528

LAWS OF MARYLAND

[Ch. 49

Throughout this section, for purposes of
clarity and conformity, the terms "consumer
goods," "consumer services," etc., defined in
§13—101 of this title, are substituted,
respectively, for "goods," "services," etc.;
and, in item (9) (i) , the term "consumer goods"
is substituted for the somewhat inconsistent
"merchandise."

Item (1) of this section combines without
substantive change the almost identical
provisions which presently appear in the first
sentence of present §20D (b) and in present
§20D(b)(14). Although the second sentence of
present §20D(b), which introduces the present
checklist of prohibited practices, refers only
to "deceptive" trade practices, the
introductory clause to this section adopts the
usage of the first sentence of present §20D(b)
as well as the general usage throughout this
title, which refer to both "unfair or
deceptive" trade practices, without
distinguishing between the two terms; also, in
the introductory language to this section, the
phrase "but not limited to" is deleted as
unnecessary since use of the word "include" is
not intended in any sense to be exclusionary
or limiting.

In item (9) of this section, the present
phrase "whether or not any person...has been
mislead..." is deleted as unnecessary in light
of §13—302 of this subtitle, which adopts this
rule with respect to all unfair or deceptive
trade practices.

Item (10) (iii) of this section presently
appears as Art. 83, §20D(b)(12).

Items (10)(ii) and (iv) are new language added
to conform and clarify the relationship of the
referenced provisions to this title; in this
regard, see revisor's notes to §§ 14—106 and
14-302 of this article.

Item (10)(i) is new language added to conform
and clarify the status of other practices
prohibited by the present Consumer Protection
Act, whether presently referred to as an
"unlawful practice" (see, e.g., present Art.
83, §21C and the revisor's note to §13—304) or
simply couched in prohibitory terms (see,
e.g., present Art. 87, §27A - now §13-306).
This cross—reference will obviate the future