MARVIN MANDEL, Governor

1999

AN ACT concerning

Equal Credit Opportunity Act — [[Penalties]] Damages

FOR the purpose of increasing the [[penalties]] damages
for violation of the Equal Credit Opportunity Act;
and generally relating to civil liabilities for
violation of the Equal Credit Opportunity Act.

BY repealing and reenacting, with amendments,

Article - Commercial Law
Section 12-707[[ (a) ]]
Annotated Code of Maryland
(1975 Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 12-707[[(a)]] of Article -
Commercial Law, of the Annotated Code of Maryland (1975
Volume and 1975 Supplement) be and it is hereby repealed
and reenacted, with amendments, to read as follows:

Article — Commercial Law

12-707.

(a) Notwithstanding the provisions of § 12-703,
any creditor who violates any provisions of this subtitle
is liable to the applicant [[for the greater of:

(1)        Any actual damages sustained by the
applicant; or

(2)         [$50.] UP TO $10,000; AND

(3)         COURT COSTS. ]]

[(b) A creditor does not violate this subtitle if
the creditor shows by a preponderance of evidence in any
administrative of judicial proceeding, that the violation

was not wilfull or resulted from a bona fide error

notwithstanding the maintenance of procedures reasonably
adapted to avoid any such error.]

IN AN AMOUNT EQUAL TO THE SUM OF ANY ACTUAL DAMAGES
SUSTAINED BY THE APPLICANT ACTING EITHER IN AN INDIVIDUAL
CAPACITY OR AS A REPRESENTATIVE OF A CLASS.

(B) ANY CREDITOR WHO FAILS TO COMPLY WITH ANY

REQUIREMENT IMPOSED UNDER THIS SUBTITLE SHALL BE LIABLE

TO THE AGGRIEVED APPLICANT FOR PUNITIVE DAMAGES IN AN

AMOUNT NOT GREATER THAN $10,000, AS DETERMINED BY THE

COURT. IN ADDITION TO ANY ACTUAL DAMAGES PROVIDED IN

SUBSECTION (A): IN PURSUING THE RECOVERY ALLOWED UNDER
THIS SUBSECTION, THE APPLICANT MAY PROCEED ONLY IN AN
INDIVIDUAL CAPACITY AND NOT AS A REPRESENTATIVE OF A