(a) (1) In this section the following words have the meanings indicated.
(2) “Consumer” means an actual or a prospective purchaser, lessee, or recipient of consumer goods or services.
(3) “Consumer goods or services” means goods or services that are primarily for personal, household, or family purposes.
(b) A contract or a proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement concerning:
(1) The seller or lessor;
(2) Employees or agents of the seller or lessor; or
(3) The consumer goods or services.
(c) A person may not:
(1) Threaten or seek enforcement of a contract provision prohibited under subsection (b) of this section; or
(2) Penalize a consumer for making any statement protected under subsection (b) of this section.
(d) A waiver of any provision of this section is contrary to public policy and is void and unenforceable.
(e) This section may not be construed to prohibit or limit a person:
(1) That hosts online consumer reviews or comments from removing a statement that is otherwise lawful to remove;
(2) From including in a contract or a proposed contract for the sale or lease of consumer goods or services a provision prohibiting a consumer from disclosing proprietary information, techniques, or processes; or
(3) From bringing an action alleging that a statement made by a consumer is defamatory.
(f) A violation of this section is:
(1) An unfair and deceptive trade practice within the meaning of Title 13 of this article; and
(2) Subject to the enforcement and penalty provisions contained in Title 13 of this article.
Structure Maryland Statutes
Title 14 - Miscellaneous Consumer Protection Provisions
Subtitle 13 - Miscellaneous Provisions
Section 14-1302 - Preservation of Consumers' Claims and Defenses in Consumer Credit Contracts
Section 14-1303 - Waiver by Consumer Invalid in Certain Replevin Actions
Section 14-1304 - Unsolicited Sending of Merchandise
Section 14-1305 - Credit Card Issued Without Request
Section 14-1306 - Extension of Appliance Service Contract
Section 14-1307 - Ladders Capable of Conducting Electricity
Section 14-1308 - Processing Instructions on Certain Photographic Film
Section 14-1309 - Stoves and Freestanding Fireplaces
Section 14-1310 - Unvented Portable Kerosene-Fired Heaters
Section 14-1311 - Extended Warranties
Section 14-1312 - Return of Checks
Section 14-1313 - Unsolicited Facsimile Transmissions
Section 14-1314 - Security Systems
Section 14-1316 - Limitation on Recovering of Bedding
Section 14-1317 - Receiving Consigned Goods From Transporter
Section 14-1318 - Printing Payment Device Numbers on Receipts
Section 14-1319 - Gift Certificates
Section 14-1321 - Merchant Contact Information for Internet Sales Contracts
Section 14-1322 - Third-Party Vendor Billing
Section 14-1323 - Credit Card Blacklisting Prevention
Section 14-1324 - "Mug Shot" Web Sites
Section 14-1325 - Nondisparagement Clauses in Consumer Contracts