Title 14. Miscellaneous Consumer Protection Provisions — Subtitle 13. Miscellaneous Provisions

Sale of or offer or attempt to sell merchandise for cash or credit; or

Service or offer for service which relates to any person, building, or equipment.

Building repair or improvement service;

Subprofessional service;

Repair of a motor vehicle, home appliance, or other similar commodity; and

Repair, installation, or other servicing of any plumbing, heating, electrical, or mechanical device.

In this section the following words have the meanings indicated.

“Amounts paid by the debtor” shall include all amounts paid by the debtor and any remaining amount due under the contract.

“Business arrangement” means any understanding, procedure, course of dealing, or arrangement, formal or informal, between a creditor and a seller, in connection with the sale of goods or services to consumers or the financing thereof.

“Consumer” means a natural person who seeks or acquires goods or services for personal, family, or household use.

“Consumer credit contract” means any instrument which evidences or embodies a debt arising from a “purchase money loan” transaction or a “financed sale” as defined in paragraphs (9) and (11) of this subsection.

“Contract” means any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for cooperative or concerted activity in connection with the sale of goods or services to consumers or the financing thereof.

“Credit card issuer” means a person who extends to cardholders the right to use a credit card in connection with purchases of goods or services.

“Creditor” means a person who, in the ordinary course of business, lends purchase money or finances the sale of goods or services to consumers on a deferred payment basis if that person is not acting, for the purposes of a particular transaction, in the capacity of a credit card issuer.

“Financing a sale” means extending credit to a consumer in connection with a “credit sale” within the meaning of the Truth in Lending Act and Regulation Z.

“Person” means an individual, corporation, or any other business organization.

“Purchase money loan” means a cash advance which is received by a consumer in return for a “finance charge” within the meaning of the Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a purchase of goods or services from a seller who (i) refers consumers to the creditor or (ii) is affiliated with the creditor by common control, contract, or business arrangement.

“Seller” means a person who, in the ordinary course of business, sells goods or services to consumers.

Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, boldface type:

Accept, as full or partial payment for such sale, the proceeds of any purchase money loan, unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, boldface type:

Does not require a consumer credit contract which is a negotiable instrument or which contains any provision pursuant to which the consumer agrees to limit or waive claims or defenses which he may have against the seller as to any holder of the consumer credit contract; and

Does not transfer, sell, pledge or assign a consumer credit contract except under conditions where any transferee is subject to all claims and defenses which the consumer has against the seller to the same extent as provided in this section.

Credit is extended by one regularly engaged in the business of extending credit in credit transactions of the same type;

The creditor acquires a security interest in tangible personal property of the debtor; and

The debt is incurred by an individual primarily for personal, family, or household purposes.

A person may not offer any merchandise for sale in any manner or by any means if the offer includes the voluntary and unsolicited sending of merchandise not actually ordered or requested by the recipient orally or in writing.

If a person receives any merchandise offered for sale in violation of this subsection, it is an unconditional gift to him for all purposes. He may use or dispose of the merchandise in any manner without any obligation on his part to the sender.

If a member of an organization making retail sales of merchandise to its members notifies the organization by registered or certified mail, return receipt requested, of his termination of membership, any unordered merchandise sent to the member after 30 days following execution of the return receipt by the organization is an unconditional gift to him for all purposes. He may use or dispose of the merchandise in any manner without any obligation on his part to the organization.

This subsection does not relieve a person from liability for damages to which he might otherwise be subject if his termination of membership breaches any agreement with the organization. However, he may not be subject to any damages with respect to the merchandise considered under this subsection to be an unconditional gift to him.

Assumes the risk of its loss, theft, or unauthorized use; and

Is barred from any recovery against the person to whom the card is issued for any damages occasioned by that loss, theft, or unauthorized use.

In this section the following words have the meanings indicated.

“Appliance” means any device used for a specific purpose, including any device run by electrical or mechanical means.

“Service contract” means a contract between the owner of an appliance and another person under which the owner agrees to pay a specified amount of money in exchange for any necessary upkeep or repair to the appliance over a specified period.

“Service contractor” means the person obligated to perform any upkeep or repair under a service contract.

For 15 or more consecutive days; or

For a total of 15 or more days in any 30-day period for the same upkeep or repairs.

During which the owner has possession of the appliance; or

After the day on which the owner receives notice that the service is completed and, without fault of the service contractor, fails to take possession of the appliance.

The safe clearance of structural members, as established by the National Fire Protection Association Pamphlet 89M, “Clearances for Heat Producing Appliances”;

The type of fuel to be burned in the appliance;

Proper starting instructions;

Proper storage of fuel;

Safe disposal of ashes; and

Proper chimney maintenance.

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 any violation of this section to the Division of Consumer Protection.

“Commercial establishment” does not include:

In commercial establishments, portable kerosene heaters may not be located in such a manner as to obstruct exits.

This section shall not be construed to prohibit or allow the prohibition of the demonstration or repair of unvented portable kerosene–fired heaters in any commercial establishment.

In this section the following terms have the meanings indicated.

“Consumer goods” means any new goods used for personal, family, or household purposes where:

“Consumer goods” includes household appliances.

“Extended warranty” means a written warranty that:

“Guarantor” means a person who:

“Manufacturer” includes a manufacturer, its agent, or its authorized dealer.

In this section the following terms have the meanings indicated.

“Acceptor” means a seller, lender, or credit grantor to whom a discharged check was originally issued.

“Discharged check” means a check or other instrument that has been:

Notwithstanding any other provision of this article, if an acceptor requires a buyer or borrower to submit to the acceptor a discharged check, rather than a facsimile thereof, for the purpose of verifying the full or partial payment of the obligation for which the check was issued, the acceptor shall return the discharged check directly to the buyer or borrower when payment or nonpayment has been verified.

An acceptor may not return the discharged check directly to the financial institution on which the discharged check was drawn if the check was submitted to the acceptor under the circumstances outlined in paragraph (1) of this subsection.

The amount of the check; and

Any charges made against the buyer’s or borrower’s account by the financial institution on which the check was drawn if those charges are a direct result of the acceptor’s noncompliance with subsection (b) of this section.

In this section the following words have the meanings indicated.

“Facsimile device” means a machine that receives and copies reproductions or facsimiles of documents or photographs that have been transmitted electronically or telephonically over telecommunications lines.

The Attorney General may initiate a civil action against any person who violates this section to recover for the State a penalty not to exceed $1,000 for each violation.

For the purposes of this section, each prohibited commercial solicitation is a separate violation.

In this section the following words have the meanings indicated.

“Law enforcement agency” means a police department of the State or of a county or municipal corporation of the State.

“Response time” means the period of time from the moment an alarm from a security system is activated to the moment a law enforcement agency responds to the alarm sounding.

“Seller” means a person who sells or offers for sale a security system.

In this section the following words have the meanings indicated.

“Consumer contract” means a contract involving the sale, lease, or provision of goods or services which are for personal, family, or household purposes.

“Contract”, unless specifically provided otherwise, includes consumer, commercial, and business contracts, covenants, leases of any kind, and tariffs on file with any regulatory authority.

The amount of the late fee;

The conditions under which the late fee will be imposed; and

The timing for the imposition of the late fee.

Interest;

A finance charge;

Liquidated damages; or

A penalty.

A late fee included in a consumer contract pursuant to this section is subject to one of the following limitations:

The amount of the late fee under paragraph (1) of this subsection shall be disclosed, in the consumer contract or by notice, in size equal to at least 10-point bold type.

In this section the following words have the meanings indicated.

“Bedding” means a mattress or box spring that:

“Consumer” means an actual or a prospective purchaser of goods that are primarily for personal, household, or family purposes.

“Used” means preowned or having a component that was used previously for any purpose.

Without the consent of the owner of the property; and

With knowledge that the property is consigned.

A person who violates subsection (a) of this section is liable to the owner of the property in a civil action for damages equal to double the value of the property.

An action brought under this section may be brought in the name of either the consignor or consignee of the property.

In this section, “payment device number” means any code, account number, or other means of account access, other than a check, draft, or similar paper instrument, that can be used to obtain money, goods, services, or anything of value, or for purposes of initiating a transfer of funds.

“Payment device number” includes a credit card number and a debit card number.

This section applies only to receipts that are electronically printed in connection with the purchase of consumer goods or consumer services.

This section does not apply to receipts where the sole means of recording the payment device number is by handwriting, imprinting, or copying the payment device.

The Attorney General may initiate a civil action against a person that violates this section to recover for the State a civil penalty not exceeding $25 for each violation.

For the purposes of this section, each instance in which a payment device number or expiration date is printed when prohibited by this section is a separate violation.

In this section, “gift certificate” means a device constructed of paper, plastic, or any other material that is:

“Gift certificate” does not include:

The front or back of the gift certificate;

A sticker permanently affixed to the gift certificate; or

An envelope containing the gift certificate.

Is an unfair 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, except § 13-411 of this article.

Is processed through a national credit or debit card service; and

May be used to purchase goods or services from multiple unaffiliated sellers of goods and services.

With respect to the expiration date, the date on which the gift card expires; and

With respect to a postsale fee:

If a gift card is sold or issued by electronic means, the seller or issuer shall include a conspicuous written statement of the information in the electronic message offering the gift card; and

If a gift card is sold or issued by telephonic means, the seller or issuer, before the gift card is sold, shall state the information to the purchaser.

Is an unfair 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, except § 13-411 of this article.

In this section the following words have the meanings indicated.

“Account” means:

“Consumer goods” has the meaning stated in § 13–101 of this article.

“Consumer services” has the meaning stated in § 13–101 of this article.

“Merchant” has the meaning stated in § 13–101 of this article.

A toll–free telephone number that a consumer may call to cancel the contract; or

An address to which a consumer may write to cancel the contract.

An unfair or deceptive trade practice within the meaning of Title 13 of this article; and

Subject to the enforcement and penalty provisions contained in Title 13 of this article.

In this section the following words have the meanings indicated.

“Billing agent” means a person that submits charges for products or services to a telephone company or reseller on behalf of the person submitting the charges or on behalf of a third–party vendor.

“Customer” means a customer of a telephone company or reseller.

“Express authorization” means an express, affirmative act by an ordering customer in the form of:

“Ordering customer” means a customer or another person ordering services that will appear on the customer’s telephone bill.

“Reseller” means a person that provides wireline telephone voice service by using the transmission facilities of another person.

“Telephone company” means a person that provides wireline telephone voice services.

“Third–party vendor” means an entity not affiliated with a telephone company or reseller that:

Be separate from any solicitation material or entry forms for sweepstakes or contests; and

Include:

The customer has been given notice that the telephone company or reseller may allow third–party vendor billing and that free blocking of certain third–party vendor billing may be available to the customer; and

The customer is provided access to:

Is an unfair or deceptive trade practice under Title 13 of this article; and

Except for the provisions of § 13–411 of this article, is subject to the enforcement and penalty provisions contained in Title 13 of this article.

In this section the following words have the meanings indicated.

“Consumer” means a purchaser, lessee, or recipient of consumer goods, consumer services, or consumer credit.

“Consumer credit”, “consumer goods”, and “consumer services” mean, respectively, credit, goods, and services that are primarily for personal, household, or family purposes.

“Consumer credit contract” means a written agreement for the provision of consumer credit between a person and a consumer who resides in the State.

“Prohibited risk factor” means the identity of:

Triggers a default under the consumer credit contract based on a prohibited risk factor; or

Authorizes a party to the consumer credit contract to use a prohibited risk factor for the purpose of:

An unfair or deceptive trade practice within the meaning of Title 13 of this article; and

Subject to the penalty and enforcement provisions contained in Title 13 of this article.

The photograph or digital image was taken during the arrest or detention of the individual for a criminal or traffic charge or suspected violation of a criminal or traffic law; and

Written request sent by certified mail; or

Electronic mail using an electronic postmark if the operator makes available a secure electronic mail connection on the operator’s website.

An unfair or deceptive trade practice within the meaning of Title 13 of this article; and

Subject to the enforcement and penalty provisions contained in Title 13 of this article.

In this section the following words have the meanings indicated.

“Consumer” means an actual or a prospective purchaser, lessee, or recipient of consumer goods or services.

“Consumer goods or services” means goods or services that are primarily for personal, household, or family purposes.

The seller or lessor;

Employees or agents of the seller or lessor; or

The consumer goods or services.

Threaten or seek enforcement of a contract provision prohibited under subsection (b) of this section; or

Penalize a consumer for making any statement protected under subsection (b) of this section.

That hosts online consumer reviews or comments from removing a statement that is otherwise lawful to remove;

From including in a contract or a proposed contract for the sale or lease of consumer goods or services a provision prohibiting a consumer from disclosing proprietary information, techniques, or processes; or

From bringing an action alleging that a statement made by a consumer is defamatory.

An unfair and deceptive trade practice within the meaning of Title 13 of this article; and

Subject to the enforcement and penalty provisions contained in Title 13 of this article.

In this section the following words have the meanings indicated.

“Caller identification information” means information provided by a caller identification service regarding the telephone number of, or other information regarding the origin of, a call made using a communications service, including a telecommunications, broadband, or interconnected Voice over Internet Protocol service.

“Caller ID spoofing” means the practice of using an application or other technology in connection with a communications service, including a telecommunications, broadband, or interconnected Voice over Internet Protocol service, to knowingly cause any caller identification service to transmit false or misleading caller identification information to an individual receiving a call.

The blocking of caller identification information;

A federal, state, county, or municipal law enforcement agency;

A federal intelligence or security agency; or

A communications service provider, including a telecommunications, broadband, or Voice over Internet Protocol service provider, that is:

An unfair or deceptive trade practice within the meaning of Title 13 of this article; and

Subject to the enforcement and penalty provisions contained in Title 13 of this article.

In this section the following words have the meanings indicated.

“Advanced driver assistance system” means an electronic system that uses automated technology including cameras and sensors to detect nearby obstacles and driver errors to assist a driver in the safe operation of a motor vehicle.

“Motor vehicle” has the meaning stated in Title 11 of the Transportation Article.

“Motor vehicle safety glass facility” means a person that:

“Recalibration” means the readjustment of cameras, sensors, and other technology in an advanced driver assistance system to ensure proper working order in accordance with motor vehicle manufacturer specifications.

Inform the customer if the recalibration of an advanced driver assistance system is required; and

Provide the customer with a written statement that the work to be performed on the motor vehicle will meet or exceed original equipment manufacturer specifications.

Subject to paragraph (2) of this subsection, a motor vehicle safety glass facility is not limited to motor vehicle glass, tooling, equipment, or repair procedures provided by the vehicle manufacturer.

Recalibration of an advanced driver assistance system performed by a motor vehicle safety glass facility shall meet or exceed the motor vehicle manufacturer’s specifications.

A motor vehicle safety glass facility may not charge for services that are not performed or successfully completed.

An unfair, abusive, or deceptive trade practice within the meaning of Title 13 of this article; and

Subject to the enforcement and penalty provisions contained in Title 13 of this article.

In this section the following words have the meanings indicated.

“Consumer” has the meaning stated in § 13–101 of this article.

“Consumer contract” means a contract involving the sale, lease, or provision of goods or services that are for personal, family, or household purposes.

A consumer contract for a service provided by a self–service storage facility, as defined in § 18–501 of this article;

A service regulated by:

A person or business licensed to provide security system services under Title 18 of the Business Occupations and Professions Article.

Except as provided in paragraph (2) of this subsection, the following provisions in a consumer contract are against State public policy, illegal, and void:

A provision in a consumer contract may limit recovery of statutory or punitive damages authorized by federal or State law to the extent of the applicable limit of insurance coverage.

A court:

A defense to liability under the consumer contract may not be based on the provision.

This section shall be construed to apply equally and without favorable treatment to a consumer contract with or without an arbitration provision.

This section may not be construed to:

A provision of this section may not be waived by agreement.

In this section the following words have the meanings indicated.

“Confidential substance” means any ingredient:

“Ingredient” means any intentionally added substance in a menstrual hygiene product that serves a technical or functional purpose in the finished product, including any fragrance or coloring.

“Menstrual hygiene product” means a disposable or reusable product used for the purpose of absorbing or containing menstruation or vaginal discharge, including sanitary pads, tampons, and menstrual cups.

Beginning April 1, 2028, a manufacturer of menstrual hygiene products shall include a list of all ingredients listed in order of predominance and displayed prominently in conspicuous type on each consumer–facing package of menstrual hygiene products sold in the State.

A manufacturer may list a confidential substance by its common name to protect confidentiality.

A convenience check for the sole purpose of accessing an existing credit line of the individual; or

A prescreened firm offer of unsecured credit subject to regulation under the federal Fair Credit Reporting Act.

The check or other negotiable instrument is sent as part of an unsolicited offer to purchase real property.

In this section the following words have the meanings indicated.

“Consumer goods” has the meaning stated in § 13–101 of this article.

“Essential consumer good” means:

“Merchant” has the meaning stated in § 13–101 of this article.

“Retail establishment” means an establishment that sells consumer goods to the public.

This section applies only to an in–person transaction at a retail establishment totaling less than $300.

This section does not apply to:

Prohibit a person from making a cash payment to purchase an essential consumer good;

Require a person to use a credit or debit card to purchase an essential consumer good; or

Charge or collect from a person a higher price than charged or collected for an equivalent cashless transaction, whether or not the difference in price is described as a fee, for making a cash payment for the purchase of an essential consumer good.

A merchant may prohibit a person from making a cash payment for the purchase of a consumer good:

A merchant may collect from a person an additional amount not exceeding 4 cents when rounding the price for an essential consumer good in accordance with applicable law.

An unfair, abusive, or deceptive trade practice within the meaning of Title 13 of this article; and

Except as provided in subsection (f) of this section, subject to the enforcement and penalty provisions contained in Title 13 of this article.

Sections 13–410(a) and (b) and 13–411 of this article do not apply to a violation of this section.

The Division of Consumer Protection of the Office of the Attorney General shall provide a merchant who violates this section with at least two separate opportunities to comply with the requirements of this section.