3698

LAWS OF MARYLAND

Ch. 782

(B) A DISCLOSURE FOR MARKETING PURPOSES MAY NOT BE MADE IF
THE HOLDER OF ANY ACTIVE CREDIT CARD OR PAYMENT DEVICE NUMBER HAS
PROHIBITED THE ISSUER IN WRITING AT THE ISSUER'S ADDRESS FROM
USING THE CARD OR NUMBER FOR MARKETING PURPOSES.

(C) A PERSON MAY NOT FURNISH ANY REPORT CONTAINING A CREDIT
CARD OR PAYMENT DEVICE NUMBER PRIOR TO RECEIPT OF AN INDIVIDUAL
WRITTEN, ORAL, OR ELECTRONIC CERTIFICATION FROM THE REQUESTOR:

(1) CONTAINING THE REASON THAT THE CREDIT CARD OR
PAYMENT DEVICE NUMBER IS REQUIRED; AND

(2) STATING THAT THE CREDIT CARD OR PAYMENT DEVICE
NUMBER:

(I) CANNOT BE OBTAINED UNDER A CIRCUMSTANCE
SPECIFIED UNDER THIS TITLE; OR

(II) IS NEEDED FOR SECURITY, OR LOSS OR FRAUD
PREVENTION PURPOSES.

14-1403.

A PERSON MAY NOT POSSESS, WITH UNLAWFUL OR FRAUDULENT
INTENT, ANY CREDIT CARD NUMBER OR OTHER PAYMENT DEVICE NUMBER
BELONGING TO ANOTHER PERSON.

14-1404.

ANY PERSON WHO VIOLATES THIS TITLE IS GUILTY OF A FELONY AND
ON CONVICTION IS SUBJECT TO A FINE NOT TO EXCEED $1,000 OR
IMPRISONMENT OF NOT MORE THAN 15 YEARS, OR BOTH.

14-1405.

(A)(1) THE ATTORNEY GENERAL OF THE STATE MAY RECOVER FOR
THE STATE THE PENALTY PROVIDED UNDER § 14-404 OF THIS SUBTITLE IN
A CIVIL ACTION.

(A) (1) THE ATTORNEY GENERAL MAY INSTITUTE A CIVIL ACTION
AGAINST ANY PERSON WHO VIOLATES THIS TITLE TO RECOVER FOR THE
STATE A PENALTY NOT TO EXCEED $1,000 FOR EACH VIOLATION.

(2) FOR THE PURPOSES OF THIS SUBSECTION, EACH
PROHIBITED DISCLOSURE OR USE OF A CREDIT CARD NUMBER OR OTHER
PAYMENT DEVICE NUMBER SHALL BE CONSIDERED AN INDEPENDENT
VIOLATION.

(B)  THE ATTORNEY GENERAL MAY SEEK AN INJUNCTION IN A CIVIL
ACTION TO PROHIBIT A PERSON WHO HAS ENGAGED OR IS ENGAGED IN A
VIOLATION OF THIS SUBTITLE FROM ENGAGING IN THE VIOLATION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, October 1, 1984.