Section 11-704 – Determination Whether Advertisement Misleading
To determine if an advertisement is misleading, the following, in addition to any other appropriate considerations, shall be considered: (1) Any representation made by statement, word, design, device, or sound, whether alone or together; and (2) The extent to which the advertisement fails to reveal a fact which, in light of any representation made, is material with […]
Section 11-8A-02 – Art Dealer as Bailee of Artist; Work of Fine Art and Proceeds of Sale as Bailment Property
If an art dealer accepts a work of fine art on a fee, commission, or other compensation basis, on consignment from the artist: (1) The art dealer is, with respect to that work of fine art, the bailee of the artist; (2) The work of fine art is bailment property in which the art dealer has no […]
Section 11-704.1 – Mispresentations in Directory Advertisements
(a) (1) In this section the following words have the meanings indicated. (2) (i) “Local telephone classified advertising directory” means a telephone directory that: 1. Contains classified advertisements; and 2. Is distributed free of charge to residents in the State. (ii) “Local telephone classified advertising directory” includes a directory distributed by a person other than a telephone company. (3) (i) “Local telephone directory” means […]
Section 11-8A-03 – Period During Which Work of Fine Art Remains Bailment Property
Notwithstanding the subsequent purchase of the work of fine art by the art dealer directly or indirectly for the art dealer’s own account, a work of fine art that is bailment property when initially accepted by the art dealer remains bailment property until the purchase price, minus the agreed upon commission, is paid in full […]
Section 11-705 – Enforcement by Attorney General
(a) Any person who violates any provision of this subtitle is subject to a penalty not exceeding $500 for each violation, which penalty the Attorney General may recover for the State in a civil action. (b) Before the Attorney General commences any action under this section, he shall give to the person against whom the action is […]
Section 11-8A-04 – Bailment Property Not Subject to Claims of Art Dealer’s Creditors
Property that is bailment property under this subtitle is not subject to the claims, liens, or security interests of the creditors of an art dealer.
Section 11-706 – Compliance With Other Statutes and Regulations
In any action brought under this subtitle, it is a defense that the advertisement concerning which the action is brought is subject to and complies with the rules and regulations of and the statutes administered by the Federal Trade Commission or any unit of the State government.
Section 11-901 – “Person” Defined
In this subtitle, “person” means 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.
Section 11-707 – Private Litigation Unaffected
This subtitle does not modify any right of a person in private litigation.
Section 11-801 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) “Consignee” means a commercial agent who is: (1) Entrusted with the possession of goods or agricultural products, by or for the owner, to be sold for compensation in the ordinary course of the agent’s trade or business; and (2) Generally known by those dealing with him to […]