In this subtitle the following words have the meanings indicated. “Collector” means a person collecting or attempting to collect an alleged debt arising out of a consumer transaction. “Consumer transaction” means any transaction involving a person seeking or acquiring real or personal property, services, money, or credit for personal, family, or household purposes. “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.

In collecting or attempting to collect an alleged debt a collector may not: Use or threaten force or violence; Threaten criminal prosecution, unless the transaction involved the violation of a criminal statute; Disclose or threaten to disclose information which affects the debtor’s reputation for credit worthiness with knowledge that the information is false; Except as permitted by statute, contact a person’s employer with respect to a delinquent indebtedness before obtaining final judgment against the debtor; Except as permitted by statute, disclose or threaten to disclose to a person other than the debtor or his spouse or, if the debtor is a minor, his parent, information which affects the debtor’s reputation, whether or not for credit worthiness, with knowledge that the other person does not have a legitimate business need for the information; Communicate with the debtor or a person related to him with the frequency, at the unusual hours, or in any other manner as reasonably can be expected to abuse or harass the debtor; Use obscene or grossly abusive language in communicating with the debtor or a person related to him; Claim, attempt, or threaten to enforce a right with knowledge that the right does not exist; Use a communication which simulates legal or judicial process or gives the appearance of being authorized, issued, or approved by a government, governmental agency, or lawyer when it is not; Engage in unlicensed debt collection activity in violation of the Maryland Collection Agency Licensing Act; or Engage in any conduct that violates §§ 804 through 812 of the federal Fair Debt Collection Practices Act.

A collector who violates any provision of this subtitle is liable for any damages proximately caused by the violation, including damages for emotional distress or mental anguish suffered with or without accompanying physical injury.

This subtitle may be cited as the Maryland Consumer Debt Collection Act.