Section 13-410 - Civil penalty - Merchants. - Maryland Statutes

§ 13-410. Civil penalty - Merchants.
 

(a)  First violation.- A merchant who engages in a violation of this title is subject to a fine of not more than $1,000 for each violation. 

(b)  Subsequent violation.- 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 of not more than $5,000 for each subsequent violation. 

(c)  Fines as civil penalties.- 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)  Factors affecting penalty amount.- 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. 
 

[An. Code 1957, art. 83, § 20H; 1975, ch. 49, § 3; 1985, ch. 603; 1993, ch. 246.]