Section 6-509 - Failure to comply with charitable contribution requirements. - Maryland Statutes

§ 6-509. Failure to comply with charitable contribution requirements.
 

(a)  Scope of section.- The only persons liable under this section are: 

(1) charitable organizations; 

(2) charitable representatives; and 

(3) officers, directors, partners, or trustees of charitable organizations or charitable representatives. 

(b)  Willful failure.- Except as provided in subsection (d) of this section, a person who willfully fails to comply with a requirement of this title as to a charitable contribution made because of a charitable solicitation is liable to the donor of the charitable contribution for: 

(1) actual damages that the donor sustains because of the failure; 

(2) punitive damages that the court allows, not exceeding 3 times the actual damages; and 

(3) reasonable attorney's fees and costs of the action, if damages are awarded. 

(c)  Grossly negligent failure.- Except as provided in subsection (d) of this section, a person who is grossly negligent in failing to comply with a requirement of this title as to a charitable contribution made because of a charitable solicitation is liable to the donor of the charitable contribution for: 

(1) actual damages that the donor sustains because of the failure; and 

(2) reasonable attorney's fees and costs of the action, if damages are awarded. 

(d)  Defense against liability.- A person is not liable under this section if the person establishes by a preponderance of the evidence that, at the time of the failure to comply with a requirement under this title, the person followed reasonable procedures to comply. 
 

[An. Code 1957, art. 41, § 3-216; 1992, ch. 4, § 2.]