Md. COMMERCIAL LAW Code Ann. § 13-301
§ 13-301. Unfair or deceptive trade practices defined
Unfair 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; or
(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 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 10, Subtitle 8 of the Real Property Article;
(xviii)
Title 14, Subtitle 25 of this article, the Hearing Aid Sales Act;
(xix)
Title 14, Subtitle 26 of this article, the Maryland Door-to-Door Solicitations Act;
(xx)
Title 14, Subtitle 31 of this article, the Maryland Household Goods Movers Act; or
(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 Utility Companies Article.
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