Unannotated Code of Maryland (Last Updated: May 16, 2014) |
COMMERCIAL LAW |
TITLE 14. MISCELLANEOUS CONSUMER PROTECTION PROVISIONS |
SUBTITLE 39. TRANSPARENCY IN CONSUMER ARBITRATIONS ACT |
§ 14-3901. Definitions
Latest version.
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(a) In general. -- In this subtitle the following words have the meanings indicated.
(b) Arbitration activity. -- "Arbitration activity" means the initiation, conduct, sponsorship, or administration of, or the appointment of an arbitrator in, a consumer arbitration.
(c) Arbitration organization. -- "Arbitration organization" means a nongovernmental association, agency, board, commission, corporation, or other entity that performs arbitration activities.
(d) Consumer. -- "Consumer" means an individual who is:
(1) A resident of the State; and
(2) An actual or prospective purchaser or lessee of any goods, services, real property, or credit primarily for personal, family, or household purposes.
(e) Consumer arbitration. --
(1) "Consumer arbitration" means a binding arbitration conducted in accordance with a consumer arbitration agreement.
(2) "Consumer arbitration" does not include:
(i) A binding arbitration conducted in accordance with the provisions of a policy of property insurance, casualty insurance, or surety insurance, as those terms are defined in § 1-101 of the Insurance Article;
(ii) An arbitration governed by rules adopted by a securities self-regulatory organization and approved by the United States Securities and Exchange Commission under federal law; or
(iii) An arbitration between a consumer and a related institution that is licensed by the Department of Health and Mental Hygiene, if the consumer arbitration agreement between the consumer and the related institution is not mandated as a condition of admission of the consumer to the related institution.
(f) Consumer arbitration agreement. --
(1) "Consumer arbitration agreement" means a standardized contract that:
(i) Is between a consumer and another person who is not a consumer;
(ii) Provides for the sale or lease of any goods, services, real property, or credit primarily for personal, family, or household purposes; and
(iii) Requires that disputes arising under the contract be submitted to binding arbitration.
(2) "Consumer arbitration agreement" does not include a public or private sector collective bargaining agreement.
(g) Related institution. -- "Related institution" has the meaning stated in § 19-301 of the Health - General Article.