In this Chapter, the following words and phrases have the following meanings:
Consumer: A purchaser, lessee, or recipient, or prospective purchaser, lessee or recipient of consumer goods or services, including a co-obligor or surety.
Consumer goods or services: Real estate, goods, services, credit, debts, or obligations that are primarily for personal, household, family or agricultural purposes.
Director or Executive Director: The Director of the Office of Consumer Protection, or the Director's designee.
Merchant: Any person who offers or makes available to consumers, either directly or indirectly, consumer goods or services.
Office: The Office of Consumer Protection.
Person: An individual, proprietor, partnership, corporation, firm, cooperative, association, or any other group of individuals or legal entity, however organized.
Predatory or abusive lending practice: Any representation or marketing practice that is intended to misrepresent terms or mislead a consumer about the value of financing or buying real estate, consumer goods, or consumer services.*
*Editor’s note—The predatory or abusive lending practice definition was added by 2005 L.M.C., ch. 29, § 3 (Bill 36-04). However, in American Financial Services, et. al. v. Montgomery County, (Civil Action No. 269105), the Court declared Bill 36-04 “null and void” by order dated 11/30/06.
Real estate: Any leasehold or other tangible interest in residential real property, dwelling, building, or other structure located on residential real property, including a condominium unit. (1972 L.M.C., ch. 11, § 1; 1974 L.M.C., ch. 13, § 1; FY 1991 L.M.C., ch. 9, § 1; 1996 L.M.C., ch. 13, § 1; , § 1; , § 3; , § 1.)
Editor's note—The above section is discussed in Fosler v. Panoramic Design, Ltd., 376 Md. 118, 829 A.2d 271 (2003). The above section is described in Syndicated Publications, Inc. v. Montgomery County, 921 F.Supp. 1442 (D.Md. 1996).
2005 L.M.C., ch. 26, §§ 2 and 3, state:
Sec. 2. Regulations. A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.
Sec. 3. Transition. This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect. Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.
