Section 13-105 – Construction
This title shall be construed and applied liberally to promote its purpose. It is the intent of the General Assembly that in construing the term “unfair or deceptive trade practices”, due consideration and weight be given to the interpretations of § 5 (a)(1) of the Federal Trade Commission Act by the Federal Trade Commission and […]
Section 13-201 – Division of Consumer Protection Established
(a) There is a Division of Consumer Protection in the Office of the Attorney General. (b) The Division shall administer this subtitle.
Section 13-202 – Consumer Council Established
(a) There is a Consumer Council in the Division. The Council shall advise the Division on general goals for the development of programs, undertake studies and issue reports, and foster cooperation among federal, State, and local agencies and private groups. (b) (1) The Council consists of: (i) The Division Chief; and (ii) Nine members appointed by the Governor with the […]
Section 13-203 – Powers and Duties of Attorney General Generally
In addition to any other of his powers and duties, the Attorney General: (1) May recommend to the Governor and the General Assembly legislation to protect the public from fraudulent promoters and the schemes they propose; (2) Shall appoint an assistant, whose salary shall be as provided in the budget, to perform the duties of assistant Attorney […]
Section 13-204 – Powers and Duties of Division — in General
(a) In addition to any other of its powers and duties, the Division has the powers and duties to: (1) Receive and investigate complaints from any person affected by any potential or actual violation of this title; (2) Initiate its own investigation of any unfair or deceptive trade practice; (3) In accordance with § 13–402 of this title, conciliate […]
Section 13-205 – Powers and Duties of Division — Rule-Making Power
(a) (1) After obtaining the advice of the Consumer Council and holding a public hearing, the Division may adopt reasonable rules, regulations, and standards appropriate to effectuate the purposes of this subtitle, including rules, regulations, or standards which further define specific unfair or deceptive trade practices. (2) These rules, regulations, and standards may not modify, expand or conflict […]
Section 13-206 – Legal Assistance Organizations
(a) As used in this section, “legal assistance organization” means a firm, group, corporation, or other entity which recommends, furnishes, arranges, or pays for legal services for its own members or beneficiaries, whether or not for profit. (b) A legal assistance organization may not sell or offer its services for sale in Maryland except in accordance with […]
Section 13-301 – Unfair, Abusive, or Deceptive Trade Practices Defined
Unfair, abusive, or deceptive trade practices include any: (1) False, falsely disparaging, or misleading oral or written statement, visual description, or other representation of any kind which has the capacity, tendency, or effect of deceiving or misleading consumers; (2) Representation that: (i) Consumer goods, consumer realty, or consumer services have a sponsorship, approval, accessory, characteristic, ingredient, use, benefit, […]
Section 13-302 – Deception or Damage Unnecessary
Any practice prohibited by this title is a violation of this title, whether or not any consumer in fact has been misled, deceived, or damaged as a result of that practice.