Terms Used In Maryland Code, COMMERCIAL LAW 14-1313

  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
(a) (1) In this section the following words have the meanings indicated.

(2) (i) “Commercial solicitation” means the unsolicited electronic or telephonic transmission in the State to a facsimile device to encourage a person to purchase goods, realty, or services.

(ii) “Commercial solicitation” does not include:

1. An electronic or telephonic transmission made in the course of prior negotiations; or

2. An electronic or telephonic transmission made in the course of a preexisting business relationship with the person receiving the transmission.

(3) “Facsimile device” means a machine that receives and copies reproductions or facsimiles of documents or photographs that have been transmitted electronically or telephonically over telecommunications lines.

(b) A person may not make intentionally an electronic or telephonic transmission to a facsimile device for the purpose of commercial solicitation.

(c) (1) The Attorney General may initiate a civil action against any person who violates this section to recover for the State a penalty not to exceed $1,000 for each violation.

(2) For the purposes of this section, each prohibited commercial solicitation is a separate violation.