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§ 3-1303. Procedures required by merchant

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2016

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 13. Remedies for Shoplifting and Employee Theft (Refs & Annos)
Effective: October 1, 2016
MD Code, Courts and Judicial Proceedings, § 3-1303
§ 3-1303. Procedures required by merchant
Currentness
Contents and delivery of initial demand letters
(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 by certified mail, return receipt requested.
(2) The initial demand letter shall:
(i) Identify the act of shoplifting or employee theft alleged to have been committed, including the date and time the act is alleged to have occurred;
(ii) Specify the basis on which the responsible person or, if applicable, the child of the responsible person has been accused of the act of shoplifting or employee theft;
(iii) Specify the amount of damages sought under § 3-1302(1) and (2) of this subtitle;
(iv) Request payment of the damages by cash, money order, certified check, or cashier's check;
(v) Contain a conspicuous notice advising the responsible person that payment of the damages does not preclude the possibility of criminal prosecution, but that the payment would not be admissible in any criminal proceeding as an admission or evidence of guilt;
(vi) Specify the date by which the responsible person shall make the required payment to avoid civil action, which date shall be at least 15 days after the date of hand delivery or from the postmark date, as the case may be, of the initial demand letter; and
(vii) Specify that, if the responsible person disputes liability for the alleged act of shoplifting or employee theft:
1. The responsible person may refuse to pay the damages; and
2. If the responsible person prevails in a civil suit for damages arising from the alleged act of shoplifting or employee theft, the responsible person is entitled to an award of court costs and reasonable attorney's fees.
(3) If applicable, the merchant shall cause a copy of any police report concerning the alleged act of shoplifting or employee theft to be attached to the initial demand letter.
Second demand letters sent to person’s last known address
(b)(1) If payment in full is not received by the merchant on or before the date specified in the initial demand letter, the merchant shall cause a second demand letter, prepared by a lawyer admitted to practice law in the State, to be mailed to the responsible person at that person's last known address by certified mail, return receipt requested.
(2) The second demand letter shall:
(i) Contain the same information, request for payment, and notice that is required by subsection (a)(2)(i) through (vii) of this section for an initial demand letter;
(ii) Specify the date by which the responsible person shall make the required payment to avoid civil action, which date shall be at least 10 days from the postmark date of the second demand letter; and
(iii) Advise the responsible person that, if the required payment is not made in full on or before the date specified in the second demand letter, the responsible person will be subject to immediate institution of a civil suit for damages, court costs, and reasonable attorney's fees.
Certificates of mailing
(c) The merchant shall get a certificate of mailing from the U.S. Postal Service for each initial demand letter and second demand letter mailed to a responsible person under this section.

Credits

Added by Acts 1991, c. 582, § 1, eff. July 1, 1991. Amended by Acts 1996, c. 10, § 1, eff. April 9, 1996; Acts 2016, c. 679, § 1, eff. Oct. 1, 2016.
MD Code, Courts and Judicial Proceedings, § 3-1303, MD CTS & JUD PRO § 3-1303
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.
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