In this subtitle the following words have the meanings indicated. “Consumer” has the same meaning as that term has in Title 13 of this article. “Dealer” means a person who engages in the business of selling or leasing household goods to consumers residing in Maryland. “Estimated delivery date” means the date established under § 14-1802 or § 14-1803 of this subtitle on which the dealer reasonably anticipates to deliver the ordered household good to the consumer. “Household good” means any article or set of articles used to furnish or supply a residential dwelling such as a sofa, cabinet, rug, carpeting, washing machine, refrigerator, television, dining room set, or range. “Household good” does not include: Any article taken by the consumer on the date the article was ordered; Any article ordered by mail; or Any permanent fixture.

Notwithstanding any other provision of this article, when a consumer orders a household good, the dealer shall provide to the consumer: An estimated delivery date written clearly and conspicuously on any document evidencing the agreement of sale or lease for the household good; and A statement that is part of or accompanies the document evidencing the agreement of sale or lease for the household good and is in boldface type of a minimum size of 10 points which is in substantially the following form: If the dealer fails to provide you, the buyer, with an estimated delivery date or fails to deliver the ordered household good within 2 weeks of the estimated delivery date, you may (1) cancel the contract and receive a full refund or credit equal to your deposit, (2) modify the contract by selecting another household good, or (3) negotiate with the dealer a new delivery date. The dealer is not required to allow you to exercise these rights if the dealer cannot cancel the order with the manufacturer or supplier. The estimated delivery date shall take into account the manufacturer’s or supplier’s instructions, recent delivery experience with the manufacturer or supplier, and the dealer’s own delivery schedules.

Notwithstanding any other provision of this article, if the dealer fails to provide the consumer with any estimated date required by this subtitle or fails to deliver the household good to the consumer within 2 weeks of the latest estimated delivery date properly established under this subtitle, the consumer may: Cancel the contract and receive a full refund; Cancel the contract and receive a credit equal to the deposit; Negotiate with the dealer a new delivery date; or Modify the contract by selecting other household goods. If a consumer cancels a contract and requests a full refund or credit, the dealer shall provide to the consumer the full refund or credit within 2 weeks of the consumer’s request. At the dealer’s option, the dealer may, immediately following the consumer’s request for a full refund or credit, require the consumer to sign a written request for the full refund or credit on a dealer’s self-addressed postcard or a form which shall include a dealer’s self-addressed envelope, to be supplied to the consumer by the dealer. The provisions of this section do not apply if: Due primarily to the conduct of the consumer, a delivery prearranged between the dealer and the consumer was unsuccessful and, following the unsuccessful attempt to deliver, the dealer provided written or oral notice of the attempted delivery to the consumer; The delay in delivery is caused by a work stoppage or an act of God; or The dealer’s inability to deliver by the estimated date is due to the manufacturer’s or supplier’s failure to deliver to the dealer in a timely manner the household goods as ordered, and where: Despite good faith efforts to cancel the contract with the manufacturer, the dealer is liable to the manufacturer or supplier to complete the purchase under applicable law; and The dealer’s liability to the manufacturer or supplier is not caused by the dealer’s delay in canceling the order when requested by the consumer. If oral notice is given under subsection (c)(1) of this section, the dealer shall record in writing, the date and time of the notification and the signature of the person who made the notification. In the event that paragraph (2) or (3) of subsection (c) of this section is applicable, the dealer shall promptly inform the consumer of the delay and provide the consumer written notice of a new estimated delivery date which may not exceed any delay caused by a work stoppage, act of God, or manufacturer’s delay.

It shall be an unfair or deceptive trade practice under Title 13 of this article if a dealer: Fails to comply with the requirements of § 14–1802 of this subtitle; or Denies a consumer the remedies provided by § 14–1803 of this subtitle.

In any action brought to enforce this subtitle, a court may award reasonable attorney’s fees to a prevailing plaintiff, other than the Attorney General. If it appears to the satisfaction of the court that an action is brought in bad faith or is of a frivolous nature, the court may order the offending plaintiff to pay to the defendant reasonable attorney’s fees.

Nothing in this subtitle shall limit any remedies otherwise available under Maryland law.