2000

LAWS OF MARYLAND

Ch. 723

CLASS.

(C) NOTWITHSTANDING SUBSECTION (B), ANY CREDITOR

WHO FAILS TO COMPLY WITH ANY REQUIREMENT IMPOSED UNDER

THIS SUBTITLE MAY BE LIABLE FOR PUNITIVE DAMAGES IN THE

CASE OF A CLASS ACTION IN SUCH AMOUNT AS THE COURT MAY

ALLOW, EXCEPT THAT AS TO EACH MEMBER OF THE CLASS NO

MINIMUM RECOVERY SHALL BE APPLICABLE, AND THE TOTAL

RECOVERY IN SUCH ACTION SHALL NOT EXCEED THE LESSER OF

$100,000 OR 1 PERCENT OF THE NET WORTH OF THE CREDITOR.

IN DETERMINING THE AMOUNT OF AWARD IN ANY CLASS ACTION,

THE COURT SHALL CONSIDER, AMONG OTHER RELEVANT FACTORS,

THE AMOUNT OF ANY ACTUAL DAMAGES AWARDED, THE FREQUENCY

AND PERSISTENCE OF FAILURES OF COMPLIANCE BY THE

CREDITOR, THE RESOURCES OF THE CREDITOR, THE NUMBER OF

PERSONS ADVERSELY AFFECTED, AND THE EXTENT TO WHICH THE

CREDITOR'S FAILURE OF COMPLIANCE WAS INTENTIONAL.

(D) WHEN A CREDITOR FAILS TO COMPLY WITH ANY

REQUIREMENT IMPOSED UNDER THIS SUBTITLE, AN AGGRIEVED

APPLICANT MAY INSTITUTE A CIVIL ACTION FOR__PREVENTIVE

RELIEF, INCLUDING AN APPLICATION FOR A PERMANENT OR

TEMPORARY INJUNCTION, RESTRAINING ORDER, OR OTHER ACTION.

(E) IN THE CASE OF ANY SUCCESSFUL ACTION TO

ENFORCE THE FOREGOING LIABILITY, THE COSTS OF THE ACTION,

TOGETHER WITH A REASONABLE ATTORNEY'S FEE AS DETERMINED

BY THE COURT SHALL BE ADDED TO ANY DAMAGES AWARDED BY THE
COURT UNDER THE PROVISIONS OF SUBSECTION (A), (B), AND
(D) OF THIS SECTION.

(F) A CREDITOR DOES NOT VIOLATE THIS SUBTITLE IF
THE CREDITOR SHOWS BY A PREPONDERANCE OF EVIDENCE IN ANY
ADMINISTRATIVE OR 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.

(G) AN ACTION UNDER THIS TITLE MAY BE BROUGHT IN

ANY DISTRICT COURT OR CIRCUIT COURT, DEPENDING UPON THE

AMOUNT IN CONTROVERSY, WITHIN ONE YEAR FROM THE DATE OF

THE OCCURRENCE OF THE VIOLATION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved May 17, 1976.

CHAPTER 724
(House Bill 1039)