Section 3-1303 - Required procedures by merchant.
§ 3-1303. Required procedures by merchant.
(a) In general.- If a merchant elects to seek the civil penalty available under § 3-1302 (3) of this subtitle, the merchant:
(1) Shall comply with the procedures contained in this section;
(2) May not orally request or accept any payment at the time of apprehension; and
(3) May not accept any payment in cash without issuing a receipt for the payment.
(b) Initial demand letter.-
(1) The merchant shall cause an initial demand letter to be:
(i) Hand delivered personally to the responsible person; or
(ii) Mailed to the responsible person at that person's last known address.
(2) The initial demand letter shall:
(i) Identify the act of shoplifting or employee theft alleged to have been committed;
(ii) Specify the amount of damages sought under § 3-1302 (1) and (2) of this subtitle;
(iii) Specify the amount of the civil penalty sought under § 3-1302 (3) of this subtitle and explain the method of calculating that amount;
(iv) Request payment of the damages and civil penalty by cash, money order, certified check, or cashier's check;
(v) Contain a conspicuous notice advising the responsible person that payment of the damages and civil penalty does not preclude the possibility of criminal prosecution, but that the payment would not be admissible in any criminal proceeding as an admission or evidence of guilt; and
(vi) Specify the date by which the responsible person shall make the required payment to avoid civil action, which date shall be at least 15 days after the date of hand delivery or from the postmark date, as the case may be, of the initial demand letter.
(c) Second demand letter.-
(1) If payment in full is not received by the merchant on or before the date specified in the initial demand letter, the merchant shall cause a second demand letter to be mailed to the responsible person at that person's last known address.
(2) The second demand letter shall:
(i) Contain the same information, request for payment, and notice that is required by subsection (b)(2)(i) through (v) of this section for an initial demand letter;
(ii) Specify the date by which the responsible person shall make the required payment to avoid civil action, which date shall be at least 10 days from the postmark date of the second demand letter; and
(iii) Advise the responsible person that, if the required payment is not made in full on or before the date specified in the second demand letter, the responsible person will be subject to immediate institution of a civil suit for damages, penalties, court costs, and reasonable attorney's fees.
(d) Certificate of mailing.- The merchant shall get a certificate of mailing from the U.S. Postal Service for each initial demand letter and second demand letter mailed to a responsible person under this section.
[1991, ch. 582; 1996, ch. 10, § 1.]