1. (a) A merchant who engages in a violation of this title is subject to a fine not exceeding $10,000 for each violation.
2. (b) 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 not exceeding $25,000 for each subsequent violation.
3. (c) 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.

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

   1. (1) The severity of the violation for which the penalty is assessed;
   2. (2) The good faith of the violator;
   3. (3) Any history of prior violations;
   4. (4) Whether the amount of the penalty will achieve the desired deterrent purpose; and
   5. (5) Whether the issuance of a cease and desist order, including restitution, is insufficient for the protection of consumers.

Added by Acts 1975, c. 49, § 3, eff. July 1, 1975. Amended by Acts 1985, c. 603; Acts 1993, c. 246; Acts 2018, c. 731, § 1, eff. Oct. 1, 2018; Acts 2018, c. 732, § 3, eff. Oct. 1, 2018.

Formerly Art. 83, § 20H.