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§ 14-3901. Definitions

West's Annotated Code of MarylandCommercial LawEffective: July 1, 2011

West's Annotated Code of Maryland
Commercial Law
Title 14. Miscellaneous Consumer Protection Provisions
Subtitle 39. Transparency in Consumer Arbitrations Act (Refs & Annos)
Effective: July 1, 2011
MD Code, Commercial Law, § 14-3901
§ 14-3901. Definitions
Currentness
(a) In this subtitle the following words have the meanings indicated.
(b) “Arbitration activity” means the initiation, conduct, sponsorship, or administration of, or the appointment of an arbitrator in, a consumer arbitration.
(c) “Arbitration organization” means a nongovernmental association, agency, board, commission, corporation, or other entity that performs arbitration activities.
(d) “Consumer” means an individual who is:
(1) A resident of the State; and
(2) An actual or prospective purchaser or lessee of any goods, services, real property, or credit primarily for personal, family, or household purposes.
(e)(1) “Consumer arbitration” means a binding arbitration conducted in accordance with a consumer arbitration agreement.
(2) “Consumer arbitration” does not include:
(i) A binding arbitration conducted in accordance with the provisions of a policy of property insurance, casualty insurance, or surety insurance, as those terms are defined in § 1-101 of the Insurance Article;
(ii) An arbitration governed by rules adopted by a securities self-regulatory organization and approved by the United States Securities and Exchange Commission under federal law; or
(iii) An arbitration between a consumer and a related institution that is licensed by the Maryland Department of Health, if the consumer arbitration agreement between the consumer and the related institution is not mandated as a condition of admission of the consumer to the related institution.
(f)(1) “Consumer arbitration agreement” means a standardized contract that:
(i) Is between a consumer and another person who is not a consumer;
(ii) Provides for the sale or lease of any goods, services, real property, or credit primarily for personal, family, or household purposes; and
(iii) Requires that disputes arising under the contract be submitted to binding arbitration.
(2) “Consumer arbitration agreement” does not include a public or private sector collective bargaining agreement.
(g) “Related institution” has the meaning stated in § 19-301 of the Health--General Article.

Credits

Added by Acts 2011, c. 216, § 1, eff. July 1, 2011; Acts 2011, c. 217, § 1, eff. July 1, 2011. Amended by Acts 2017, c. 62, § 6.
MD Code, Commercial Law, § 14-3901, MD COML § 14-3901
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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