MARVIN MANDEL, Governor

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need to classify prohibiting acts by any
specific nomenclature, and, consequently,
eliminate the presently inconsistent usage of
"unlawful trade practices" (see, e.g., Art.
83, §21C, which was enacted by Ch. 298, Acts
of 196 9, and §20F(a) which was enacted by Ch.
609, Acts of 1974) and "unfair or deceptive
trade practice" (see, e.g., §20D(a), also
enacted by Ch. 609, Acts of 1974). If the
General Assembly chooses to subject a certain
prohibited act to the exemptions, enforcement,
and other provisions of this title, it need
merely enact that prohibition as a new section
(or subtitle, if necessary) to this Title 13;
the prohibition may be United to "consumer"
transactions, such as §13—303, or may
encompass a broader range of activities and
persons, such as §13—304 which refers to
"seller" (rather than "merchant"), "buyer"
(rather than "consumer"), and "merchandise,
real property, or intangibles" (rather than
"consumer goods"). If, on the other hand, the
General Assembly chooses to enact a new
prohibited activity not subject to the
jurisdiction of the Division, it need merely
add that prohibition to Title 14 of this
article, which contains "consumer protection"
provisions that are generally independent of
the Consumer Protection Act and the authority
of the Division.

The only other changes are in style and
organization.

The Commission emphasizes that neither its
reorganization of this section nor the
deletion of the phrase "but not limited to"
are intended in any manner to make applicable
the maxims of expressio unius est exclusio
alterius, ejusdum generis, or doctrines of
similar implication. That these doctrines
were not intended by the General Assembly to
apply to this section is apparent from the
declaration of findings, purpose, and
legislative intent in §§ 13-102 and 13—103,
and, more particularly, from the statement in
§13—105 that this title be "construed and
applied liberally to promote its purpose."

For provisions presently contained in the
Consumer Protection Act, but which are only
contractual in nature rather than prohibitory,
see Title 14, Subtitle 11; see, also,
revisor's note to §13—304.