2013 Maryland Code
COMMERCIAL LAW
§ 11-704 - Determination whether advertisement misleading

§11-704.

To determine if an advertisement is misleading, the following, in addition to any other appropriate considerations, shall be considered:

(1) Any representation made by statement, word, design, device, or sound, whether alone or together; and

(2) The extent to which the advertisement fails to reveal a fact which, in light of any representation made, is material with respect to the advertised commodity or service under conditions which are:

(i) Customary or usual; or

(ii) Described in the advertisement.

§ 11-704 - 1. Mispresentations in directory advertisements

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) (i) "Local telephone classified advertising directory" means a telephone directory that:

1. Contains classified advertisements; and

2. Is distributed free of charge to residents in the State.

(ii) "Local telephone classified advertising directory" includes a directory distributed by a person other than a telephone company.

(3) (i) "Local telephone directory" means a telephone directory that is:

1. Available free of charge to telephone subscribers in an area of the State; and

2. Does not contain classified advertisements.

(ii) "Local telephone directory" includes a directory distributed by a person other than a telephone company.

(4) "Location" means any part of the address of a person, including the street, the city, or the state.

(b) Applicability of section. --

(1) This section applies only to business telephone listings and advertisements.

(2) This section does not apply to any bank, trust company, savings bank, savings and loan association, or credit union incorporated or chartered under the laws of this State or the United States or any other state bank having a branch in this State.

(c) Violations of § 11-703. --

(1) A person is in violation of § 11-703 of this subtitle if the person:

(i) Causes to be published in a local telephone classified advertising directory an advertisement that misrepresents the location of the person; or

(ii) Causes to be listed in a local telephone directory a telephone listing that misrepresents the location of the person.

(2) For purposes of this subsection, a person commits a separate violation for each edition of a local telephone directory or local telephone advertising directory in which the advertisement or telephone listing is published.