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§ 13-410. Civil penalty-merchants

West's Annotated Code of MarylandCommercial LawEffective: October 1, 2018

West's Annotated Code of Maryland
Commercial Law
Title 13. Consumer Protection Act
Subtitle 4. Enforcement and Penalties (Refs & Annos)
Effective: October 1, 2018
MD Code, Commercial Law, § 13-410
§ 13-410. Civil penalty-merchants
Currentness
(a) A merchant who engages in a violation of this title is subject to a fine not exceeding $10,000 for each violation.
(b) A merchant who has been found to have engaged in a violation of this title and who subsequently repeats the same violation is subject to a fine not exceeding $25,000 for each subsequent violation.
(c) The fines provided for in subsections (a) and (b) of this section are civil penalties and are recoverable by the State in a civil action or an administrative cease and desist action under § 13-403(a) and (b) of this subtitle or after an administrative hearing has been held under § 13-403(d)(3) and (4) of this subtitle.
(d) The Consumer Protection Division shall consider the following in setting the amount of the penalty imposed in an administrative proceeding:
(1) The severity of the violation for which the penalty is assessed;
(2) The good faith of the violator;
(3) Any history of prior violations;
(4) Whether the amount of the penalty will achieve the desired deterrent purpose; and
(5) Whether the issuance of a cease and desist order, including restitution, is insufficient for the protection of consumers.

Credits

Added by Acts 1975, c. 49, § 3, eff. July 1, 1975. Amended by Acts 1985, c. 603; Acts 1993, c. 246; Acts 2018, c. 731, § 1, eff. Oct. 1, 2018; Acts 2018, c. 732, § 3, eff. Oct. 1, 2018.
Formerly Art. 83, § 20H.
MD Code, Commercial Law, § 13-410, MD COML § 13-410
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