§ 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.

HISTORY: An. Code 1957, art. 56, § 325, 329C; 1992, ch. 4, § 2; 1996, ch. 58.