Legal Definitions - Maryland

Maryland's Consumer Protection and Computer Crime Laws refer to a comprehensive set of statutes enacted by the state of Maryland designed to protect its residents from various deceptive business practices, unwanted solicitations, and illegal activities involving computers.

These laws cover several key areas:

• Commercial Email and Spam: Regulations governing the sending of commercial emails, including requirements for clear identification of the sender, accurate subject lines, and accessible opt-out mechanisms to prevent unsolicited messages.
• Telemarketing and Telephonic Anti-Solicitation: Rules for businesses engaging in telemarketing, such as restrictions on automated calls (robocalls), requirements for maintaining "do not call" lists, and prohibitions against making calls outside of specified hours.
• Fax Anti-Solicitation: Prohibitions against sending unsolicited advertisements or promotional materials via fax machines.
• Unlawful Trade Practices: Broad protections against unfair, deceptive, or misleading acts or practices by businesses in the course of selling or leasing goods or services to consumers.
• Computer-Related Crime: Statutes that criminalize various offenses involving computers, such as unauthorized access to computer systems, data theft, computer hacking, and the disruption of computer services.

Here are some examples illustrating how these laws apply:

• Example 1: Unwanted Solicitations

  A Maryland resident repeatedly receives automated phone calls (robocalls) from a company promoting a credit repair service, even though they have registered their phone number on the national Do Not Call Registry. Additionally, their email inbox is constantly flooded with unsolicited commercial emails from the same company, none of which provide a clear way to unsubscribe.

  How it illustrates the term: This scenario directly implicates Maryland's laws concerning telemarketing and telephonic anti-solicitation due to the robocalls to a registered number, and commercial email and spam because of the unsolicited emails lacking proper opt-out features.

• Example 2: Deceptive Advertising

  A furniture store in Annapolis advertises a "going out of business" sale with discounts of up to 70% off. However, a consumer discovers that only a few low-value items are significantly discounted, while most popular items are marked down by only 5-10%, and some prices have even been inflated before the "discount." The store has also been running similar "going out of business" sales for over a year.

  How it illustrates the term: This situation falls under Maryland's laws against unlawful trade practices. The deceptive advertising, misleading discount claims, and prolonged "going out of business" status could be considered unfair or misleading acts designed to trick consumers into making purchases.

• Example 3: Data Breach

  An individual in Baltimore uses specialized software to gain unauthorized access to the computer network of a local medical clinic. They then download sensitive patient records, including names, addresses, and medical histories, with the intention of selling this information on the dark web.

  How it illustrates the term: This act constitutes a computer-related crime under Maryland law. Gaining unauthorized access to a computer system and stealing confidential data are serious offenses that these statutes are designed to prevent and punish.