Section 13-301 - [Effective Until 6/30/2025] Unfair, abusive, or deceptive trade practices definedUnfair, abusive, or deceptive trade practices include any:
(1) False, falsely disparaging, or misleading oral or written statement, visual description, or other representation of any kind which has the capacity, tendency, or effect of deceiving or misleading consumers;(2) Representation that: (i) Consumer goods, consumer realty, or consumer services have a sponsorship, approval, accessory, characteristic, ingredient, use, benefit, or quantity which they do not have;(ii) A merchant has a sponsorship, approval, status, affiliation, or connection which he does not have;(iii) Deteriorated, altered, reconditioned, reclaimed, or secondhand consumer goods are original or new; or(iv) Consumer goods, consumer realty, or consumer services are of a particular standard, quality, grade, style, or model which they are not;(3) Failure to state a material fact if the failure deceives or tends to deceive;(4) Disparagement of the goods, realty, services, or business of another by a false or misleading representation of a material fact;(5) Advertisement or offer of consumer goods, consumer realty, or consumer services:(i) Without intent to sell, lease, or rent them as advertised or offered; or(ii) With intent not to supply reasonably expected public demand, unless the advertisement or offer discloses a limitation of quantity or other qualifying condition;(6) False or misleading representation of fact which concerns:(i) The reason for or the existence or amount of a price reduction; or(ii) A price in comparison to a price of a competitor or to one's own price at a past or future time;(7) Knowingly false statement that a service, replacement, or repair is needed;(8) False statement which concerns the reason for offering or supplying consumer goods, consumer realty, or consumer services at sale or discount prices;(9) Deception, fraud, false pretense, false premise, misrepresentation, or knowing concealment, suppression, or omission of any material fact with the intent that a consumer rely on the same in connection with: (i) The promotion or sale of any consumer goods, consumer realty, or consumer service;(ii) A contract or other agreement for the evaluation, perfection, marketing, brokering or promotion of an invention; or(iii) The subsequent performance of a merchant with respect to an agreement of sale, lease, or rental;(10) Solicitations of sales or services over the telephone without first clearly, affirmatively, and expressly stating:(i) The solicitor's name and the trade name of a person represented by the solicitor;(ii) The purpose of the telephone conversation; and(iii) The kind of merchandise, real property, intangibles, or service solicited;(11) Use of any plan or scheme in soliciting sales or services over the telephone that misrepresents the solicitor's true status or mission;(12) Use of a contract related to a consumer transaction which contains a confessed judgment clause that waives the consumer's right to assert a legal defense to an action;(13) Use by a seller, who is in the business of selling consumer realty, of a contract related to the sale of single family residential consumer realty, including condominiums and town houses, that contains a clause limiting or precluding the buyer's right to obtain consequential damages as a result of the seller's breach or cancellation of the contract;(14) Violation of a provision of:(ii) An order of the Attorney General or agreement of a party relating to unit pricing under Title 14, Subtitle 1 of this article;(iii) Title 14, Subtitle 2 of this article, the Maryland Consumer Debt Collection Act;(iv) Title 14, Subtitle 3 of this article, the Maryland Door-to-Door Sales Act;(v) Title 14, Subtitle 9 of this article, Kosher Products;(vi) Title 14, Subtitle 10 of this article, Automotive Repair Facilities;(vii) Section 14-1302 of this article;(viii) Title 14, Subtitle 11 of this article, Maryland Layaway Sales Act;(ix) Section 22-415 of the Transportation Article;(x) Title 14, Subtitle 20 of this article;(xi) Title 14, Subtitle 15 of this article, the Automotive Warranty Enforcement Act;(xii) Title 14, Subtitle 21 of this article;(xiii) Section 18-107 of the Transportation Article;(xiv) Title 14, Subtitle 22 of this article, the Maryland Telephone Solicitations Act;(xv) Title 14, Subtitle 23 of this article, the Automotive Crash Parts Act;(xvi) Title 10, Subtitle 6 of the Real Property Article;(xvii) Title 14, Subtitle 25 of this article, the Hearing Aid Sales Act;(xviii) Title 14, Subtitle 26 of this article, the Maryland Door-to-Door Solicitations Act;(xix) Title 14, Subtitle 31 of this article, the Maryland Household Goods Movers Act;(xx) Title 14, Subtitle 32 of this article, the Maryland Telephone Consumer Protection Act;(xxi) Title 14, Subtitle 34 of this article, the Social Security Number Privacy Act;(xxii) Title 14, Subtitle 37 of this article, the Online Child Safety Act;(xxiii) Section 14-1319, § 14-1320, or § 14-1322 of this article;(xxiv) Section 7-304 or § 8-801 of the Criminal Law Article;(xxv) Title 7, Subtitle 3 of the Real Property Article, the Protection of Homeowners in Foreclosure Act;(xxvi) Title 6, Subtitle 13 of the Environment Article;(xxvii) Section 7-405(e)(2)(ii) of the Health Occupations Article;(xxviii) Title 12, Subtitle 10 of the Financial Institutions Article;(xxix) Title 19, Subtitle 7 of the Business Regulation Article;(xxx) Section 15-311.3 of the Transportation Article;(xxxi) Section 14-1324 of this article;(xxxii) Section 14-1326 of this article;(xxxiii) The federal Military Lending Act;(xxxiv) The federal Servicemembers Civil Relief Act;(xxxv) Section 11-210 of the Education Article;(xxxvi) Title 14, Subtitle 44 of this article;(xxxvii) Section 19-214.4 of the Health - General Article;(xxxviii) Section 14-905 of the Real Property Article;(xxxvix) Section 14-1327 of this article;(xl) Title 14, Subtitle 13 of the Public Safety Article; (xli) Title 14, Subtitle 45 of this article; or(xlii) Title 14, Subtitle 46 of this article; or Subtitle 46. Self-Administered Sexual Assault Evidence Collection Kits.(15) Act or omission that relates to a residential building and that is chargeable as a misdemeanor under or otherwise violates a provision of the Energy Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article.Amended by 2024 Md. Laws, Ch. 262,Sec. 1, eff. 4/25/2024.Amended by 2023 Md. Laws, Ch. 413, Sec. 1, eff. 1/1/2024.Amended by 2023 Md. Laws, Ch. 631, Sec. 1, eff. 10/1/2023.Amended by 2023 Md. Laws, Ch. 630, Sec. 1, eff. 10/1/2023.Amended by 2023 Md. Laws, Ch. 525, Sec. 1, eff. 6/1/2023.Amended by 2022 Md. Laws, Ch. 501, Sec. 1, eff. 10/1/2022.Amended by 2020 Md. Laws, Ch. 160, Sec. 1, eff. 10/1/2020.Amended by 2020 Md. Laws, Ch. 628, Sec. 1, eff. 5/8/2020.Amended by 2020 Md. Laws, Ch. 554, Sec. 2, eff. 7/1/2020.Amended by 2018 Md. Laws, Ch. 732, Sec. 3, eff. 10/1/2018.Amended by 2018 Md. Laws, Ch. 731, Sec. 1, eff. 10/1/2018.Amended by 2018 Md. Laws, Ch. 515, Sec. 1, eff. 10/1/2018.This section is set out more than once due to postponed, multiple, or conflicting amendments.