Maryland Commercial Law Section 13-410

Article - Commercial Law

§ 13-410.

      (a)      A merchant who engages in a violation of this title is subject to a fine of not more than $1,000 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 of not more than $5,000 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.



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