§ 12-106.1. Requiring false statement that loan is commercial loan

   (a) Prohibited. -- A person may not require a borrower, as a condition to receiving a loan, to make any false or misleading statement or characterization that a loan is a commercial loan under § 12-101(c), § 12-103(e), or § 12-105 of this subtitle or § 12-401(i)(3) of this title if the loan is not a commercial loan.

(b) Penalties. --

   (1) Except as provided in paragraph (2) of this subsection, any person who willfully requires a borrower to make a false or misleading statement in violation of subsection (a) of this section, or who willfully procures such statement, knowing that it is false or misleading, shall forfeit to the borrower three times the amount of interest and charges contracted for or collected in excess of that permitted by law, in addition to any other penalty otherwise provided in this title.

   (2) When a loan obtained by a borrower is not subject to restrictions imposed by law on the maximum amount of a finance charge and interest, any person who willfully requires a borrower to make a false or misleading statement in violation of subsection (a) of this section, or who willfully procures such statement, knowing that it is false or misleading, shall forfeit the finance charge or interest, brokerage fees, points, or any other charges or fees in addition to any other penalty otherwise provided in this title.

   (3) This section may not affect the rebuttable presumption that the loan was made for commercial purposes.

(c) Action on written complaint of violation. -- If a written complaint for violation of this section is filed with the Consumer Protection Division of the Office of the Attorney General, the Office may investigate the complaint and hold a hearing in accordance with Title 13 of this article.

HISTORY: 1980, ch. 631; 1983, chs. 512, 513; 1984, ch. 255; 1999, ch. 34, § 8; 2005, ch. 25, § 13; 2013, ch. 43, § 5.