ENFORCEMENT

The Office of Consumer Affairs was created by Section 17.400 of the Howard County Code in 1976 and was approved by referendum of the voters in November of that year. Section 17.400 and the subsequent subsections of that title provide the Office with some of the powers which it possesses to perform investigations, license certain business activity and bring enforcement actions. Other sections which will be discussed are 17.500-506 “New Home Contract of Sale,” Sec. 17.600-612 “Motor Vehicle Towing From Private Property,” and Section 14.700 “Solicitors and Peddlers.”

In addition to the above the Office has certain functions which include being the investigative agent but not the enforcement agent in Sec. 16.501(c) “Mobile Home Development” and is the reviewing authority for Sec. 13.600-603 “Lease Extensions - Conversion of Rental Housing to A Condominium Regime”.

The following is a compendium of the Offices’ areas of investigation and enforcement powers.

Section 17.400-413 “Consumer Protection”

This is what is called a mini-UDAP statute. It is designed after the Federal Trade Commission’s “Unfair and Deceptive Trade Practices Act” and provides the Office with most of its powers. This act requires that a pattern of deception be proven or that a practice be proven to be deceptive and is being used by a business in an ongoing manner.

There are 27 itemized violations which have been determined are “unfair or deceptive to consumers.” It is these 27 which provided the basis for any action taken by the Office.

It also defines the remedies which are available. These include injunctive relief, monetary relief and fines. In addition the Office has available to it a civil citation which is the civil equivalent of a parking ticket.

Finally, in the County statute there is a power which is called a “private right.” In normal circumstances this would allow any citizen to use this statute in a law suit which they brought against a County business regarding a practice which they considered unfair or deceptive. This part of the statute has been compromised by a ruling in court case and so should not be used in an action brought in Howard County. The State of Maryland Consumer Protection Statute contains a “private right” and it is that statute which you should choose for this purpose.

Section 17.500-506 “Home Contract of Sale”

This subsection establishes that a new home buyer has the right to a pre-settlement inspection of their new home not less than 14 hours or more than 72 hours from the date of actual settlement. It also states that they have a right to bring an agent with them. This agent can be a professional inspector and this inspection cannot be waived by contract.

That sellers of any home in Howard County shall provide buyers with notice that the property may be affected by roadway capital improvements and land use..., that such plans are available at the Department of Planning and Zoning.

Each contract has to have a clearly identified provision informing the purchaser of the above and that the prospective purchaser sign an addendum which says that they were notified and that they understand they need to go and check the plans at DPZ.

This addendum is important to both parties. The statute provides that:

“If notice of the availability of the general plan maps and generalized zoning map is provided to the buyer at the time of or within two days of entering into the contract of sale, then, not later than 11:59 p.m. on the second county government business day immediately following the date of the buyer’s acknowledgment of availability of the maps as required by this section the buyer shall have the right, upon written notice to the seller to rescind the contract of sale and to receive the return of all deposit money paid.”

In addition, the contract should also include a notice to the buyer that no oral representations are enforceable unless they are than written down and signed by yourself and the seller.

Sec. 17.600-612 “Motor Vehicle Towing From Private Property”

This statute establishes that tow companies which tow vehicles from private property without the owner’s permission need to obtain a license from the Office of Consumer Affairs. The cost of the license is $150.00 a year.

In addition the statute establishes that:

• There will be a fee schedule for towing and storage approved by the County Council which they must abide by.
• That property owners must provide notice that unauthorized vehicles will be towed.
• That vehicles towed must be called into the Office of Consumer Affairs within 24 hours of towing.
• That the vehicle owner of a properly registered vehicle will be notified of their right to a hearing.
• That vehicle owners have a right to use the law in any suit they bring against the property owner or the tow company.
• For violations the Office may suspend or revoke a license or issue a fine to the licensee.

Section 14.700-710 “Solicitors and Peddlers”

This statute requires that ... “no person shall engage in soliciting and peddling in the county unless that person has obtained an identification card from the administrator”.

Both Soliciting and Peddling are defined as “moving about the county by foot or vehicle of any kind, from place to place, house to house, door to door, or upon any street or highway, for the purpose of...

Peddling is ... “selling and simultaneously delivering at retail any goods, wares, merchandise, services or foodstuffs of any kind.”

• “Attempting to obtain orders for the sale and future delivery of any goods...
• “Attempting to obtain subscriptions to books, magazines, or newspapers not published in the county, state or District of Columbia, and every other kind of printed matter.
• “Attempting to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project.”

Fee

• $100.00 per year, the year begins on July 1st and runs to June 30th.
• “Code of Ethics” - $50.00 per card per year.
• The fee is not pro-rated during the year.
• Checks and money orders should be made out to “Director of Finance”.
• Once an application is approved the fee is non refundable.
• Please do not send cash through the mail.
• Applications may be downloaded and submitted along with the fee by mail to: Office of Consumer Affairs
• 6751 Columbia Gateway Drive
• Columbia, MD 21046

Foodstuffs

Peddlers selling food must have the vehicle, cart, or trailer inspected by the Howard County Department of Environmental Health prior to the issuance of a peddlers permit. That inspection is done by appointment, to set up an appointment call 410-313-1772. That office is open Monday thru Friday, 8:00 a.m. to 5:00 p.m.

Hours of Operation

Foodstuffs	7:00 a.m. - 10:00 p.m.
All Others	9:00 a.m. - 8:00 p.m.

Exceptions

• Farmers selling produce which they themselves have grown.
• Any person on the premises at the invitation of the owner.
• Any business to business transaction.
• Any charitable or nonprofit association which registers annually with the administrator.
• Insurance brokers with valid insurance licenses including trainees.
• Real estate brokers and agents with valid real estate licenses and their trainees.
• Politicians, voter registrars, and individuals working on ballot questions.
• Organizations who have qualified under the “Code of Ethics” exception.

Code of Ethics Filing

This is available to both solicitor and peddlers who:

Subscribe to or are bound by a policy statement, code or regulation established wither by the company, firm, corporation or partnership individually or by a recognized trade association of which the applicant company, firm, corporation or partnership is a member in good standing and which policy statement, code or regulation:

• Requires that the offer of products or services for sale shall be truthful and accurate as to price, grade, quantity, make, value, performance, currency of model and availability;
• Requires that the terms of any guarantee offered by the solicitor or peddler in connection with the sale shall be furnished to the buyer in writing and shall clearly state the nature and extent of such guarantee;
• Prohibits the initiation or continuation of any deceptive or any unlawful trade practices;
• Have established a procedure for processing consumer complaints within a reasonable time and providing consumer redress, if it is determined that the consumer was aggrieved by a violation of the policy statement, code or regulation or an unlawful trade practice, and are in compliance with all orders directives, stipulations and agreements between them and the Howard County Office of Consumer Affairs.

If the company fulfills the above qualifications, then the Administrator shall issue a block of number ID cards to the organization.

The organization shall maintain a control list of whom they give the cards to; if that person leaves, it is the corporation’s responsibility to collect the card prior to the person leaving and provide the Administrator with the information on the new holder of the card.

If the organization stops doing the business for which the cards were issued, it is the organization’s duty to return the block of cards to the Administrator.

Penalty

The penalty for failure to obtain or carry the peddlers ID on your person is both a civil penalty and a Criminal Misdemeanor.

This means that the Office of Consumer Affairs may issue a civil citation for a class D Offense which carries a $100.00 fine, or

A Howard County Police Officer may issue a criminal citation which carries between a $50 to $500 fine, or

They may arrest the offender on a Criminal misdemeanor, which, if convicted, the offender may be sentenced up to 30 days.