(a) Any statement or characterization that indicates the borrower intends to use a plan to obtain loans or other extensions of credit solely to acquire an interest in or to carry on a business or commercial enterprise may be relied upon by a credit grantor in establishing a plan, unless the credit grantor knows or should know that the statement or characterization is false or misleading.
(b) As a condition to the establishment of a plan, a credit grantor may not require a borrower to make any false or misleading statement or characterization that loans or other extensions of credit to be obtained under a plan are commercial loans or for a commercial purpose if the credit grantor knows or should know they are not commercial loans or for a commercial purpose.
(c) The borrower has the burden of proving that a credit grantor knew or should have known that a statement or characterization described in subsection (a) or (b) of this section was false or misleading when made and that loans or other extensions of credit obtained under a plan were not commercial loans or extensions of credit for a commercial purpose.
(d) Unless a credit grantor knew or should have known that a statement or characterization described in subsection (a) or (b) of this section was false or misleading when made, a credit grantor shall have no liability under this subtitle if loans or other extensions of credit under a plan are actually used by the borrower other than as commercial loans or other extensions of credit for a commercial purpose.
Structure Maryland Statutes
Subtitle 9 - Credit Grantor Revolving Credit Provisions
Section 12-902 - Authorized Extensions of Credit
Section 12-903 - Interest and Finance Charges
Section 12-904 - Variation in Periodic Percentage Rate
Section 12-905 - Additional Fees and Charges
Section 12-906 - Plan Authorizing Both Loans and Purchases
Section 12-907 - Plan Connected With Demand Deposit Account
Section 12-908 - Deferral of Scheduled Payments; Deferral Charge
Section 12-909 - Insurance Generally
Section 12-909.1 - Insurance Binders
Section 12-910 - Charges for Default or Delinquency
Section 12-911 - Attorney's Fees; Court or Other Collection Costs
Section 12-912 - Amendment of Plan Agreement
Section 12-913 - Applicability of Other Laws
Section 12-913.1 - Election of Applicable Laws
Section 12-913.2 - Delivery of Plan Agreement; Proof of Delivery
Section 12-914 - General Provisions
Section 12-916 - Complaint Procedure
Section 12-917 - Criminal Penalties
Section 12-918 - Civil Penalties
Section 12-918.1 - Civil Penalties -- Exception
Section 12-919 - Limitation of Actions
Section 12-920 - Limitation on Credit Grantor's Liability
Section 12-922 - Definitions; Financing Agreements
Section 12-923 - Agreements Governing Revolving Credit Plans
Section 12-924 - Release of Lien Securing Extension of Credit
Section 12-925 - Credit Grantor to Consider Borrower's Ability to Repay Loan