2013 Maryland Code
COMMERCIAL LAW
§ 12-918 - Civil penalties

§12-918.

(a) (1) In this subsection, “notice” means the first to occur of the following:

(i) When the credit grantor receives a written notice from the borrower notifying the credit grantor of an error or violation;

(ii) When the credit grantor receives a written notice from the Commissioner of Financial Regulation or the appropriate regulatory authority notifying the credit grantor of an error or violation; or

(iii) When the credit grantor receives service of process in a civil action for an error or violation instituted by the borrower in a court of competent jurisdiction.

(2) Except for a bona fide error of computation, if a credit grantor violates any provision of this subtitle the credit grantor may collect only the principal amount of credit extended and may not collect any interest, costs, fees, or other charges with respect to the credit extension.

(3) The penalty provided under paragraph (2) of this subsection does not apply where a credit grantor:

(i) Unintentionally and in good faith fails to comply with § 12-903, § 12-904, § 12-905, § 12-910, § 12-911, § 12-913.2, § 12-923(d), or § 12-924 of this subtitle; and

(ii) Corrects the error or violation and makes the borrower whole for all losses, including reasonable attorney’s fees and interests, where appropriate, within 10 days after the credit grantor receives notice of the error or violation.

(4) The burden shall be on the credit grantor to show that the credit grantor’s failure to comply with § 12-903, § 12-904, § 12-905, § 12-910, § 12-911, § 12-913.2, § 12-923(d), or § 12-924 of this subtitle was unintentional and in good faith.

(b) A credit grantor who knowingly violates any provision of this subtitle shall forfeit to the borrower 3 times the amount of interest, fees, and charges collected in excess of that authorized by this subtitle.

§ 12-918 - 1. Civil penalties -- Exception

(a) "Commissioner" defined. -- In this section, "Commissioner" means the Commissioner of Financial Regulation.

(b) In general. -- Except as provided in subsection (c) of this section, the penalty provided under § 12-918(a)(2) of this subtitle does not apply if a credit grantor:

(1) Performed or omitted to perform an act in conformity with or in reliance on:

(i) A written opinion of the Attorney General of Maryland or a regulation adopted by the Commissioner;

(ii) A written opinion by the Commissioner or Deputy Commissioner; or

(iii) An interpretation by the Commissioner in a written notice or examination report; or

(2) Used a form or procedure that has been approved in writing by the Commissioner and the Attorney General.

(c) Exceptions. -- The provisions of subsection (b) of this section do not apply to an act or omission to act that occurs after:

(1) The opinion, regulation, or interpretation relied on is amended, repealed, or determined to be invalid for any reason by any judicial or other authority; or

(2) Approval for a form or procedure is amended, rescinded, or determined to be invalid for any reason by any judicial or other authority.

(d) Construction. -- This section may not be construed to:

(1) Limit the imposition of any civil or criminal penalty for a knowing or willful violation of this subtitle; or

(2) Limit the power of the Commissioner or the courts to order a refund to a borrower of moneys collected in violation of this subtitle.