What is the Maryland Consumer Protection Act?
If you need to know “What is the Maryland Consumer Protection Act” you may have been the victim of an unfair, abusive or deceptive trade practice in Maryland. The Maryland Consumer Protection Act (“MCPA”) is a powerful law in Maryland that protects consumers in a broad variety of situations.
The MCPA states that the MCPA is “intended to provide minimum standards for the protection of consumers in the State.” The MCPA also states “The General Assembly of Maryland finds that consumer protection is one of the major issues which confront all levels of government, and that there has been mounting concern over the increase of deceptive practices in connection with sales of merchandise, real property, and services and the extension of credit.”
The MCPA protects consumers in situations involving:
- The sale, lease, rental, loan, or bailment of any consumer goods, consumer realty, or consumer services;
- The offer for sale, lease, rental, loan, or bailment of consumer goods, consumer realty, or consumer services;
- The offer for sale of course credit or other educational services;
- The extension of consumer credit;
- The collection of consumer debts; or
- The purchase or offer for purchase of consumer goods or consumer realty from a consumer by a merchant whose business includes paying off consumer debt in connection with the purchase of any consumer goods or consumer realty from a consumer.
The Consumer Rights attorneys at Whitney, LLP have experienced bringing claims and recovering compensation and attorney’s fees under the MCPA.
We offer Legal Consultations in Maryland Consumer Protection Act claims.
Here is our YouTube Channel for our videos on a variety of claims involving the MCPA.
What is the Maryland Consumer Protection Act ?
The Maryland Consumer Protection Act (MCPA) is a law that protects consumers from unfair and deceptive business practices. It allows individuals who have been harmed by such practices to take legal action and recover damages and attorney’s fees.
The MCPA was created by the Maryland legislature. Both the legislature and Maryland courts have construed the MCPA to have a broad and liberal application and interpretation. This means that the MCPA can be applied to an infinite number of situations in which consumers find themselves taken advantage of.
The Consumer Rights attorneys of Whitney, LLP have experience applying the MCPA to a variety of situation, including in cases involving car dealers, lenders, financial institutions, real estate transactions, apartments, Cash App, money transfers and more.
Who can be Held Liable under the MCPA?
The MCPA applies to both individuals and businesses, so claims can be brought against either type of defendant.
In a variety of different cases, the consumer rights attorneys at Whitney, LLP have filed lawsuits against both a business and its owner, personally, alleging they both violated the MCPA. We have also brought MCPA claims directly against an individual.
Recovering Attorney’s Fees under the MCPA?
One important feature of the MCPA is that it allows for the recovery of attorney’s fees, which means that if a consumer wins a case under the MCPA, they may be able to have their legal expenses recovered from and paid for by the person or business they sued.
Whitney, LLP has recovered attorney’s fees in many cases brought under the MCPA.
What are Deceptive Trade Practices under the MCPA?
The MCPA defines several types of deceptive trade practices, including:
- False or misleading advertising (e.g. making false claims about a product’s effectiveness or safety)
- Bait and switch tactics (e.g. advertising a low price for a product to get customers into the store, then pressuring them to buy a more expensive product)
- Failure to disclose important information (e.g. failing to disclose additional fees or charges when selling a product or service)
- Deceptive pricing (e.g. claiming a product is on sale when it’s actually not or when the regular price is artificially inflated)
- Unfair sales practices (e.g. using high-pressure tactics to sell a product, such as offering a limited-time only deal)
The MCPA Does Not Apply To Every Consumer Transaction
The Maryland Consumer Protection Act does not apply to every type of consumer transaction or business practice. Some areas where the MCPA may not apply include:
- Financial transactions involving stocks, bonds, or other securities
- Disputes between individuals or businesses that do not involve consumer transactions, such as employment or contract disputes
- Certain industries such as real estate or insurance, which are subject to their own specific regulations and oversight.
It is important to note that the MCPA does not cover all consumer transactions or business practices. To determine whether the MCPA applies to a particular situation, it is best to consult with an experienced attorney who can provide guidance on the specific provisions of the law and how they may apply to your case.
Whitney, LLP – Legal Representation for MCPA Claims
If after learning about “What is the Maryland Consumer Protection Act” you are considering taking legal action under the MCPA, you should consider working with an experienced attorney who handles these types of claims.
Whitney, LLP in Towson, Maryland can provide representation for MCPA claims across Maryland, helping consumers recover damages for unfair and deceptive practices.
Of course, all cases are different and past results do not guarantee future outcomes.