572

LAWS OF MARYLAND

[Ch. 49

THE DUTIES PRESCRIBED IN §14-404 MAY NOT    BE IMPOSED
ON A GUARANTOR IF HE SHOWS THAT WHILE THE CONSUMER

PRODUCT WAS IN THE POSSESSION OF ANY PERSON    OTHER THAN

THE GUARANTOR, DAMAGE OR UNREASONABLE USE,     INCLUDING

FAILURE TO PROVIDE ANY REASONABLE AND      NECESSARY

MAINTENANCE DISCLOSED UNDER §14-403 OF THIS      SUBTITLE,
CAUSED THE PRODUCT TO MALFUNCTION.

REVISOR'S NOTE: This
Art. 83, §171.

section presently appears as

Section 171 presently exempts a guarantor if
the consumer's "failure to provide reasonable
and necessary maintenance" caused the
malfunction. However, as thus worded, this
section makes no distinction as to whether or
not the requisite "reasonable and necessary
maintenance" was in fact ever disclosed to the
person guaranteed, as required by §14—403(2).
In light of the broad definition of the term
in §14—401(g), it would appear unfair to
exempt a guarantor simply because the consumer
failed to provide any maintenance, the
requirement and specifics for which the
guarantor has himself failed to disclose.
Such a result would appear at odds with the
provisions of §14—404(b) and is apparently
unintended. Therefore, the phrase "failure to
provide any reasonable and necessary
maintenance disclosed under §14—403" has been
substituted. (This change would also appear
to follow from the legislative dictate in
§14-402 that this subtitle be "liberally
construed and applied to promote its purposes
and policies.")

The only other changes are in style.

14-406.

ACTION BY ATTORNEY GENERAL

(A)   ATTORNEY GENERAL MAY SEEK INJUNCTION.

IF A GUARANTOR VIOLATES ANY PROVISION OF THIS
SUBTITLE, THE ATTORNEY GENERAL MAY OBTAIN A COURT ORDER
PROHIBITING THE GUARANTOR FROM FURTHER VIOLATIONS.

(B)   NOTICE.

AT LEAST SEVEN DAYS BEFORE THE FILING OF AN ACTION
FOR THE ORDER, THE ATTORNEY GENERAL SHALL GIVE
APPROPRIATE NOTICE TO THE GUARANTOR STATING GENERALLY THE
RELIEF SOUGHT.

(C) COURT ORDER.