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§ 14-1325. Prohibited nondisparagement clauses in consumer contracts

West's Annotated Code of MarylandCommercial LawEffective: October 1, 2016

West's Annotated Code of Maryland
Commercial Law
Title 14. Miscellaneous Consumer Protection Provisions
Subtitle 13. Miscellaneous Provisions (Refs & Annos)
Effective: October 1, 2016
MD Code, Commercial Law, § 14-1325
§ 14-1325. Prohibited nondisparagement clauses in consumer contracts
Currentness
(a)(1) In this section the following words have the meanings indicated.
(2) “Consumer” means an actual or a prospective purchaser, lessee, or recipient of consumer goods or services.
(3) “Consumer goods or services” means goods or services that are primarily for personal, household, or family purposes.
(b) A contract or a proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer's right to make any statement concerning:
(1) The seller or lessor;
(2) Employees or agents of the seller or lessor; or
(3) The consumer goods or services.
(c) A person may not:
(1) Threaten or seek enforcement of a contract provision prohibited under subsection (b) of this section; or
(2) Penalize a consumer for making any statement protected under subsection (b) of this section.
(d) A waiver of any provision of this section is contrary to public policy and is void and unenforceable.
(e) This section may not be construed to prohibit or limit a person:
(1) That hosts online consumer reviews or comments from removing a statement that is otherwise lawful to remove;
(2) From including in a contract or a proposed contract for the sale or lease of consumer goods or services a provision prohibiting a consumer from disclosing proprietary information, techniques, or processes; or
(3) From bringing an action alleging that a statement made by a consumer is defamatory.
(f) A violation of this section is:
(1) An unfair and deceptive trade practice within the meaning of Title 13 of this article; and
(2) Subject to the enforcement and penalty provisions contained in Title 13 of this article.

Credits

Added by Acts 2016, c. 96, § 1, eff. Oct. 1, 2016.
MD Code, Commercial Law, § 14-1325, MD COML § 14-1325
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document