Maryland False Advertising and Related Crimes
MD. Commercial Law Code Ann. § 14-2901 - § 14-2903
Title 14 - Miscellaneous Consumer Protection Provisions
Subtitle 29 - False Advertising and Related Crimes
Section 14-2901 - Definitions
Section 14-2902 - False and Fraudulent Advertising
Section 14-2903 - Bait and Switch
Section 14-2901 - Definitions
(a) In this subtitle the following words have the meanings indicated.
(b) “Advertise” means:
(1) To publish, circulate, disseminate, or place before the public in any way or through any medium for the purpose of selling merchandise; and
(2) Advertising by:
(i) Exterior or interior signs, including neon or other electrical signs;
(ii) Radio, telephone, or television; and
(iii) Newspaper, magazine, book, notice, or any other method or material.
(c) “Person” includes an association, firm, partnership, corporation, or an agent or employee of any of these entities.
(d) “Property”, as used in § 14-2902(a) through (c) of this subtitle, includes:
(1) Merchandise;
(2) Real estate;
(3) Securities;
(4) Employment;
(5) A loan made at interest;
(6) Any contract relating to real estate, securities, service, employment, or the making of loans at interest; or
(7) Anything else of value.
Section 14-2902 - False and Fraudulent Advertising
(a) For the purpose of purchasing, selling, or disposing of property or a service, a person may not advertise a statement containing a representation of fact that the person knows, or by the exercise of reasonable care should know, to be untrue, deceptive, or misleading.
(b) A person may not offer for sale repossessed, reconditioned, rebuilt, or secondhand property, knowing the property to be repossessed, reconditioned, rebuilt, or secondhand, unless:
(1) The property is identified clearly as repossessed, reconditioned, rebuilt, or secondhand; or
(2) The circumstances of the sale make it clear to a reasonable purchaser that the property is repossessed, reconditioned, rebuilt, or secondhand.
(c) A person may not knowingly advertise for sale property or a service that the person does not possess or control for the purpose of inducing or increasing the sale of other property or service that the person possesses or controls.
(d) (1) A person who issues, sells, or offers to sell a passenger ticket to board a vessel may not omit reference to the country of registry of the vessel in any advertisement or any other similar printed paper or notice, written or oral, regarding:
(i) The voyage or the ticket that entitles or purports to entitle its owner, purchaser, or holder to the voyage;
(ii) The vessel for which the voyage is sold or offered;
(iii) The line that the vessel is part of; or
(iv) If applicable, that the person is an agent for the line or vessel.
(2) Reference in a printed advertisement to the country of registry of the vessel shall be no less prominently displayed than the balance of the material appearing in the advertisement.
(e) A person may not advertise for sale property subject to a ground rent at a stated price or on terms stating the amount of any installment payments without also stating the amount of the annual ground rent for the property.
(f) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
Section 14-2903 - Bait and Switch
(a) A person may not advertise for sale merchandise, commodities, or service through an advertisement describing the merchandise, commodities, or service:
(1) As part of a plan or scheme with the intent not to sell the merchandise, commodity, or service at the advertised price; or
(2) With the intent not to sell the merchandise, commodity, or service.
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $500 or both.
For more information, see here: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcl§ion=14-2901&enactments=False&archived=False
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