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Session Laws, 1988
Volume 770, Page 4045   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 589

(C)  "CONSUMER CREDIT", "CONSUMER DEBTS" (1) "CONSUMER
GOODS", "CONSUMER REALTY", AND "CONSUMER SERVICES", MEAN,
RESPECTIVELY, CREDIT, DEBTS OR OBLIGATIONS, GOODS, REAL PROPERTY,
AND SERVICES WHICH ARE PRIMARILY FOR PERSONAL, HOUSEHOLD, FAMILY,
OR AGRICULTURAL PURPOSES.

(2) "CONSUMER SERVICES" DOES NOT INCLUDE FINANCIAL
SERVICES OR SECURITIES SALES.

(D)  (1) "MERCHANT" MEANS A PERSON WHO, DIRECTLY OR
INDIRECTLY, OFFERS OR MAKES AVAILABLE TO CONSUMERS ANY CONSUMER
GOODS, CONSUMER SERVICES, OR CONSUMER REALTY, OR CONSUMER CREDIT.

(2) "MERCHANT" DOES NOT INCLUDE A PERSON WHO IS
EXEMPT UNDER § 13-104 OF THIS ARTICLE.

(E) (1) "TELEPHONE SOLICITATION" MEANS THE ATTEMPT BY A
MERCHANT, MADE BY TELEPHONE, TO SELL OR LEASE CONSUMER GOODS,
SERVICES, CREDIT, DEBTS, OR REALTY TO A CONSUMER LOCATED IN THIS
STATE THAT IS:

(1) MADE ENTIRELY BY TELEPHONE; AND

(2) INITIATED BY THE MERCHANT.

(2) "TELEPHONE SOLICITATION" INCLUDES SALES

CONSUMMATED ENTIRELY BY TELEPHONE WHERE THE MERCHANT SOLICITS THE
CONSUMER IN RESPONSE TO, OR FOLLOWING, AN INVITATION BY THE
CONSUMER.

14-2102.

(A) THE MARYLAND GENERAL ASSEMBLY FINDS THAT:

(1) TELEPHONE SOLICITATIONS HAVE AN INHERENT

POTENTIAL FOR MISUNDERSTANDING BY, AND ABUSE OF, CONSUMERS,
BECAUSE CONSUMERS DO NOT HAVE AN OPPORTUNITY TO REVIEW THE
CONTRACT TERMS OR TO INSPECT THE GOODS BEING SOLD; AND

(2) THERE HAS BEEN AN INCREASING USE OF DECEPTION IN
TELEPHONE SOLICITATION.

(B) FOR THE REASONS STATED IN SUBSECTION (A) OF THIS
SECTION, THE STATE OF MARYLAND HAS A SUBSTANTIAL INTEREST IN
ALLEVIATING THE PROBLEMS CAUSED BY TELEPHONE SOLICITATION BY
REQUIRING THAT CERTAIN CONTRACTS SOLICITED BY TELEPHONE BE
REDUCED TO WRITING IN ORDER TO BE ENFORCEABLE.

14-2103.

THE PROVISIONS OF THIS ACT DO NOT APPLY TO A TRANSACTION:

- 4045 -

 

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Session Laws, 1988
Volume 770, Page 4045   View pdf image
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