Loading...
In this Chapter, the following words and phrases have the following meanings:
Consumer: A purchaser, lessee, or recipient, or prospective purchaser, lessee or recipient of consumer goods or services, including a co-obligor or surety.
Consumer goods or services: Real estate, goods, services, credit, debts, or obligations that are primarily for personal, household, family or agricultural purposes.
Director or Executive Director: The Director of the Office of Consumer Protection, or the Director's designee.
Merchant: Any person who offers or makes available to consumers, either directly or indirectly, consumer goods or services.
Office: The Office of Consumer Protection.
Person: An individual, proprietor, partnership, corporation, firm, cooperative, association, or any other group of individuals or legal entity, however organized.
Predatory or abusive lending practice: Any representation or marketing practice that is intended to misrepresent terms or mislead a consumer about the value of financing or buying real estate, consumer goods, or consumer services.*
*Editor’s note—The predatory or abusive lending practice definition was added by 2005 L.M.C., ch. 29, § 3 (Bill 36-04). However, in American Financial Services, et. al. v. Montgomery County, (Civil Action No. 269105), the Court declared Bill 36-04 “null and void” by order dated 11/30/06.
Real estate: Any leasehold or other tangible interest in residential real property, dwelling, building, or other structure located on residential real property, including a condominium unit. (1972 L.M.C., ch. 11, § 1; 1974 L.M.C., ch. 13, § 1; FY 1991 L.M.C., ch. 9, § 1; 1996 L.M.C., ch. 13, § 1; 2005 L.M.C., ch. 26, § 1; 2005 L.M.C., ch. 29, § 3; 2006 L.M.C., ch. 7, § 1.)
Editor's note—The above section is discussed in Fosler v. Panoramic Design, Ltd., 376 Md. 118, 829 A.2d 271 (2003). The above section is described in Syndicated Publications, Inc. v. Montgomery County, 921 F.Supp. 1442 (D.Md. 1996).
2005 L.M.C., ch. 26, §§ 2 and 3, state:
Sec. 2. Regulations. A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.
Sec. 3. Transition. This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect. Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.
(a) Established. The Office of Consumer Protection is a department of County government.
(b) Authority. The Office may:
(1) receive and investigate complaints and initiate its own investigation of deceptive, unfair, or unconscionable trade practices against consumers, hold hearings, compel the attendance of witnesses, administer oaths, take the testimony of any person under oath and require the production of any evidence relating to any matter under investigation or in question by the Office;
(2) issue summonses and subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence in any matter to which this Chapter applies;
(3) issue cease and desist orders and bring enforcement actions regarding any trade practice that violates this Chapter;
(4) report to any appropriate government agency with jurisdiction over real estate transactions or consumer protection matters any information concerning violation of any consumer protection law;
(5) communicate the interests of consumers and merchants before administrative and regulatory agencies and legislative bodies to ensure that both are adequately represented;
(6) assist, advise, and cooperate with the Better Business Bureau and local, state, and federal agencies and officials to protect and promote the interests of County consumers;
(7) assist, develop, and conduct programs of consumer education and information through public hearings, meetings, publications, or other materials prepared for distribution to County consumers;
(8) encourage local business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion, and sale of consumer goods or services;
(9) protect and promote the welfare of County consumers and merchants;
(10) report annually on the number, nature, and disposition of complaints filed with the Office. The annual report must include any recommendations made by the Advisory Committee on Consumer Protection;
(11) adopt regulations under method (2) to implement this Chapter;
(12) operate a voluntary arbitration program;
(13) enforce laws pertaining to motor vehicle repair, electrical appliances, secondhand personal property, and any other law that the Office is assigned to enforce; and
(14) undertake activities and establish procedures to identify, and assist consumers with respect to, any discriminatory, predatory, or abusive lending practices.*
*Editor’s note—Paragraph (14), formerly paragraph (n), was added by 2005 L.M.C., ch. 29, § 3 (Bill 36-04). However, in American Financial Services, et. al. v. Montgomery County, (Civil Action No. 269105), the Court declared Bill 36-04 “null and void” by order dated 11/30/06.
(c) Energy and environmental advocacy.
(1) The Office, after consulting appropriate County departments, must advocate for the County’s interest in obtaining the lowest possible rates consistent with environmental stewardship, including the County’s climate change objectives, for gas, electricity, and other energy sources by participating in matters pending before appropriate federal and state agencies, including intervening and filing comments in those matters.
(2) The Office may employ consultants and technical advisors as necessary to implement this subsection in accordance with funds appropriated in the County budget.
(3) By September 1 of each year, the Office must report to the County Executive and County Council on the actions that the Office has taken in the preceding fiscal year to implement this subsection.
(1972 L.M.C., ch. 11, § 1; 1974 L.M.C., ch. 13, § 2; 1979 L.M.C., ch. 16, § 2; 1980 L.M.C., ch. 21, § 12; 1984 L.M.C., ch. 24, § 13; 1984 L.M.C., ch. 27, § 12; 1986 L.M.C., ch. 37, § 3; 1996 L.M.C., ch. 13, § 1; 2005 L.M.C., ch. 26, § 1; 2005 L.M.C., ch. 29, § 3; 2006 L.M.C., ch. 7, § 1; 2007 L.M.C, ch. 5, § 1; 2008 L.M.C., ch. 12, § 1.)
Editor's note—The above section is discussed in Fosler v. Panoramic Design, Ltd., 376 Md. 118, 829 A.2d 271 (2003). The above section is described in Syndicated Publications, Inc. v. Montgomery County, 921 F.Supp. 1442 (D.Md. 1996).
2007 L.M.C., ch. 5, § 2, states: Affect on incumbents. If on the effective date of this Act [May 28, 2007] a merit system employee occupies a position which this Act converts to a non-merit position:
(a) that employee retains all merit system rights; and
(b) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.
2005 L.M.C., ch. 26, §§ 2 and 3, state:
Sec. 2. Regulations. A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.
Sec. 3. Transition. This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect. Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.
Cross reference-Office of consumer affairs established, § 1A-203(a).
(a) Creation and composition; appointment of members; chair. There is an Advisory Committee on Consumer Protection, which consists of 9 persons appointed by the County Executive, subject to confirmation by the County Council. The membership must reflect a cross-section of consumer and business interests. At least 2 members must be members of the Better Business Bureau or of another County-wide association of merchants. At least 1 member must be a member of the Community Action Board, and a second member must be recommended by the Community Action Board. If, after written notice to these groups, no application is received from a member of these groups, and no recommendation is received from one of these groups, the Executive may appoint a person from the public-at-large. Each member serves a 3 year term. A member appointed to fill a vacancy serves the rest of the unexpired term. Each member continues in office until a successor is appointed and confirmed. The Committee must elect one member as chair and another member as vice chair, each to serve in that capacity at the pleasure of the Committee, and such other officers as it determines.
(b) Compensation. Members of the Committee receive no compensation for their services.
(c) Meetings; services; reports. The Committee must meet when required by the chair, but no less than once each month. The Committee must submit an annual report to the Executive and Council.
(d) Powers and duties. The Committee must advise the Office in carrying out its duties and functions under this Chapter, and may hold public hearings on any topic related to Consumer Protection.(1972 L.M.C., ch. 11, § 1; 1977 L.M.C., ch. 28, § 5; 1978 L.M.C., ch.19, § 1; FY 1991 L.M.C., ch. 9, § 1; 1996 L.M.C., ch. 13, § 1; 2005 L.M.C., ch. 26, § 1; 2006 L.M.C., ch. 7, § 1.)
Editor's note—The above section is discussed in Fosler v. Panoramic Design, Ltd., 376 Md. 118, 829 A.2d 271 (2003).
2005 L.M.C., ch. 26, §§ 2 and 3, state:
Sec. 2. Regulations. A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.
Sec. 3. Transition. This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect. Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.
Cross reference-Boards and commissions generally, § 2-141 et seq.
A merchant must not engage in a deceptive, unfair, or unconscionable trade practice, whether or not any specific consumer has, in fact, been misled, deceived, or damaged thereby. Deceptive, unfair, or unconscionable trade practices include:
(a) a representation that consumer goods or services have sponsorship, approval, accessories, characteristics, ingredients, uses, benefits, or quantities that they do not have;
(b) a representation that the merchant has a sponsorship, approval, corporation indication, status, affiliation, or connection that the merchant does not have;
(c) a representation that consumer goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, or secondhand;
(d) a representation that consumer goods or services are of a particular standard, quality, grade, style, or model, if they are of another;
(e) a misrepresentation as to a material fact that has a tendency to mislead;
(f) a failure to state a material fact if the failure deceives or tends to deceive;
(g) disparaging the consumer goods or services, or business of another by false or misleading representations of material facts;
(h) advertising or offering consumer goods or services without the intent or authority to sell them as advertised or offered;
(i) advertising or offering consumer goods or services with intent not to supply reasonably expected public demand, unless the advertisement or offer discloses a limit of quantity or other qualifying condition;
(j) making false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions; or the price in comparison to the price of competitors or one's own price at a past or future time;
(k) falsely stating that consumer goods or services, replacements, or repairs are needed;
(l) falsely stating the reasons for offering or supplying consumer goods or services at sale or discount prices;
(m) harassment of or threat to any person with regard to any act other than legal process;
(n) any deception, fraud, false pretense, false premise, misrepresentation, or concealment, suppression, or omission of any material fact with the intent that consumers rely on the concealment, suppression, or omission, in connection with any consumer goods or services;
(o) any false, falsely disparaging or misleading oral or written statement, visual description or other representation of any kind that has the capacity, tendency, or effect of deceiving or misleading consumers and is made in connection with any consumer goods or services;
(p) any representation that an agreement confers or limits rights, remedies, or obligations that it does not confer or limit, or that are prohibited by law;
(q) failure of any merchant to comply with a warranty;
(r) failure to provide a written estimate of repairs, alterations, modifications, or services when requested by a consumer and the later repair, alteration, modification, or servicing of any item without first tendering a written estimate;
(s) performing repairs, alterations, modifications, or services exceeding by 25 percent or more the price quoted in a written estimate without prior approval of the consumer;
(t) imposing or demanding a labor or service charge without notifying the consumer of the charge before dismantling, disassembling or otherwise altering a consumer good;
(u) failing to supply a consumer with a copy of a contract, lease, promissory note, trust agreement, or evidence of indebtedness when the consumer executes the document;
(v) making or enforcing unconscionable contract terms. In applying this subsection, the following factors may be considered:
(1) knowledge by the merchant when a credit sale or loan is consummated that there was no reasonable probability of payment in full of the obligation by the consumer;
(2) knowledge by the merchant at the time of the sale or lease of the consumer’s inability to receive substantial benefits from the consumer good or service sold or leased;
(3) gross disparity between the price of consumer goods or services sold or leased and the value of the consumer goods or services measured by the price at which similar consumer goods or services are readily obtainable by like buyers or lessees;
(4) the fact that the merchant contracted for or received separate charges for insurance with respect to credit sales with the effect of making the sales, considered as a whole, unconscionable;
(5) the fact that the merchant has knowingly taken advantage of the inability of a consumer reasonably to protect his or her interests because of physical or mental infirmities, ignorance, illiteracy, inability to understand the language of the agreement, or similar factors;
(w) replacing any part in an electrical or mechanical apparatus, appliance, chattel, or other consumer good when the part was not defective, unless expressly requested by the consumer;
(x) falsely stating or representing that any repair, alteration, or service was performed;
(y) taking payment for goods or services without delivering the goods or performing the services; or
(z) practicing, or in any way engaging in, any trade, occupation, or profession without a license, registration, certificate, or other evidence of training or experience required by law. (1972 L.M.C., ch. 11, § 1; 1976 L.M.C., ch. 21, § 1; 2006 L.M.C., ch. 7, § 1; 2023 L.M.C., ch. 11, §1.)
Editor’s note—The above section is cited in Nefedro v. Montgomery County, 414 Md. 585, 996 A.2d 850 (2010). The above section is discussed in Fosler v. Panoramic Design, Ltd., 376 Md. 118, 829 A.2d 271 (2003). The above section is quoted, interpreted and held valid in Syndicated Publications, Inc. v. Montgomery County, 921 F.Supp. 1442 (D.Md. 1996).
Editor’s note—Former Section 11-4A, unfair trade practices - future service contracts, which was derived from 1993 L.M.C., ch. 25, § 1 and 1995 L.M.C., ch. 9, § 1, was repealed by 2006 L.M.C., ch. 7, § 1. That section is discussed in Fosler v. Panoramic Design, Ltd., 376 Md. 118, 829 A.2d 271 (2003).
(a) A merchant must not engage in any unfair trade practice in the provision of internet access service using any facility in its control that is located in a County right-of-way.
(b) An unfair trade practice includes the refusal or failure of a merchant to:
(1) provide any internet access service for which a consumer has paid;
(2) properly install any facility required to provide internet access service to a consumer; or
(3) promptly and effectively respond to a consumer complaint concerning internet access service.
(c) Internet access service means the provision of internet access to a consumer over any facility controlled by a merchant that is located in a County right-of-way.
(d) The County Executive must issue regulations under Method (2) that establish minimum internet access service standards that a merchant must comply with.
(e) (1) The Department of Technology and Enterprise Business Solutions may receive an investigate complaints of violations of this Section. The Cable Compliance Commission may adjudicate violations of this Section, as provided in Section 8A-31.
(2) The Department may also refer any complaint received under this Section to the Office of Consumer Protection for investigation and enforcement. To enforce any complaint referred to it under this Section, the Office of Consumer Protection may pursue any remedy for violations of this Chapter. (2006 L.M.C., ch. 36, § 1; 2021 L.M.C., ch. 10, §1.)
Loading...