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§ 12-920. Prohibited conduct by licensees

West's Annotated Code of MarylandFinancial InstitutionsEffective: July 1, 2012

West's Annotated Code of Maryland
Financial Institutions
Title 12. Miscellaneous Institutions and Activities
Subtitle 9. Maryland Debt Management Services Act (Refs & Annos)
Effective: July 1, 2012
MD Code, Financial Institutions, § 12-920
§ 12-920. Prohibited conduct by licensees
In general
(a) A licensee may not:
(1) Purchase any debt or obligation of a consumer;
(2) Lend money or provide credit to a consumer;
(3) Obtain a mortgage or other security interest in property owned by a consumer;
(4) Operate as a collection agency, as defined in § 7-101 of the Business Regulation Article;
(5) Structure a debt management services agreement in a manner that would result in a negative amortization of any of the consumer's debts;
(6) Make any false, misleading, or deceptive representations or omissions of information in connection with the offer, sale, or performance of any service;
(7) Offer, pay, or give a substantial gift, bonus, premium, reward, or other compensation to a person for referring a prospective customer to the licensee;
(8) Offer an incentive, including a gift, bonus, premium, reward, or other compensation, to a consumer for executing a debt management services agreement with the licensee;
(9) Charge for or provide credit insurance;
(10) Compromise any debts of a consumer unless the licensee has obtained the prior written approval of the consumer, and the compromise benefits the consumer;
(11) Enter into a contract or fee-for-service arrangement with a person owned, controlled by, or affiliated with an officer, a director, or an employee of the debt management services provider, or with a relative of an officer, a director, or an employee, that benefits an officer, a director, or an employee of the debt management services provider;
(12) Advertise, display, distribute, broadcast, televise, or otherwise publish debt management service rates, terms, or services in a false, misleading, or deceptive manner;
(13) Pay an incentive to an employee for enrolling a consumer in a debt management services plan or agreement; or
(14) Violate any provision of federal or State law governing debt management services or other related services.
Collection of fees for referring, advising, procuring, arranging, or assisting consumers with credit
(b)(1) Notwithstanding any other provision of State law, a licensee may not, directly or indirectly, collect any fee for referring, advising, procuring, arranging, or assisting a consumer in obtaining any extension of credit or other consumer service from a lender or service provider if the licensee, or any owner, officer, director, principal, or employee of the licensee, is an owner, partner, director, officer, or employee of the lender or service provider.
(2) This subsection does not prohibit a licensee from referring, advising, procuring, arranging, or assisting a consumer in obtaining any extension of credit or other consumer service from a lender or service provider of which the licensee, or any owner, officer, director, principal, or employee of the licensee, is an owner, partner, director, officer, or employee, if:
(i) The licensee does not directly or indirectly collect any fee; and
(ii) The consumer is provided with a written disclosure of the relationship.

Credits

Added by Acts 2003, c. 374, § 1, eff. Oct. 1, 2003; Acts 2003, c. 375, § 1, eff. Oct. 1, 2003. Amended by Acts 2005, c. 574, § 2, eff. Oct. 1, 2005; Acts 2012, c. 56, § 1, eff. July 1, 2012.
MD Code, Financial Institutions, § 12-920, MD FIN INST § 12-920
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.
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