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(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a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.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.)
(a) Legislative findings.
(1) Domestic workers are entitled to legal protections under State employment laws including, but not limited to:
(A) minimum wage;
(B) payment for all hours worked;
(C) payment of wages in United States dollars twice per month;
(D) overtime pay of 1.5 times the regular wage rate for hours worked in excess of 40 hours per week; and
(E) worker’s compensation.
(2) The County Council Committee on Health and Human Services sponsored a study of domestic workers in the County which was released on May 10, 2006. The study found that:
(A) domestic workers in the County have limited access to information concerning the legal protections available to them;
(B) many domestic workers in the County are paid less than the minimum wage;
(C) many domestic workers in the County do not receive overtime pay for work in excess of 40 hours per week;
(D) few domestic workers in the County have written employment contracts setting forth the terms and conditions of their employment;
(E) domestic workers in the County who live in their employer’s residence are generally paid less and work longer hours than domestic workers who do not live at their employer’s residence; and
(F) domestic workers in the County are often isolated and unable to experience the peer to peer networking that is necessary for organized labor movements.
(3) The Council finds that legislation is needed to ensure that domestic workers in the County receive the legal protections they are entitled to under State law, as well as the right to a written employment contract governing the terms and conditions of employment.
(b) Definitions. In this Section, the following words have the meaning indicated:
Au pair means an individual who performs childcare services pursuant to the program administered by the State Department of the United States in a private home of the person by whom she is employed.
Disclosure statement means a document confirming that:
(1) an employer presented a written employment contract signed by the employer to a domestic worker after offering to negotiate the terms and conditions of employment; and
(2) the worker voluntarily chose not to sign the contract.
Domestic service means, when primarily performed in a home of a recipient of the service located in the County:
(1) caring for a child;
(2) serving as a companion to a sick, convalescing, disabled, or elderly individual;
(3) housekeeping;
(4) cooking;
(5) cleaning; or
(6) laundry.
Domestic worker means an individual who performs domestic service for wages in the County. Domestic worker does not include:
(1) a registered nurse, licensed practical nurse, or certified nursing assistant who is licensed or certified by the Maryland Board of Nursing;
(2) a child, parent, spouse, or other member of the immediate family of the employer;
(3) an au pair; or
(4) an individual who primarily serves as a companion to a disabled or elderly individual who is unable to care for himself or herself, and who is not employed by an agency.
Elderly means an individual who is 67 years old or older.
Employment contract means a written agreement signed by a domestic worker and an employer which governs the terms and conditions of employment.
Employer means a person who hires a domestic worker to perform at least 20 hours of work each week during any period that is 30 days or longer. An employer may include an agency that hires a domestic worker to perform domestic service in the home of the recipient of the service.
Hours of work means the time during any 7-day period that a domestic worker is on duty.
Paid time off means time for which a domestic worker receives wages without working, including any holiday, vacation, or sick leave.
Unpaid time off means time during the normal hours of work when the domestic worker may be absent without receiving wages.
Wages means any compensation which a domestic worker receives, including any bonus, commission, fringe benefit, or other payment.
(c) Employment Contract. In order to employ a domestic worker, the employer must obtain either a written employment contract signed by both the employer and the domestic worker or a disclosure statement signed by the domestic worker. Each employer must present a proposed written employment contract to a domestic worker and offer to negotiate the terms and conditions of employment. Once a final contract is agreed upon, the employer must sign and give the domestic worker a copy. If the domestic worker is employer by an agency, the employment contract must be between the agency and the employee. Each written employment contract must specify the following terms and conditions of employment:
(1) days and hours of work;
(2) wages;
(3) paid time off;
(4) unpaid time off;
(5) frequency of payment of wages;
(6) deductions from wages;
(7) eligibility for and calculation of overtime wages;
(8) duties;
(9) right of the employer, if any, to require the domestic worker to perform duties that are not specified in the contract;
(10) living accommodations provided by the employer, if any, including deductions for rent;
(11) meals provided by the employer, if any, including deductions for meals;
(12) time allowed for breaks and meals during work hours;
(13) required notice, if any, before the employer or domestic worker terminates the contract;
(14) severance wages, if any, if the employer terminates the contract before the end of the contract period;
(15) contract period;
(16) reimbursement for work-related expenses; and
(17) notice of employment rights under State law.
(d) Living accommodation. Any dwelling unit that includes living accommodations for a domestic worker must meet all minimum standards for a dwelling unit in Chapter 26 and the worker must have:
(1) a private room for sleeping with a door that can be locked;
(2) reasonable access to a kitchen;
(3) reasonable access to a bathroom;
(4) reasonable access to laundry facilities.
(e) Model Contract. The Director, after consulting with the Commission for Women, must draft and make available a model employment contract and a model disclosure statement which an employer may use to comply with this Section. The model contract and the model disclosure statement must be published in English, French, and Spanish.
(f) Retaliation. An employer must not retaliate against a domestic worker who:
(1) requests a written contract required under this Section;
(2) seeks to enforce the terms of a written employment contract; or
(3) files a complaint or testifies, assists, or participates in any manner in an investigation, proceeding, or hearing to enforce this Section.
(g) Complaint. If an employer does not comply with this Section, a domestic worker may file a complaint under Section 11-6. (2008 L.M.C., ch. 27, § 1.)
(a) For purposes of this section, the following terms have the meanings indicated.
(1) Business Regulation Article means the Business Regulation Article of the Maryland Code, as amended.
(2) Credit price means the highest total amount, including any fees, payable to a gas station by a customer using a credit card or other non-cash form of payment, for one whole measurement unit of regular gasoline sold on the premises.
(3) Gasoline station means a merchant who sells motor fuel at retail under Section 10-315 of the Business Regulation Article.
(b) A gasoline station must:
(1) comply with Section 10-315 of the Business Regulation Article; and
(2) if the gas station posts a sign under Section 10-315(e) of the Business Regulation Article, include within the sign additional pricing information required under subsection (c) of this Section.
(c) A sign posted by a gas station under Section 10-315(e)(2) of the Business Regulation Article must include the credit price.
(d) If the lowest price under the Business Regulation Article and the credit price are the same, subsection (c) does not apply.
(e) Alternative method of compliance - subject to sunset.
(1) This subsection must sunset and must have no further effect 7 years after this Section takes effect.
(2) Notwithstanding any other provision of this Section, a gas station may satisfy the requirements of subsections (b) and (c) of this Section if it posts, on a sign visible to motorists and separate from the sign required under Section 10-315(e) of the Business Regulation Article, the credit price.
(3) If a gas station posts the credit price under paragraph (2) of this subsection, the letters and numerals on the separate sign must appear in the same size and font as those used on the sign posted under Section 10-315(e) of the Business Regulation Article. (2023 L.M.C., ch. 11, § 1.)
Editor’s note—2023 L.M.C., ch. 11
, § 3, states: Subsection (e) of Section 11-4C, added under Section 1 of this Act, must sunset and must have no further effect 7 years after this Act takes effect.
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