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2017 Maryland Code
Commercial Law
Title 13 - Consumer Protection Act
Subtitle 4 - Enforcement and Penalties
§ 13-410. Civil penalty -- Merchants
Universal Citation: MD Comm L Code § 13-410 (2017)
- (a) First violation. -- 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) Subsequent violation. -- 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) Fines as civil penalties. -- 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) Factors affecting penalty amount. -- 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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