reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 38 - Refund Anticipation Loans and Checks › Section 14-3805 - Oral Disclosures

(a)    At the time a consumer applies through a facilitator for a refund anticipation loan, the facilitator orally shall inform the consumer:
(1)    That the product is a loan that lasts 1 to 2 weeks;
(2)    That if the consumer’s tax refund is less than expected, the consumer is liable for the full amount of the refund anticipation loan and must repay any difference;
(3)    The amount of the refund anticipation loan fee; and
(4)    The annual percentage rate payable on the refund anticipation loan.
(b)    At the time a consumer applies through a facilitator for a refund anticipation check, the facilitator orally shall inform the consumer:
(1)    Of the amount of the refund anticipation check; and
(2)    That the consumer may receive a tax refund in the same amount of time without paying a fee if the consumer’s tax return is filed electronically and the consumer direct deposits the tax refund into the consumer’s own bank account.
(c)    The disclosures required by this section shall be provided in the language primarily used for oral communication between the facilitator and the consumer.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 38 - Refund Anticipation Loans and Checks › Section 14-3806 - Prohibited Acts by Facilitator

(a)    A facilitator may not:
(1)    Require a consumer to enter into a loan agreement in order to complete a tax return;
(2)    Charge any fee to a consumer or require any other consideration for making or facilitating a refund anticipation loan or refund anticipation check other than the fee imposed by the creditor or other person that provides the refund anticipation loan or refund anticipation check;
(3)    Engage in a transaction, practice, or course of business that operates a fraud on a consumer in connection with a refund anticipation loan or refund anticipation check, including making oral statements that contradict any of the information required to be disclosed under this subtitle;
(4)    Arrange, directly or indirectly, for any third party to charge any interest or fee related to a refund anticipation loan or refund anticipation check, other than the refund anticipation loan or refund anticipation check fee imposed by the creditor, including charges for insurance, attorney’s fees, collection costs, or check cashing;
(5)    Misrepresent a material fact or condition of a refund anticipation loan or refund anticipation check; or
(6)    Fail to process an application for a refund anticipation loan promptly after the consumer applies for the refund anticipation loan.
(b)    Subsection (a)(2) of this section does not prohibit a charge or fee, including a fee for tax return preparation, that is imposed by a facilitator on all of its customers if the same charge or fee, in the same amount, is imposed on customers who do not receive refund anticipation loans, refund anticipation checks, or other tax–related financial products.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 38 - Refund Anticipation Loans and Checks › Section 14-3807 - Violations; Penalties; Liabilities

(a)    A violation of this subtitle is:
(1)    An unfair or deceptive trade practice within the meaning of Title 13 of this article; and
(2)    Subject to the enforcement and penalty provisions contained in Title 13 of this article.
(b)    In addition to the remedies provided under Title 13 of this article, a facilitator who willfully fails to comply with any provision of this subtitle is liable to the consumer for:
(1)    Actual and consequential damages;
(2)    Statutory damages in the amount of $1,000; and
(3)    Reasonable attorney’s fees and costs.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 39 - Transparency in Consumer Arbitrations Act › Section 14-3901 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Arbitration activity” means the initiation, conduct, sponsorship, or administration of, or the appointment of an arbitrator in, a consumer arbitration.
(c)    “Arbitration organization” means a nongovernmental association, agency, board, commission, corporation, or other entity that performs arbitration activities.
(d)    “Consumer” means an individual who is:
(1)    A resident of the State; and
(2)    An actual or prospective purchaser or lessee of any goods, services, real property, or credit primarily for personal, family, or household purposes.
(e)    (1)    “Consumer arbitration” means a binding arbitration conducted in accordance with a consumer arbitration agreement.
(2)    “Consumer arbitration” does not include:
(i)    A binding arbitration conducted in accordance with the provisions of a policy of property insurance, casualty insurance, or surety insurance, as those terms are defined in § 1–101 of the Insurance Article;
(ii)    An arbitration governed by rules adopted by a securities self–regulatory organization and approved by the United States Securities and Exchange Commission under federal law; or
(iii)    An arbitration between a consumer and a related institution that is licensed by the Maryland Department of Health, if the consumer arbitration agreement between the consumer and the related institution is not mandated as a condition of admission of the consumer to the related institution.
(f)    (1)    “Consumer arbitration agreement” means a standardized contract that:
(i)    Is between a consumer and another person who is not a consumer;
(ii)    Provides for the sale or lease of any goods, services, real property, or credit primarily for personal, family, or household purposes; and
(iii)    Requires that disputes arising under the contract be submitted to binding arbitration.
(2)    “Consumer arbitration agreement” does not include a public or private sector collective bargaining agreement.
(g)    “Related institution” has the meaning stated in § 19–301 of the Health – General Article.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 39 - Transparency in Consumer Arbitrations Act › Section 14-3903 - Information Regarding Consumer Arbitration

(a)    An arbitration organization subject to this subtitle shall collect, publish, and make available to the public the following information regarding each consumer arbitration for which it performed an arbitration activity during the preceding 5–year period:
(1)    If the nonconsumer party is a corporation or other business entity, the name of that party;
(2)    Whether the dispute involved goods, services, real property, or credit;
(3)    The type of claim or cause of action alleged;
(4)    Whether the consumer or nonconsumer party was the prevailing party;
(5)    The number of times during the reporting period that the nonconsumer party has been a party in a consumer arbitration for which the arbitration organization performed an arbitration activity;
(6)    Whether the consumer party was represented by an attorney and, if so, the name of the attorney;
(7)    The date the arbitration organization received the demand for the consumer arbitration, the date the arbitrator was appointed, and the date of disposition by the arbitrator or arbitration organization;
(8)    If known, the type of disposition of the dispute, including withdrawal, abandonment, settlement, award after hearing, award without hearing, default, or dismissal without hearing;
(9)    The amount of the claim, the amount of the award, and any other relief granted;
(10)    The name of the arbitrator, the arbitrator’s total fee for conducting the consumer arbitration, and the percentage of the arbitrator’s fee allocated to each party; and
(11)    The address of the premises where the consumer arbitration was conducted.
(b)    (1)    The information required under subsection (a) of this section:
(i)    Shall be reported beginning on the first day of the month immediately following the month an arbitration organization becomes subject to this subtitle; and
(ii)    Shall be updated at least quarterly thereafter.
(2)    An arbitration organization that becomes subject to this subtitle before July 1, 2016, shall report the information required under subsection (a) of this section to the extent it is available.
(c)    The information required under subsection (a) of this section shall be made available to the public:
(1)    In a computer–searchable format that:
(i)    Is accessible at the Internet Web site of the arbitration organization; and
(ii)    May be downloaded without a fee; and
(2)    In writing:
(i)    On request; and
(ii)    At a fee that does not exceed the actual cost to the arbitration organization of copying the information.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 39 - Transparency in Consumer Arbitrations Act › Section 14-3904 - Information to Be Used in Determination of Unenforceability of Consumer Arbitration Agreement

The information provided by an arbitration organization under § 14–3903 of this subtitle may be considered in determining whether a consumer arbitration agreement is unconscionable or otherwise unenforceable under law.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 39 - Transparency in Consumer Arbitrations Act › Section 14-3905 - General Provisions

(a)    An arbitration organization is not liable for collecting, publishing, or distributing the information required under § 14–3903 of this subtitle.
(b)    Failure to comply with § 14–3903 of this subtitle:
(1)    May not be the sole reason to refuse to enforce an award made in a consumer arbitration; and
(2)    May be considered as a factor in determining whether a consumer arbitration agreement is unconscionable or otherwise unenforceable under law.
(c)    (1)    A consumer or the Attorney General may seek an injunction to prohibit an arbitration organization that has engaged in or is engaging in a violation of § 14–3903 of this subtitle from continuing or engaging in the violation.
(2)    The arbitration organization is liable to the person bringing the action for an injunction for the person’s reasonable attorney’s fees and costs if:
(i)    The court issues the injunction; or
(ii)    The arbitration organization voluntarily complies with § 14–3903 of this subtitle after the action is filed.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 40 - Interference With Internet Ticket Sales › Section 14-4001 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Entertainment event” means:
(i)    A performance;
(ii)    A recreation;
(iii)    An amusement;
(iv)    A diversion;
(v)    A spectacle;
(vi)    A show; or
(vii)    Any similar event.
(2)    “Entertainment event” includes:
(i)    A theatrical or musical performance;
(ii)    A concert;
(iii)    A film;
(iv)    A game;
(v)    A ride; and
(vi)    A sporting event.
(c)    (1)    “Lower–level domain name” means the portion of text in a URL that is to the left of top–level domains such as .com, .net, or .org.
(2)    “Lower–level domain name” includes:
(i)    A second–level domain name;
(ii)    A third–level domain name; and
(iii)    Any other subdomain name.
(d)    “Ticket” means a ticket for admission to an entertainment event.
(e)    “Ticket website” means a website:
(1)    Advertising the sale or resale of tickets;
(2)    Offering the sale or resale of tickets; or
(3)    Facilitating a secondary ticket exchange or electronic marketplace that enables consumers to sell, purchase, and resell tickets to an entertainment event in the State.
(f)    “URL” means the Uniform Resource Locator for a website.
(g)    “Venue” means a theater, a stadium, a field, a hall, a convention center, a fairground, or any other facility where an entertainment event takes place.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 40 - Interference With Internet Ticket Sales › Section 14-4002 - Interference With Internet Ticket Sales Prohibited

A person may not intentionally sell or use software to circumvent a security measure, an access control system, or any other control or measure on a ticket seller’s Web site that is used to ensure an equitable ticket buying process.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 40 - Interference With Internet Ticket Sales › Section 14-4003 - Use of Lower-Level Domain Name in Url Prohibited

(a)    This section does not apply to a person who is acting on behalf of a venue.
(b)    A person who owns, operates, or controls a ticket website may not use in the URL of the ticket website a lower–level domain name that contains:
(1)    The name of the venue for which the ticket grants admission;
(2)    The name of the entertainment event, including the name of an individual or a group scheduled to perform or appear at the event; or
(3)    A name substantially similar to the name in item (1) or (2) of this subsection.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 40 - Interference With Internet Ticket Sales › Section 14-4004 - Violations; Penalties

A violation of this subtitle is:
(1)    An unfair or deceptive trade practice within the meaning of Title 13 of this article; and
(2)    Subject to the enforcement and penalty provisions contained in Title 13 of this article.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 41 - Financial Consumer Protection › Section 14-4103 - Civil Actions

Whenever the Office and the Commissioner consider it appropriate, the Office and the Commissioner shall use their authority under § 1042 of the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010 to bring civil actions or other appropriate proceedings authorized under the Act.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 41 - Financial Consumer Protection › Section 14-4104 - Annual Appropriations

(a)    (1)    For fiscal year 2020 and each fiscal year thereafter, the Governor shall include an appropriation of at least $700,000 in general funds in the State budget for the Office for the purposes of enforcement of:
(i)    Consumer protection laws under this title;
(ii)    Consumer protection laws under Title 13 of this article; and
(iii)    Financial consumer protection laws.
(2)    The Office shall use the funds under paragraph (1) of this subsection for:
(i)    Staffing costs associated with hiring new employees; and
(ii)    Investigations of alleged violations of consumer protection laws in the State.
(b)    (1)    For fiscal year 2020 and each fiscal year thereafter, the Governor shall include an appropriation of at least $300,000 in general funds in the State budget for the Commissioner for the purposes of enforcement of financial consumer protection laws.
(2)    The Commissioner shall use the funds under paragraph (1) of this subsection for:
(i)    Staffing costs associated with hiring new employees; and
(ii)    Investigations of alleged violations of consumer protection laws in the State.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 42 - Mobile Home Retail Sales › Section 14-4201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Commissioner” means the Commissioner of Financial Regulation in the Maryland Department of Labor.
(c)    “Consumer borrower” means an individual receiving a loan or other extension of credit for personal, household, or family purposes.
(d)    “Mobile home” has the meaning stated in § 11–501 of the Financial Institutions Article.
(e)    “Mobile home retailer” means a person that:
(1)    Sells mobile homes at retail;
(2)    Provides information regarding financing products to a borrower for the purchase of a mobile home; and
(3)    Is not:
(i)    A mortgage lender, as defined in § 11–501 of the Financial Institutions Article; or
(ii)    A mortgage originator, as defined in § 11–601 of the Financial Institutions Article.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 42 - Mobile Home Retail Sales › Section 14-4202 - Duty of Good Faith and Fair Dealing With Prospective Borrower

(a)    In this section, “steer” means, in connection with a consumer credit transaction secured by a mobile home, to direct a prospective consumer borrower to complete a transaction in any way based on the fact that a mobile home retailer will receive compensation, directly or indirectly, from a lender or credit grantor that is in excess of any compensation or gain received in a comparable cash transaction.
(b)    A mobile home retailer:
(1)    Has a duty of good faith and fair dealing in providing financial information to a prospective consumer borrower, including providing financial information in a manner that is not misleading or deceptive and that discloses all material facts;
(2)    May not steer a prospective consumer borrower to financing products that offer less favorable terms; and
(3)    Shall provide a written statement to a prospective consumer borrower in accordance with § 14–4203 of this subtitle.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 42 - Mobile Home Retail Sales › Section 14-4203 - Statement Provided by Mobile Home Retailer

(a)    (1)    The statement required under § 14–4202(b)(3) of this subtitle shall be on a form prescribed by the Commissioner by regulation.
(2)    If the form prescribed by the Commissioner is included in other documents provided by the mobile home retailer to a prospective consumer borrower, the form shall be conspicuous, such as through the use of a different font or separated with a box around it.
(b)    The statement required under § 14–4202(b)(3) of this subtitle shall include:
(1)    A disclosure that describes any corporate affiliation between the mobile home retailer and a financing source about which the mobile home retailer provides information to the prospective consumer borrower;
(2)    A disclosure that the prospective consumer borrower may obtain financing from any lender and is not required to obtain financing from a lender suggested by the mobile home retailer; and
(3)    Information regarding the rights of a prospective consumer borrower under this subtitle and the procedure for filing a complaint with the Commissioner.
(c)    The mobile home retailer shall provide the statement required under § 14–4202(b)(3) of this subtitle:
(1)    To a prospective consumer borrower at the time the mobile home retailer provides information to the prospective consumer borrower regarding financing or potentially available lenders; and
(2)    By posting the statement in a prominent location at all of the mobile home retailer’s places of business and on the mobile home retailer’s website, if any.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 43 - Senior and Vulnerable Adult Asset Recovery Unit › Section 14-4303 - Purpose of Unit -- Legal Actions

(a)    The purpose of the Unit is to protect seniors and vulnerable adults from financial crimes under § 8–801 of the Criminal Law Article.
(b)    The Unit may bring a civil action under § 13–204(a)(15) of this article or § 11–209(a) of the Corporations and Associations Article for damages against a person who violates § 8–801 of the Criminal Law Article.
(c)    A conviction for an offense under § 8–801 of the Criminal Law Article is not a prerequisite for maintenance of an action under subsection (b) of this section.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 43 - Senior and Vulnerable Adult Asset Recovery Unit › Section 14-4304 - Funding of Unit -- Use of Funds

(a)    For fiscal year 2022 and each fiscal year thereafter, the Governor shall include in the State budget at least $250,000 to carry out this subtitle.
(b)    At the direction of the Attorney General, the Unit shall use the funds included in the State budget under subsection (a) of this section to:
(1)    Hire new staff for the Unit; and
(2)    Investigate and assist the Unit in bringing civil actions.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 44 - Genetic Information Privacy Act › Section 14-4401 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Biological sample” means a material part or a derivative of or discharge from a material part of a human known to contain DNA.
(2)    “Biological sample” includes human tissue, blood, urine, and saliva.
(c)    “Deidentified data” means data that:
(1)    Cannot reasonably be:
(i)    Used to infer information about a consumer; or
(ii)    Linked to an identifiable consumer; and
(2)    Is subject to:
(i)    Administrative and technical measures to ensure that the data cannot be associated with a particular consumer;
(ii)    Public commitment by the company to maintain and use data in a deidentifiable form and not attempt to reidentify data; and
(iii)    Legally enforceable contractual obligations that prohibit a recipient of the data from attempting to reidentify the data.
(d)    “Direct–to–consumer genetic testing company” means an entity that:
(1)    Offers genetic testing products or services directly to a consumer; or
(2)    Collects, uses, or analyzes genetic data that resulted from a direct–to–consumer genetic testing product or service that was provided to the company by a consumer.
(e)    “DNA” means deoxyribonucleic acid.
(f)    “Express consent” means an affirmative response by a consumer to a specific, discrete, freely given, and unambiguous notice regarding the collection, use, or disclosure of the consumer’s genetic data for a specific purpose.
(g)    (1)    “Genetic data” means data, in any format, that concerns the genetic characteristics of a consumer.
(2)    “Genetic data” includes:
(i)    Raw sequence data that result from sequencing of a consumer’s complete extracted DNA or a portion of the consumer’s complete extracted DNA;
(ii)    Genotypic and phenotypic information that results from analyzing raw sequence data;
(iii)    Information extrapolated, derived, or inferred from the analysis of raw sequence data; and
(iv)    Self–reported health information submitted to a direct–to–consumer genetic testing company by a consumer regarding the consumer’s health conditions:
1.    That is used for scientific research or product development; and
2.    Analyzed in connection with the consumer’s raw sequence data.
(3)    “Genetic data” does not include deidentified data.
(h)    “Genetic testing” means a laboratory test of the complete DNA, regions of DNA, chromosomes, genes, or gene products of a consumer to determine the genetic characteristics of the consumer.
(i)    “Marketing” does not include the providing customized content or offers on the websites or through the applications or services provided by the direct–to–consumer genetic testing company with the first–party relationship to the consumer.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 44 - Genetic Information Privacy Act › Section 14-4402 - Subtitle Inapplicable

This subtitle does not apply to:
(1)    Protected health information that is collected by a covered entity or business associate as defined in 45 C.F.R. Parts 160 and 164; or
(2)    Genetic data or biological samples collected for the purpose of research, as defined in 45 C.F.R. 164.501, that is conducted in accordance with:
(i)    The federal policy for the protection of human subjects established in 45 C.F.R. Part 46;
(ii)    The Good Clinical Practice Guidelines issued by the International Council for Harmonisation; or
(iii)    The U.S. Food and Drug Administration Protection of Human Subjects under 21 C.F.R. Parts 50 and 56.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 44 - Genetic Information Privacy Act › Section 14-4403 - Clear and Complete Information Provided to Consumer -- Publication of Information

(a)    A direct–to–consumer genetic testing company shall provide a consumer with clear and complete information regarding the company’s policies and procedures for collecting, using, or disclosing genetic data, including:
(1)    A high–level overview of the company’s privacy policy that includes basic and essential information about how the company collects, uses, and discloses genetic data; and
(2)    A privacy notice that, at a minimum, includes information about the company’s data collection, consent, use, access, disclosure, transfer, security, and retention and deletion practices.
(b)    The information required to be provided under subsection (a) of this section shall be:
(1)    Made publicly available; and
(2)    Placed in a prominent area of the direct–to–consumer genetic testing company’s website.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 44 - Genetic Information Privacy Act › Section 14-4404 - Consumer Consents Required

A direct–to–consumer genetic testing company, at a minimum, shall obtain the following consents from a consumer before collecting, using, or disclosing the consumer’s genetic data:
(1)    Initial express consent that clearly:
(i)    Describes the uses of the genetic data collected through the genetic testing product or service; and
(ii)    Specifies:
1.    Who has access to the results of the genetic testing; and
2.    How the genetic data may be shared;
(2)    Express consent for transferring or disclosing the consumer’s genetic data to a person other than the company’s vendors and service providers;
(3)    Express consent for using genetic data beyond the primary purpose of the genetic testing product or service requested by the consumer;
(4)    Express consent for the retention of a biological sample provided by the consumer after the initial testing service requested by the consumer is completed;
(5)    Express consent to be marketed to by:
(i)    The direct–to–consumer genetic testing company based on the consumer’s genetic data; and
(ii)    A third party based on the consumer having ordered or purchased a genetic testing product or service; and
(6)    Informed consent in compliance with the federal policy for the protection of human research subjects for transfer or disclosure of the consumer’s genetic data to third parties for research purposes or research conducted under the control of the company for the purpose of publication or generalizable knowledge.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 44 - Genetic Information Privacy Act › Section 14-4405 - Disclosing Genetic Data to Law Enforcement or Other Government Agency -- Protection Against Unauthorized Access or Disclosure -- Disclosure of Consumer's Genetic Data Without Consent Prohibited

(a)    A direct–to–consumer genetic testing company shall establish legal policies and processes for disclosing genetic data to law enforcement or another government agency without a consumer’s express written consent.
(b)    A direct–to–consumer genetic testing company shall develop, implement, and maintain a comprehensive security program to protect consumers’ genetic data against unauthorized access, use, or disclosure.
(c)    A direct–to–consumer genetic testing company shall establish a process for a consumer to:
(1)    Access the consumer’s genetic data;
(2)    Delete the consumer’s account and genetic data; and
(3)    Request the destruction of the consumer’s biological sample.
(d)    Notwithstanding any other provisions of law, a direct–to–consumer genetic testing company may not, without the consumer’s written consent, disclose a consumer’s genetic data to:
(1)    An entity offering health insurance, life insurance, disability insurance, or long–term care insurance; or
(2)    An employer of the consumer.
2023 Maryland Statutes › Commercial Law › Title 14 - Miscellaneous Consumer Protection Provisions › Subtitle 44 - Genetic Information Privacy Act › Section 14-4406 - Enforcement and Penalty Provisions for Violations -- Pursuit of Other Remedies

(a)    A violation of this section is an unfair, abusive, or deceptive trade practice within the meaning of Title 13 of this article and is subject to the enforcement and penalty provisions contained in Title 13 of this article.
(b)    This section does not prevent an individual from pursuing any other remedy provided by law.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 1 - Preferences and Priorities in Insolvency; Assignment for Benefit of Creditors › Section 15-102 - Priorities in Insolvency

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(3)    “Wages” means all remuneration paid to any employee for his employment, including the cash value of all remuneration paid in any medium other than cash.
(b)    The property of an insolvent who makes an assignment for the benefit of creditors or who has his property taken by a receiver under a decree of a court in an insolvency proceeding shall be applied to the following, in the order stated:
(1)    Costs and expenses of the administration of the trust or insolvency proceeding which the court approves;
(2)    Wages of an employee and health, welfare, and pension contributions contracted for in place of wages, earned not more than three months before the assignment or institution of the insolvency proceeding;
(3)    Lien claims of the State, a county, municipal corporation, or other political subdivision of the State perfected or recorded before the assignment or institution of the insolvency proceeding, and claims of persons having judicial liens on property of the insolvent recorded more than four months before the assignment or institution of the insolvency proceeding;
(4)    Unsecured claims of individuals, to the extent of $900 for each individual, arising from the deposit, before the commencement of the case, of money in connection with the purchase, lease, or rental of property, or the purchase of services, for the personal, family, or household use of the individuals, that were not delivered or provided;
(5)    Rent for any interest in real property in the State due not more than three months before the execution of the assignment or institution of the insolvency proceeding;
(6)    Charges in connection with the transportation of goods advanced by one common carrier to another on behalf of a consignor or consignee not more than three months before the assignment or institution of the insolvency proceeding;
(7)    Taxes not included in paragraph (3) of this subsection; and
(8)    Claims of unsecured creditors.
(c)    For the purpose of subsection (b)(1) of this section, the landlord’s claim for rent for any interest in real property in this State due not more than three months before the execution of the assignment or institution of the insolvency proceeding shall be considered a perfected lien on the distrainable property of the insolvent to the same extent as if distress for rent was levied by the landlord before the assignment or the institution of the insolvency proceeding.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 2 - Fraudulent Conveyances › Section 15-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Assets” means property of a debtor not exempt from liability for his debts.
(2)    “Assets” includes any property to the extent that the property is liable for any debts of a debtor.
(c)    “Conveyance” includes every payment of money, assignment, release, transfer, lease, mortgage, or pledge of tangible or intangible property, and also the creation of any lien or incumbrance.
(d)    “Creditor” means a person who has any claim, whether matured or unmatured, liquidated or unliquidated, absolute, fixed, or contingent.
(e)    “Debt” includes any legal liability, whether matured or unmatured, liquidated or unliquidated, absolute, fixed, or contingent.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 2 - Fraudulent Conveyances › Section 15-202 - Insolvency

(a)    A person is insolvent if the present fair market value of his assets is less than the amount required to pay his probable liability on his existing debts as they become absolute and matured.
(b)    In determining if a partnership is insolvent, there shall be added to the partnership property:
(1)    The present fair market value of the separate assets of each general partner in excess of the amount probably sufficient to meet the claims of his separate creditors; and
(2)    The amount of any unpaid subscription to the partnership of each limited partner, if the present fair market value of the assets of the limited partner is probably sufficient to pay his debts, including the unpaid subscription.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 2 - Fraudulent Conveyances › Section 15-203 - Fair Consideration

Fair consideration is given for property or an obligation, if:
(1)    In exchange for the property or obligation, as a fair equivalent for it and in good faith, property is conveyed or an antecedent debt is satisfied; or
(2)    The property or obligation is received in good faith to secure a present advance or antecedent debt in an amount not disproportionately small as compared to the value of the property or obligation obtained.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 2 - Fraudulent Conveyances › Section 15-204 - Conveyance by Insolvent

Every conveyance made and every obligation incurred by a person who is or will be rendered insolvent by it is fraudulent as to creditors without regard to his actual intent, if the conveyance is made or the obligation is incurred without a fair consideration.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 2 - Fraudulent Conveyances › Section 15-205 - Conveyance by Person in Business

Every conveyance made without fair consideration when the person who makes it is engaged or is about to engage in a business or transaction for which the property remaining in his hands after the conveyance is an unreasonably small capital, is fraudulent as to creditors and other persons who become creditors during the continuance of the business or transaction without regard to his actual intent.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 2 - Fraudulent Conveyances › Section 15-206 - Conveyance by a Person About to Incur Debts

Every conveyance made and every obligation incurred without fair consideration when the person who makes the conveyance or who enters into the obligation intends or believes that he will incur debts beyond his ability to pay as they mature, is fraudulent as to both present and future creditors.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 2 - Fraudulent Conveyances › Section 15-207 - Conveyance Made With Intent to Defraud

Every conveyance made and every obligation incurred with actual intent, as distinguished from intent presumed in law, to hinder, delay, or defraud present or future creditors, is fraudulent as to both present and future creditors.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 2 - Fraudulent Conveyances › Section 15-208 - Conveyance of Partnership or Limited Liability Company Property

(a)    Every conveyance of partnership property and every partnership obligation incurred when the partnership is or will be rendered insolvent by it, is fraudulent as to partnership creditors, if the conveyance is made or the obligation is incurred to:
(1)    A partner, whether with or without a promise by him to pay partnership debts, unless the conveyance or obligation represents fair and reasonable compensation for services provided or to be provided by the partner to the partnership and the services are provided or will be provided within 120 days before or after the date the conveyance is made or the obligation is incurred; or
(2)    A person not a partner, without fair consideration to the partnership as distinguished from consideration to the individual partners.
(b)    Every conveyance of limited liability company property and every limited liability company obligation incurred when the limited liability company is or will be rendered insolvent by it, is fraudulent as to creditors of the limited liability company, if the conveyance is made or the obligation is incurred to:
(1)    A member, whether with or without a promise by him to pay the limited liability company’s debts, unless the conveyance or obligation represents fair and reasonable compensation for services provided or to be provided by the member to the limited liability company and the services are provided or will be provided within 120 days before or after the date the conveyance is made or the obligation is incurred; or
(2)    A person not a member, without fair consideration to the limited liability company as distinguished from consideration to the individual members.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 2 - Fraudulent Conveyances › Section 15-209 - Rights of Creditor Whose Claim Has Matured

(a)    If a conveyance or obligation is fraudulent as to a creditor whose claim has matured, the creditor, as against any person except a purchaser for fair consideration without knowledge of the fraud at the time of the purchase or one who has derived title immediately or immediately from such a purchaser, may:
(1)    Have the conveyance set aside or obligation annulled to the extent necessary to satisfy the claim; or
(2)    Levy on or garnish the property conveyed as if the conveyance were not made.
(b)    In an action to have a conveyance set aside or an obligation annulled, it is not necessary as a condition to the granting of relief that the creditor first obtain judgment on the claim.
(c)    A purchaser who without actual fraudulent intent has given less than a fair consideration for the conveyance or obligation may retain the property or obligation as security for repayment.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 2 - Fraudulent Conveyances › Section 15-210 - Rights of Creditor Whose Claim Has Not Matured

(a)    If a conveyance made or obligation incurred is fraudulent as to a creditor whose claim has not matured, he may proceed in a court of competent jurisdiction against any person against whom he could have proceeded had his claim matured.
(b)    In the proceeding, the court may:
(1)    Restrain the defendant from disposing of his property;
(2)    Appoint a receiver to take charge of the property;
(3)    Set aside the conveyance or annul the obligation; or
(4)    Enter any order which the circumstances of the case require.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 2 - Fraudulent Conveyances › Section 15-210.1 - Foreclosure Sales

A conveyance is not fraudulent as to a creditor if, conducted in accordance with applicable law, the conveyance results from:
(1)    A foreclosure sale;
(2)    A sale to enforce a statutory lien;
(3)    A judicial sale; or
(4)    A sale of property under levy.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 2 - Fraudulent Conveyances › Section 15-211 - Cases Not Provided for in Subtitle

In any case not provided for in this subtitle, the rules of law and equity, including the law merchant, the law of principal and agent, and the effect of fraud, misrepresentation, duress or coercion, mistake, bankruptcy, or other invalidating cause, shall govern.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 2 - Fraudulent Conveyances › Section 15-213 - Certain Statutes Not Repealed

This subtitle does not repeal the law relating to:
(1)    Fraudulent conveyances from one spouse to the other, as provided in §§ 4-205, 4-206, and 4-301 of the Family Law Article;
(2)    Priorities and preferences in insolvency, as provided in Subtitle 1 of this title; or
(3)    Bulk transfers, as defined in Title 6 of this article.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 3 - Assignment of Wages › Section 15-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Assignment” includes every transfer, sale, pledge, mortgage, or hypothecation, however made or attempted, of the wages of a person or any interest in them.
(2)    “Assignment” does not include an authorization by a borrower or his guarantor or surety for payroll deductions to repay a loan made by a state or federally chartered credit union to a credit union member.
(c)    “County” includes Baltimore City.
(d)    “Court” means the District Court for the county where an assignor resides.
(e)    “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.
(f)    “Wages” means all remuneration paid to any employee for his employment, including the cash value of all remuneration paid in any medium other than cash.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 3 - Assignment of Wages › Section 15-302 - Requisites of Assignment

(a)    An assignment of wages is not valid unless:
(1)    The assignment is:
(i)    In writing;
(ii)    Signed and acknowledged by the assignor before a notary public in and for the county where he resides; and
(iii)    Entered the same day on the docket of the court by the clerk; and
(2)    Within three days from the execution and acknowledgment of the assignment, a copy of the assignment with the certificate of acknowledgment is served on the assignor’s employer in the same manner as the Maryland Rules provide for service of a summons.
(b)    An assignment of wages by a married person is not valid unless also executed and acknowledged by the assignor’s spouse in the manner required by subsection (a) of this section.
(c)    An assignment of wages to be earned in whole or in part more than six months after the making of the assignment is void.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 3 - Assignment of Wages › Section 15-303 - Proof of Service on Employer

(a)    Proof of the service made in accordance with § 15-302(a)(2) of this subtitle shall be by written admission of the assignor’s employer on the original assignment.
(b)    Within two days from the date of service, the original assignment with the employer’s written admission shall be filed with the clerk of the court.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 3 - Assignment of Wages › Section 15-304 - Affidavit as to Interest on Loan

The assignor’s acknowledgment of assignment shall include his affidavit stating that he has not paid and will not pay directly or indirectly on any sum borrowed, an effective rate of simple interest, as defined in § 12-101 of this article, of more than 6 percent per annum.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 3 - Assignment of Wages › Section 15-305 - Injunction

(a)    If an assignee files or threatens to file an action to enforce any assignment of wages which does not comply with any provision of this subtitle, on petition of the assignor or his employer, a court of equity may enjoin the threatened or attempted enforcement of the assignment.
(b)    The fact that a petitioner has a complete and adequate remedy at law does not constitute a defense to the maintenance of an action in equity to enjoin the threatened or attempted enforcement of the assignment.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 4 - Assignment of Debts › Section 15-401 - Subrogation of Surety

If a surety in any bond or other obligation for the payment of money or a promissory note, or the endorser of a protested draft, pays or tenders the money due on it in full, he is entitled to an assignment of it and, by virtue of the assignment, may maintain an action in his name against the principal debtor.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 4 - Assignment of Debts › Section 15-402 - Action by Assignee on Obligation Under Seal

(a)    Subject to the provisions of subsection (d) of this section, the assignee of a bond or other obligation under seal which was assigned under the assignor’s signature and seal, may maintain an action in his name against the obligor named in the bond or other obligation.
(b)    Except as provided in subsection (c) of this section, if the assignee cannot recover the debt from the obligor because the obligor is unable to pay it or cannot be found, or for any other reason, the assignee may maintain an action against the obligee, unless the assignee is a surety in the bond or other obligation.
(c)    If because of the negligence or default of the assignee, he cannot recover the debt from the obligor, the assignee may not maintain an action against the obligee.
(d)    An action may not be maintained by the assignee against the obligor unless the obligee certifies before a notary public, in writing on the bond or other obligation, that at the time of the assignment the obligor still owed the amount for which the action is filed.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 5 - Assignment of Claims to Nonresidents › Section 15-501 - Prohibition Against Certain Assignments or Transfers

(a)    It is unlawful for a creditor who is a citizen of the State to assign or transfer a claim against a resident of the State:
(1)    For the purpose of having the claim collected by attachment in a court outside the State; or
(2)    With the intent to deprive the debtor of his rights under the laws of the State which exempt his wages or property from execution.
(b)    The provisions of this section do not apply if the creditor, the debtor, or the person owing the money to be attached is not within the jurisdiction of the courts of this State.
2023 Maryland Statutes › Commercial Law › Title 15 - Debt Collection -- Special Provisions › Subtitle 5 - Assignment of Claims to Nonresidents › Section 15-502 - Liability of Creditor for Assigned or Transferred Debt

(a)    If the creditor assigns or transfers the debt to a nonresident in violation of § 15-501 of this subtitle and the debt is collected by the assignee outside the State, the creditor is liable to the debtor for the full amount of the debt including collected interest and costs. In addition, the creditor forfeits his right to exempt his own wages or property from execution if a writ of execution is issued against him for collection of these amounts.
(b)    Proof of the fact of the assignment or transfer, whether or not for value, to a nonresident assignee is prima facie evidence of the creditor’s intent to deprive the debtor of his rights under the laws of the State which exempt his wages or property from execution.