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Ch. 472
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2002 LAWS OF MARYLAND
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14-405.
(A) The duties prescribed in § 14-404 OF THIS SUBTITLE may not be imposed
on a guarantor if [he] THE GUARANTOR shows that while the consumer product was
in the possession of any person other than the guarantor, damage or unreasonable
use, including failure to provide any reasonable and necessary maintenance disclosed
under § 14-403 of this subtitle, caused the product to malfunction.
(B) THE DUTIES PRESCRIBED IN § 14-404 OF THIS SUBTITLE MAY NOT BE
IMPOSED ON A PROVIDER IF THE PROVIDER SHOWS THAT WHILE THE PRODUCT WAS
IN THE POSSESSION OF ANY PERSON OTHER THAN THE PROVIDER, DAMAGE OR
UNREASONABLE USE, INCLUDING FAILURE TO PROVIDE ANY REASONABLE AND
NECESSARY MAINTENANCE DISCLOSED UNDER § 14-403 OF THIS SUBTITLE, CAUSED
THE PRODUCT TO MALFUNCTION OR CAUSED THE INABILITY OF THE PROVIDER TO
PROVIDE ANY SERVICE UNDER THE SERVICE CONTRACT.
14-406.
(a) If a guarantor OR PROVIDER violates any provision of this subtitle, the
Attorney General may obtain a court order prohibiting the guarantor OR PROVIDER
from further violations.
(b) At least [seven] 7 days before the filing of an action for the order, the
Attorney General shall give appropriate notice to the guarantor OR PROVIDER stating
generally the relief sought.
(c) The court may issue an order or render a judgment necessary to:
(1) Prevent violations of this subtitle; and
(2) Restore to the person damaged any money or property acquired by
means of any practice in violation of any provision of this subtitle.
14-407.
(a) It is the policy of the State to encourage:
(1) [a] A guarantor voluntarily to establish procedures whereby a
guaranty dispute is fairly and expeditiously settled through informal dispute
settlement procedures; AND
(2) A PROVIDER VOLUNTARILY TO ESTABLISH PROCEDURES WHEREBY A
SERVICE CONTRACT DISPUTE IS FAIRLY AND EXPEDITIOUSLY SETTLED THROUGH
INFORMAL DISPUTE SETTLEMENT PROCEDURES.
(B) A guarantor OR PROVIDER who establishes informal dispute settlement
procedures may elect to settle guaranty disputes OR SERVICE CONTRACT DISPUTES,
AS THE CASE MAY BE, in cooperation with any private agency or the Consumer
Protection Division of the Attorney General's office.
[(b)] (C) The guarantor OR PROVIDER is liable to the person guaranteed for
any wrongful breach of a guaranty OR WRONGFUL BREACH OF A SERVICE CONTRACT,
AS THE CASE MAY BE, and is under a duty to:
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