Ch. 437                                    2004 LAWS OF MARYLAND

14-3202.

THIS SUBTITLE DOES NOT APPLY TO A TELEPHONE CALL INITIATED FOR A
CHARITABLE ORGANIZATION BY A PERSON THAT IS NOT A PROFESSIONAL
SOLICITOR.

A PERSON MAY NOT VIOLATE:

(1)      THE TELEMARKETING AND CONSUMER FRAUD AND ABUSE
PREVENTION ACT, 15 U.S.C. §§ 6101 THROUGH 6108, AS IMPLEMENTED BY THE
FEDERAL TRADE COMMISSION IN THE TELEMARKETING SALES RULE (16 C.F.R. PART
310); OR

(2)      THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, AS
IMPLEMENTED BY THE FEDERAL COMMUNICATIONS COMMISSION IN THE
RESTRICTIONS ON TELEMARKETING AND TELEPHONE SOLICITATIONS RULE (64 47
C.F.R. PART 64, SUBPART L).

14-3203. 14-3204. 14-3202.

(A)     A VIOLATION OF THIS SUBTITLE IS AN UNFAIR OR DECEPTIVE TRADE
PRACTICE WITHIN THE MEANING OF TITLE 13 OF THIS ARTICLE AND IS SUBJECT TO
THE ENFORCEMENT AND PENALTY PROVISIONS CONTAINED IN TITLE 13 OF THIS
ARTICLE.

(B)     IN ADDITION TO THE REMEDIES PROVIDED IN § 13-408 OF THIS ARTICLE,
AN INDIVIDUAL WHO IS AFFECTED BY A VIOLATION OF THIS SUBTITLE MAY BRING
AN ACTION AGAINST A PERSON THAT VIOLATES THIS SUBTITLE TO RECOVER:

(1)      REASONABLE ATTORNEY'S FEES; AND

(2)      DAMAGES IN THE AMOUNT OF THE GREATER OF:

(I)      $500 FOR EACH VIOLATION; OR

(II)     ACTUAL DAMAGES SUSTAINED AS A RESULT OF THE
VIOLATION.

(C)     FOR PURPOSES OF THIS SECTION, EACH PROHIBITED TELEPHONE
SOLICITATION AND EACH PROHIBITED PRACTICE DURING A TELEPHONE
SOLICITATION IS A SEPARATE VIOLATION.

SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent of the
General Assembly that the Division of Consumer Protection of the Office of the
Attorney General process and pursue, as authorized in Title 14, Subtitle 32 of the
Commercial Law Article, as enacted by Section 1 of this Act, only extreme cases of
violations of the National Do Not Call Registry in an effort to keep investigation and
enforcement costs minimal or, to the extent possible, within existing resources.

SECTION 2. AND BE IT FURTHER ENACTED, That the Office of the Attorney
General shall report, in accordance with § 2-1246 of the State Government Article, to

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