Section 7-205 - Enforcement powers; penalties.
§ 7-205. Enforcement powers; penalties.
(a) Enforcement powers.- To carry out this title, the Board may, subject to § 7-103(b) of this title:
(1) receive a written complaint and hold a hearing on an alleged violation by a collection agency of the Maryland Consumer Debt Collection Act or this title;
(2) mediate a dispute between a consumer and a collection agency and suggest monetary compensation of the consumer in an amount agreeable to the consumer and collection agency or other appropriate resolution or both; and
(3) issue orders:
(i) to cease and desist from the violation and any further similar violations; or
(ii) requiring the violator to take affirmative action to correct the violation.
(b) Penalties - Imposition.- If a violator fails to comply with a lawful order issued by the Board, the Board may impose a penalty of up to $500 for each violation cited in the order, not to exceed $5,000, from which the violator failed to cease and desist or for which the violator failed to take affirmative action to correct, as ordered by the Board.
(c) Penalties - Amount.- In determining the amount of any penalty to be imposed under subsection (b) of this section, the Board shall consider:
(1) the seriousness of the violation;
(2) the good faith of the violator;
(3) the violator's history of previous violations;
(4) the deleterious effect of the violation on the public and the collection industry; and
(5) any other factors relevant to the determination of the financial penalty.
[An. Code 1957, art. 56, §§ 325, 329C; 1992, ch. 4, § 2; 1996, ch. 58.]