§ 13-410. Civil penalty -- Merchants

   (a) First violation. -- A merchant who engages in a violation of this title is subject to a fine of not more than $ 1,000 for each violation.

(b) Subsequent violation. -- A merchant who has been found to have engaged in a violation of this title and who subsequently repeats the same violation is subject to a fine of not more than $ 5,000 for each subsequent violation.

(c) Fines as civil penalties. -- The fines provided for in subsections (a) and (b) of this section are civil penalties and are recoverable by the State in a civil action or an administrative cease and desist action under § 13-403(a) and (b) of this subtitle or after an administrative hearing has been held under § 13-403(d)(3) and (4) of this subtitle.

(d) Factors affecting penalty amount. -- The Consumer Protection Division shall consider the following in setting the amount of the penalty imposed in an administrative proceeding:

   (1) The severity of the violation for which the penalty is assessed;

   (2) The good faith of the violator;

   (3) Any history of prior violations;

   (4) Whether the amount of the penalty will achieve the desired deterrent purpose; and

   (5) Whether the issuance of a cease and desist order, including restitution, is insufficient for the protection of consumers.

HISTORY: An. Code 1957, art. 83, § 20H; 1975, ch. 49, § 3; 1985, ch. 603; 1993, ch. 246.