|
608 LAWS OF MARYLAND [Ch. 49
AFTER THE RECEIPT OF ANY MERCHANDISE CONSIDERED TO
BE AN UNCONDITIONAL GIFT UNDER THIS SECTION, IF THE
SENDER CONTINUES TO SEND ANY BILL, STATEMENT OF ACCOUNT,
OR REQUEST FOR PAYMENT WITH RESPECT TO THE MERCHANDISE,
THE RECIPIENT MAY BRING AN ACTION TO ENJOIN THE SENDER'S
CONDUCT. IN THAT ACTION, THE COURT MAY AWARD REASONABLE
ATTORNEY'S FEES AND COSTS TO THE PREVAILING PARTY.
REVISOR'S NOTE: This section presently appears as
Art. 83, §21A.
In this section, reference to a "firs,
partnership," etc., is deleted as unnecessary
in light of the definition of "person"
contained in §14-1101.
Also, in this section, references to "goods
[and] wares" are deleted as unnecessary in
light of the definition of "merchandise"
contained in §14—1101. Although present
§20(b) - unlike new §14-1101 - defines
"merchandise" as including "intangibles" and
"real estate," the present use of the specific
terms "goods, wares, or merchandise" in §21A
implies that the section was only intended to
apply to goods and not intangibles or real
property. This result also follows from the
general scheme of the section, as well as its
use of the term "sending."
In subsection (b) of this section, reference
is added to "registered" mail for purposes of
emphasis. This is in accord with Art. 1, §20
of the Code which generally permits the use of
either registered or certified mail as
alternates to each other.
In subsection (c) of this section, which is a
synthesis of the last paragraphs of each of
present §21A(a) and (b), the terms "bill [and]
statement of account" is substituted for "bill
statement" for purposes of clarity.
The only other changes are in style.
14-1105. CREDIT CARD ISSUED WITHOUT REQUEST.
(A) IN GENERAL.
EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS
SECTION, IF A CREDIT CARD OR CARD OF IDENTIFICATION FOR
CREDIT IS ISSUED TO A PERSON WITHOUT HIS PRIOR REQUEST OR
APPLICATION, THE CARD IS NOT CONSIDERED ACCEPTED UNTIL HE
SIGNIFIES ACCEPTANCE IN WRITING OR USES IT TO OBTAIN
|
