1. (a) The only persons liable under this section are:

   1. (1) charitable organizations;
   2. (2) charitable representatives; and
   3. (3) officers, directors, partners, or trustees of charitable organizations or charitable representatives.

2. (b) Except as provided in subsection (d) of this section, a person who willfully fails to comply with a requirement of this title as to a charitable contribution made because of a charitable solicitation is liable to the donor of the charitable contribution for:

   1. (1) actual damages that the donor sustains because of the failure;
   2. (2) punitive damages that the court allows, not exceeding 3 times the actual damages; and
   3. (3) reasonable attorney's fees and costs of the action, if damages are awarded.

3. (c) Except as provided in subsection (d) of this section, a person who is grossly negligent in failing to comply with a requirement of this title as to a charitable contribution made because of a charitable solicitation is liable to the donor of the charitable contribution for:

   1. (1) actual damages that the donor sustains because of the failure; and
   2. (2) reasonable attorney's fees and costs of the action, if damages are awarded.
4. (d) A person is not liable under this section if the person establishes by a preponderance of the evidence that, at the time of the failure to comply with a requirement under this title, the person followed reasonable procedures to comply.

Added by Acts 1992, c. 4, § 2.

Formerly Art. 41, § 3-216.