Md. Code, Com. § 13-301

Current with changes from the 2024 Legislative Session

Section 13-301 - [Effective Until 6/30/2025] Unfair, abusive, or deceptive trade practices defined

Unfair, abusive, or deceptive trade practices include any:

(1) False, falsely disparaging, or misleading oral or written statement, visual description, or other representation of any kind which has the capacity, tendency, or effect of deceiving or misleading consumers;

(2) Representation that:

(i) Consumer goods, consumer realty, or consumer services have a sponsorship, approval, accessory, characteristic, ingredient, use, benefit, or quantity which they do not have;

(ii) A merchant has a sponsorship, approval, status, affiliation, or connection which he does not have;

(iii) Deteriorated, altered, reconditioned, reclaimed, or secondhand consumer goods are original or new; or

(iv) Consumer goods, consumer realty, or consumer services are of a particular standard, quality, grade, style, or model which they are not;

(3) Failure to state a material fact if the failure deceives or tends to deceive;

(4) Disparagement of the goods, realty, services, or business of another by a false or misleading representation of a material fact;

(5) Advertisement or offer of consumer goods, consumer realty, or consumer services:

(i) Without intent to sell, lease, or rent them as advertised or offered; or

(ii) With intent not to supply reasonably expected public demand, unless the advertisement or offer discloses a limitation of quantity or other qualifying condition;

(6) False or misleading representation of fact which concerns:

(i) The reason for or the existence or amount of a price reduction; or

(ii) A price in comparison to a price of a competitor or to one's own price at a past or future time;

(7) Knowingly false statement that a service, replacement, or repair is needed;

(8) False statement which concerns the reason for offering or supplying consumer goods, consumer realty, or consumer services at sale or discount prices;

(9) Deception, fraud, false pretense, false premise, misrepresentation, or knowing concealment, suppression, or omission of any material fact with the intent that a consumer rely on the same in connection with:

(i) The promotion or sale of any consumer goods, consumer realty, or consumer service;

(ii) A contract or other agreement for the evaluation, perfection, marketing, brokering or promotion of an invention; or

(iii) The subsequent performance of a merchant with respect to an agreement of sale, lease, or rental;

(10) Solicitations of sales or services over the telephone without first clearly, affirmatively, and expressly stating:

(i) The solicitor's name and the trade name of a person represented by the solicitor;

(ii) The purpose of the telephone conversation; and

(iii) The kind of merchandise, real property, intangibles, or service solicited;

(11) Use of any plan or scheme in soliciting sales or services over the telephone that misrepresents the solicitor's true status or mission;

(12) Use of a contract related to a consumer transaction which contains a confessed judgment clause that waives the consumer's right to assert a legal defense to an action;

(13) Use by a seller, who is in the business of selling consumer realty, of a contract related to the sale of single family residential consumer realty, including condominiums and town houses, that contains a clause limiting or precluding the buyer's right to obtain consequential damages as a result of the seller's breach or cancellation of the contract;

(14) Violation of a provision of:

(i) This title;

(ii) An order of the Attorney General or agreement of a party relating to unit pricing under Title 14, Subtitle 1 of this article;

(iii) Title 14, Subtitle 2 of this article, the Maryland Consumer Debt Collection Act;

(iv) Title 14, Subtitle 3 of this article, the Maryland Door-to-Door Sales Act;

(v) Title 14, Subtitle 9 of this article, Kosher Products;

(vi) Title 14, Subtitle 10 of this article, Automotive Repair Facilities;

(vii) Section 14-1302 of this article;

(viii) Title 14, Subtitle 11 of this article, Maryland Layaway Sales Act;

(ix) Section 22-415 of the Transportation Article;

(x) Title 14, Subtitle 20 of this article;

(xi) Title 14, Subtitle 15 of this article, the Automotive Warranty Enforcement Act;

(xii) Title 14, Subtitle 21 of this article;

(xiii) Section 18-107 of the Transportation Article;

(xiv) Title 14, Subtitle 22 of this article, the Maryland Telephone Solicitations Act;

(xv) Title 14, Subtitle 23 of this article, the Automotive Crash Parts Act;

(xvi) Title 10, Subtitle 6 of the Real Property Article;

(xvii) Title 14, Subtitle 25 of this article, the Hearing Aid Sales Act;

(xviii) Title 14, Subtitle 26 of this article, the Maryland Door-to-Door Solicitations Act;

(xix) Title 14, Subtitle 31 of this article, the Maryland Household Goods Movers Act;

(xx) Title 14, Subtitle 32 of this article, the Maryland Telephone Consumer Protection Act;

(xxi) Title 14, Subtitle 34 of this article, the Social Security Number Privacy Act;

(xxii) Title 14, Subtitle 37 of this article, the Online Child Safety Act;

(xxiii) Section 14-1319, § 14-1320, or § 14-1322 of this article;

(xxiv) Section 7-304 or § 8-801 of the Criminal Law Article;

(xxv) Title 7, Subtitle 3 of the Real Property Article, the Protection of Homeowners in Foreclosure Act;

(xxvi) Title 6, Subtitle 13 of the Environment Article;

(xxvii) Section 7-405(e)(2)(ii) of the Health Occupations Article;

(xxviii) Title 12, Subtitle 10 of the Financial Institutions Article;

(xxix) Title 19, Subtitle 7 of the Business Regulation Article;

(xxx) Section 15-311.3 of the Transportation Article;

(xxxi) Section 14-1324 of this article;

(xxxii) Section 14-1326 of this article;

(xxxiii) The federal Military Lending Act;

(xxxiv) The federal Servicemembers Civil Relief Act;

(xxxv) Section 11-210 of the Education Article;

(xxxvi) Title 14, Subtitle 44 of this article;

(xxxvii) Section 19-214.4 of the Health - General Article;

(xxxviii) Section 14-905 of the Real Property Article;

(xxxvix) Section 14-1327 of this article;

(xl) Title 14, Subtitle 13 of the Public Safety Article;

(xli) Title 14, Subtitle 45 of this article;

(xlii) Section 12-6C-09.1 of the Health Occupations Article; or

(xliii) Title 14, Subtitle 46 of this article; or Subtitle 46. Self-Administered Sexual Assault Evidence Collection Kits.

(15) Act or omission that relates to a residential building and that is chargeable as a misdemeanor under or otherwise violates a provision of the Energy Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article.

Md. Code, CL § 13-301

Amended by 2024 Md. Laws, Ch. 962,Sec. 1, eff. 7/1/2024.

Amended by 2024 Md. Laws, Ch. 262,Sec. 1, eff. 4/25/2024.

Amended by 2023 Md. Laws, Ch. 413, Sec. 1, eff. 1/1/2024.

Amended by 2023 Md. Laws, Ch. 631, Sec. 1, eff. 10/1/2023.

Amended by 2023 Md. Laws, Ch. 630, Sec. 1, eff. 10/1/2023.

Amended by 2023 Md. Laws, Ch. 525, Sec. 1, eff. 6/1/2023.

Amended by 2022 Md. Laws, Ch. 501, Sec. 1, eff. 10/1/2022.

Amended by 2020 Md. Laws, Ch. 160, Sec. 1, eff. 10/1/2020.

Amended by 2020 Md. Laws, Ch. 628, Sec. 1, eff. 5/8/2020.

Amended by 2020 Md. Laws, Ch. 554, Sec. 2, eff. 7/1/2020.

Amended by 2018 Md. Laws, Ch. 732, Sec. 3, eff. 10/1/2018.

Amended by 2018 Md. Laws, Ch. 731, Sec. 1, eff. 10/1/2018.

Amended by 2018 Md. Laws, Ch. 515, Sec. 1, eff. 10/1/2018.

This section is set out more than once due to postponed, multiple, or conflicting amendments.