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Ch. 456 2005 LAWS OF MARYLAND
1. (I) THE AMOUNT OF THE FEE;
2. (II) THE CIRCUMSTANCES UNDER WHICH THE FEE WILL
BE IMPOSED;
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3. (III) THE FREQUENCY WITH WHICH THE FEE WILL BE
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IMPOSED; AND
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4. (IV) WHETHER THE FEE IS TRIGGERED BY INACTIVITY.
(3) (C) IF THE DISCLOSURES REQUIRED UNDER PARAGRAPH (2) OF
THIS SUBSECTION (B) OF THIS SECTION ARE HIDDEN BY THE PACKAGING OF THE
GIFT CARD, THE SELLER OR ISSUER SHALL GIVE THE PURCHASER A WRITTEN
STATEMENT OF THE DISCLOSURES BEFORE THE GIFT CARD IS SOLD OR ISSUED.
(4) (D) IN ADDITION TO PRINTING THE INFORMATION REQUIRED
UNDER PARAGRAPH (3) OF THIS SUBSECTION (B) OF THIS SECTION ON A GIFT CARD:
(I) (1) IF A GIFT CARD IS SOLD OR ISSUED BY ELECTRONIC
MEANS, THE SELLER OR ISSUER SHALL INCLUDE A CONSPICUOUS WRITTEN
STATEMENT OF THE INFORMATION IN THE ELECTRONIC MESSAGE OFFERING THE
GIFT CARD; AND
(II) (2) IF A GIFT CARD IS SOLD OR ISSUED BY TELEPHONIC
MEANS, THE SELLER OR ISSUER, BEFORE THE GIFT CARD IS SOLD, SHALL STATE THE
INFORMATION TO THE PURCHASER.
(E) UNLESS THE CHANGE BENEFITS THE CONSUMER A TERM OR CONDITION
DISCLOSED UNDER SUBSECTION (B) OF THIS SECTION MAY NOT BE CHANGED AFTER
THE DATE OF PURCHASE OR ISSUANCE.
(C) (F) A VIOLATION OF ANY PROVISION OF THIS SECTION:
(1) IS AN UNFAIR OR DECEPTIVE TRADE PRACTICE WITHIN THE
MEANING OF TITLE 13 OF THIS ARTICLE; AND
(2) IS SUBJECT TO THE ENFORCEMENT AND PENALTY PROVISIONS
CONTAINED IN TITLE 13 OF THIS ARTICLE, EXCEPT THE PROVISIONS OF § 13-411 OF
THIS ARTICLE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply only prospectively and may not be applied or interpreted to have
any effect on or application to any gift certificate or gift card sold or issued before the
effective date of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2005 2006.
Approved May 26, 2005.
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- 2558 -
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