a line of credit, or any combination of those payment plans based on the equity in or value of the borrower’s principal dwelling; and
(3)    Requires no payment of principal or interest until the full loan becomes due and payable.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 12 - Reverse Mortgage Loans Act › Section 12-1202 - Scope of Subtitle

(a)    The provisions of this subtitle:
(1)    Apply to a reverse mortgage loan secured by a borrower’s principal dwelling in the State; and
(2)    Are in addition to any other applicable provisions of law.
(b)    If a provision of this subtitle conflicts with any provision of this title, the provision of this subtitle applies.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 12 - Reverse Mortgage Loans Act › Section 12-1203 - Specific Payment Plan or Loans to Borrowers Not Holding Fee Simple Interest Not Required

This subtitle does not require a lender that offers to make a reverse mortgage loan to offer a reverse mortgage loan:
(1)    With any one or more particular payment plans; or
(2)    To a prospective borrower who holds title to a dwelling in other than fee simple interest.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 12 - Reverse Mortgage Loans Act › Section 12-1204 - Conformance to Requirements of Federal Law

(a)    Except as otherwise provided in this subtitle, a lender that offers or makes a reverse mortgage loan secured by a dwelling in the State shall conform to the requirements of 12 U.S.C. § 1715z–20, and any regulations and guidance adopted under 12 U.S.C. § 1715z–20, regardless of whether the reverse mortgage loan is insured under 12 U.S.C. § 1715z–20.
(b)    Except as otherwise provided in this subtitle, an arranger of financing that aids or assists, or offers to aid or assist, a borrower in obtaining a reverse mortgage loan secured by a dwelling in the State shall conform to the requirements of 12 U.S.C. § 1715z–20, and any regulations and guidance adopted under 12 U.S.C. § 1715z–20, regardless of whether the reverse mortgage loan is insured under 12 U.S.C. § 1715z–20.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 12 - Reverse Mortgage Loans Act › Section 12-1205 - Inapplicability of Federal Provisions -- Uninsured Loans

(a)    A reverse mortgage loan that is not insured under 12 U.S.C. § 1715z–20 is not subject to the provisions in 12 U.S.C. § 1715z–20, or in any regulations or guidance adopted under 12 U.S.C. § 1715z–20, that:
(1)    Limit origination fees to $6,000 as adjusted under 12 U.S.C. § 1715z–20(r);
(2)    Impose maximum claim amounts or other loan limit restrictions; or
(3)    Require government insurance for the loan.
(b)    A lender or an arranger of financing is not subject to the federal regulatory approval requirements of 24 C.F.R., Part 202 when making or arranging a reverse mortgage loan that is not insured under 12 U.S.C. § 1715z–20.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 12 - Reverse Mortgage Loans Act › Section 12-1206 - Requirements for Purchasers

(a)    (1)    Except as provided in paragraph (2) of this subsection, a lender or an arranger of financing may not require a borrower to purchase an annuity, a long–term care policy, or other financial or insurance product as a condition to obtaining a reverse mortgage loan.
(2)    A lender or an arranger of financing may require a borrower to purchase title insurance, hazard, flood, or other peril insurance, and any other financial or insurance product that is required for reverse mortgage loans insured under 12 U.S.C. § 1715z–20.
(b)    A lender or an arranger of financing may not refer a borrower to any person for the purchase of an annuity or any other financial or insurance product before the later of:
(1)    The closing of the reverse mortgage loan; or
(2)    The expiration of the borrower’s right to rescind the reverse mortgage loan agreement.
(c)    This section does not prohibit a lender or an arranger of financing from offering to a borrower, or referring a borrower to a person for the purchase of:
(1)    Title insurance;
(2)    Hazard, flood, or other peril insurance; or
(3)    Other products that are customary under a reverse mortgage loan.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 12 - Reverse Mortgage Loans Act › Section 12-1207 - Counseling Agency Checklists

(a)    On receiving an application for a reverse mortgage loan, a lender or an arranger of financing shall provide a prospective borrower with a written checklist, written in 12 point type or larger, advising the borrower to discuss the following issues with a counseling agency counselor:
(1)    How unexpected medical or other events that cause the borrower to move out of the borrower’s home earlier than anticipated will impact the total annual cost of the reverse mortgage loan;
(2)    The extent to which the borrower’s financial needs would be better met by options other than a reverse mortgage loan, including less costly home equity lines of credit, property tax deferral programs, or governmental aid programs;
(3)    Whether the borrower intends to use the proceeds of the reverse mortgage loan to purchase an annuity or other financial or insurance product and the consequences of doing so;
(4)    The effect of repayment of the reverse mortgage loan on other residents of the home securing the reverse mortgage loan after all borrowers have died or permanently left the home;
(5)    The borrower’s ability to finance routine or catastrophic home repairs, especially if maintenance is a factor that may determine when the reverse mortgage loan becomes payable;
(6)    The impact that the reverse mortgage loan may have on the borrower’s tax obligations and eligibility for government assistance programs, and the effect that losing equity in the home securing the reverse mortgage loan will have on the borrower’s estate and heirs; and
(7)    The ability of the borrower to finance alternative living accommodations, such as assisted living or long–term care, after the borrower’s equity is depleted.
(b)    If an individual obtains counseling on reverse mortgage loans from a counseling agency before applying for a reverse mortgage loan, the counseling agency shall provide the individual with the written checklist required under subsection (a) of this section.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 12 - Reverse Mortgage Loans Act › Section 12-1208 - Violations; Penalties

(a)    Except as otherwise provided in this section:
(1)    A lender or arranger of financing for a reverse mortgage loan insured under 12 U.S.C. § 1715z–20 that violates this subtitle is subject to the penalties provided in 12 U.S.C. § 1715z–20, and in any regulations and guidance adopted under 12 U.S.C. § 1715z–20; and
(2)    A lender or arranger of financing for a reverse mortgage loan not insured under 12 U.S.C. § 1715z–20 that violates this subtitle:
(i)    Engages in an unfair or deceptive trade practice within the meaning of Title 13 of this article; and
(ii)    Is subject to the enforcement and penalty provisions contained in Title 13 of this article, except § 13–411.
(b)    A violation of this subtitle does not constitute a violation of any other subtitle of this title.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 13 - Mortgage Loans -- Notice of Housing Counseling Programs and Services › Section 12-1301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Borrower” has the meaning stated in § 11–501 of the Financial Institutions Article.
(c)    “Home buyer education or housing counseling” means instruction on preparing for home ownership, shopping for a home, obtaining a mortgage, loan closing, and life as a homeowner.
(d)    “Lender” means a person that makes a mortgage loan.
(e)    “Mortgage loan” has the meaning stated in § 11–501 of the Financial Institutions Article.
(f)    “Secondary mortgage loan” means a mortgage loan secured by residential real property that is subject to the lien of one or more prior mortgage loans.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 13 - Mortgage Loans -- Notice of Housing Counseling Programs and Services › Section 12-1302 - Applicability of Subtitle

(a)    This subtitle applies to any lender that makes a mortgage loan secured by owner–occupied residential real property located in the State.
(b)    This subtitle does not apply to:
(1)    A secondary mortgage loan;
(2)    An open–end or revolving home equity line of credit;
(3)    A construction loan;
(4)    An individual who takes back a deferred purchase money mortgage in connection with the sale of residential real property owned by, and titled in the name of, the individual; or
(5)    An individual who makes a mortgage loan to a borrower who is the individual’s spouse, child, child’s spouse, parent, sibling, grandparent, grandchild, or grandchild’s spouse.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 13 - Mortgage Loans -- Notice of Housing Counseling Programs and Services › Section 12-1303 - Home Buyer Education or Housing Counseling

(a)    Unless the lender is otherwise required by federal or State law to refer the borrower to housing counseling, a lender shall provide to a borrower a written notice, in the form specified in regulations adopted by the Department of Housing and Community Development, in consultation with the Commissioner of Financial Regulation, that includes:
(1)    A statement recommending that the borrower complete home buyer education or housing counseling; and
(2)    Information about home buyer education and housing counseling programs and services provided by nonprofit and government organizations certified by the U.S. Department of Housing and Urban Development that are available to residents of the State.
(b)    The Department of Housing and Community Development shall provide and maintain the information required under subsection (a)(2) of this section.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 14 - Credit Card Processors › Section 12-1401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Credit card processor” means a person that processes credit card or electronic commerce transactions on behalf of a business entity for a fee.
(2)    “Credit card processor” includes:
(i)    A merchant services provider;
(ii)    A financial institution;
(iii)    An independent sales organization; and
(iv)    Any subsidiary or affiliate of an entity listed in items (i) through (iii) of this paragraph.
(c)    “Merchant processing agreement” means a contract between a credit card processor and a business entity under which the business entity agrees to pay the credit card processor for processing credit card or electronic commerce transactions on behalf of the business entity.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 14 - Credit Card Processors › Section 12-1402 - Subtitle Not Applicable to Merchant Processing Agreement Between Credit Card Processor and Business Entity Under Certain Conditions

This subtitle does not apply to a merchant processing agreement between a credit card processor and a business entity:
(1)    That may be terminated without assessment of fees, fines, penalties, or liquidated damages; or
(2)    If at the time of entry into the merchant processing agreement, the business entity employs 50 or more employees or reasonably estimates that it will generate more than $2,000,000 in credit card or electronic commerce transactions each year.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 14 - Credit Card Processors › Section 12-1403 - Merchant Processing Agreement

(a)    If a business entity cancels a merchant processing agreement before the expiration of the initial term agreed on by the credit card processor and the business entity, the credit card processor may not assess or charge a fee, fine, or penalty that exceeds $500.
(b)    If a business entity terminates the merchant processing agreement after the expiration of the initial term agreed on by a credit card processor and a business entity, the credit card processor may not assess a fee, fine, or penalty, unless a credit card processor and a business entity have entered into a separate renewal merchant processing agreement.
(c)    Subject to subsection (d) of this section, a merchant processing agreement shall disclose clearly and conspicuously in bold, 12 point font the following information:
(1)    The amount of any early termination fee, fine, penalty, or liquidated damages that may be assessed by the credit card processor for termination of a merchant processing agreement before the expiration of the initial term;
(2)    The expiration date of the merchant processing agreement;
(3)    The renewal date of the merchant processing agreement; and
(4)    The customer service contact information of the credit card processor, including telephone number, mailing address, and e–mail address.
(d)    The information required under subsection (c) of this section shall be:
(1)    Provided on the signature page of a merchant  processing agreement; and
(2)    Initialed separately by the business entity.
(e)    The credit card processor shall provide a copy of the merchant processing agreement in electronic or paper form to the business entity at the time the business entity signs the merchant processing agreement.
2023 Maryland Statutes › Commercial Law › Title 12 - Credit Regulations › Subtitle 14 - Credit Card Processors › Section 12-1404 - Investigation of Complaint of Violation of 12-1403

If a complaint about a violation of § 12–1403 of this subtitle is filed with the Commissioner of Financial Regulation, the Commissioner may investigate the complaint and use any of the investigative and enforcement powers provided under Title 2, Subtitle 1 of the Financial Institutions Article.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 1 - Definitions; General Provisions › Section 13-102 - Declaration of Findings and Purpose

(a)    (1)    The General Assembly of Maryland finds that consumer protection is one of the major issues which confront all levels of government, and that there has been mounting concern over the increase of deceptive practices in connection with sales of merchandise, real property, and services and the extension of credit.
(2)    The General Assembly recognizes that there are federal and State laws which offer protection in these areas, especially insofar as consumer credit practices are concerned, but it finds that existing laws are inadequate, poorly coordinated and not widely known or adequately enforced.
(3)    The General Assembly of Maryland also finds, as a result of public hearings in some of the metropolitan counties during the 1973 interim, that improved enforcement procedures are necessary to help alleviate the growing problem of deceptive consumer practices and urges that favorable consideration be given to requests for increased budget allocation for increases in staff and other measures tending to improve the enforcement capabilities or increase the authority of the Division.
(b)    (1)    It is the intention of this legislation to set certain minimum statewide standards for the protection of consumers across the State, and the General Assembly strongly urges that local subdivisions which have created consumer protection agencies at the local level encourage the function of these agencies at least to the minimum level set forth in the standards of this title.
(2)    The General Assembly is concerned that public confidence in merchants offering goods, services, realty, and credit is being undermined, although the majority of business people operate with integrity and sincere regard for the consumer.
(3)    The General Assembly concludes, therefore, that it should take strong protective and preventive steps to investigate unlawful consumer practices, to assist the public in obtaining relief from these practices, and to prevent these practices from occurring in Maryland. It is the purpose of this title to accomplish these ends and thereby maintain the health and welfare of the citizens of the State.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 1 - Definitions; General Provisions › Section 13-103 - Legislative Intent; Local Provisions; Enforcement

(a)    This title is intended to provide minimum standards for the protection of consumers in the State.
(b)    A county, Baltimore City, municipality, or agency of either may adopt, within the scope of its authority, more stringent provisions not inconsistent with the provisions of this title.
(c)    The provisions of this title shall be enforced by each agency of the State within the scope of its authority.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 1 - Definitions; General Provisions › Section 13-104 - Exemptions

This title does not apply to:
(1)    The professional services of a certified public accountant, architect, clergyman, professional engineer, lawyer, veterinarian, insurance company authorized to do business in the State, insurance producer licensed by the State, Christian Science practitioner, land surveyor, property line surveyor, chiropractor, optometrist, physical therapist, podiatrist, real estate broker, associate real estate broker, or real estate salesperson, or medical or dental practitioner;
(2)    A public service company, to the extent that the company’s services and operations are regulated by the Public Service Commission; or
(3)    A television or radio broadcasting station or a publisher or printer of a newspaper, magazine, or other form of printed advertising who broadcasts, publishes, or prints an advertisement which violates this title, unless the station, publisher, or printer engages in an unfair or deceptive trade practice in the sale of its own goods or services or has knowledge that the advertising is in violation of this title.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 1 - Definitions; General Provisions › Section 13-105 - Construction

This title shall be construed and applied liberally to promote its purpose. It is the intent of the General Assembly that in construing the term “unfair or deceptive trade practices”, due consideration and weight be given to the interpretations of § 5 (a)(1) of the Federal Trade Commission Act by the Federal Trade Commission and the federal courts.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 2 - Division of Consumer Protection; Consumer Council › Section 13-202 - Consumer Council Established

(a)    There is a Consumer Council in the Division. The Council shall advise the Division on general goals for the development of programs, undertake studies and issue reports, and foster cooperation among federal, State, and local agencies and private groups.
(b)    (1)    The Council consists of:
(i)    The Division Chief; and
(ii)    Nine members appointed by the Governor with the advice and consent of the Senate.
(2)    The members appointed by the Governor shall be divided into three categories, as follows:
(i)    Three members to represent consumer groups or interests;
(ii)    Three members to represent business groups or interests; and
(iii)    Three members to represent the public sector.
(3)    The term of membership is six years, except that, of the original appointees, one of each category shall serve a six-year term, one of each category shall serve a four-year term, and one of each category shall serve a two-year term. A member serves until his successor is appointed and qualified. An appointment to a vacancy in an unexpired term is limited to the remainder of that term. The members shall serve without compensation, but shall be reimbursed for all expenses reasonably incurred. The Council shall elect annually a chairman from among its members and appoint a secretary.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 2 - Division of Consumer Protection; Consumer Council › Section 13-203 - Powers and Duties of Attorney General Generally

In addition to any other of his powers and duties, the Attorney General:
(1)    May recommend to the Governor and the General Assembly legislation to protect the public from fraudulent promoters and the schemes they propose;
(2)    Shall appoint an assistant, whose salary shall be as provided in the budget, to perform the duties of assistant Attorney General in charge of consumer protection;
(3)    Shall employ the investigators and clerical staff which he considers necessary to carry out the purpose of this subtitle; and
(4)    May use the funds and employ the media which he considers necessary to:
(i)    Fully acquaint the public and business community with the provisions of this title;
(ii)    Educate the public as to nefarious schemes which might be foisted on the public;
(iii)    Generally study consumer problems from the standpoint of value received by the consumer; and
(iv)    Report periodically to the public.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 2 - Division of Consumer Protection; Consumer Council › Section 13-205 - Powers and Duties of Division -- Rule-Making Power

(a)    (1)    After obtaining the advice of the Consumer Council and holding a public hearing, the Division may adopt reasonable rules, regulations, and standards appropriate to effectuate the purposes of this subtitle, including rules, regulations, or standards which further define specific unfair or deceptive trade practices.
(2)    These rules, regulations, and standards may not modify, expand or conflict with the definitions or standards set forth in this title.
(b)    In addition to any publication of notice required to be made in the Maryland Register by the State Documents Law, a notice of the hearing shall be published in two daily newspapers at least 15 days before the hearing.
(c)    If the Division adopts a rule, regulation, or standard, it shall issue a concise statement of:
(1)    The reasons for adoption; and
(2)    Any reasons against adoption which were rejected by the Division.
(d)    (1)    Any bona fide consumer group or trade association, the members of which are directly affected by a rule, regulation, or standard, has standing to challenge it in the name of the group or the association, even though the group or association may not be directly affected by the rule, regulation, or standard.
(2)    A challenge to a rule, regulation, or standard shall be made in accordance with the Administrative Procedure Act.
(e)    Copies of each rule, regulation, and standard shall be filed in accordance with the Administrative Procedure Act and the State Documents Law and shall be made available to the public.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 2 - Division of Consumer Protection; Consumer Council › Section 13-206 - Legal Assistance Organizations

(a)    As used in this section, “legal assistance organization” means a firm, group, corporation, or other entity which recommends, furnishes, arranges, or pays for legal services for its own members or beneficiaries, whether or not for profit.
(b)    A legal assistance organization may not sell or offer its services for sale in Maryland except in accordance with this section.
(c)    A legal assistance organization annually shall file a report with the Division of its activities and its financial condition.
(d)    A legal assistance organization which sells or offers its legal services in the State is subject to the powers and duties of the Division within this subtitle.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 3 - Unfair, Abusive, or Deceptive Trade Practices › Section 13-303 - Practices Generally Prohibited

A person may not engage in any unfair, abusive, or deceptive trade practice, as defined in this subtitle or as further defined by the Division, in:
(1)    The sale, lease, rental, loan, or bailment of any consumer goods, consumer realty, or consumer services;
(2)    The offer for sale, lease, rental, loan, or bailment of consumer goods, consumer realty, or consumer services;
(3)    The offer for sale of course credit or other educational services;
(4)    The extension of consumer credit;
(5)    The collection of consumer debts; or
(6)    The purchase or offer for purchase of consumer goods or consumer realty from a consumer by a merchant whose business includes paying off consumer debt in connection with the purchase of any consumer goods or consumer realty from a consumer.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 3 - Unfair, Abusive, or Deceptive Trade Practices › Section 13-304 - Referral Sales

A seller may not use any general referral sales technique, plan, arrangement, or agreement by which a buyer is induced to purchase merchandise, real property, or intangibles on the representation or promise of the seller that if the buyer furnishes to the seller the names of other prospective buyers of like or identical merchandise, real property, or intangibles, he will receive a reduction in purchase price by means of a cash rebate, commission, or credit toward balance due or any other consideration.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 3 - Unfair, Abusive, or Deceptive Trade Practices › Section 13-306 - Certificate When Gift or Other Inducement Not Available to Customer

(a)    If a gift or other inducement offered to a customer in exchange for business is not available at the time the customer complies with the conditions attached to the offer, the offeror shall:
(1)    Give the customer a certificate which states in unequivocal language that:
(i)    The customer has complied with the conditions which entitle him to receive the gift or other inducement; and
(ii)    The offeror will give the customer an identical or substantially similar item of equal value on presentment of the certificate; and
(2)    Fully comply with the terms of the certificate.
(b)    The certificate may designate a period of not less than 90 days after the date the customer receives the certificate within which the certificate must be presented for redemption.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 3 - Unfair, Abusive, or Deceptive Trade Practices › Section 13-307 - Repair Company to Furnish Written Bill for Cost

(a)    (1)    In this section the following terms have the meanings indicated.
(2)    (i)    “Home appliance” means any device the retail cost of which exceeds $100 and which is generally used in a private residence;
(ii)    “Home appliance” includes an air conditioner, washing machine, dishwasher, television set, stereo set, oil burner, and any similar item.
(3)    “Repair company” means any person who repairs home appliances for a fee or consideration.
(b)    Except as provided in subsection (c) of this section, a repair company shall furnish a written bill for the cost of repairing a home appliance to the person for whom the repair was made. The bill shall include the following information:
(1)    The hourly labor rate;
(2)    The time actually used to repair the home appliance;
(3)    The itemized cost of any new parts used to repair the home appliance;
(4)    The itemized cost of any used or reconditioned parts used to repair the home appliance and a statement that used or reconditioned parts were used; and
(5)    Any other charges.
(c)    This section does not apply if:
(1)    The repair work is done under a service contract; or
(2)    A flat price or firm estimate is given before repair of the home appliance.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 3 - Unfair, Abusive, or Deceptive Trade Practices › Section 13-308 - Electrical Consumer Products

(a)    A person may not sell or distribute an electrical consumer product which is intended ultimately for the personal use of a consumer in or around a permanent or temporary household or residence, unless the product is clearly labeled, marked, or stamped with the symbol of an electrical testing laboratory which is certified by the State Fire Marshal to test products to determine that they are safe for use.
(b)    (1)    The Attorney General and the State Fire Marshal shall each enforce this section under the enforcement powers provided in this title and in the Public Safety Article.
(2)    The fire department of Baltimore City shall report to the Division any violation of this section which it finds.
(c)    Any person who knowingly and willfully violates the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $5,000.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 3 - Unfair, Abusive, or Deceptive Trade Practices › Section 13-309 - Electrical Extension Cords

(a)    An electrical extension cord which conducts electrical current in commercial or household use shall be labeled to designate the maximum number of amperes it may safely conduct.
(b)    Any manufacturer, distributor, wholesaler, or retailer who sells or causes to be sold an electrical extension cord without a label as required by this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50 for each sale.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 3 - Unfair, Abusive, or Deceptive Trade Practices › Section 13-310 - Reserved Seat Tickets

(a)    This section does not apply to nonprofit organizations.
(b)    A person who sells reserved seat tickets for an athletic, recreational, cultural, or entertainment event shall display prominently at the ticket-sale location a seating plan which clearly shows the location of every reserved seat and every physical obstruction to the viewing of the event.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 3 - Unfair, Abusive, or Deceptive Trade Practices › Section 13-310.1 - Sale of Speculative Tickets

(a)    (1)    In this section the following words have the meanings indicated.
(2)    (i)    “Resale” means the second or subsequent sale of a ticket.
(ii)    “Resale” includes a sale by any means, including in person, by telephone, by mail, by e–mail, by facsimile, or through a website or other electronic means.
(3)    “Reseller” means a person who offers a ticket for resale.
(4)    (i)    “Speculative ticket” means a ticket that is not in the actual or constructive possession of a reseller at the time of sale.
(ii)    “Speculative ticket” includes a ticket sold by a reseller that, at the time of resale:
1.    Is not in the physical possession of the reseller;
2.    Is not owned by the reseller; or
3.    Is not under contract to be transferred to the reseller.
(5)    “Ticket” means physical, electronic, or other evidence, that grants the possessor of the evidence permission to enter a place of entertainment for one or more events at a specified date and time.
(b)    A reseller may not sell or offer to sell speculative tickets unless the reseller, clearly and conspicuously, discloses to a prospective purchaser at the outset of the sales transaction:
(1)    That the tickets are speculative tickets, and the reseller is not in possession of the tickets;
(2)    That the reseller is making an offer to procure the tickets for the prospective purchaser;
(3)    An approximate date on which the tickets will be delivered to the purchaser;
(4)    The name or a description of the event for which the tickets will permit entry;
(5)    The total number of tickets included in the transaction;
(6)    The number of tickets for seats that are together;
(7)    The zone or section number of the tickets, to the extent applicable to the venue; and
(8)    For reserved seat tickets:
(i)    The seat numbers of the tickets; or
(ii)    If applicable, that the reseller cannot guarantee the specific seats because the tickets are speculative tickets.
(c)    (1)    A reseller shall refund to a purchaser any consideration or deposit paid for tickets sold under this section if the reseller fails to obtain the tickets:
(i)    Within 24 hours after the approximate date of delivery specified in subsection (b)(2) of this section, but before the commencement of the event for which the tickets were sold; or
(ii)    In conformity with the disclosures required under this section.
(2)    A reseller shall make a refund required under this subsection not later than 10 days after the final day of the event for which the tickets were sold.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 3 - Unfair, Abusive, or Deceptive Trade Practices › Section 13-312 - Certification in Subpoena in Compliance With 1-304 of the Financial Institutions Article

Any subpoena served on an entity which issues a credit card to a person in this State for information relating to the person’s account shall contain a certification that complies with § 1-304 of the Financial Institutions Article.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 3 - Unfair, Abusive, or Deceptive Trade Practices › Section 13-313 - Fire Resistant Insulating Material

(a)    A person may not sell or distribute cellulose or foam insulating material which is intended ultimately for the installation in a permanent or temporary household or residence, unless the insulating material meets minimum standards of fire retardancy established by the State Fire Prevention Commission or the federal government.
(b)    The standards of fire retardancy shall be based on the results of tests conducted by a recognized fire testing laboratory approved by the State Fire Marshal.
(c)    A person who sells or distributes cellulose or foam insulating material shall file with the State Fire Marshal a statement, on a form prescribed by the State Fire Marshal, for each brand and type of insulating material sold or distributed by the person, that the brand or type meets the fire retardancy standards established by the State Fire Prevention Commission or the federal government.
(d)    (1)    The Attorney General and the State Fire Marshal shall each enforce this section under the enforcement powers provided in this title and in the Public Safety Article.
(2)    The fire department of Baltimore City shall report to the Division of Consumer Protection any violation of this section which it finds.
(e)    Any person who knowingly and willfully violates the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $5,000.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 3 - Unfair, Abusive, or Deceptive Trade Practices › Section 13-314 - Work-at-Home Advertisements

A person who places any advertisement that represents that any person can earn money at home by stuffing or addressing envelopes, mailing circulars, clipping newspaper or magazine articles, or performing similar work:
(1)    Shall pay compensation to others for performing the represented tasks; and
(2)    May not require the person who will perform the represented tasks to advance any monetary payment or deposit to the person who placed the advertisement on any instructional booklets, brochures, kits, programs or similar information materials, mailing lists, directories, memberships in cooperative associations, or other items or services.
2023 Maryland Statutes › Commercial Law › Title 13 - Consumer Protection Act › Subtitle 3 - Unfair, Abusive, or Deceptive Trade Practices › Section 13-316 - Mortgage Servicers

(a)    (1)    In this section the following terms have the meanings indicated.
(2)    “Mortgage” includes a mortgage, deed of trust, security agreement, or other lien on 1 to 4 family residential real estate located in this State.
(3)    “Servicer” means a person responsible for collection and payment of principal, interest, escrow, and other moneys under an original mortgage.
(b)    Within 7 days of acquiring mortgage servicing, a servicer shall send to the mortgagor a written notice containing the following information regarding the mortgage on the date of transfer:
(1)    The name, address, and telephone number of the new servicer and the address where mortgage payments are to be forwarded;
(2)    The principal balance and escrow balance;
(3)    The telephone number of the contact designated under subsection (c) of this section;
(4)    The responsibilities of the contact under subsection (c) of this section; and
(5)    A statement that the servicer’s violation of this section will result in the servicer being held liable under subsection (e) of this section.
(c)    (1)    A servicer shall designate a contact to whom mortgagors may direct complaints and inquiries.
(2)    The contact shall respond in writing to each written complaint or inquiry within 15 days if requested.
(d)    (1)    A servicer shall make timely payments of the taxes or insurance premiums due under the mortgage so long as the mortgagor has paid an amount sufficient to pay the tax or insurance premium due and, with regard to the taxes, so long as the servicer is in possession of either the tax bill or notice from the taxing authority.
(2)    A servicer shall make timely payment of the water and sewer facilities assessments due under a lien on the residential real property for public water and wastewater facilities provided that:
(i)    The mortgagor has paid an amount sufficient to pay the assessment due; and
(ii)    The servicer is in possession of the assessment bill.
(e)    (1)    If a servicer fails to comply with any provision of this section, the servicer is liable for any economic damages caused by the violation.
(2)    The penalties provided in this section are in addition to any other applicable remedies.
(f)    A servicer shall provide a toll–free telephone number through which any borrower residing in this State may direct telephone inquiries on outstanding loans during regular business hours.