Section 12-1402 – Subtitle Not Applicable to Merchant Processing Agreement Between Credit Card Processor and Business Entity Under Certain Conditions
This subtitle does not apply to a merchant processing agreement between a credit card processor and a business entity: (1) That may be terminated without assessment of fees, fines, penalties, or liquidated damages; or (2) If at the time of entry into the merchant processing agreement, the business entity employs 50 or more employees or reasonably estimates […]
Section 12-1403 – Merchant Processing Agreement
(a) If a business entity cancels a merchant processing agreement before the expiration of the initial term agreed on by the credit card processor and the business entity, the credit card processor may not assess or charge a fee, fine, or penalty that exceeds $500. (b) If a business entity terminates the merchant processing agreement after the […]
Section 12-1404 – Investigation of Complaint of Violation of 12-1403
If a complaint about a violation of § 12–1403 of this subtitle is filed with the Commissioner of Financial Regulation, the Commissioner may investigate the complaint and use any of the investigative and enforcement powers provided under Title 2, Subtitle 1 of the Financial Institutions Article.
Section 12-1109 – Advertisements
(a) An advertisement for a rental-purchase agreement that refers to or states the dollar amount of any payment and the right to acquire ownership for any 1 specific item shall clearly and conspicuously state, as applicable: (1) That the transaction advertised is a rental-purchase agreement; (2) The total cost and the number of payments necessary to acquire ownership; […]
Section 12-1303 – Home Buyer Education or Housing Counseling
(a) Unless the lender is otherwise required by federal or State law to refer the borrower to housing counseling, a lender shall provide to a borrower a written notice, in the form specified in regulations adopted by the Department of Housing and Community Development, in consultation with the Commissioner of Financial Regulation, that includes: (1) A statement […]
Section 12-1110 – Penalties; Exceptions
(a) A person who willfully and intentionally violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $500 per violation. (b) For a violation of a provision of this subtitle, a consumer under a rental-purchase agreement may recover from the lessor committing the violation, or […]
Section 12-1304 – Closing on Mortgage Loan Without Notice Prohibited
A lender may not close on a mortgage loan unless the lender has provided to the borrower the notice required under § 12–1303 of this subtitle.
Section 12-1110.1 – Recovery of Property Subject to Rental-Purchase Agreement
(a) A lessor may not bring a court action to recover property subject to a rental–purchase agreement until 15 days after the consumer has been sent notice of a default. (b) Notice of default sent by certified mail to the consumer’s last known address constitutes notice. (c) The notice shall include any amount the consumer must pay to […]
Section 12-1401 – Definitions
(a) In this subtitle the following words have the meanings indicated. (b) (1) “Credit card processor” means a person that processes credit card or electronic commerce transactions on behalf of a business entity for a fee. (2) “Credit card processor” includes: (i) A merchant services provider; (ii) A financial institution; (iii) An independent sales organization; and (iv) Any subsidiary or affiliate of an […]
Section 12-1111 – Form for Disclosures
(a) The following is an example of a form which shall be used to satisfy the disclosure requirements of §§ 12–1103(c) and 12–1104(a) of this subtitle: “Rental–Purchase Agreement 1. Lessor(s): Name Address Telephone no. Lessee(s): Name Address Telephone no. 2. Description of Rental Property: � Item � Quantity Identification Number � […]