(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.
(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.
(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.
