3202

LAWS OF MARYLAND

Ch. 703

(2) IF A CONSUMER NEGOTIATES A NEW DELIVERY DATE

UNDER SUBSECTION (C)(2)(III), THE PROVISIONS OF THIS SECTION
SHALL APPLY.

(C) A VIOLATION OF THIS SECTION SHALL BE AN UNFAIR AND
DECEPTIVE TRADE PRACTICE WITHIN THE MEANING OF TITLE 13 OF THIS
ARTICLE.

(H)(1) A COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO A
PREVAILING PLAINTIFF UNDER THIS SECTION.

(2) IF IT APPEARS TO THE SATISFACTION OF THE COURT
THAT AN ACTION IS BROUGHT IN BAD FAITH OR IS OF A FRIVOLOUS
NATURE, THE COURT MAY ORDER THE OFFENDING PARTY TO PAY TO THE
OTHER PARTY REASONABLE ATTORNEY'S FEES.

SUBTITLE 17. MERCHANDISE DELIVERY

14-1701.

(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B) "CONSUMER" HAS THE SAME MEANING AS THAT TERM HAS IN
TITLE 13 OF THE COMMERCIAL LAW ARTICLE.

(C) "DEALER" MEANS A PERSON WHO ENGAGES IN THE BUSINESS OF
SELLING OR LEASING HOUSEHOLD GOODS TO CONSUMERS RESIDING IN
MARYLAND.

(D) "HOUSEHOLD GOOD" MEANS ANY ARTICLE OR SET OF ARTICLES
USED TO FURNISH OR SUPPLY A RESIDENTIAL DWELLING SUCH AS A SOFA,
CABINET, RUG, CARPETING, WASHING MACHINE, REFRIGERATOR,
TELEVISION, DINING ROOM SET, OR RANGE; AND

(E) "HOUSEHOLD GOOD" DOES NOT INCLUDE:

(1) ANY ARTICLE TAKEN BY THE CONSUMER ON THE DATE THE
ARTICLE WAS ORDERED;

(2) ANY ARTICLE ORDERED BY MAIL; OR

(3) ANY PERMANENT FIXTURE.

(F) "ESTIMATED DELIVERY DATE" MEANS THE DATE ESTABLISHED
UNDER § 14-1702 OR § 14-1703 OF THIS TITLE ON WHICH THE DEALER
REASONABLY ANTICIPATES TO DELIVER THE ORDERED HOUSEHOLD GOOD TO
THE CONSUMER.

14-1702.

(A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE,
WHEN A CONSUMER ORDERS A HOUSEHOLD GOOD, THE DEALER SHALL PROVIDE
TO THE CONSUMER: