{"id":373898,"date":"2016-03-31T21:35:29","date_gmt":"2016-04-01T02:35:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/maryland-law\/maryland-telemarketing-fraud-laws.html"},"modified":"2018-03-08T00:00:00","modified_gmt":"2018-03-08T05:00:00","slug":"maryland-telemarketing-fraud-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/maryland-law\/maryland-telemarketing-fraud-laws.html","title":{"rendered":"Maryland Telemarketing Fraud Laws"},"content":{"rendered":"\n
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Maryland Telemarketing Fraud Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

It feels like telemarketers have been around for as long as phones have, and we all dread getting those calls. Telemarketers are not only a hassle, but sometimes untrustworthy as well. So what laws are in place to make sure telemarketers are telling the truth and won’t abuse our personal information? Here’s a brief summary of telemarketing fraud laws in Maryland.<\/p>\r\n

Statutes Regulating Telemarketing<\/h2>\r\n

Normally, telemarketing fraud<\/a> is a crime prosecuted at the federal level because most of the calls are placed across state lines. In those cases, the FTC (Federal Trade Commission<\/a>) is the agency responsible for investigating and prosecuting telemarketing fraud in the U.S. However, Maryland, like many other states, has its own telemarketing fraud laws in order to further protect state residents. And in Maryland, the Attorney General’s Office<\/a> investigates telemarketing fraud.<\/p>\r\n

Maryland Telemarketing Fraud Statutes<\/h2>\r\n

Telemarketing laws in Maryland main are highlighted in the chart below. You can also visit FindLaw’s Consumer Protection<\/a> section for more articles and resources on this topic.<\/p>\r\n\r\n

Code Sections<\/b><\/p>\r\n<\/td>\r\n

Commercial Law Articles \u00a714\u20132203, et seq.<\/a><\/p>\r\n

Business Regulation Articles \u00a76\u2013101, et seq.<\/a><\/p>\r\n<\/td>\r\n<\/tr>

What Is Required or Prohibited?<\/b><\/p>\r\n<\/td>\r\n

Telemarketers must register<\/a> with the Secretary of State as a solicitor.<\/p>\r\n

A contract made pursuant to a telephone solicitation is not valid and enforceable against a consumer<\/a> unless:<\/p>\r\n

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Penalty<\/b><\/p>\r\n<\/td>\r\n

Telemarketers who break Maryland\u2019s telemarketing laws can be penalized both criminally and civilly. Also, failure to comply with the telephone solicitation laws is a \u201cdeceptive act\u201d under the Maryland Solicitations Act<\/a> and telemarketers are subject to those penalties as well.<\/p>\r\n

Criminal Penalties<\/u><\/p>\r\n

(a)A willful violation is a misdemeanor and subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.<\/p>\r\n

(b)A person grossly negligent violation is a misdemeanor and subject to a fine not exceeding $3,000 or liability for restitution that the court determines or both.<\/p>\r\n

Civil Penalties<\/u><\/p>\r\n

Telemarketers who don’t comply with registration and other requirements can have their registration revoked, be prohibited from acting as a solicitor for up to 10 years, and be ordered to refund any donations or sales revenue.<\/p>\r\n<\/td>\r\n<\/tr>

Civil Case<\/b><\/p>\r\n<\/td>\r\n

Consumers who are harmed by telemarketing fraud can sue in civil court as an unfair or deceptive trade practice under Title 13, Subtitle 3 of Maryland\u2019s Commercial Law Articles. If the violation involves a solicitation offering credit services, consumers can sue under the Maryland Credit Services Businesses Act.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Protecting Yourself from Telemarketing Fraud<\/h2>\r\n

The best way to protect yourself<\/a> from telemarketing fraud is to take preventative steps. You can:<\/p>\r\n