In this subtitle the following words have the meanings indicated. “Merchandise” means any commodity, object, wares, or goods. “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity. “Sale” includes any: 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. “Service” means any: 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. In connection with any sale or lease in this State of goods or services to consumers, it is an unfair or deceptive trade practice within the meaning of Title 13 of this article for a seller, directly or indirectly, to: Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, boldface type: NOTICE Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder. Or, 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: NOTICE Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder. The provisions of this section do not apply where the seller: 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.

In this section, “consumer transaction” means a transaction in which: 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. In a consumer transaction, a waiver by the debtor of his right as a defendant in an action of replevin to a hearing or to notice of an opportunity to be heard before seizure of property securing the transaction is void if made before service of notice of the opportunity to be heard.

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. After the receipt of any merchandise considered to be an unconditional gift under this section, if the sender continues to send any bill, statement of account, or request for payment with respect to the merchandise, the recipient may bring an action to enjoin the sender’s conduct. In that action, the court may award reasonable attorney’s fees and costs to the prevailing party.

Except as provided in subsection (c) of this section, if a credit card or card of identification for credit is issued to a person without his prior request or application, the card is not considered accepted until he signifies acceptance in writing or uses it to obtain credit. Until an unrequested card is accepted, the issuer of the card: 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. This section does not apply if the card is issued for the purpose of renewal or replacement of an existing card originally applied for or accepted by the cardholder.

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. The duration of a service contract is extended automatically for each day an appliance is in the custody of a service contractor for upkeep or repair under a service contract, if it is in his custody: 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. For purposes of this section, the number of days during which the service contractor has custody of an appliance does not include any day: 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. This section applies to a service contract executed after June 30, 1974.

A person may not sell any ladder manufactured after July 1, 1976, which is made with material capable of conducting an electrical current unless: A warning is affixed in a prominent place on the ladder which indicates that the ladder is a conductor of electricity; or The ladder is made in a manner to prevent the conduction of an electrical current.

A person may not sell any photographic film manufactured after July 1, 1977, except black and white film, unless the cartridge or roll of film is marked with sufficient processing instructions so that a commercial photographic processor can identify the required chemical and developing procedures.

A person may not sell, distribute, or install any new hand-fired heating stove or freestanding fireplace that is intended ultimately for installation in a permanent or temporary residence unless the stove or fireplace is accompanied with complete instructions on the safe installation and operation of the appliance, including information on: 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. 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 $500.

With the written consent of the property owner, a person may use unvented portable kerosene-fired heaters in single family dwelling units and in commercial establishments in this State if the heaters otherwise comply with the State Fire Prevention Code regulations in effect on January 1, 1982. “Commercial establishment” does not include: Places of public assembly capable of accommodating more than 50 persons; Child care centers; Educational occupancies; Health care occupancies; Hotels and motels; or Buildings (other than office facilities) where open flame devices would readily ignite flammable liquid vapor, explosives, or dust, or buildings over 3 stories in height. 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. The manufacturer shall affix to each portable kerosene heater, in a safe and prominent place, a nondetachable warning label which states: WARNING. This unit must be used in an area which has proper ventilation. Consult owner’s manual for details and instructions. Use of this heater may possibly be dangerous to persons with respiratory or circulatory disorders. Only “water-clear” kerosene meeting 1-K (ASTM) specifications should be used in this heater. In Baltimore City, this section does not affect or supersede any local law or ordinance which is more stringent or imposes a higher standard regarding the use or sale of portable kerosene heaters.

In this section the following terms have the meanings indicated. “Consumer goods” means any new goods used for personal, family, or household purposes where: The purchaser of the goods has entered into an agreement to purchase an extended warranty on the goods purchased; and The actual cash sales price of the goods paid by the purchaser is in excess of $50. “Consumer goods” includes household appliances. “Extended warranty” means a written warranty that: Covers consumer goods offered for sale by a guarantor or manufacturer; Includes terms or conditions beyond those offered in any express warranty originally included as part of the contract of sale for the consumer goods; and Is purchased at the time of the sale of the consumer goods. “Guarantor” means a person who: Is engaged in the business of making consumer products available to consumers; and Makes a warranty. “Manufacturer” includes a manufacturer, its agent, or its authorized dealer. Any extended warranty sold by a guarantor or manufacturer to a purchaser of consumer goods may not supersede any original express warranty and shall be offered in addition to the original express warranty. This section applies only to an agreement to purchase an extended warranty which is executed on or after July 1, 1984.

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: Issued to a seller, lender, or credit grantor by a buyer or borrower in full or partial satisfaction of an underlying obligation; and Reacquired by the buyer or borrower in his own right. 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 failure of an acceptor to return a discharged check directly to a buyer or borrower as provided in subsection (b) of this section shall make the acceptor liable to the buyer or borrower for: 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. “Commercial solicitation” means the unsolicited electronic or telephonic transmission in the State to a facsimile device to encourage a person to purchase goods, realty, or services. “Commercial solicitation” does not include: An electronic or telephonic transmission made in the course of prior negotiations; or An electronic or telephonic transmission made in the course of a preexisting business relationship with the person receiving the transmission. “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. A person may not make intentionally an electronic or telephonic transmission to a facsimile device for the purpose of commercial solicitation. 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. “Security system” means any burglary alarm system or robbery alarm system. “Security system” includes the service of monitoring the property to which a security system is attached in case of an alarm sounding. “Seller” means a person who sells or offers for sale a security system. In connection with a sale or offer for sale of a security system, a seller may not state that the seller can or will provide, as part of the security system, a response time by a law enforcement agency to an alarm sounding that is shorter in time than the response time by the law enforcement agency to a general distress call.

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. “Late fee” means any charge or fee imposed because a payment is not made when the payment is due under the terms of a contract. “Late fee” includes a fee imposed under subparagraph (i) of this paragraph that is described: As a flat rate; As a percentage of the amount due; or In any other terms. The parties to a contract may agree to require the payment of a late fee when a party fails to make a payment when the payment is due. A contract that requires the payment of a late fee shall disclose, by its terms or by notice: 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. A late fee imposed under this section is not: Interest; A finance charge; Liquidated damages; or A penalty. This section does not affect a late fee, a finance charge, interest, or any other fee or charge otherwise allowed under applicable law. 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 may be up to $5 per month, or up to 10% per month of the payment amount that is past due, whichever is greater; and No more than 3 monthly late fees may be imposed for any single payment amount that is past due, regardless of the period during which the payment remains past due; or The amount of the late fee may be up to 1.5% per month of the payment amount that is past due. 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. Except as provided in subparagraph (ii) of this paragraph, a late fee included in a consumer contract pursuant to this section may not be imposed until 15 days after the date the bill was rendered for the goods or services provided. If a bill is not rendered, a late fee included in a consumer contract pursuant to this section may not be imposed until 15 days after the payment amount becomes due. A late fee imposed under this section is subject to any additional limitations or conditions prescribed by any federal, State, or local regulatory agency or authority having jurisdiction over entities imposing late fees regulated by this section.

In this section the following words have the meanings indicated. “Bedding” means a mattress or box spring that: Is stuffed or filled wholly or partly with concealed matter; and Can be used by an individual for sleeping or reclining. “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. A person may not recover bedding that is intended to be sold or offered for sale to a consumer in the State unless the person clearly marks the bedding as used. A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

A person may not purchase or fraudulently receive from any person engaged in transporting coal, iron, lumber, merchandise, or property consigned to another: 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. A person that accepts a payment device number for the transaction of business may not print more than five digits of the payment device number or the expiration date of the payment device on a receipt that is provided to the holder of the payment device at the point of sale or transaction or retained by the person. 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: Sold or issued by a person for a cash value that can be used to purchase goods or services; or Issued as a store credit for returned goods. “Gift certificate” does not include: A prepaid telephone calling card; A prepaid technical support card; A prepaid card for Internet services; A coupon for discounted goods or services; A gift certificate that is distributed to an individual under an awards, loyalty, or promotional program in which the recipient does not give money or value for the gift certificate; or A gift card that: 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 or services. A person may not sell or issue a gift certificate that, within 4 years after the date of purchase, is subject to expiration or a fee or charge of any kind. Any term or condition concerning expiration or a fee or charge that takes effect more than 4 years after the date of purchase must be printed clearly in at least 10 point type in a visible place on: The front or back of the gift certificate; A sticker permanently affixed to the gift certificate; or An envelope containing the gift certificate. Unless the change benefits the consumer, a term or condition disclosed under subsection (c) of this section may not be changed after the date of purchase or issuance. A gift certificate that is sold or issued in violation of this section shall be considered valid and may not be subject to expiration or any fee or charge. A violation of any provision of this section: 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.

This section applies to a gift card that: 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. A gift card may be subject to expiration or a postsale fee, including a service fee, dormancy fee, account maintenance fee, cash-out fee, gift card replacement fee, activation fee, or reactivation fee, if the following disclosures are printed clearly in a visible place on the front or back of the gift card in at least 10 point type: With respect to the expiration date, the date on which the gift card expires; and With respect to a postsale fee: The amount of the fee; The circumstances under which the fee will be imposed; The frequency with which the fee will be imposed; and Whether the fee is triggered by inactivity. If the disclosures required under subsection (b) of this section are hidden by the packaging of the gift card, the seller or issuer shall give the purchaser a written statement of the disclosures before the gift card is sold or issued. In addition to printing the information required under subsection (b) of this section on a gift card: 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. Unless the change benefits the consumer, a term or condition disclosed under subsection (b) of this section may not be changed after the date of purchase or issuance. A violation of any provision of this section: 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: A credit card account; A debit card account; A bank account; or Any other financial account. “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 merchant that provides consumer goods or consumer services over the Internet under a contract with a consumer that requires the consumer to make periodic payments for the consumer goods or consumer services and allows the merchant to collect the payments directly from the consumer’s account shall include in a prominent place on its website: 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. A violation of this section 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. “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: A written authorization; An oral authorization verified and recorded by an independent party; or A recorded electronic authorization. “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: Provides products or services to a customer; and Seeks to charge the customer through third–party vendor billing. “Third–party vendor billing” means the use of a telephone company’s or reseller’s billing system, either directly or through a billing agent, to charge a customer for products or services provided by a third–party vendor. “Third–party vendor billing” does not include billing for: Products or services offered by, or bundled with the products or services of, a telephone company, a reseller, or an affiliate of a telephone company or reseller; Long distance services that a customer initiates by dialing 1+, 0+, 0–, or 1010XXX; or Commercial mobile radio services. Unless the third–party vendor or billing agent first obtains an ordering customer’s express authorization, a third–party vendor or billing agent may not submit charges to a telephone company or reseller. The express authorization required under subsection (b) of this section shall: Be separate from any solicitation material or entry forms for sweepstakes or contests; and Include: The name and telephone number of the ordering customer; The date of authorization; An explanation of: The product or service offered; and All applicable charges; and An affirmation by the ordering customer that: The ordering customer is at least 18 years of age and authorized to order services that will appear on the customer’s telephone bill; and Third–party vendor billing charges may be billed using the customer’s telephone bill. A third–party vendor or billing agent shall retain a copy of the express authorization required under subsection (b) of this section for 2 years after the date of authorization. A customer is not liable for third–party vendor billing charges unless: 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: An itemization of the third–party vendor billing charges identifying them separately from other charges; and The name and telephone number of the third–party vendor or its billing agent. Unless the third–party vendor or billing agent provides a copy of the authorization required under subsection (b) of this section to the customer and to the telephone company or reseller, a customer is not liable for third–party vendor billing charges if the customer, in good faith and in a reasonably timely manner, but not outside the time period specified in subsection (d) of this section, disputes that the charges were authorized. An agreement for third–party vendor billing entered into by a telephone company or reseller and a third–party vendor or billing agent on or after October 1, 2010, is void and unenforceable to the extent that it does not require the third–party vendor to comply with subsection (b) of this section. A violation of this section by a third–party vendor or billing agent: 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: A person from whom a consumer lawfully obtains consumer credit, consumer goods, or consumer services; or A person who makes or holds a mortgage loan on a consumer’s home. A person may not include or enforce a provision in a consumer credit contract, without the consumer’s prior written consent, that: 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: Accelerating a payment owed under the consumer credit contract; Increasing the interest rate payable under the consumer credit contract; Reducing the credit limit available under the consumer credit contract; or Altering a term of the consumer credit contract in any other manner adverse to the consumer. A provision included in a consumer credit contract in violation of subsection (b) of this section is void and unenforceable. Subsection (b) of this section does not prohibit a person from using information to detect or prevent fraudulent activity in connection with the provision of consumer credit. A violation of this section is: 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.

This section applies to the operator of a website that charges a fee to remove an arrest or detention photograph or digital image. An individual may request an operator of a website to remove the individual’s photograph or digital image from the operator’s website if: 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 The court record or police record that contained the photograph or digital image was expunged under Title 10, Subtitle 1 of the Criminal Procedure Article; The individual has successfully petitioned a court to have the court record or police record that contained the photograph or digital image shielded or otherwise removed from public inspection; or The individual has successfully petitioned a court to vacate the judgment that resulted from the arrest or detention. An individual shall make a request for removal of a photograph or digital image under subsection (b) of this section by: 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 operator of a website shall remove the photograph or digital image of an individual within 30 days after receiving a request under subsection (c) of this section. Within 5 business days after removing a photograph or digital image of an individual, the operator of a website shall send a written confirmation of the removal to the individual. An operator of a website may not charge an individual for the removal of the individual’s photograph or digital image under this section. A violation of this section 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. “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. A contract or a proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement concerning: The seller or lessor; Employees or agents of the seller or lessor; or The consumer goods or services. A person may not: 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. A waiver of any provision of this section is contrary to public policy and is void and unenforceable. This section may not be construed to prohibit or limit a person: 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. A violation of this section is: 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. An individual or person may not perform caller ID spoofing when contacting another individual in the State with the intent to defraud, harass, cause harm to, or wrongfully obtain anything of value from another. This section does not apply to: 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: Acting in the communications service provider’s capacity as an intermediary for the transmission of telephone service between the caller and the recipient; Providing or configuring a service or service feature as requested by the customer; Acting in a manner that is authorized or required by applicable law; or Engaging in other conduct that is necessary to provide service. A violation of this section 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: Repairs or replaces motor vehicle safety glass; and Provides related recalibration of an advanced driver assistance system. “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. Before repairing or replacing motor vehicle glass, if a motor vehicle is equipped with an advanced driver assistance system, a motor vehicle safety glass facility shall: 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. A motor vehicle safety glass facility shall inform the customer if recalibration of an advanced driver assistance system is required and is not performed or successfully completed. A violation of this section by a motor vehicle safety glass facility is: 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. This section does not apply to: 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: The Maryland Public Service Commission; The Federal Communications Commission; or The Federal Energy Regulatory Commission; or 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 that waives, limits, impairs, or disclaims the following remedies if authorized by federal or State law: Statutory damages; Punitive damages, including for intentional, knowing, or reckless violations of law; Declaratory relief; or Injunctive relief; and A provision that sets a shorter time to bring an action under or on the consumer contract than required by State law when the consumer contract was issued or delivered. 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. If a consumer contract contains a provision that is illegal under this section: A court: May not give effect to the provision; and Shall enforce the remainder of the consumer contract to the extent practicable; and 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: Invalidate an arbitration provision that is enforceable under the Federal Arbitration Act; or Create a right or remedy not otherwise provided by federal or State law. 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: For which a claim has been approved by the U.S. Environmental Protection Agency for inclusion on the confidential portion of the federal Toxic Substances Control Act Chemical Substance Inventory; For which the manufacturer of the menstrual product or the supplier of the ingredient claims protection under the federal Defend Trade Secrets Act; or That is generally recognized as safe by the U. S. Food and Drug Administration under 21 C.F.R. § 170.30. “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.

This section does not apply to a person that sends to an individual: 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. A person may not send a check or other negotiable instrument to an individual if: The check or other negotiable instrument is sent in connection with an offer to extend secured credit to the individual; and The individual has not submitted an application for or otherwise requested the extension of secured credit before receiving the check or other negotiable instrument; or The check or other negotiable instrument is sent as part of an unsolicited offer to purchase real property. An individual who is sent a check or other negotiable instrument in violation of subsection (b) of this section is not liable for the amount of the check or other negotiable instrument unless the individual actually receives and negotiates the check or other negotiable instrument. A person that violates this section is guilty of a misdemeanor and on conviction subject to a fine not exceeding $500.

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: Food, including human and animal food; Water, including ice, and other beverages; Personal hygiene products, including toiletries and cleaning products; Health products, including medicine, medical supplies and equipment, and personal protective equipment; and Fuel. “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: A telephone, mail, or Internet transaction; A vending machine or kiosk transaction; A transaction with a merchant that sells to the public primarily: Food or beverages for on–premises consumption; or A limited variety of gourmet or specialty foods, including cheeses, fruits, nuts, candy, spices, and oils; or The purchase of fuel from a merchant that sells fuel to the public but requires a paid membership to purchase the fuel. Except as provided in subsection (d) of this section, between the hours of 6 a.m. and 10 p.m. a merchant may not: 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: In a cash denomination greater than $20; or If the merchant: Provides and maintains a device on the premises of the establishment that converts cash into a prepaid card that a person may use to purchase a consumer good at the establishment; Does not charge any fee or require a deposit; and If the device malfunctions or becomes inoperable, accepts payment in cash in accordance with this section until the device resumes normal operations. 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. A violation of this section is: 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. A merchant who violates this section after two separate opportunities to comply under paragraph (2) of this subsection is subject to a fine not exceeding $500 for each violation. A merchant who violates this section after having been fined under subparagraph (i) of this paragraph is subject to a fine not exceeding $1,000 for each subsequent violation. The fines provided for in subparagraphs (i) and (ii) of this paragraph: Are civil penalties recoverable in accordance with § 13–410(c) of this article; and Shall be set in accordance with § 13–410(d) of this article.