PARRIS N. GLENDENING, Governor

Ch. 602

(C)     A VIOLATION OF THIS SUBTITLE SHALL BE AN UNFAIR AND DECEPTIVE
TRADE PRACTICE WITHIN THE MEANING OF TITLE 13 OF THIS ARTICLE, EXCEPT
THAT A PERSON WHO RECOVERS DAMAGES UNDER THIS SECTION FOR A VIOLATION
OF THIS SUBTITLE SHALL NOT BE ENTITLED TO RECOVER DAMAGES FOR THE SAME
VIOLATION UNDER § 13-408 OF THIS ARTICLE.

(D)     A LESSEE MAY NOT RECOVER DAMAGES IN AN ACTION UNDER THIS
SUBTITLE OR UNDER TITLE 13 OF THIS ARTICLE FOR ANY FAILURE TO COMPLY
WITH ANY PROVISION OF THIS SUBTITLE IF, WITHIN 60 DAYS AFTER DISCOVERING
AN ERROR AND PRIOR TO THE INSTITUTION OF AN ACTION UNDER THIS SUBTITLE
OR UNDER TITLE 13 OF THIS ARTICLE OR THE RECEIPT OF WRITTEN NOTICE OF THE
ERROR FROM THE LESSEE, THE LESSOR NOTIFIES THE LESSEE OF THE ERROR AND
MAKES WHATEVER ADJUSTMENTS ARE NECESSARY TO CORRECT THE ERROR.

(E)      (1) IF A COMPLAINT FOR VIOLATION OF ANY PROVISION OF THIS
SUBTITLE IS FILED WITH THE COMMISSIONER OF CONSUMER CREDIT, THE
COMMISSIONER MAY INVESTIGATE THE COMPLAINT AND HOLD A HEARING ON IT IN
ACCORDANCE WITH § 11-413 OF THE FINANCIAL INSTITUTIONS ARTICLE.

(2)      THE COMMISSIONER SHALL GIVE TO THE PERSON AGAINST WHOM A
COMPLAINT IS FILED AT LEAST 10 DAYS' WRITTEN NOTICE OF THE COMPLAINT AND
THE TIME AND PLACE OF ANY HEARING. THE NOTICE SHALL BE IN WRITING AND
SENT BY REGISTERED OR CERTIFIED MAIL TO THE PERSON'S PRINCIPAL PLACE OF
BUSINESS.

(3)      (I) IF, AFTER THE HEARING, THE COMMISSIONER FINDS THAT A
PERSON HAS ENGAGED OR IS ENGAGING IN ANY ACT OR PRACTICE PROHIBITED BY
THIS SUBTITLE, THE COMMISSIONER SHALL ORDER THE PERSON TO CEASE AND
DESIST FROM THE ACT OR PRACTICE.

(II) THE ORDER OF THE COMMISSIONER SHALL COMPLY WITH THE
ADMINISTRATIVE PROCEDURE ACT.

(4)      (I) IF NO APPEAL IS FILED, THE ORDER BECOMES FINAL AFTER
EXPIRATION OF THE TIME ALLOWED BY THE ADMINISTRATIVE PROCEDURE ACT
FOR APPEALS FROM THE COMMISSIONER'S ORDER.

(II) IF AN APPEAL IS FILED, THE ORDER BECOMES FINAL AFTER
FINAL DECISION OF THE COURT AFFIRMING THE ORDER OR DISMISSING THE
APPEAL.

(5)      FOR PURPOSES OF THIS SECTION, THE COMMISSIONER'S ORDER
MAY NOT APPLY TO ANY:

(I)       INCORPORATED BANK, SAVINGS INSTITUTION, OR TRUST
COMPANY;

(II)     SAVINGS AND LOAN ASSOCIATION; OR

(III)    FEDERAL CREDIT UNION OR STATE CHARTERED CREDIT
UNION.

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