(a) In this subtitle the following terms have the meanings indicated. (b) “Employee theft” means the theft of any merchandise from a mercantile establishment by an employee, agent, or contractor of the mercantile establishment. (c) “Mercantile establishment” means any place where merchandise is displayed, held, or offered for sale, either at retail or wholesale. (d) “Merchandise” means any goods, […]
A responsible person is civilly liable to the merchant: (1) To restore the merchandise to the merchant or, if the merchandise is not recoverable, has been damaged, or otherwise has lost all or part of its value, to pay the merchant an amount equal to the merchant’s stated sales price for the merchandise; and (2) To pay […]
(a) (1) If a merchant elects to seek the damages available under § 3–1302 of this subtitle, the merchant shall cause an initial demand letter, prepared by a lawyer admitted to practice law in the State, to be: (i) Hand delivered personally to the responsible person; or (ii) Mailed to the responsible person at that person’s last known address […]
A responsible person who complies fully with an initial demand letter or a second demand letter on or before the date specified in that demand letter may not incur any further civil liability to the merchant for damages arising out of the act of shoplifting or employee theft that was the subject of the demand […]
(a) If the second demand letter is returned unclaimed to the merchant or if full payment is not otherwise received by the merchant on or before the date specified in the second demand letter, the merchant may file a civil action to recover the damages provided for in § 3–1302 of this subtitle, together with court […]
(a) Criminal prosecution for an offense of theft under § 7–104 of the Criminal Law Article is not a prerequisite to the maintenance of a civil action under this subtitle. (b) The recovery of damages under this subtitle does not preclude criminal prosecution. (c) The payment of damages under this subtitle is not admissible in any criminal proceeding […]
(a) In recovering or attempting to recover damages arising from an alleged act of shoplifting or employee theft under this subtitle, a person may not: (1) Use or threaten force or violence; (2) Communicate with a responsible person in a manner that reasonably can be expected to abuse or harass the responsible person, including communicating with excessive frequency […]
The procedures required by § 3–1303 of this subtitle do not otherwise limit a merchant or other person from electing to pursue any other civil remedy or cause of action for damages against any responsible person under this subtitle or otherwise as permitted by law.
The District Court has exclusive original civil jurisdiction in an action under this subtitle if the damages claimed do not exceed $10,000, exclusive of attorney’s fees.
