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Statutes Text

Article - Commercial Law




§13–410.

    (a)    A merchant who engages in a violation of this title is subject to a fine not exceeding $10,000 for each violation.

    (b)    A merchant who has been found to have engaged in a violation of this title and who subsequently repeats the same violation is subject to a fine not exceeding $25,000 for each subsequent violation.

    (c)    The fines provided for in subsections (a) and (b) of this section are civil penalties and are recoverable by the State in a civil action or an administrative cease and desist action under § 13–403(a) and (b) of this subtitle or after an administrative hearing has been held under § 13–403(d)(3) and (4) of this subtitle.

    (d)    The Consumer Protection Division shall consider the following in setting the amount of the penalty imposed in an administrative proceeding:

        (1)    The severity of the violation for which the penalty is assessed;

        (2)    The good faith of the violator;

        (3)    Any history of prior violations;

        (4)    Whether the amount of the penalty will achieve the desired deterrent purpose; and

        (5)    Whether the issuance of a cease and desist order, including restitution, is insufficient for the protection of consumers.