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§ 6-509. Failure to comply

West's Annotated Code of MarylandBusiness Regulation

West's Annotated Code of Maryland
Business Regulation (Refs & Annos)
Title 6. Charitable Organizations and Charitable Representatives (Refs & Annos)
Subtitle 5. Charitable Solicitations (Refs & Annos)
MD Code, Business Regulation, § 6-509
§ 6-509. Failure to comply
Currentness
(a) The only persons liable under this section are:
(1) charitable organizations;
(2) charitable representatives; and
(3) officers, directors, partners, or trustees of charitable organizations or charitable representatives.
(b) Except as provided in subsection (d) of this section, a person who willfully fails to comply with a requirement of this title as to a charitable contribution made because of a charitable solicitation is liable to the donor of the charitable contribution for:
(1) actual damages that the donor sustains because of the failure;
(2) punitive damages that the court allows, not exceeding 3 times the actual damages; and
(3) reasonable attorney's fees and costs of the action, if damages are awarded.
(c) Except as provided in subsection (d) of this section, a person who is grossly negligent in failing to comply with a requirement of this title as to a charitable contribution made because of a charitable solicitation is liable to the donor of the charitable contribution for:
(1) actual damages that the donor sustains because of the failure; and
(2) reasonable attorney's fees and costs of the action, if damages are awarded.
(d) A person is not liable under this section if the person establishes by a preponderance of the evidence that, at the time of the failure to comply with a requirement under this title, the person followed reasonable procedures to comply.

Credits

Added by Acts 1992, c. 4, § 2.
Formerly Art. 41, § 3-216.
MD Code, Business Regulation, § 6-509, MD BUS REG § 6-509
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document