Maryland Statutes
Subtitle 9 - Maryland Debt Management Services Act
Section 12-920 - Prohibited Activities

(a)    A licensee may not:
        (1)    Purchase any debt or obligation of a consumer;
        (2)    Lend money or provide credit to a consumer;
        (3)    Obtain a mortgage or other security interest in property owned by a consumer;
        (4)    Operate as a collection agency, as defined in § 7–101 of the Business Regulation Article;
        (5)    Structure a debt management services agreement in a manner that would result in a negative amortization of any of the consumer’s debts;
        (6)    Make any false, misleading, or deceptive representations or omissions of information in connection with the offer, sale, or performance of any service;
        (7)    Offer, pay, or give a substantial gift, bonus, premium, reward, or other compensation to a person for referring a prospective customer to the licensee;
        (8)    Offer an incentive, including a gift, bonus, premium, reward, or other compensation, to a consumer for executing a debt management services agreement with the licensee;
        (9)    Charge for or provide credit insurance;
        (10)    Compromise any debts of a consumer unless the licensee has obtained the prior written approval of the consumer, and the compromise benefits the consumer;
        (11)    Enter into a contract or fee–for–service arrangement with a person owned, controlled by, or affiliated with an officer, a director, or an employee of the debt management services provider, or with a relative of an officer, a director, or an employee, that benefits an officer, a director, or an employee of the debt management services provider;
        (12)    Advertise, display, distribute, broadcast, televise, or otherwise publish debt management service rates, terms, or services in a false, misleading, or deceptive manner;
        (13)    Pay an incentive to an employee for enrolling a consumer in a debt management services plan or agreement; or
        (14)    Violate any provision of federal or State law governing debt management services or other related services.
    (b)    (1)    Notwithstanding any other provision of State law, a licensee may not, directly or indirectly, collect any fee for referring, advising, procuring, arranging, or assisting a consumer in obtaining any extension of credit or other consumer service from a lender or service provider if the licensee, or any owner, officer, director, principal, or employee of the licensee, is an owner, partner, director, officer, or employee of the lender or service provider.
        (2)    This subsection does not prohibit a licensee from referring, advising, procuring, arranging, or assisting a consumer in obtaining any extension of credit or other consumer service from a lender or service provider of which the licensee, or any owner, officer, director, principal, or employee of the licensee, is an owner, partner, director, officer, or employee, if:
            (i)    The licensee does not directly or indirectly collect any fee; and
            (ii)    The consumer is provided with a written disclosure of the relationship.

Structure Maryland Statutes

Maryland Statutes

Financial Institutions

Title 12 - Miscellaneous Institutions and Activities

Subtitle 9 - Maryland Debt Management Services Act

Section 12-901 - Definitions

Section 12-902 - Applicability

Section 12-904 - Fees

Section 12-905 - Credit of Revenue From Licensing and Payment of Fines and Penalties Into Various Funds

Section 12-906 - Debt Management Services Without License Prohibited; Requirements

Section 12-907 - License Requirements

Section 12-908 - Application

Section 12-909 - Fingerprints and Criminal History Records Check

Section 12-910 - Investigation; Time Period; Issuance; Denial

Section 12-911 - Contents of License; Authorization; Transfer; Display; Notice on Website

Section 12-912 - Term, Expiration, and Renewal of License

Section 12-913 - Surrender

Section 12-914 - Surety Bond

Section 12-915 - Change of Information Included in the Application

Section 12-916 - Requirements for Providing Debt Management Services

Section 12-917 - Trust Account

Section 12-918 - Fees

Section 12-919 - Accounting

Section 12-920 - Prohibited Activities

Section 12-921 - Reports

Section 12-922 - Retention of Books, Accounts, and Records

Section 12-923 - Investigation

Section 12-924 - On-Site Examination

Section 12-925 - License Number to Be Included in Advertisement

Section 12-926 - Denial, Suspension, Revocation of License

Section 12-927 - Hearing

Section 12-928 - Enforcement of Subtitle

Section 12-929 - Penalty for Violation of Subtitle

Section 12-930 - Civil Action

Section 12-931 - Title