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Ch. 154
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Martin O'Malley, Governor
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(I) ORIGINATED FROM THE BANK;
(II) ORIGINATED FROM SOMEONE AFFILIATED,
CONNECTED, OR ASSOCIATED WITH THE BANK;
(III) IS ENDORSED APPROVED OR SPONSORED BY THE BANK;
OR
(III) (IV) IS THE RESPONSIBILITY OF THE BANK.
(C) IN ADDITION TO ANY OTHER REMEDIES A BANK MAY HAVE UNDER
ANY OTHER PROVISION OF LAW, A BANK THAT IS AFFECTED BY A VIOLATION OF
SUBSECTION (B) OF THIS SECTION MAY BRING AN ACTION AGAINST THE PERSON
THAT COMMITTED THE VIOLATION TO RECOVER:
(1) ACTUAL DAMAGES SUSTAINED AS A RESULT OF THE
VIOLATION;
(2) EITHER:
(I) ALL PROFITS ATTRIBUTABLE TO THE VIOLATION; OR
(II) $1,000 FOR EACH VIOLATION; AND
(3) REASONABLE COURT COSTS AND REASONABLE ATTORNEY'S
FEES AND COURT COSTS.
(D) (1) IF THE COMMISSIONER REASONABLY BELIEVES THAT A
PERSON HAS VIOLATED OR INTENDS TO VIOLATE SUBSECTION (B) OF THIS
SECTION, THE COMMISSIONER MAY ISSUE A CEASE AND DESIST ORDER TO THE
PERSON IN ACCORDANCE WITH § 2-115 OF THIS ARTICLE.
(2) IF A PERSON FAILS TO COMPLY WITH A CEASE AND
DESIST ORDER ISSUED UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE
COMMISSIONER MAY IMPOSE A CIVIL PENALTY NOT EXCEEDING $5,000 FOR
EACH VIOLATION.
(3) FOR THE PURPOSES OF IMPOSING PENALTIES UNDER
PARAGRAPH (2) OF THIS SUBSECTION, EACH INSTANCE OF A VIOLATION OF
THIS SECTION IS A SEPARATE VIOLATION.
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- 1289 -
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