2021 Maryland Statutes
Commercial Law
Title 12 - Credit Regulations
Subtitle 14 - Credit Card Processors
Section 12-1403 - Merchant Processing Agreement

    (a)    If a business entity cancels a merchant processing agreement before the expiration of the initial term agreed on by the credit card processor and the business entity, the credit card processor may not assess or charge a fee, fine, or penalty that exceeds $500.

    (b)    If a business entity terminates the merchant processing agreement after the expiration of the initial term agreed on by a credit card processor and a business entity, the credit card processor may not assess a fee, fine, or penalty, unless a credit card processor and a business entity have entered into a separate renewal merchant processing agreement.

    (c)    Subject to subsection (d) of this section, a merchant processing agreement shall disclose clearly and conspicuously in bold, 12 point font the following information:

        (1)    The amount of any early termination fee, fine, penalty, or liquidated damages that may be assessed by the credit card processor for termination of a merchant processing agreement before the expiration of the initial term;

        (2)    The expiration date of the merchant processing agreement;

        (3)    The renewal date of the merchant processing agreement; and

        (4)    The customer service contact information of the credit card processor, including telephone number, mailing address, and e–mail address.

    (d)    The information required under subsection (c) of this section shall be:

        (1)    Provided on the signature page of a merchant processing agreement; and

        (2)    Initialed separately by the business entity.

    (e)    The credit card processor shall provide a copy of the merchant processing agreement in electronic or paper form to the business entity at the time the business entity signs the merchant processing agreement.