MARVIN MANDEL, Governor                        713

any and all purchases made with, through, by or with the aid of
the credit card or card of identification 21A THEREOF, TO
PROVIDE THAT A PERSON ISSUING A CREDIT CARD OR
CARD OF IDENTIFICATION FOR CREDIT IN THE ABSENCE
OF A PRIOR REQUEST OR APPLICATION FOR SUCH CARD
BY THE PERSON TO WHOM THE CARD IS ISSUED SHALL
BEAR THE ENTIRE RISK OF LOSS, THEFT OR UNAU-
THORIZED USE OF SUCH CARD UNTIL THE CARD IS
ACCEPTED IN A CERTAIN MANNER.

Section 1. Be it enacted by the General Assembly of Maryland,
That new Section 21A B be and it is hereby added to Article 83 of
the Annotated Code of Maryland (1965 Replacement Volume and
1968 Supplement), title "Sales and Notices," subtitle "Consumer
Protection," to follow immediately after Section 21A thereof and
to read as follows:

In any action in any court of Maryland to recover payment for

purchases made with, through, by, or with the aid of any credit

card or card of identification for credit, which card has been sent

voluntarily or without solicitation or application by the sendee, re-
covery against the sendee shall be denied unless the sender can show

to the court's satisfaction that the sendee has accepted the card

by an acceptance in writing signed by the sendee. "Sendee" is

intended to mean and include all persons whose name or names
appear on the card or such persons for whose use the card is intended.

21B.

WHEN A CREDIT CARD OR CARD OF IDENTIFICATION
FOR CREDIT IS ISSUED TO A PERSON IN THE ABSENCE
OF A PRIOR REQUEST OR APPLICATION FOR SUCH CARD
BY THAT PERSON OR AN AUTHORIZED AGENT OF THAT
PERSON, SUCH CARD SHALL NOT BE DEEMED TO HAVE
BEEN ACCEPTED UNTIL SUCH PERSON SIGNIFIES AC-
CEPTANCE IN WRITING OR USES SUCH CARD TO OBTAIN
CREDIT. UNTIL SUCH ACCEPTANCE TAKES PLACE, THE
PERSON ISSUING THE CARD SHALL BE PRESUMED TO
HAVE ASSUMED THE RISK OF THE LOSS, THEFT, OR UN-
AUTHORIZED USE OF SUCH CARD AND SHALL BE BARRED
FROM ANY RECOVERY FOR DAMAGES OCCASIONED BY
SUCH LOSS, THEFT OR UNAUTHORIZED USE IN ANY
ACTION AGAINST THE PERSON TO WHOM THE CARD WAS
ISSUED. THE PROVISIONS OF THIS SECTION SHALL NOT
BE APPLICABLE TO CARDS ISSUED TO RENEW OR RE-
PLACE EXISTING CARDS ORIGINALLY APPLIED FOR OR
ACCEPTED BY THE CARDHOLDER.

Sec. 2. And be it further enacted, That nothing in this Act
applies to any event or occurrence prior to July 1, 1969.

Sec. 3. And be it further enacted, That this Act shall take effect
July 1, 1969.

Approved April 23, 1969.

21A.