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Session Laws, 1974
Volume 713, Page 2454   View pdf image
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2454                                                LAWS OF MARYLAND                         [Ch. 717

(1969 Replacement Volume and 1973 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 153J be and it is hereby added
to Article 83 — Sales and Notices, of the Annotated Code
of Maryland (1969 Replacement Volume and 1973 Supplement)
to read as follows:

Article 83 — Sales and Notices
153J.

(A)    FOR THE PURPOSES OF THIS SECTION A "BILLING
ERROR" MEANS THE INITIAL OCCURRENCE OF AN ERROR BY
OMISSION OR COMMISSION BY THE SELLER OR HOLDER OF A
RETAIL CREDIT ACCOUNT IN A BILLING STATEMENT GIVEN TO THE
BUYER BY THE SELLER OR HOLDER IN POSTING ANY DEBIT OR
CREDIT OR BY THE COMPUTATION OF ANY AMOUNT OR ANY SIMILAR
ERROR OF AN ACCOUNTING NATURE. FOR THE PURPOSES OF THIS
SECTION "STATUS INQUIRY" MEANS AN INQUIRY BY A BUYER AS
TO THE STATUS OF THE BUYER'S ACCOUNT OTHER THAN WHEN A
BILLING ERROR IS ASSERTED.

(B)    UPON RECEIPT OF A BILLING STATEMENT FROM A
SELLER OR A HOLDER OF A RETAIL CREDIT ACCOUNT, A BUYER,
IF HE BELIEVES THE BILLING IS IN ERROR, MAY INQUIRE AS TO
THE COMPUTATION OF THE STATEMENT. FOR ANY STATUS INQUIRY
WHERE A BILLING ERROR IS NOT ASSERTED, THE PROVISIONS OF
SECTION 153C(G) OF ARTICLE 83 SHALL APPLY. AN INQUIRY BY
THE BUYER SHALL [[BE]]:

[[ (1) MADE WITHIN THIRTY (30) DAYS OF THE
MAILING OF THE BILLING STATEMENT;]]

(1) BE MADE WITHIN 60 DAYS OF RECEIPT OF THE
BILLING STATEMENT WHICH CONTAINS THE CLAIMED ERROR;

(2)  BE IN WRITING AND SENT TO THE SELLER OR
HOLDER BY [[REGISTERED OR CERTIFIED]] MAIL[[, RETURN
RECEIPT REQUESTED,]] AT THE ADDRESS DESIGNATED THEREFOR
ON THE STATEMENT AS REQUIRED BY THIS SUBTITLE;

(3)    SET FORTH SUFFICIENT INFORMATION TO
ENABLE THE SELLER OR HOLDER OF A RETAIL CREDIT ACCOUNT TO
IDENTIFY THE BUYER AND THE ACCOUNT, THE AMOUNT AND
TRANSACTION SHOWN IN THE BILLING STATEMENT WHICH THE
BUYER IN GOOD FAITH BELIEVES TO BE A BILLING ERROR, AND
THE FACTS PROVIDING THE BASIS FOR THE BUYER'S BELIEF THAT
THE BILLING STATEMENT IS IN ERROR.

(C)    UPON RECEIPT OF [[SUCH]] THE INQUIRY, THE
SELLER OR HOLDER OF THE RETAIL CREDIT ACCOUNT SHALL:

 

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Session Laws, 1974
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