Section 7-205 - Enforcement powers; penalties. - Maryland Statutes

§ 7-205. Enforcement powers; penalties.
 

(a)  Enforcement powers.- To carry out this title, the Board may, subject to § 7-103(b) of this title: 

(1) receive a written complaint and hold a hearing on an alleged violation by a collection agency of the Maryland Consumer Debt Collection Act or this title; 

(2) mediate a dispute between a consumer and a collection agency and suggest monetary compensation of the consumer in an amount agreeable to the consumer and collection agency or other appropriate resolution or both; and 

(3) issue orders: 

(i) to cease and desist from the violation and any further similar violations; or 

(ii) requiring the violator to take affirmative action to correct the violation. 

(b)  Penalties - Imposition.- If a violator fails to comply with a lawful order issued by the Board, the Board may impose a penalty of up to $500 for each violation cited in the order, not to exceed $5,000, from which the violator failed to cease and desist or for which the violator failed to take affirmative action to correct, as ordered by the Board. 

(c)  Penalties - Amount.- In determining the amount of any penalty to be imposed under subsection (b) of this section, the Board shall consider: 

(1) the seriousness of the violation; 

(2) the good faith of the violator; 

(3) the violator's history of previous violations; 

(4) the deleterious effect of the violation on the public and the collection industry; and 

(5) any other factors relevant to the determination of the financial penalty. 
 

[An. Code 1957, art. 56, §§ 325, 329C; 1992, ch. 4, § 2; 1996, ch. 58.]