(a) A merchant who engages in a violation of this title is subject to a fine not exceeding $10,000 for each violation.
(b) A merchant who has been found to have engaged in a violation of this title and who subsequently repeats the same violation is subject to a fine not exceeding $25,000 for each subsequent violation.
(c) The fines provided for in subsections (a) and (b) of this section are civil penalties and are recoverable by the State in a civil action or an administrative cease and desist action under § 13–403(a) and (b) of this subtitle or after an administrative hearing has been held under § 13–403(d)(3) and (4) of this subtitle.
(d) The Consumer Protection Division shall consider the following in setting the amount of the penalty imposed in an administrative proceeding:
(1) The severity of the violation for which the penalty is assessed;
(2) The good faith of the violator;
(3) Any history of prior violations;
(4) Whether the amount of the penalty will achieve the desired deterrent purpose; and
(5) Whether the issuance of a cease and desist order, including restitution, is insufficient for the protection of consumers.
Structure Maryland Statutes
Title 13 - Consumer Protection Act
Subtitle 4 - Enforcement and Penalties
Section 13-401 - Consumer's Complaint
Section 13-403 - Cease and Desist Order
Section 13-404 - Arbitration of Disputes
Section 13-405 - Subpoena Power
Section 13-407 - Aggrieved Party May Institute Other Proceedings
Section 13-408 - Action for Damages
Section 13-409 - Recovery of Costs by Attorney General