526

LAWS OF MARYLAND

[Ch. 49

of chapters prevails as the last expression of
the Legislature.

SUBTITLE 3. UNFAIR OR DECEPTIVE TRADE PRACTICES.

13-301. UNFAIR OF DECEPTIVE TRADE PRACTICES DEFINED.

UNFAIR OR DECEPTIVE TRADE PRACTICES INCLUDE ANY:

(1)   FALSE, FALSELY DISPARAGING, OR MISLEADING ORAL
OR WRITTEN STATEMENT, VISUAL DESCRIPTION, OR OTHER
REPRESENTATION OF ANY KIND WHICH HAS THE CAPACITY,
TENDENCY, OR EFFECT OF DECEIVING OR MISLEADING CONSUMERS
AND WHICH IS MADE IN CONNECTION WITH:

(i) THE SALE, LEASE, RENTAL, LOAN, OR
BAILMENT OF CONSUMER GOODS OR CONSUMER SERVICES;

(ii) THE OFFER FOR SALE, LEASE, RENTAL, LOAN,
OR BAILMENT OF CONSUMER GOODS OR SERVICES;

(iii) THE EXTENSION OF CONSUMER CREDIT; OR

(iv) THE COLLECTION OF CONSUMER DEBTS;

(2)   REPRESENTATION THAT:

(i) CONSUMER GOODS OR CONSUMER SERVICES HAVE
A SPONSORSHIP, APPROVAL, ACCESSORY, CHARACTERISTIC,
INGREDIENT, USE, BENEFIT, OR QUANTITY WHICH THEY DO NOT
HAVE;

(ii) A MERCHANT HAS A SPONSORSHIP, APPROVAL,
STATUS, AFFILIATION, OR CONNECTION WHICH HE DOES NOT

HAVE;

(iii) DETERIORATED, ALTERED, RECONDITIONED,
RECLAIMED, OR SECOND HAND CONSUMER GOODS ARE ORIGINAL OR
NEW; OR

(iv) CONSUMER GOODS OR CONSUMER SERVICES ARE
OF A PARTICULAR STANDARD, QUALITY, GRADE, STYLE, OR MODEL
WHICH THEY ARE NOT;

(3)   FAILURE TO STATE A MATERIAL FACT IF THE FAILURE
DECEIVES OR TENDS TO DECEIVE;

(4)     DISPARAGEMENT OF THE GOODS, SERVICES, OR
BUSINESS OF ANOTHER BY A FALSE OR MISLEADING
REPRESENTATION OF A MATERIAL FACT;

(5)    ADVERTISEMENT OR OFFER OF CONSUMER GOODS OF
CONSUMER SERVICES: