EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Kraft
A BILL ENTITLED
AN ORDINANCE concerning
Title
Office of Consumer Affairs
FOR the purpose of establishing an Office of Consumer Affairs and providing for its administration, powers, and duties; establishing an Advisory Board on Consumer Affairs and providing for its composition, appointment, powers, and duties; prohibiting certain unfair or deceptive trade practices; defining certain terms; imposing certain penalties; and generally relating to the promotion of consumer affairs and the prohibition of unfair or deceptive trade practices.
Body
BY adding
Article 2 - Protections
Section(s) 18-1 through 18-57, to be under the new subtitle,
"Subtitle 18. Office of Consumer Affairs"
Baltimore City Code
(Edition 2000)
BY adding
Article 8 - Ethics
Section(s) 7-8(6a)
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 2. Consumer Protections
SUBTITLE 18. OFFICE OF CONSUMER AFFAIRS
PART I. DEFINITIONS; GENERAL PROVISIONS
§ 18-1. DEFINITIONS.
(A) IN GENERAL.
IN THIS SUBTITLE, THE FOLLOWING TERMS HAVE THE MEANINGS INDICATED.
(B) "ADMINISTRATOR".
"ADMINISTRATOR" MEANS THE CONSUMER AFFAIRS ADMINISTRATOR OR THE ADMINISTRATOR'S DESIGNEE.
(C) "ADVERTISEMENT".
(1) "ADVERTISEMENT" MEANS THE PUBLICATION, DISSEMINATION, OR CIRCULATION OF ANY ORAL OR WRITTEN MATTER, INCLUDING LABELING, THAT DIRECTLY OR INDIRECTLY TENDS TO INDUCE A PERSON TO ENTER INTO AN OBLIGATION, SIGN A CONTRACT, OR ACQUIRE TITLE OR INTEREST IN ANY MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT.
(2) "ADVERTISEMENT" INCLUDES ANY DEVICE THAT DISGUISES A FORM OF BUSINESS SOLICITATION BY USING:
(I) A WORD SUCH AS "RENEWAL", "INVOICE", "BILL", "STATEMENT", OR "REMINDER" TO CREATE AN IMPRESSION OF AN EXISTING OBLIGATION IF THERE IS NONE; OR
(II) OTHER LANGUAGE TO MISLEAD A PERSON IN RELATION TO A PROPOSED COMMERCIAL TRANSACTION.
(D) "CONSUMER".
"CONSUMER" MEANS AN ACTUAL OR PROSPECTIVE PURCHASER, LESSEE, OR RECIPIENT OF MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT PRIMARILY FOR PERSONAL, HOUSEHOLD, FAMILY, OR AGRICULTURAL PURPOSES.
(E) "INCLUDES"; "INCLUDING".
"INCLUDES" OR "INCLUDING" MEANS BY WAY OF ILLUSTRATION AND NOT BY WAY OF LIMITATION.
(F) "MERCHANDISE".
"MERCHANDISE" MEANS ANY OBJECTS, WARES, GOODS, OR COMMODITIES.
(G) "MERCHANT".
"MERCHANT" MEANS ANY PERSON WHO DIRECTLY OR INDIRECTLY OFFERS OR MAKES AVAILABLE TO CONSUMERS ANY MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT .
(H) "PERSON".
(1) IN GENERAL.
"PERSON" MEANS, EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION:
(I) AN INDIVIDUAL;
(II) A PARTNERSHIP, FIRM, ASSOCIATION, CORPORATION, OR OTHER ENTITY OF ANY KIND; OR
(III) A RECEIVER, TRUSTEE, GUARDIAN, PERSONAL REPRESENTATIVE, FIDUCIARY, OR REPRESENTATIVE OF ANY KIND.
(2) EXCLUSIONS.
"PERSON" DOES NOT INCLUDE A GOVERNMENTAL ENTITY OR AN INSTRUMENTALITY OR UNIT OF A GOVERNMENTAL ENTITY.
(I) "SALE".
"SALE" INCLUDES:
(1) ANY SALE OF OR OFFER OR ATTEMPT TO SELL, FOR CASH OR CREDIT, ANY MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT; AND
(2) ANY SERVICE OR OFFER FOR SERVICE THAT RELATES TO ANY PERSON, BUILDING, OR EQUIPMENT.
(J) "SERVICE".
"SERVICE" MEANS ANY:
(1) BUILDING REPAIR OR IMPROVEMENT SERVICE;
(2) PROFESSIONAL OR SUBPROFESSIONAL SERVICE;
(3) REPAIR OF A MOTOR VEHICLE, HOME APPLIANCE, OR OTHER SIMILAR COMMODITY;
(4) REPAIR, INSTALLATION, OR OTHER SERVICING OF ANY PLUMBING, HEATING, ELECTRICAL, OR MECHANICAL DEVICE.
(K) "UNFAIR OR DECEPTIVE TRADE PRACTICE".
"UNFAIR OR DECEPTIVE TRADE PRACTICE" HAS THE MEANING STATED IN PART IV OF THIS SUBTITLE.
§ 18-2. {RESERVED}
§ 18-3. SEVERABILITY.
(A) IN GENERAL.
EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION:
(1) ALL PROVISIONS OF THIS SUBTITLE ARE SEVERABLE; AND
(2) IF A COURT DETERMINES THAT A WORD, PHRASE, CLAUSE, SENTENCE, PARAGRAPH, SUBSECTION, SECTION, OR OTHER PROVISION IS INVALID OR THAT THE APPLICATION OF ANY PART OF THE PROVISION TO ANY PERSON OR CIRCUMSTANCES IS INVALID, THE REMAINING PROVISIONS AND THE APPLICATION OF THOSE PROVISIONS TO OTHER PERSONS OR CIRCUMSTANCES ARE NOT AFFECTED BY THAT DECISION.
(B) EXCEPTIONS.
SUBSECTION (A) OF THIS SECTION DOES NOT APPLY:
(1) TO THE EXTENT THAT A PROVISION SPECIFICALLY PROVIDES OTHERWISE; OR
(2) IF THE COURT FINDS THAT THE REMAINING PROVISIONS ALONE ARE INCOMPLETE AND INCAPABLE OF BEING EXECUTED IN ACCORDANCE WITH THE LEGISLATIVE INTENT.
§§ 18-4 TO 18-5. {RESERVED}
PART II. OFFICE AND ADMINISTRATOR
§ 18-6. OFFICE ESTABLISHED.
THERE IS AN OFFICE OF CONSUMER AFFAIRS.
§ 18-7. ADMINISTRATOR.
(A) IN GENERAL.
THE HEAD OF THE OFFICE OF CONSUMER AFFAIRS IS THE CONSUMER AFFAIRS ADMINISTRATOR.
(B) APPOINTMENT.
THE ADMINISTRATOR IS APPOINTED BY THE MAYOR, SUBJECT TO CONFIRMATION BY THE CITY COUNCIL, IN ACCORDANCE WITH CITY CHARTER ARTICLE IV, § 6.
(C) QUALIFICATIONS.
THE ADMINISTRATOR MUST:
(1) HAVE THOROUGH KNOWLEDGE OF METHODS AND PRACTICES OF PROTECTING CONSUMER INTEREST, INCLUDING:
(I) KNOWLEDGE OF FEDERAL, STATE, AND CITY LAWS; AND
(II) KNOWLEDGE OF THE METHODS AND TECHNIQUES OF INVESTIGATING COMPLAINTS AND CHARGES OF UNLAWFUL TRADE PRACTICES;
(2) HAVE AT LEAST 5 YEARS OF EXPERIENCE IN COMMUNITY SERVICE OR RELATED WORK, INCLUDING:
(I) AT LEAST 1 YEAR DEALING WITH CONSUMER PROTECTION OR TRADE PRACTICES; AND
(II) AT LEAST 1 YEAR OF MANAGERIAL EXPERIENCE.
§ 18-8. STAFF.
THE OFFICE OF CONSUMER AFFAIRS MAY EMPLOY A STAFF AS PROVIDED IN THE ORDINANCE OF ESTIMATES.
§§ 18-9 TO 18-10. {RESERVED}
§ 18-11. POWERS AND DUTIES - ENFORCEMENT.
(A) IN GENERAL.
THE CONSUMER AFFAIRS ADMINISTRATOR:
(1) SHALL RECEIVE, INVESTIGATE, AND CONCILIATE COMPLAINTS OF UNFAIR OR DECEPTIVE TRADE PRACTICES AGAINST CONSUMERS;
(2) MAY INITIATE ITS OWN INVESTIGATION OF UNFAIR OR DECEPTIVE TRADE PRACTICES AGAINST CONSUMER; AND
(2) MAY HOLD HEARINGS IN CONNECTION WITH THESE COMPLAINTS AND INVESTIGATIONS.
(B) SUMMONSES.
(1) THE ADMINISTRATOR MAY ISSUE SUMMONSES TO COMPEL THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF DOCUMENTS, PAPERS, BOOKS, RECORDS, AND OTHER EVIDENCE IN ANY MATTER TO WHICH THIS SUBTITLE APPLIES.
(2) IN CASE OF DISOBEDIENCE TO A SUMMONS, THE ADMINISTRATOR MAY APPLY TO A COURT OF COMPETENT JURISDICTION FOR AN ORDER REQUIRING COMPLIANCE WITH THE SUMMONS.
(C) CEASE-AND-DESIST ORDERS.
IF, ON ALL THE EVIDENCE, THE ADMINISTRATOR FINDS THAT A RESPONDENT HAS ENGAGED IN AN UNFAIR OR DECEPTIVE TRADE PRACTICE, THE ADMINISTRATOR MAY ISSUE AND CAUSE TO BE SERVED ON THE RESPONDENT AN ORDER REQUIRING THE RESPONDENT TO CEASE AND DESIST FROM THE PRACTICE AND TO TAKE WHATEVER AFFIRMATIVE ACTION EQUITY AND JUSTICE REQUIRES TO EFFECTUATE THE PURPOSES OF THIS SUBTITLE.
(D) REFERRAL TO OTHER AGENCIES.
THE CONSUMER AFFAIRS ADMINISTRATOR MAY REFER INFORMATION ABOUT AN APPARENT OR POTENTIAL VIOLATION OF ANY CONSUMER PROTECTION LAW TO THE APPROPRIATE GOVERNMENTAL OR REGULATORY AGENCY, PUBLIC OR PRIVATE, WITH JURISDICTION OVER THAT LAW.
§ 18-12. POWERS AND DUTIES - PROMOTING CONSUMER INTERESTS.
(A) WITH GOVERNMENT AGENCIES.
THE CONSUMER AFFAIRS ADMINISTRATOR SHALL:
(1) PRESENT THE INTERESTS OF CONSUMERS BEFORE ADMINISTRATIVE AND REGULATORY AGENCIES AND LEGISLATIVE BODIES; AND
(2) ASSIST, ADVISE, AND COOPERATE WITH OTHER FEDERAL, STATE, AND CITY AGENCIES AND OFFICIALS TO PROTECT AND PROMOTE THE INTEREST OF THE CONSUMER PUBLIC.
(B) WITH BUSINESS AND INDUSTRY.
THE CONSUMER AFFAIRS ADMINISTRATOR SHALL UNDERTAKE ACTIVITIES TO ENCOURAGE LOCAL BUSINESS AND INDUSTRY TO MAINTAIN HIGH STANDARDS OF HONESTY, FAIR BUSINESS PRACTICES, AND PUBLIC RESPONSIBILITY IN THE PRODUCTION, PROMOTION, AND SALE OF MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT.
(C) PUBLIC EDUCATION.
THE CONSUMER AFFAIRS ADMINISTRATOR SHALL DEVELOP AND CONDUCT PROGRAMS OF CONSUMER EDUCATION AND INFORMATION THROUGH PUBLIC HEARINGS, MEETINGS, PUBLICATIONS, OR OTHER MATERIAL PREPARED FOR DISTRIBUTION TO THE CONSUMER PUBLIC.
§ 8-13. POWERS AND DUTIES - ANNUAL REPORT.
(A) IN GENERAL.
THE CONSUMER AFFAIRS ADMINISTRATOR SHALL REPORT ANNUALLY TO THE MAYOR AND CITY COUNCIL ON THE ACTIVITIES OF THE OFFICE OF CONSUMER AFFAIRS.
(B) CONTENTS.
THE ANNUAL REPORT SHALL INCLUDE:
(1) THE NUMBER OF COMPLAINTS FILED;
(2) THE NATURE OF THOSE COMPLAINTS;
(3) THE DISPOSITION OF THOSE COMPLAINTS; AND
(4) OTHER RELEVANT ACTIVITIES OF THE OFFICE UNDERTAKEN DURING THE PREVIOUS YEAR.
§ 18-14. POWERS AND DUTIES - OTHER.
THE CONSUMER AFFAIRS ADMINISTRATOR MAY PERFORM OTHER FUNCTIONS CONSISTENT WITH THE PURPOSES OF THIS SUBTITLE AS ARE NECESSARY OR APPROPRIATE TO PROTECT AND PROMOTE THE WELFARE OF CONSUMERS.
§ 18-15. RULES AND REGULATIONS.
(A) ADMINISTRATOR TO ADOPT.
THE CONSUMER AFFAIRS ADMINISTRATOR SHALL ADOPT RULES AND REGULATIONS TO:
(1) FURTHER DEFINE THE "UNFAIR OR DECEPTIVE TRADE PRACTICES" PROSCRIBED BY THIS SUBTITLE;
(2) ESTABLISH PROCEDURES TO GOVERN THE CONDUCT OF INVESTIGATIONS AND HEARINGS UNDER THIS SUBTITLE; AND
(3) OTHERWISE CARRY OUT THIS SUBTITLE.
(B) FILING WITH LEGISLATIVE REFERENCE.
A COPY OF ALL RULES AND REGULATIONS MUST BE FILED WITH THE DEPARTMENT OF LEGISLATIVE REFERENCE BEFORE THEY TAKE EFFECT.
§§ 18-16 TO 18-17. {RESERVED}
PART III. ADVISORY BOARD ON CONSUMER AFFAIRS
§ 18-18. BOARD ESTABLISHED.
THERE IS AN ADVISORY BOARD ON CONSUMER AFFAIRS.
§ 18-19. APPOINTMENT AND QUALIFICATIONS.
(A) COMPOSITION.
THE ADVISORY BOARD COMPRISES 7 MEMBERS APPOINTED BY THE MAYOR IN ACCORDANCE WITH ARTICLE IV, § 6 OF THE CITY CHARTER.
(B) QUALIFICATIONS.
OF THE 7 MEMBERS OF THE ADVISORY BOARD:
(1) AT LEAST 2 MEMBERS MUST REPRESENT A CONSUMER INTEREST GROUP.
(2) AT LEAST 2 MEMBERS MUST REPRESENT A BUSINESS INTEREST GROUP.
(3) AT LEAST 1 MEMBER MUST REPRESENT AN ECONOMICALLY DISADVANTAGED GROUP.
(4) ALL MEMBERS MUST BE RESIDENTS OF THE CITY.
§ 18-20. CHAIR.
(A) MAYOR TO DESIGNATE.
FROM AMONG THE MEMBERS OF THE ADVISORY BOARD, THE MAYOR DESIGNATES THE CHAIR OF THE BOARD.
(B) TERM.
THE CHAIR SERVES UNTIL HIS OR HER TERM AS A MEMBER EXPIRES.
§ 18-21. COMPENSATION.
A MEMBER OF THE ADVISORY BOARD:
(1) RECEIVES NO COMPENSATION FOR HIS OR HER SERVICES ON THE BOARD; BUT
(2) IS ENTITLED TO REIMBURSEMENT FOR NECESSARY AND PROPER EXPENSES INCURRED IN PERFORMING HIS OR HER DUTIES AS A MEMBER.
§ 18-22. EXECUTIVE SECRETARY.
THE CONSUMER AFFAIRS ADMINISTRATOR SERVES AS THE EXECUTIVE SECRETARY OF THE ADVISORY BOARD.
§ 18-23. MEETINGS.
THE BOARD SHALL MEET ON CALL OF THE CHAIR AS OFTEN AS NEEDED TO PERFORM ITS DUTIES.
§§ 18-24 TO 18-25. {RESERVED}
§ 18-26. DUTIES OF BOARD.
THE ADVISORY BOARD ON CONSUMER AFFAIRS SHALL:
(1) ANNUALLY REVIEW THE PROGRAMS OF THE OFFICE OF CONSUMER AFFAIRS AND MAKE RECOMMENDATIONS TO THE ADMINISTRATOR BEFORE SUBMISSION OF THE OFFICE'S ANNUAL BUDGET REQUEST;
(2) SUBMIT AN ANNUAL REPORT TO THE MAYOR AND CITY COUNCIL;
(3) ADVISE THE OFFICE OF CONSUMER AFFAIRS AND THE ADMINISTRATOR IN CARRYING OUT THEIR DUTIES;
(4) HOLD PUBLIC HEARINGS AS IT CONSIDERS NECESSARY, INCLUDING HEARINGS FOR THE PURPOSE OF FORMING RECOMMENDATIONS ON THE SCOPE AND APPLICATION OF THE THIS SUBTITLE; AND
(5) AT THE DIRECTIVE OF THE MAYOR OR BY RESOLUTION OF THE CITY COUNCIL, REVIEW AND MAKE RECOMMENDATIONS ON ANY MATTER RELATED TO CONSUMER PROTECTION.
§§ 18-27 TO 18-28. {RESERVED}
PART IV. UNFAIR OR DECEPTIVE TRADE PRACTICES
§ 18-29. SCOPE.
THIS PART IV DOES NOT APPLY TO:
(1) THE PROFESSIONAL SERVICES OF A CERTIFIED PUBLIC ACCOUNTANT, ARCHITECT, CLERGYMAN, PROFESSIONAL ENGINEER, LAWYER, VETERINARIAN, INSURANCE COMPANY AUTHORIZED TO DO BUSINESS IN THE STATE, INSURANCE PRODUCER LICENSED BY THE STATE, CHRISTIAN SCIENCE PRACTITIONER, LAND SURVEYOR, PROPERTY LINE SURVEYOR, CHIROPRACTOR, OPTOMETRIST, PHYSICAL THERAPIST, PODIATRIST, REAL ESTATE BROKER, ASSOCIATE REAL ESTATE BROKER, OR REAL ESTATE SALESPERSON, OR MEDICAL OR DENTAL PRACTITIONER;
(2) A TELEVISION OR RADIO BROADCASTING STATION OR A PUBLISHER OR PRINTER OF A NEWSPAPER, MAGAZINE, OR OTHER FORM OF PRINTED ADVERTISING WHO BROADCASTS, PUBLISHES, OR PRINTS AN ADVERTISEMENT THAT VIOLATES THIS SUBTITLE, UNLESS THE STATION, PUBLISHER, OR PRINTER ENGAGES IN AN UNFAIR OR DECEPTIVE TRADE PRACTICE IN THE SALE OF ITS OWN MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT OR HAS KNOWLEDGE THAT THE ADVERTISING VIOLATES THIS SUBTITLE; OR
(3) A PUBLIC SERVICE COMPANY, TO THE EXTENT THAT ITS SERVICES AND OPERATIONS ARE REGULATED BY THE STATE PUBLIC SERVICE COMMISSION.
§ 18-30. UNFAIR, ETC., PRACTICES DEFINED.
UNFAIR OR DECEPTIVE TRADE PRACTICES INCLUDE ANY OF THE FOLLOWING:
(1) 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.
(2) ANY REPRESENTATION THAT:
(I) MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT HAVE A SPONSORSHIP, APPROVAL, ACCESSORY, CHARACTERISTIC, INGREDIENT, USE, BENEFIT, OR QUANTITY THAT THEY DO NOT HAVE;
(II) A MERCHANT HAS A SPONSORSHIP, APPROVAL, STATUS, AFFILIATION, OR CONNECTION THAT THE MERCHANT DOES NOT HAVE;
(III) DETERIORATED, ALTERED, RECONDITIONED, RECLAIMED, OR SECONDHAND MERCHANDISE ARE ORIGINAL OR NEW; OR
(IV) MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT ARE OF PARTICULAR STANDARD, QUALITY, GRADE, STYLE, OR MODEL THAT THEY ARE NOT.
(3) A MISREPRESENTATION OF OR FAILURE TO STATE A MATERIAL FACT, IF THE MISREPRESENTATION OR FAILURE DECEIVES OR TENDS TO DECEIVE.
(4) DISPARAGING THE MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT OR BUSINESS OF ANOTHER BY A FALSE OR MISLEADING REPRESENTATION OF A MATERIAL FACT.
(5) ADVERTISING OR OFFERING MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT :
(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) MAKING A FALSE OR MISLEADING REPRESENTATION OF FACT THAT CONCERNS:
(I) THE REASONS FOR OR THE EXISTENCE OR AMOUNT OF A PRICE REDUCTION; OR
(II) A PRICE IN COMPARISON TO A COMPETITOR'S PRICE OR TO ONE'S OWN PRICE AT A PAST OR FUTURE TIME.
(7) MAKING A KNOWINGLY FALSE STATEMENT THAT A SERVICE, REPLACEMENT, OR REPAIR IS NEEDED.
(8) FALSELY STATING THE REASON FOR OFFERING OR SUPPLYING MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT AT SALE OR DISCOUNT PRICES.
(9) ANY 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 IT IN CONNECTION WITH:
(I) THE PROMOTION OR SALE OF ANY MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT; OR
(II) 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 THE PERSON THAT THE SOLICITOR REPRESENTS;
(II) THE PURPOSE OF THE TELEPHONE CALL; AND
(III) THE KIND OF MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT BEING SOLICITED.
(11) THE USE OF ANY PLAN OR SCHEME IN SOLICITING SALES OR SERVICES OVER THE TELEPHONE THAT MISREPRESENTS THE SOLICITOR'S TRUE STATUS AND MISSION.
(12) USE OF A CONTRACT FOR OR RELATED TO A CONSUMER TRANSACTION THAT CONTAINS A CONFESSED JUDGMENT CLAUSE WAIVING THE CONSUMER'S RIGHT TO ASSERT A LEGAL DEFENSE TO OR IN AN ACTION;
(13) THE USE BY A PERSON IN THE BUSINESS OF SELLING REAL PROPERTY OF A CONTRACT FOR OR RELATING TO THE SALE OF A SINGLE-FAMILY DWELLING THAT CONTAINS A CLAUSE LIMITING OR PRECLUDING A CONSUMER BUYER FROM OBTAINING CONSEQUENTIAL DAMAGES AS A RESULT OF THE SELLER'S BREACH OR CANCELLATION OF THE CONTRACT.
(14) IF THE CONSUMER REQUESTS A WRITTEN ESTIMATE OF PROPOSED REPAIRS, ALTERATIONS, MODIFICATIONS, OR SERVICING, PERFORMING A REPAIR, ALTERATION, MODIFICATION, OR SERVICING WITHOUT HAVING PROVIDED THE ESTIMATE
(15) MAKING ANY REPAIR, ALTERATION, MODIFICATION, OR SERVICING THAT EXCEEDS THE PRICE QUOTED IN A WRITTEN ESTIMATE BY 10% OR MORE, WITHOUT THE PRIOR WRITTEN OR ORAL APPROVAL OF THE CONSUMER.
(16) CHARGING A SERVICE OR LABOR CHARGE TO REASSEMBLE OR RESTORE AN ELECTRICAL OR MECHANICAL APPARATUS, APPLIANCE, OR OTHER ITEM TO ITS TENDERED CONDITION, UNLESS THE CONSUMER WAS NOTIFIED OF THAT SERVICE OR LABOR CHARGE BEFORE LEAVING THE TENDERED ITEM.
(17) FAILING TO SUPPLY TO A CONSUMER A COPY OF A SALES OR SERVICE CONTRACT, LEASE, PROMISSORY NOTE, TRUST AGREEMENT, OR OTHER EVIDENCE OF INDEBTEDNESS THAT THE HAS SIGNED.
(18) SELLING, LEASING, OR PROVIDING MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT ON A CREDIT SALE BASIS WITH THE KNOWLEDGE THAT THERE IS NO REASONABLE PROBABILITY OF THE CONSUMER'S PAYING THE OBLIGATION IN FULL.
(19) SELLING, LEASING, OR PROVIDING MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT WITH THE KNOWLEDGE OF THE CONSUMER'S INABILITY TO RECEIVE SUBSTANTIAL BENEFITS FROM THEM.
(20) SELLING, LEASING, OR PROVIDING MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT WHERE A GROSS DISPARITY EXISTS BETWEEN THE PRICE OF THE MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT AND THEIR VALUE, MEASURED BY THE PRICE AT WHICH SIMILAR MERCHANDISE, SERVICES, REAL PROPERTY, INTANGIBLES, OR CREDIT ARE READILY OBTAINABLE IN TRANSACTIONS BY LIKE BUYERS OR LESSEES. ANY COMMISSION OR REBATE RECEIVED BY A MERCHANT SHALL BE CONSIDERED IN DETERMINING THE EXISTENCE OF A GROSS DISPARITY.
(21) A MERCHANT'S FAILING TO DISCLOSE THAT THE MERCHANT CONTRACTED FOR OR RECEIVED A COMMISSION FEE OR REBATE WITH RESPECT TO CREDIT SALES.
(22) KNOWINGLY TAKING ADVANTAGE OF THE INABILITY OF THE CONSUMER TO REASONABLY PROTECT HIS OR HER INTERESTS BY REASON OF PHYSICAL OR MENTAL INFIRMITIES, IGNORANCE, ILLITERACY, OR INABILITY TO UNDERSTAND THE LANGUAGE OF AN AGREEMENT.
(23) REPLACING A PART OR COMPONENT IN AN ELECTRICAL OR MECHANICAL APPARATUS, APPLIANCE, OR OTHER ITEM WHEN THE PART OR COMPONENT IS NOT DEFECTIVE, UNLESS THE REPLACEMENT IS SPECIFICALLY REQUESTED BY THE CONSUMER.
(24) FALSELY STATING OR REPRESENTING THAT A REPAIR, ALTERATION, MODIFICATION, OR SERVICING HAS BEEN MADE WHEN IT HAS NOT BEEN.
(25) INSERTING INTO A CONTRACT OF SALE OR LEASE A CLAUSE OR CONDITION THAT IS SO ONE SIDED AS TO BE UNCONSCIONABLE UNDER THE CIRCUMSTANCES EXISTING AT THE TIME OF MAKING THE CONTRACT.
§ 18-31. UNFAIR, ETC., PRACTICES PROHIBITED.
(A) IN GENERAL.
A MERCHANT MAY NOT ENGAGE IN ANY DECEPTIVE OR UNFAIR TRADE PRACTICE, AS DESCRIBED IN § 18-30 {"UNFAIR, ETC., PRACTICES DEFINED"}OF THIS SUBTITLE OR AS FURTHER DEFINED BY THE OFFICE OF CONSUMER AFFAIRS, WITH RESPECT TO ANY CONSUMER.
(B) DAMAGE, ETC., UNNECESSARY.
THE PROHIBITION IMPOSED BY THIS SECTION APPLIES WHETHER OR NOT ANY CONSUMER IN FACT HAS BEEN MISLED, DECEIVED, OR DAMAGED BY THE PROHIBITED PRACTICE.
§§ 18-32 TO 18-40. {RESERVED}
PART V. ENFORCEMENT PROCEEDINGS
§ 18-41. ADMINISTRATOR'S STATEMENT OF CHARGES.
(A) ADMINISTRATOR MAY FILE.
(1) IF THE ADMINISTRATOR HAS REASON TO SUSPECT THAT A MERCHANT HAS ENGAGED IN AN UNFAIR OR DECEPTIVE TRADE PRACTICE, THE ADMINISTRATOR MAY INVESTIGATE THE PRACTICE AND FILE, IN WRITING, A STATEMENT OF CHARGES THAT DETAILS THE ALLEGED VIOLATION OR VIOLATIONS.
(2) A COPY OF THE STATEMENT OF CHARGES SHALL BE SERVED ON THE MERCHANT.
(B) WHEN.
A STATEMENT OF CHARGES MAY BE FILED AT THE START OF AN INVESTIGATION OR AT ANY LATER TIME THAT THE ADMINISTRATOR CONSIDERS APPROPRIATE.
§ 18-42. CONSUMER'S COMPLAINT.
(A) CONSUMER MAY FILE.
ANY CONSUMER WHO HAS REASON TO BELIEVE THAT HE OR SHE HAS BEEN SUBJECTED TO A VIOLATION OF THIS SUBTITLE MAY FILE A WRITTEN COMPLAINT WITH THE ADMINISTRATOR.
(B) CONTENTS OF COMPLAINT.
THE COMPLAINT SHALL STATE:
(1) THE NAME AND ADDRESS OF THE PERSON ALLEGED TO HAVE COMMITTED THE VIOLATION;
(2) THE PARTICULARS OF THE VIOLATION; AND
(3) ANY OTHER INFORMATION THAT THE ADMINISTRATOR REQUIRES.
(C) PROCEDURE NOT EXCLUSIVE.
THIS SECTION DOES NOT PREVENT ANY PERSON FROM:
(1) EXERCISING ANY RIGHT OR SEEKING ANY REMEDY TO WHICH SHE OR HE MIGHT OTHERWISE BE ENTITLED; OR
(2) FILING A COMPLAINT WITH ANY OTHER FEDERAL, STATE, OR CITY AGENCY OR IN COURT.
§ 18-43. INVESTIGATION.
(A) IN GENERAL.
ON THE FILING OF A COMPLAINT, THE ADMINISTRATOR SHALL INVESTIGATE THE ALLEGATIONS TO ASCERTAIN FACTS AND ISSUES.
(B) COOPERATION OF LICENSING AUTHORITIES AND OTHER CONTRACTING AGENCIES.
THE OFFICE MAY SEEK THE COOPERATION OF THE LICENSING AUTHORITIES AND OTHER CONTRACTING AGENCIES OF CITY GOVERNMENT IN CONNECTION WITH AN INVESTIGATION OF A PERSON WHO IS LICENSED BY OR HAS A CONTRACTUAL RELATIONSHIP WITH THE CITY.
§ 18-44. NO REASONABLE GROUNDS FOUND.
IF THE ADMINISTRATOR DETERMINES THAT THE COMPLAINT LACKS REASONABLE GROUNDS ON WHICH TO BASE A VIOLATION OF THIS SUBTITLE, THE ADMINISTRATOR MAY:
(1) DISMISS THE COMPLAINT; OR
(2) ORDER ANY FURTHER INVESTIGATION THE ADMINISTRATOR CONSIDERS NECESSARY.
§ 18-45. REASONABLE GROUNDS FOUND.
(A) IN GENERAL.
IF THE ADMINISTRATOR FINDS REASONABLE GROUNDS TO BELIEVE THAT A VIOLATION HAS OCCURRED, THE OFFICE SHALL UNDERTAKE ONE OR MORE OF THE FOLLOWING PROCEDURES, AS THE ADMINISTRATOR CONSIDERS APPROPRIATE.
(B) CONCILIATION.
(1) THE OFFICE MAY ATTEMPT TO CONCILIATE THE MATTER, EITHER BY:
(I) METHODS OF CONFERENCE AND PERSUASION WITH ALL INTERESTED PARTIES AND ANY REPRESENTATIVES THEY MIGHT CHOOSE TO ASSIST THEM; OR
(II) ANY OTHER METHODS THAT THE OFFICE CONSIDERS APPROPRIATE.
(2) IN ATTEMPTING CONCILIATION, THE OFFICE MAY SEEK THE SERVICES OF THE ADVISORY BOARD ON CONSUMER AFFAIRS.
(3) CONCILIATION CONFERENCES SHALL BE INFORMAL.
(4) NOTHING SAID OR DONE DURING A CONFERENCE MAY BE MADE PUBLIC BY THE OFFICE OR THE ADVISORY BOARD, UNLESS ALL PARTIES AGREE IN WRITING.
(5) THE TERMS OF A CONCILIATION THAT HAS BEEN AGREED TO BY THE PARTIES SHALL BE REDUCED TO WRITING AND INCORPORATED INTO A WRITTEN CONCILIATION OR SETTLEMENT AGREEMENT TO BE SIGNED BY THE PARTIES AND BY THE ADMINISTRATOR.
(6) A CONCILIATION OR SETTLEMENT AGREEMENT IS FOR CONCILIATION PURPOSES ONLY AND DOES NOT CONSTITUTE AN ADMISSION BY ANY PARTY THAT A LAW HAS BEEN VIOLATED.
(C) ASSURANCE OF COMPLIANCE OR DISCONTINUANCE.
(1) THE ADMINISTRATOR MAY ACCEPT A WRITTEN ASSURANCE OF COMPLIANCE OR ASSURANCE OF DISCONTINUANCE FROM A MERCHANT WHO HAS ENGAGED IN OR WAS ABOUT TO ENGAGE IN A VIOLATION OF THIS SUBTITLE.
(2) WHEN ACCEPTED AND SIGNED BY THE ADMINISTRATOR, AN ASSURANCE OF COMPLIANCE OR DISCONTINUANCE IS A MATTER OF PUBLIC RECORD.
(3) AN ASSURANCE OF COMPLIANCE OR DISCONTINUANCE DOES NOT CONSTITUTE AN ADMISSION BY ANY PARTY THAT A LAW HAS BEEN VIOLATED.
(D) REFERRAL TO SOLICITOR.
THE ADMINISTRATOR MAY REFER A MATTER TO THE CITY SOLICITOR FOR APPROPRIATE ACTION IF:
(1) THE ADMINISTRATOR BELIEVES THAT ACTION TO BE THE MOST EFFECTIVE PROCEDURE UNDER THE CIRCUMSTANCES;
(2) THE OFFICE FAILS TO OBTAIN AN ASSURANCE OF COMPLIANCE OR DISCONTINUANCE; OR
(3) THE ADMINISTRATOR DETERMINES THAT A COMPLAINT IS NOT SUSCEPTIBLE OF CONCILIATION OR SETTLEMENT.
§ 18-46. STIPULATIONS OR CONDITIONS.
(A) AUTHORIZED.
A CONCILIATION OR SETTLEMENT AGREEMENT, AN ASSURANCE OF COMPLIANCE OR DISCONTINUANCE, OR A CEASE-AND-DESIST ORDER PROVIDED FOR BY THIS SUBTITLE MAY INCLUDE A STIPULATION OR CONDITION FOR:
(1) THE PAYMENT BY THE VIOLATOR OR ALLEGED VIOLATOR OF THE COSTS OF INVESTIGATION BY THE OFFICE; AND
(2) THE RESTITUTION BY THE VIOLATOR OR ALLEGED VIOLATOR TO THE CONSUMER OF MONEY, PROPERTY, OR OTHER THING RECEIVED FROM THE CONSUMER IN CONNECTION WITH A VIOLATION OR ALLEGED VIOLATION OF THIS SUBTITLE.
(B) NOT EXCLUSIVE.
THESE STIPULATIONS AND CONDITIONS DO NOT PRECLUDE THE OFFICE FROM USING ANY OTHER STIPULATION, CONDITION, OR REMEDY NECESSARY TO CORRECT A VIOLATION OF THIS SUBTITLE.
§ 18-47. VIOLATION OF AGREEMENT OR ASSURANCE.
(A) CONSTITUTES VIOLATION OF SUBTITLE.
IT IS A VIOLATION OF THIS SUBTITLE TO FAIL TO ADHERE TO ANY PROVISION CONTAINED IN A CONCILIATION OR SETTLEMENT AGREEMENT, ASSURANCE OF COMPLIANCE OR DISCONTINUANCE, OR CEASE-AND-DESIST ORDER.
(B) NONENFORCEMENT IS NOT A WAIVER.
A FAILURE BY THE OFFICE TO ENFORCE A VIOLATION OF A PROVISION OF AN AGREEMENT, ASSURANCE, OR ORDER DOES NOT CONSTITUTE A WAIVER OF THAT PROVISION, OF ANY OTHER PROVISION, OR OF ANY RIGHT OF THE OFFICE.
§ 18-48. {RESERVED}
§ 18-49. ACTION TO RESTRAIN UNLAWFUL ACTS.
(A) IN GENERAL.
IF THE ADMINISTRATOR HAS REASON TO BELIEVE THAT A MERCHANT IS USING, HAS USED, OR IS ABOUT TO USE ANY PRACTICE PROHIBITED BY THIS SUBTITLE, THE ADMINISTRATOR MAY REFER THE MATTER TO THE CITY SOLICITOR FOR AN ACTION TO RESTRAIN, BY TEMPORARY OR PERMANENT INJUNCTION, THE USE OF THAT PRACTICE.
(B) JUDICIAL RELIEF.
A COURT OF COMPETENT JURISDICTION MAY ISSUE A RESTRAINING ORDER, TEMPORARY OR PERMANENT INJUNCTION, OR OTHER APPROPRIATE FORM OF RELIEF.
§ 18-50. ARBITRATION OF DISPUTES.
(A) SUBMISSION TO ARBITRATION.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SUBTITLE, THE OFFICE MAY ENTER INTO AN AGREEMENT WITH A PERSON TO SUBMIT A DISPUTE ARISING UNDER THIS SUBTITLE TO ARBITRATION IN ACCORDANCE WITH THE MARYLAND UNIFORM ARBITRATION ACT.
(B) ARBITRATION PROGRAMS.
THE OFFICE MAY ADMINISTER A PROGRAM OF VOLUNTARY ARBITRATION OF CONSUMER DISPUTES, INCLUDING:
(1) THE RECRUITMENT AND TRAINING OF VOLUNTEER ARBITRATORS; AND
(2) THE EDUCATION OF THE PUBLIC AND BUSINESS COMMUNITY AS TO THE BENEFITS OF ARBITRATION.
(C) CLERICAL SUPPORT.
THE OFFICE SHALL PROVIDE OFFICE SPACE AND CLERICAL HELP FOR ARBITRATION TRIBUNALS.
§ 18-51. {RESERVED}
§ 18-52. RECOVERIES IN ACTION BY CITY.
IN ANY ACTION BROUGHT BY THE OFFICE UNDER THIS SUBTITLE:
(1) THE OFFICE MAY SEEK APPROPRIATE RESTITUTION OR COMPENSATORY DAMAGES FOR ANY CONSUMER WHO HAS BEEN HARMED BY A VIOLATION OF THIS SUBTITLE; AND
(2) THE OFFICE IS ENTITLED TO RECOVER FROM A VIOLATOR THE OFFICE'S COSTS FOR INVESTIGATION AND HEARING.
§§ 18-53 TO 18-55. {RESERVED}
PART VI. PENALTIES
§ 18-56. CIVIL PENALTY.
IN AN ACTION BROUGHT BY THE OFFICE UNDER THIS SUBTITLE, THE COURT MAY IMPOSE A CIVIL PENALTY OF UP TO $1,000 FOR EACH VIOLATION OF THIS SUBTITLE.
§ 18-57. CRIMINAL PENALTY.
ANY PERSON WHO VIOLATES A PROVISION OF THIS SUBTITLE IS GUILTY OF A MISDEMEANOR AND, ON CONVICTION, IS SUBJECT TO A FINE OF NOT MORE THAN $1,000 OR IMPRISONMENT FOR NOT MORE THAN 1 YEAR, OR BOTH FINE AND IMPRISONMENT, FOR EACH OFFENSE.
Article 8. Ethics
§ 7-8. Persons required to file - Agency officials and staff.
Except as provided in § 7-10 {"Person filing with State"} of this subtitle, the following officials and employees must file the financial disclosure statements required by this subtitle:
(6A) CONSUMER AFFAIRS, OFFICE OF.
(I) ADMINISTRATOR.
(II) MEMBERS OF THE ADVISORY BOARD ON CONSUMER AFFAIRS.
(III) ALL NON-CLERICAL EMPLOYEES OF OFFICE.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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