2018 Maryland Code
Commercial Law
Title 14 - Miscellaneous Consumer Protection Provisions
Subtitle 38 - Refund Anticipation Loans and Checks.
§ 14-3806. Prohibited acts by facilitator.

  • (a) In general. -- A facilitator may not:

    • (1) Require a consumer to enter into a loan agreement in order to complete a tax return;

    • (2) Charge any fee to a consumer or require any other consideration for making or facilitating a refund anticipation loan or refund anticipation check other than the fee imposed by the creditor or other person that provides the refund anticipation loan or refund anticipation check;

    • (3) Engage in a transaction, practice, or course of business that operates a fraud on a consumer in connection with a refund anticipation loan or refund anticipation check, including making oral statements that contradict any of the information required to be disclosed under this subtitle;

    • (4) Arrange, directly or indirectly, for any third party to charge any interest or fee related to a refund anticipation loan or refund anticipation check, other than the refund anticipation loan or refund anticipation check fee imposed by the creditor, including charges for insurance, attorney's fees, collection costs, or check cashing;

    • (5) Misrepresent a material fact or condition of a refund anticipation loan or refund anticipation check; or

    • (6) Fail to process an application for a refund anticipation loan promptly after the consumer applies for the refund anticipation loan.

  • (b) Certain charges or fees allowed. -- Subsection (a)(2) of this section does not prohibit a charge or fee, including a fee for tax return preparation, that is imposed by a facilitator on all of its customers if the same charge or fee, in the same amount, is imposed on customers who do not receive refund anticipation loans, refund anticipation checks, or other tax-related financial products.

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