Unfair, abusive, or deceptive trade practices include any: False, falsely disparaging, or misleading oral or written statement, visual description, or other representation of any kind which has the capacity, tendency, or effect of deceiving or misleading consumers; Representation that: Consumer goods, consumer realty, or consumer services have a sponsorship, approval, accessory, characteristic, ingredient, use, benefit, or quantity which they do not have; A merchant has a sponsorship, approval, status, affiliation, or connection which he does not have; Deteriorated, altered, reconditioned, reclaimed, or secondhand consumer goods are original or new; or Consumer goods, consumer realty, or consumer services are of a particular standard, quality, grade, style, or model which they are not; Failure to state a material fact if the failure deceives or tends to deceive; Disparagement of the goods, realty, services, or business of another by a false or misleading representation of a material fact; Advertisement or offer of consumer goods, consumer realty, or consumer services: Without intent to sell, lease, or rent them as advertised or offered; or With intent not to supply reasonably expected public demand, unless the advertisement or offer discloses a limitation of quantity or other qualifying condition; False or misleading representation of fact which concerns: The reason for or the existence or amount of a price reduction; or A price in comparison to a price of a competitor or to one’s own price at a past or future time; Knowingly false statement that a service, replacement, or repair is needed; False statement which concerns the reason for offering or supplying consumer goods, consumer realty, or consumer services at sale or discount prices; Deception, fraud, false pretense, false premise, misrepresentation, or knowing concealment, suppression, or omission of any material fact with the intent that a consumer rely on the same in connection with: The promotion or sale of any consumer goods, consumer realty, or consumer service; A contract or other agreement for the evaluation, perfection, marketing, brokering or promotion of an invention; or The subsequent performance of a merchant with respect to an agreement of sale, lease, or rental; Solicitations of sales or services over the telephone without first clearly, affirmatively, and expressly stating: The solicitor’s name and the trade name of a person represented by the solicitor; The purpose of the telephone conversation; and The kind of merchandise, real property, intangibles, or service solicited; Use of any plan or scheme in soliciting sales or services over the telephone that misrepresents the solicitor’s true status or mission; Use of a contract related to a consumer transaction which contains a confessed judgment clause that waives the consumer’s right to assert a legal defense to an action; Use by a seller, who is in the business of selling consumer realty, of a contract related to the sale of single family residential consumer realty, including condominiums and town houses, that contains a clause limiting or precluding the buyer’s right to obtain consequential damages as a result of the seller’s breach or cancellation of the contract; Violation of a provision of: This title; An order of the Attorney General or agreement of a party relating to unit pricing under Title 14, Subtitle 1 of this article; Title 14, Subtitle 2 of this article, the Maryland Consumer Debt Collection Act; Title 14, Subtitle 3 of this article, the Maryland Door–to–Door Sales Act; Title 14, Subtitle 9 of this article, Kosher Products; Title 14, Subtitle 10 of this article, Automotive Repair Facilities; Section 14–1302 of this article; Title 14, Subtitle 11 of this article, Maryland Layaway Sales Act; Section 22–415 of the Transportation Article; Title 14, Subtitle 20 of this article; Title 14, Subtitle 15 of this article, the Automotive Warranty Enforcement Act; Title 14, Subtitle 21 of this article; Section 18–107 of the Transportation Article; Title 14, Subtitle 22 of this article, the Maryland Telephone Solicitations Act; Title 14, Subtitle 23 of this article, the Automotive Crash Parts Act; Title 10, Subtitle 6 of the Real Property Article; Title 14, Subtitle 25 of this article, the Hearing Aid Sales Act; Title 14, Subtitle 26 of this article, the Maryland Door–to–Door Solicitations Act; Title 14, Subtitle 31 of this article, the Maryland Household Goods Movers Act; Title 14, Subtitle 32 of this article, the Maryland Telephone Consumer Protection Act; Title 14, Subtitle 34 of this article, the Social Security Number Privacy Act; Title 14, Subtitle 37 of this article, the Online Child Safety Act; Section 14–1319, § 14–1320, or § 14–1322 of this article; Section 7–304 or § 8–801 of the Criminal Law Article; Title 7, Subtitle 3 of the Real Property Article, the Protection of Homeowners in Foreclosure Act; Title 6, Subtitle 13 of the Environment Article; Section 7–405(e)(2)(ii) of the Health Occupations Article; Title 12, Subtitle 10 of the Financial Institutions Article; Title 19, Subtitle 7 of the Business Regulation Article; Section 15–311.3 of the Transportation Article; Section 14–1324 of this article; Section 14–1326 of this article; The federal Military Lending Act; The federal Servicemembers Civil Relief Act; Section 11–210 of the Education Article; Title 14, Subtitle 44 of this article; Section 14–905 of the Real Property Article; Section 14–1327 of this article; Title 14, Subtitle 13 of the Public Safety Article; Section 12–6C–09.1 of the Health Occupations Article; Title 14, Subtitle 45 of this article; Title 14, Subtitle 46 of this article; Title 14, Subtitle 47 of this article; Title 14, Subtitle 48 of this article; Title 14, Subtitle 49 of this article; Section 14–2904 of this article; Title 14, Subtitle 50 of this article; Section 13–411.1(c)(2) of the Transportation Article; Section 14–1329 of this article; Section 14–1330 of this article; Title 7, Subtitle 4B of the Health Occupations Article; Section 21–259.2 of the Health – General Article; Title 14, Subtitle 15A of this article; Title 5, Subtitle 7B of the Business Regulation Article; or Section 14–1332 of this article; or Act or omission that relates to a residential building and that is chargeable as a misdemeanor under or otherwise violates a provision of the Energy Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article.

Any practice prohibited by this title is a violation of this title, whether or not any consumer in fact has been misled, deceived, or damaged as a result of that practice.

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: The sale, lease, rental, loan, or bailment of any consumer goods, consumer realty, or consumer services; The offer for sale, lease, rental, loan, or bailment of consumer goods, consumer realty, or consumer services; The offer for sale of course credit or other educational services; The extension of consumer credit; The collection of consumer debts; or 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.

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.

This section does not apply to: Trading stamps, as defined by § 13–101 of the Business Regulation Article; State lottery tickets issued under the authority of Title 9, Subtitle 1 of the State Government Article; Retail promotions, not involving the offer of gifts and prizes, which offer savings on consumer goods or services including “one–cent sales”, “two–for–the–price–of–one–sales”, or manufacturer’s “cents–off” coupons; Games of skill competition not involving sales promotion efforts; or A savings promotion raffle conducted by a depository institution under § 1–211 of the Financial Institutions Article. A person may not notify any other person by any means, as part of an advertising scheme or plan, that the other person has won a prize, received an award, or has been selected or is eligible to receive anything of value if the other person is required to purchase goods or services, pay any money to participate in, or submit to a sales promotion effort. In addition to the exceptions provided in subsection (a) of this section, subsection (b) of this section does not prohibit the offer of prizes requiring the person to purchase other goods and services if the retail price of the prize offered does not exceed the greater of: $40; or The lesser of: 20% of the purchase price of the goods or services that must be purchased; or $400. The exception provided in subsection (c) of this section does not apply to the offer of a prize requiring the person either to pay any money to participate in or to submit to a sales promotion effort, or to a prize promotion involving the award of prizes by chance. When a person offers prizes in a sales promotion effort relating to the sale, lease, or rental of real property not prohibited by this section, that person shall disclose to each offeree, in writing, clearly and conspicuously: That the purpose of the sales promotion effort is to solicit the purchase, lease, or rental of real property; The exact number of each prize offered in each category to be made available during the sales promotion; The manufacturer’s suggested retail price or comparable retail price of each prize offered; If calculable in advance, the odds against winning each prize; or If not calculable in advance, a statement to that effect, or that the odds of winning will be determined by the number of entries; Whether all prizes offered will be awarded and when a determination of winners will be made; and If prizes with retail prices or monetary values in excess of $100 are offered, where and when a list of winners of those prizes can be obtained. Where provisions of law or regulations relating to the awarding of prizes in the sale, lease, or rental of real property exist, including § 11A–119 of the Real Property Article, the provisions of those laws or regulations shall apply if the provisions are more stringent than this section. If a person offers a contest, sweepstakes, or other sales promotion effort not prohibited by this section, involving the award of prizes by chance, that person shall disclose to each offeree in writing: The exact number of each prize offered in each category to be made available during the contest, sweepstakes, or sales promotion; The manufacturer’s suggested retail price, or comparable retail price, of each prize offered; If calculable in advance, the odds against winning each prize and if not calculable in advance, a statement that the odds of winning will be determined by the number of entries; Whether all prizes offered will be awarded and when a determination of winners will be made; What, if any, conditions must be met in order to receive a prize; If prizes with retail prices or monetary values in excess of $100 are offered, where and when a list of winners of those prizes can be obtained; and That in order to receive the prize offered in the sales promotion you may not be required to: Purchase goods or services; Pay any money; or Where applicable, submit to a sales promotion effort. If a person offers a contest, sweepstakes, or other sales promotion effort not prohibited by this section, not involving the award of prizes by chance, that person shall disclose to each offeree in writing: The manufacturer’s suggested retail price, or comparable retail price of each prize offered; What, if any, conditions must be met in order to receive a prize; and That in order to receive the prize offered in the sales promotion you may not be required to: Purchase goods or services, unless the retail price of the prize is within the limits set by subsection (c) of this section; Pay any money; or Where applicable, submit to a sales promotion effort. The disclosures shall appear on the first page of the prize notification document.

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: Give the customer a certificate which states in unequivocal language that: The customer has complied with the conditions which entitle him to receive the gift or other inducement; and The offeror will give the customer an identical or substantially similar item of equal value on presentment of the certificate; and Fully comply with the terms of the certificate. 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.

In this section the following terms have the meanings indicated. “Home appliance” means any device the retail cost of which exceeds $100 and which is generally used in a private residence; “Home appliance” includes an air conditioner, washing machine, dishwasher, television set, stereo set, oil burner, and any similar item. “Repair company” means any person who repairs home appliances for a fee or consideration. 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: The hourly labor rate; The time actually used to repair the home appliance; The itemized cost of any new parts used to repair the home appliance; 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 Any other charges. This section does not apply if: The repair work is done under a service contract; or A flat price or firm estimate is given before repair of the home appliance.

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. 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. The fire department of Baltimore City shall report to the Division any violation of this section which it finds. 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.

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. 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.

This section does not apply to nonprofit organizations. 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.

In this section the following words have the meanings indicated. “Resale” means the second or subsequent sale of a ticket. “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. “Reseller” means a person engaged in the resale of tickets. “Secondary ticket exchange” means an electronic marketplace that enables a person to sell, purchase, and resell tickets. “Speculative ticket” means a ticket that is not in the actual or constructive possession of a reseller at the time of sale, advertisement, or listing. “Speculative ticket” includes a ticket sold by a reseller that, at the time of resale: Is not in the physical possession of the reseller; Is not owned by the reseller; or Is not under contract to be transferred to the reseller. “Ticket” means physical, electronic, or other evidence, that grants the possessor of the evidence license to enter a place of entertainment for one or more events at a specified date and time. “Ticket issuer” means a person that, directly or indirectly, issues initial tickets for an entertainment event. “Ticket issuer” includes: A musician or musical group; An operator of a venue; A sponsor or a promoter of an entertainment event; A sports team participating in an entertainment event; A sports league whose teams are participating in an entertainment event; A theater company; A marketplace operated for consumers to make an initial purchase of tickets; or An agent of any of the persons listed in items 1 through 7 of this subparagraph. This subsection applies only to secondary ticket exchanges, ticket issuers, and resellers. The listing for a ticket and each step of a transaction to purchase a ticket shall: Clearly and conspicuously disclose the total price of the ticket, including all fees and taxes other than shipping costs that are not determinable at a step in the transaction; Provide an itemized listing of all charges that comprise the total price of the ticket, including all fees and taxes; and Identify the seat number and zone or section of the ticket, to the extent applicable to the seat and venue. The total price of a ticket under paragraph (2)(i) of this subsection may be increased in a noninitial step of a transaction by the amount of reasonable shipping costs for physically delivered tickets. The shipping costs allowed under subparagraph (i) of this paragraph may vary with the purchaser’s location relative to the shipment’s location of origin and the delivery method selected by the purchaser. The total price of the ticket, including all fees, taxes, and shipping costs, shall be clearly and conspicuously disclosed prior to final purchase of the ticket. A reseller may not sell or offer to sell speculative tickets. A secondary ticket exchange may not provide a marketplace for the sale or resale of a ticket that violates this section. A ticket issuer, secondary ticket exchange, or reseller who directly engages in a sales transaction with a purchaser for the purchase of a ticket shall provide the purchaser with a full refund of the total amount paid, including the price of the ticket and any fees and taxes, if: The ticket purchased is counterfeit; The event for which the ticket is purchased is canceled; or The ticket fails to conform to the description as advertised or represented to the purchaser by the seller.

A seller may not require as a condition of sale of any merchandise that the purchaser of the merchandise enter into a contract for the service of that merchandise.

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.

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. 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. 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. 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. The fire department of Baltimore City shall report to the Division of Consumer Protection any violation of this section which it finds. 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.

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: Shall pay compensation to others for performing the represented tasks; and 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.

A person may not sell or install a temperature activated attic fan unless the fan has a preset, nonadjustable firestat or a fusible link.

In this section the following terms have the meanings indicated. “Mortgage” includes a mortgage, deed of trust, security agreement, or other lien on 1 to 4 family residential real estate located in this State. “Servicer” means a person responsible for collection and payment of principal, interest, escrow, and other money under an original mortgage. 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: The name, address, and telephone number of the new servicer and the address where mortgage payments are to be forwarded; The principal balance and escrow balance; The telephone number of the contact designated under subsection (c) of this section; The responsibilities of the contact under subsection (c) of this section; and A statement that the servicer’s violation of this section will result in the servicer being held liable under subsection (e) of this section. A servicer shall designate a contact to whom mortgagors may direct complaints and inquiries. The contact shall respond in writing to each written complaint or inquiry within 15 days if requested. 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. 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: The mortgagor has paid an amount sufficient to pay the assessment due; and The servicer is in possession of the assessment bill. If a servicer fails to comply with any provision of this section, the servicer is liable for any economic damages caused by the violation. The penalties provided in this section are in addition to any other applicable remedies. 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.

Except as provided in subsection (b) of this section, as a condition of accepting a credit card or device as payment for consumer credit, goods, realty, or services, a person may not record the address or telephone number of the credit card holder. A person may record the address or telephone number of a credit card holder if: The information is necessary for: The shipping, delivery, or installation of consumer goods; or Special orders of consumer goods or services; Authorization from the credit card issuer as to the availability of credit is not required by the issuer to complete the credit card transaction; or The person processes credit card transactions by mailing transaction forms to a designated bankcard center for settlement. A person accepting a credit card or device as payment for consumer credit, goods, realty, or services may request that the credit card holder display a form of identification.

In this section the following words have the meanings indicated. “Draft” does not include a credit or debit card sales draft. “Drawer” means the individual who makes or signs a check or other draft. Subject to the provisions of subsection (c) of this section, as a condition of accepting a check or other draft as payment for consumer credit, goods, realty, or services, a person may not request or record the account number of any credit card of the drawer of the check or other draft. The provisions of this section do not prohibit a person from: Requesting the drawer to display a credit card for purposes only of identification or credit worthiness; Requesting or recording the type or issuer of a credit card of the drawer; or Recording the number and expiration date of a credit card if the person requesting the information has agreed with the credit card issuer to cash checks as a service to the issuer’s cardholders and the issuer has agreed to guarantee payment of cardholder checks cashed by that person.

If a merchant advertises a rebate for consumer goods that is available only if a consumer mails in a rebate form, the advertisement shall clearly state that the rebate is only available by mail.

A private career school or for–profit institution of higher education, as defined under § 10–101 of the Education Article, or a for–profit institution of higher education that is required to register with the Maryland Higher Education Commission under § 11–202.2 of the Education Article, may not enroll a student in a program that is intended to lead to employment in a field that requires licensure or certification in the State if: Successful completion of the educational course offerings in the program at the private career school or for–profit institution of higher education will not meet the State educational requirements for licensure or certification; The State entity that licenses or certifies individuals in the field requires as a condition of licensure or certification that the private career school or for–profit institution of higher education attended by the individual satisfies a statutory or regulatory requirement, and the school does not satisfy the requirement; or The private career school or for–profit institution of higher education is aware or reasonably should have been aware of any other factors that may lead to the ineligibility of the student to pursue or obtain licensure or certification in the State. Before a prospective student signs an enrollment agreement, completes registration, or makes a financial commitment to a private career school, for–profit institution of higher education, or for–profit institution of higher education that is required to register with the Commission, the school or institution shall provide to the student the following information: The total cost of attendance for the program, as defined in 20 U.S.C. § 1087ll; The length of the program; The number of clock or credit hours, or the equivalent information; The school’s or institution’s cancellation and refund policy; The program’s completion rates for both full–time and part–time students; The program’s withdrawal rates; The median combined loan debt for federal loans, institutional loans, and private loans certified by the school or institution, for all students who completed the program during the most recently completed award year; The placement rate for the program, if the school or institution is required by its accrediting agency to calculate a placement rate for the program, or the school or institution, or both, using the required methodology of the accrediting agency; Whether the program satisfies the applicable educational prerequisites for professional licensure or certification in the State; and The median earnings of former students of the school or institution who received federal financial aid at 10 years after entering the school or institution, as reported on the College Scorecard, if available. The information described under paragraph (1) of this subsection shall be prominently displayed: In a letter or e–mail to a prospective student that does not contain: Information about a program other than the program in which the student has expressed interest; or Any other substantive information; and On the website of each school or institution that is available to a prospective student without the necessity of providing any personal information about the student. The school or institution shall maintain records of the school’s or institution’s efforts to provide the information described under paragraph (1) of this subsection to a prospective student for at least 5 years after the student enrolls at the school or institution.

In this section the following words have the meanings indicated. “Consent” has the meaning stated in § 14–4701 of this article. “Dynamic pricing” means the discriminatory practice of offering or setting a personalized price for a good or service that is specific to a consumer based on the consumer’s personal data, regardless of whether the seller collected or purchased the personal data. “Food retailer” means a merchant that operates a business establishment that: Has a minimum of 15,000 square feet; and Sells food that is exempt from the sales and use tax in accordance with § 11–206(c) of the Tax – General Article. “Personal data” has the meaning stated in § 14–4701 of this article. “Protected class data” means information about an individual or group of individuals that, alone or in combination, directly or by implication identifies a characteristic that is legally protected from discrimination under the laws of the State or under federal law. “Third–party delivery service provider” means a merchant that facilitates as a consumer service the delivery of food that is exempt from the sales and use tax in accordance with § 11–206(c) of the Tax – General Article. “Third–party delivery service provider” does not include a food retailer. This subsection does not apply to: Using promotional pricing offers, loyalty program benefits, or other temporary discounts or changes to pricing related to retention of existing customers; Setting a different price based on objective costs attributable to providing consumer goods or services to different consumers, such as a difference in price caused by shipping costs or taxes based on a consumer’s physical location; Setting a different price based on costs or differences in supply or demand associated with providing or selling a good or service in different locations or geographies; Setting a different price based on costs associated with the availability or supply of the good or service; Offering a price to a consumer through a loyalty, membership, or rewards program in which any consumer may voluntarily enroll or consent to participate; Offering a price to a consumer in connection with a subscription–based contract or agreement; Offering a price to a consumer who consents to providing personal data or other information in exchange for obtaining the price; Correcting a price resulting from a pricing error; or Resetting a price following a system or network outage. A food retailer or third–party delivery service provider may not: Engage in dynamic pricing to set a higher price for food that is exempt from the sales and use tax in accordance with § 11–206(c) of the Tax – General Article for a specific consumer; or Use personal data to set a higher price for food that is exempt from the sales and use tax under § 11–206(c) of the Tax – General Article for a single consumer. A food retailer or third–party delivery service provider may not use protected class data to offer, advertise, or sell a consumer good or service to a consumer for whom the protected class data pertains if the use of the protected class data has the effect of withholding or denying from the consumer an accommodation, an advantage, or a privilege accorded to others. Before initiating an enforcement action under Subtitle 4 of this title for a violation of this section, the Division shall issue a notice of violation to the alleged violator. The Division shall provide the alleged violator 45 days after the notice of violation is received to cure the violation. If the alleged violator cures the violation within the time period specified under paragraph (2) of this subsection, the Division may not initiate an enforcement action for a violation of this section. This section may not be construed to authorize a private right of action under this section or any other law.