2013 Maryland Code
COMMERCIAL LAW
§ 12-1110 - Penalties; exceptions

§12-1110.

(a) A person who willfully and intentionally violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $500 per violation.

(b) For a violation of a provision of this subtitle, a consumer under a rental-purchase agreement may recover from the lessor committing the violation, or may set off by way of a counterclaim in an action brought by the lessor or its assignee, an amount equal to:

(1) Actual damages; and

(2) $500 plus reasonable attorney’s fees and court costs.

(c) A lessor or its assignee may not be held liable under this subtitle if the lessor or its assignee proves by a preponderance of the evidence:

(1) That the violation was unintentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid that type of error; and

(2) That the lessor or its assignee corrected the error and refunded any money excessively charged due to the error, within 30 days after discovering or receiving notice of the error.

§ 12-1110 - 1. Recovery of property subject to rental-purchase agreement

(a) When action can be brought. -- A lessor may not bring a court action to recover property subject to a rental-purchase agreement until 15 days after the consumer has been sent notice of a default.

(b) Notice of default. -- Notice of default sent by certified mail to the consumer's last known address constitutes notice.

(c) Contents of notice. -- The notice shall include any amount the consumer must pay to reinstate the rental-purchase agreement, if applicable.