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<section number="2-146" name="Unlawful practices" law="code" slug="sec-2-146" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_2AD_DIV8COPR_SD1GE_S2-146UNPR">
  <level label="a">
    <text>The following practices and conduct are declared to be unlawful in connection with the sale or advertisement of any merchandise or service, or in connection with the borrowing of money or extension of credit, whether or not any person has, in fact, been misled, deceived or damaged thereby:</text>
    <level label="1">
      <text>The act, use or practice by any person of any deception, fraud, false promise, or material misrepresentation;</text>
    </level>
    <level label="2">
      <text>The concealment, suppression or omission of any material fact which was known or should have been known to the merchant or lender;</text>
    </level>
    <level label="3">
      <text>The unreasonable detention of any monies, bailment or chattel personal;</text>
    </level>
    <level label="4">
      <text>The harassment or threatening of any person by telephone, cards, letters, or any other means or the contacting of any person's employer for delinquent indebtedness. Nothing in this Subsection shall prevent the use of legal process in the collection of debts;</text>
    </level>
    <level label="5">
      <text>The arbitrary refusal or termination of the credit of a natural person without explanation and without allowing such person to correct errors in his credit records;</text>
    </level>
    <level label="6">
      <text>Unconscionable trade practice which shall mean a practice which takes unfair advantage of the lack of knowledge, ability, experience or capacity of a consumer which results in a gross disparity in the rights of a consumer as against the merchant or results in a gross disparity between the value received by a consumer and the price paid by the consumer;</text>
    </level>
    <level label="7">
      <text>Failure of any merchant to honor any express warranty or any implied warranty as provided by State law to repair any merchandise except real estate. A rebuttable presumption that the merchandise is irreparable shall be raised when the merchant is notified within a reasonable time after the consumer discovers or should have discovered the disrepair and when the merchant has been given a reasonable opportunity to repair. In such a case the merchandise, at the election of the consumer, shall be either exchanged, if available, or all costs of purchase refunded, less ordinary wear and tear, if used. Finance charges are not to be included as a part of the cost of purchase.</text>
    </level>
    <level label="8">
      <text>Failure of the vendor of a residential condominium unit to provide to the initial purchaser thereof all disclosure requirements as required pursuant to Section 11-126 of the Real Property Article of the Annotated Code of Maryland, as it may be from time to time amended.</text>
    </level>
    <level label="9">
      <text>Violation of prohibited acts under Section 5-272 of Subtitle 5, Division 21, of the Prince George's County Code.</text>
    </level>
  </level>
  <level label="b">
    <text>The provisions of Subsection (a) shall apply to all services licensed under Division 21 of Subtitle 5 of the Prince George's County Code.</text>
  </level>
  <level label="c">
    <text>In addition to Section 2-146(a), the following practices are declared to be unlawful in connection with the ownership and/or management of cemeteries. In determination of unreasonableness as provided for and required herein, the Director shall, among other factors, consider the practices, policies, rules, regulations, or prices of services of other cemetery authorities in Prince George's County and the Washington and Baltimore Metropolitan Areas and any model rules and regulations recommended by the collective action of the cemetery authorities in Prince George's County:</text>
    <level label="1">
      <text>The establishment by the cemetery authority of any unreasonable policies, practices, rules, regulations, or prices of services for the use, care, management, or protection of the property of the cemetery authority and its burial sites;</text>
    </level>
    <level label="2">
      <text>The establishment of any unreasonable policies, practices, rules, regulations, or price structures that discriminate against any racial, ethnic, or religious group;</text>
    </level>
    <level label="3">
      <text>The use of a contract of sale for burial rights that is not plainly printed or typewritten and retained, subject to inspection in the office of the cemetery authority and available to the consumer upon request, or the failure to provide, prior to the execution of a contract of sale, a current copy of the policies, practices, rules, or regulations and price structures for services of the cemetery;</text>
    </level>
    <level label="4">
      <text>Failure to file by June 1 of each year, an accurate and fully disclosed statement listing all policies, practices, rules, regulations, and pricing structures for services with the Director and failing to inform the Director within thirty (30) days of any change in this report;</text>
    </level>
    <level label="5">
      <text>Failure to allow the owner(s) of burial rights in a cemetery or the owner of cemetery goods and services to transfer, sell, or convey the same to any person or association, provided however, that nothing herein shall preclude the cemetery authority from placing reasonable restrictions on resale if said restrictions are included in the owner's sales contract and the cemeteries' rules and regulations. This paragraph shall not be applicable to those cemeteries owned and operated by municipal corporations;</text>
    </level>
    <level label="6">
      <text>The gross neglect of uniform maintenance by the cemetery authority of all of those sections of the cemetery used for interment, provided that the cemetery authority has responsibility for such maintenance as a result of contract or receipt of perpetual or annual care income which is not being used for maintenance, or when such maintenance is required to correct damages caused by an act of the cemetery authority;</text>
    </level>
    <level label="7">
      <text>Where an annual maintenance and/or perpetual fund exists, the refusal to make available an annual and accurate account of such fund to those owners of burial sites for which provision is made for annual maintenance or perpetual care funding;</text>
    </level>
    <level label="8">
      <text>Failure by a cemetery authority to inform a consumer of any rule, regulation, price structure, or other condition which was made a part of the contract of purchase, or which is otherwise applicable to the installation or erection of a foundation, marker, monument, stone, or similar structure;</text>
    </level>
    <level label="9">
      <text>Failure by a cemetery authority to accept markers, monuments, stones, or similar structures in compliance with reasonable regulations of the cemetery authority from outside sources, or to prohibit or by practice interfere with the timely installation of markers, foundations and/or footings, or the installation of their foundations by outside sources, provided that nothing in Section 2-146(c) shall be construed to prohibit a cemetery authority from:</text>
      <level label="A">
        <text>Requiring that the foundation for any markers, monuments, stones, or similar structures installed by outside sources be constructed in accordance with the criteria established and accepted by the cemetery and monument industry for the installation of markers, monuments, stones, or similar structures, providing that rules for installation are the same for third party monument sellers as for the cemetery authority;</text>
      </level>
      <level label="B">
        <text>Designating nonmonument areas or burial sites of any cemetery prior to the sale of such designated areas or burial sites; or</text>
      </level>
      <level label="C">
        <text>Contracting with a consumer for a sale of a marker, monument, stone, or similar structure, provided that the consumer is advised in writing prior to entering such contract of sale that he is otherwise permitted to make such purchases from outside sources.</text>
      </level>
    </level>
    <level label="10">
      <text>Discrimination and/or harassment by the cemetery authority against the installation of markers, monuments, stones, or similar structures purchased from any source other than the cemetery authority.</text>
    </level>
    <level label="11">
      <text>Failure of a cemetery authority to disclose to the purchaser of cemetery goods and services all information required under the Federal Trade Commission Funeral Rule, as such information applies to the purchaser of cemetery goods and services; and to provide a disclosure statement in writing and signed by the cemetery authority and the purchaser with a copy provided to the purchaser.</text>
    </level>
    <level label="12">
      <text>Failure of a cemetery authority to include in its disclosure the phone number and address for the local regulatory agency.</text>
    </level>
    <level label="13">
      <text>Failure of a cemetery authority to retain for a period of three years after the delivery of all purchased cemetery goods and services a copy of the signed and dated Disclosure Statement for each purchaser of cemetery goods and services.</text>
    </level>
    <level label="14">
      <text>Failure of a cemetery authority to file with the Director by June 1 of each year and to maintain and display, at the point of sales, a map or plat which identifies the Section name, Lot number, and Site number of each burial site and which clearly identifies each burial site which contains human remains and each burial site which has been sold.</text>
    </level>
    <level label="15">
      <text>Failure of a cemetery authority to record on each contract for a burial site the Section name, Lot number, and Site number of each burial site.</text>
    </level>
    <level label="16">
      <text>Failure of a cemetery authority to engrave, etch, or cast, or cause to be engraved, etched, or cast, the Section name, Lot number, and Site number of each burial site upon each marker or monument.</text>
    </level>
  </level>
  <level label="d">
    <text>In addition to Section 2-146(a), the following practices are declared to be unlawful in connection with the practice of funeral direction or the practice of mortuary science, as those practices are defined in the Health Occupation Article of the Annotated Code of Maryland:</text>
    <level label="1">
      <text>Failure of a person to make disclosure to the purchaser of funeral direction or mortuary services of all information required to be made by the Federal Trade Commission, as those requirements may be from time to time amended;</text>
    </level>
    <level label="2">
      <text>Failure of a provider of funeral direction or mortuary services to retain for a period of three years a copy of the signed and dated Federal Trade Commission Disclosure Form for each purchaser of funeral direction or mortuary services.</text>
    </level>
  </level>
  <level label="e">
    <text>The following practices and conduct are declared to be unlawful, unfair and deceptive in connection with actions by landlords with respect to rental housing:</text>
    <level label="1">
      <text>Failure of the landlord to correct substandard living conditions of their rental properties.</text>
    </level>
    <level label="2">
      <text>Landlord's misleading advertising of amenities of their rental properties.</text>
    </level>
    <level label="3">
      <text>Landlord's failure to maintain essential services required on their rental properties.</text>
    </level>
    <level label="4">
      <text>Unwarranted fees assessed by landlords upon tenants in their rental properties.</text>
    </level>
    <level label="5">
      <text>Persistent housing violations by landlords on their rental properties.</text>
    </level>
  </level>
</section>
