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Statutes Text

Article - Public Safety




§13–704.1.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Military service” means:

            (i)    in the case of a service member who is a member or reserve member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, full–time duty in the active military service of the United States, including:

                1.    full–time training duty;

                2.    annual training duty; and

                3.    attendance while at a school designated as a service school by federal law or by the secretary of the military department concerned;

            (ii)    in the case of a member or reserve member of the Maryland National Guard, service under a call to:

                1.    active service authorized by the President of the United States or the Secretary of Defense for a period of more than 30 days in response to a national emergency declared by the President of the United States; or

                2.    active duty for a period of more than 30 consecutive days;

            (iii)    in the case of a service member who is a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, active service; or

            (iv)    any period during which a service member is absent from duty on account of sickness, wounds, leave, or other lawful cause.

        (3)    “Service member” means an individual engaged in military service.

    (b)    This section is intended to supplement rights and protections provided in the federal Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.).

    (c)    (1)    In addition to the rights and protections regarding consumer transactions, contracts, and service providers included in Title III of the federal Servicemembers Civil Relief Act (50 U.S.C. App. 531 through 538), a service member may terminate a contract described in paragraph (2) of this subsection at any time after the date the service member receives military orders to relocate for a period of military service of at least 90 days to a location where the service member would be unable to use the services under the contract.

        (2)    This section applies to a contract to provide any of the following:

            (i)    telecommunication services;

            (ii)    Internet services;

            (iii)    television services;

            (iv)    athletic club or gym memberships; and

            (v)    satellite radio services.

        (3)    (i)    A service member may terminate a contract under this section by delivering a written or electronic notice of the termination and a copy of the service member’s military orders to the service provider.

            (ii)    If a service member terminates a contract, the service provider shall provide the service member with a written or electronic notice of the service member’s rights posted on the Maryland National Guard’s Internet website.

    (d)    (1)    A service member who terminates or suspends the provision of services under this section and who is no longer in active military service may reinstate the provision of service on the same terms and conditions as originally agreed to with the service provider before the termination or suspension on written notice to the provider that the service member is no longer in active military service.

        (2)    Written notice under this subsection shall be given within 90 days after termination of the service member’s active military service.

    (e)    A service member who terminates, suspends, or reinstates the provision of services under this section:

        (1)    may not be charged a penalty, fee, loss of deposit, or any other additional cost because of the termination, suspension, or reinstatement; and

        (2)    is not liable for payment for any services after the effective date of the termination or suspension, until the effective date of any reinstatement of services.



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