PARRIS N. GLENDENING, Governor

Ch. 11

A SERVICE CONTRACT MAY NOT:

(1)     CONTAIN INCONSISTENT, AMBIGUOUS, OR MISLEADING CLAUSES,
EXCEPTIONS, OR CONDITIONS THAT DECEPTIVELY AFFECT THE RISK PURPORTED
TO BE ASSUMED OR THE MOTOR CLUB SERVICE TO BE PERFORMED;

(2)      CONTAIN AN INEQUITABLE PROVISION THAT DOES NOT HAVE A
SUBSTANTIAL BENEFIT TO THE MEMBER;

(3)      REQUIRE THE PAYMENT OF FEES THAT ARE UNREASONABLE IN
RELATION TO THE MOTOR CLUB SERVICE AGREED TO BE PERFORMED; OR

(4)     OFFER REIMBURSEMENT ONLY, UNLESS THE CONTRACT CLEARLY
STATES THAT EMERGENCY ROAD SERVICE WILL NOT BE PROVIDED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48B, § 10 and § 3(b)(4)(i), (ii), (iii), and (iv).

In subsection (a)(3)(ii) and (iii) of this section, the references to "street
address[es]" are substituted for the former references to "exact location[s]" of
motor club offices for clarity. Similarly, in subsection (a)(3)(iii) of this section,
the reference to the "principal" place of business in the State is substituted for
the former reference to the "usual" place of business.

Defined terms: "Commissioner" § 1-101
"Emergency road service" § 26-101
"Member" § 26-101
"Motor club" § 26-101
"Motor club service" § 26-101

SUBTITLE 5. PROHIBITED ACTS; PENALTIES.
26-501. PROHIBITED ACTS.

(A)     ACTING AS REPRESENTATIVE WITHOUT REGISTRATION.

A PERSON MAY NOT ACT AS A REPRESENTATIVE OF A LICENSEE UNLESS THE
PERSON IS REGISTERED UNDER SUBTITLE 3 OF THIS TITLE.

(B)     REPRESENTING UNLICENSED MOTOR CLUB.

A PERSON MAY NOT SELL, SOLICIT, OR ACT AS A REPRESENTATIVE FOR AN
UNLICENSED MOTOR CLUB DOING BUSINESS IN THE STATE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48B, § 8(g).

Defined terms: "Licensee" § 26-101
"Motor club" § 26-101
"Person" § 1-101
"Representative" § 26-101

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