<?xml version='1.0' encoding='utf-8'?>
<section article="gcl" article_name="Commercial Law" number="13-410" title_number="13" title_name="Consumer Protection Act" subtitle_number="4" subtitle_name="Enforcement and Penalties">
  <level label="a">
    <text>A merchant who engages in a violation of this title is subject to a fine not exceeding $10,000 for each violation.</text>
  </level>
  <level label="b">
    <text>A merchant who has been found to have engaged in a violation of this title and who subsequently repeats the same violation is subject to a fine not exceeding $25,000 for each subsequent violation.</text>
  </level>
  <level label="c">
    <text>The fines provided for in subsections (a) and (b) of this section are civil penalties and are recoverable by the State in a civil action or an administrative cease and desist action under § 13–403(a) and (b) of this subtitle or after an administrative hearing has been held under § 13–403(d)(3) and (4) of this subtitle.</text>
  </level>
  <level label="d">
    <text>The Consumer Protection Division shall consider the following in setting the amount of the penalty imposed in an administrative proceeding:</text>
    <level label="1">
      <text>The severity of the violation for which the penalty is assessed;</text>
    </level>
    <level label="2">
      <text>The good faith of the violator;</text>
    </level>
    <level label="3">
      <text>Any history of prior violations;</text>
    </level>
    <level label="4">
      <text>Whether the amount of the penalty will achieve the desired deterrent purpose; and</text>
    </level>
    <level label="5">
      <text>Whether the issuance of a cease and desist order, including restitution, is insufficient for the protection of consumers.</text>
    </level>
  </level>
</section>
