1484                                     LAWS OF MARYLAND                                 Ch. 704

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That [[Sections 22(a) and 22A]] Section 22 of Article 83 of the
Annotated Code of Maryland (1969 Replacement Volume), title "Sales and
Notices," subtitle "Consumer Protection," be and [[they are]] it is hereby
repealed and re-enacted, with amendments, to read as follows:

22.

(a) If a person has engaged in or is engaging in any practice declared to be
unlawful by this subtitle, the Attorney General, [[OR ANY PERSON HARMED
BY THE UNLAWFUL PRACTICE,]] may seek and obtain in an action in a
circuit court an injunction prohibiting such person from continuing such practices
or engaging therein or doing any acts in furtherance thereof after appropriate
notice to such person. 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 in interest any moneys or property, real or personal which
may have been acquired by means of any practice in this subtitle declared to be
unlawful including the appointment of a receiver[[.]] [[ [ ]] in cases of willful
violation of the provisions of this subtitle.[[ ] ]] [[APPOINTMENT OF A
RECEIVER MAY ONLY BE MADE WHEN THE VIOLATION OF THE
PROVISIONS OF THIS SUBTITLE IS WILLFUL AND THE ACTION IS
BROUGHT BY THE ATTORNEY GENERAL. ]]

(B) IN ADDITION TO THE ACTION HEREIN AUTHORIZED TO BE
BROUGHT BY THE ATTORNEY GENERAL AND ANY OTHER
ACTIONS OTHERWISE AUTHORIZED BY LAW, ANY PERSON
SUSTAINING INJURY OR LOSS AS THE RESULT OF AN UNLAWFUL
PRACTICE AS PROVIDED IN THIS SUBHEADING MAY BRING AN
ACTION TO RECOVER FOR THE INJURY OR LOSS SUSTAINED BY
THAT PERSON.

(C) [[IF ANY PERSON DAMAGED SHALL PREVAIL IN ANY SUIT
OR PROCEEDING BROUGHT UNDER § 22(B) OF THIS SUBTITLE, THE
COURT MAY AWARD AS PART OF THE JUDGMENT ATTORNEY'S
FEES REASONABLY INCURRED BY SUCH PERSON IN CONNECTION
WITH THE SUIT OR PROCEEDING.

[[(b)]] (D)]] In addition to the actions enumerated in subsection (a) of this
section, any person violating the provisions of this subtitle shall be guilty of a
misdemeanor and upon conviction shall be subject to a fine of not more than one
thousand ($1.000) dollars or imprisonment of not more than one year or both, at
the discretion of the court.

[[22A.

At any time prior to institution of a suit against a person for violation of this
subtitle, the Attorney General may enter a cease and desist agreement with any
person who is alleged to have engaged in or be about to engage in an activity
declared by this subtitle to be unlawful providing for the immediate discontinuance
of all practices set forth in the agreement and for such other action deemed
necessary to correct the results of such practices. No proceeding shall be instituted
thereafter [by the Attorney General] on the specific activities covered by such an
agreement unless the agreement shall have been breached or violated.]]

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.