WILLIAM DONALD SCHAEFER, Governor

Ch. 648

allowed under this subsection, the applicant may proceed only in
an individual capacity and not as a representative of a 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
subsections (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
willful 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.

[12-708.] 12-709.

This subtitle may be cited as the Maryland Equal Credit
Opportunity Act.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

Approved May 25, 1989.

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