# Commercial Law (GCL)

## Title 14. Miscellaneous Consumer Protection Provisions

### Subtitle 13. Miscellaneous Provisions

#### Section 14-1328

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Consumer" has the meaning stated in Sec. 13-101 of this article.

  (3) "Consumer contract" means a contract involving the sale, lease, or provision of goods or services that are for personal, family, or household purposes.

(b) This section does not apply to:

  (1) A consumer contract for a service provided by a self-service storage facility, as defined in Sec. 18-501 of this article;

  (2) A service regulated by:

    (i) The Maryland Public Service Commission;

    (ii) The Federal Communications Commission; or

    (iii) The Federal Energy Regulatory Commission; or

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

(c)

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

    (i) A provision that waives, limits, impairs, or disclaims the following remedies if authorized by federal or State law:

      (1) Statutory damages;

      (2) Punitive damages, including for intentional, knowing, or reckless violations of law;

      (3) Declaratory relief; or

      (4) Injunctive relief; and

    (ii) 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.

  (2) 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.

(d) If a consumer contract contains a provision that is illegal under this section:

  (1) A court:

    (i) May not give effect to the provision; and

    (ii) Shall enforce the remainder of the consumer contract to the extent practicable; and

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

(e)

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

  (2) This section may not be construed to:

    (i) Invalidate an arbitration provision that is enforceable under the Federal Arbitration Act; or

    (ii) Create a right or remedy not otherwise provided by federal or State law.

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

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