# Commercial Law (GCL)

## Title 13. Consumer Protection Act

### Subtitle 2. Division of Consumer Protection; Consumer Council

#### Section 13-201

(a) There is a Division of Consumer Protection in the Office of the Attorney General.

(b) The Division shall administer this subtitle.

#### Section 13-202

(a)

  (1) There is a Consumer Protection Commission in the Division.

  (2) The Commission 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 Commission 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)

    (i) 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.

    (ii) A member serves until his successor is appointed and qualified.

    (iii) An appointment to a vacancy in an unexpired term is limited to the remainder of that term.

  (4) The members shall serve without compensation, but shall be reimbursed for all expenses reasonably incurred.

  (5) The Commission shall elect annually a chair from among its members and appoint a secretary.

#### Section 13-203

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.

#### Section 13-204

(a) In addition to any other of its powers and duties, the Division has the powers and duties to:

  (1) Receive and investigate complaints from any person affected by any potential or actual violation of this title;

  (2) Initiate its own investigation of any unfair or deceptive trade practice;

  (3) In accordance with Sec. 13-402 of this title, conciliate all matters covered by this title;

  (4) In accordance with Sec. 13-403 of this title, issue a cease and desist order with respect to any practice found by the Division to be an unfair or deceptive trade practice;

  (5) In cooperation with the Maryland Department of Labor, suspend or revoke the license of any merchant who refuses to cease and desist from engaging in an unfair or deceptive trade practice;

  (6) Report to the appropriate law enforcement officer any information concerning violations of any consumer protection law;

  (7) Assist, advise, and cooperate with local and federal agencies and officials to protect and promote the interests of consumers in the State;

  (8) Assist, develop, and conduct programs of consumer education and information through publications and other materials prepared for distribution to consumers;

  (9) Undertake activities to encourage business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion, and sale or lease or rental of consumer goods, consumer realty, and consumer services and in the extension of consumer credit;

  (10) Assess against any violator of this title the costs of investigation by the Division and damages which flow from the improper, incomplete or untimely restitution by the violator to the consumer of money, property, or other thing received from the consumer in connection with a violation of this title;

  (11) Exercise and perform any other function, power, and duty appropriate to protect and promote the welfare of consumers;

  (12) In accordance with Sec. 13-205 of this subtitle, adopt rules, regulations, and standards which:

    (i) Are necessary to assure the orderly operation of the Division; and

    (ii) Further define unfair or deceptive trade practices for purposes of this title;

  (13) Enter into reciprocal agreements with consumer protection agencies of other states, in which each state mutually agrees to receive and investigate complaints from the foreign state's consumer protection agency on behalf of their consumers against businesses in the receiving and investigating state;

  (14) Maintain a list of nonprofit organizations that:

    (i) Solely offer counseling or advice to homeowners in foreclosure or loan default; and

    (ii) Are not directly or indirectly related to and do not contract for services with for-profit lenders or foreclosure purchasers, as defined in Sec. 7-301 of the Real Property Article;

  (15)

    (i) Bring a civil action for damages or an action under this title against a person who violates Sec. 8-801 of the Criminal Law Article on behalf of a victim of the offense or, if the victim is deceased, the victim's estate;

    (ii) Recover damages under this item for property loss or damage; and

    (iii) If the Division prevails in an action brought under this item, recover the costs of the action for the use of the Office of the Attorney General; and

  (16)

    (i) Bring a civil action for damages or an action under this title on behalf of a susceptible adult or older adult who is authorized to bring a cause of action under Sec. 13-603 of the Estates and Trusts Article; and

    (ii) If the Division prevails in an action brought under this item, recover the costs of the action for the use of the Office of the Attorney General.

(b) A conviction for an offense under Sec. 8-801 of the Criminal Law Article is not a prerequisite for maintenance of an action under subsection (a)(15) of this section.

#### Section 13-205

(a)

  (1) After obtaining the advice of the Consumer Protection Commission 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.

#### Section 13-206

(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.

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Md. Code Ann., Com. Law (as displayed at mgaleg.maryland.gov, October 16, 2026)