Marvin Mandel, Governor                       1801

a guarantor under this Act, but any such designation shall not re-
lieve the guarantor of his duties to the person guaranteed.

174.                     Enforcement by the Attorney General

If a person has engaged in or is engaging in any practice declared
to be unlawful by this subtitle the Attorney General may seek and
obtain in an action in a circuit court an injunction prohibiting that
person from continuing such practices or engaging therein or doing
any acts in furtherance thereof after appropriate notice to that per-
son. Such notice shall state generally the relief sought and be served
at least seven days prior to the institution of such action. The court
may make such orders or judgments as may be necessary to prevent
the use or employment by a person of any prohibited practices, or
which may be necessary to restore to any person found to have been
damaged any moneys or property, real or personal which may have
been acquired by means of any practice in this subtitle declared to
be unlawful.

175.                                                     Remedies

(a)    It is declared to be the policy of this State to encourage
guarantors voluntarily to establish procedures whereby consumer dis-
putes related to guaranties are fairly and expeditiously settled through
informal dispute settlement mechanisms. Guarantors who establish
informal dispute settlement procedures may elect to do so in coopera-
tion with any private agency or the Consumer Protection Division
of the Attorney General's office.

(b)    Any person guaranteed may sue in any court of competent
jurisdiction for any breach of a guarantor's duties under this Act.

(c)    The guarantor shall be liable to the person guaranteed for any
wrongful breach of a guaranty and shall be under a duty to perform
as required under this Act and to compensate the person guaranteed
for all reasonable incidental expenses incurred by the person
guaranteed because of any such breach.

(d)    If any person guaranteed shall finally prevail in any suit
or proceeding brought under Section 175(b) of this Act, he shall
be allowed to recover as part of the judgment a sum equal to the
aggregate amount of cost and expenses (including attorney's fees
based on actual time expended) determined by the court to have been
reasonably incurred by such person guaranteed for or in connection
with the institution and prosecution of such suit or proceeding, un-
less the court in its discretion shall determine that such an award
of attorney's fees would be inappropriate. However, any person guar-
anteed, in a suit brought under Section 175(b) must have first afforded
the guarantor a reasonable opportunity to cure the breach in the
manner provided for in Section 175(a) in order to be eligible for
these costs and expenses.

176.                                   Rules of Construction

(a) This Act shall be liberally construed and applied to promote
its purposes and policies. It is the intent of the General Assembly
that in construing this Act due consideration and great weight shall
be given to the Consumer Protection Act in this Article.