Current with changes from the 2024 Legislative Session
Section 14-1325 - Nondisparagement clauses in consumer contracts(a)(1) In this section the following words have the meanings indicated.(2) "Consumer" means an actual or a prospective purchaser, lessee, or recipient of consumer goods or services.(3) "Consumer goods or services" means goods or services that are primarily for personal, household, or family purposes.(b) A contract or a proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer's right to make any statement concerning: (1) The seller or lessor;(2) Employees or agents of the seller or lessor; or(3) The consumer goods or services.(c) A person may not: (1) Threaten or seek enforcement of a contract provision prohibited under subsection (b) of this section; or(2) Penalize a consumer for making any statement protected under subsection (b) of this section.(d) A waiver of any provision of this section is contrary to public policy and is void and unenforceable.(e) This section may not be construed to prohibit or limit a person: (1) That hosts online consumer reviews or comments from removing a statement that is otherwise lawful to remove;(2) From including in a contract or a proposed contract for the sale or lease of consumer goods or services a provision prohibiting a consumer from disclosing proprietary information, techniques, or processes; or(3) From bringing an action alleging that a statement made by a consumer is defamatory.(f) A violation of this section is: (1) An unfair and deceptive trade practice within the meaning of Title 13 of this article; and(2) Subject to the enforcement and penalty provisions contained in Title 13 of this article.Added by 2016 Md. Laws, Ch. 96,Sec. 1, eff. 10/1/2016.