Maryland Code, COMMERCIAL LAW 14-1325
Terms Used In Maryland Code, COMMERCIAL LAW 14-1325
- Contract: A legal written agreement that becomes binding when signed.
- including: means includes or including by way of illustration and not by way of limitation. See
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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
(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.