Md. Code Ann., Cts. & Jud. Proc. § 5-1201
Definitions
Effective Oct 1, 2025Added by Acts 2016, c. 579, § 1, eff. Oct. 1, 2016. Amended by Acts 2025, c. 693, § 1, eff. Oct. 1, 2025; Acts 2025, c. 694, § 1, eff. Oct. 1, 2025.State of Maryland
- (a) In this subtitle the following words have the meanings indicated.
- (b) “Charge-off” means the act of a creditor that treats an account receivable or any other debt as a loss or an expense because payment is unlikely.
- (c) “Charge-off balance” means the amount due on the account or debt at the time of charge-off.
- (d) “Collector” means a person collecting or attempting to collect an alleged debt arising out of a consumer transaction.
(e) “Consumer debt” means a secured or an unsecured debt that:
- (1) Is for money owed or alleged to be owed; and
- (2) Arises from a consumer transaction.
(f)
- (1) “Consumer debt collection action” means any judicial action or arbitration proceeding in which a claim is asserted to collect a consumer debt.
- (2) “Consumer debt collection action” does not include an action brought under § 8-401 of the Real Property Article by a landlord or an attorney, a property manager, or an agent on behalf of a landlord.
- (g) “Consumer transaction” means any transaction involving a person seeking or acquiring real or personal property, services, money, or credit for personal, family, or household purposes.
- (h) “Creditor” means a person to whom a consumer debt is owed or alleged to be owed.
(i)
- (1) “Debt buyer” means a person that purchases or otherwise acquires consumer debt from an original creditor or from a subsequent owner of the debt.
(2) “Debt buyer” does not include:
- (i) A check services company that acquires the right to collect on a paper or an electronic check instrument, including an automated clearing house item that has been returned unpaid to a merchant;
(ii) A business entity that, in the business entity's ordinary course of business, does not purchase or otherwise acquire consumer debt from an original creditor or from a subsequent owner of the debt and acquired the consumer debt:
- 1. As a direct result of the business entity being the successor in a merger with the original creditor of the debt; or
- 2. Because the business entity purchased or otherwise acquired the original creditor in whole;
- (iii) A bank, credit union, or savings and loan association that acquired the consumer debt as a direct result of being the successor in a merger with another bank, credit union, or savings and loan association that had owned the consumer debt;
- (iv) A mortgage servicer that is licensed under Title 11, Subtitle 5 of the Financial Institutions Article, unless the mortgage servicer or a collector acting on the mortgage servicer's behalf collects or attempts to collect a deficiency balance or deficiency judgment in any way related to or arising from a foreclosure or short sale of real property that secured the mortgage loan;
(v) A sales finance company or any other person that acquires consumer debt arising from a retail installment sale agreement if:
- 1. The sales finance company or other person acquired the debt before the first installment payment was due from the consumer; and
- 2. The retail installment sale agreement expressly stated that the consumer would be required to make the consumer's payments to that sales finance company or person;
- (vi) A bank, credit union, or savings and loan association that acquired from another bank, credit union, or savings and loan association, in the ordinary course of business, all of a specific type of consumer debt owned by the other bank, credit union, or savings and loan association except for consumer debt that had been charged off; or
- (vii) An attorney, a licensed debt collection agency, a property manager, or any other person that collects or attempts to collect consumer debt in an action under § 8-401 of the Real Property Article on behalf of an original creditor that is a residential rental property owner.
- (j) “Debtor” means an individual who owes or is alleged to owe a consumer debt.
(k)
- (1) “Principal” means the unpaid balance of a debt or an obligation arising from a consumer transaction that is owed or alleged to be owed to the original creditor.
- (2) “Principal” does not include interest, fees, or charges added to the debt or obligation by the original creditor or any subsequent owners of a consumer debt.
Added by Acts 2016, c. 579, § 1, eff. Oct. 1, 2016. Amended by Acts 2025, c. 693, § 1, eff. Oct. 1, 2025; Acts 2025, c. 694, § 1, eff. Oct. 1, 2025.