Title 25, Professions And Occupations

[§468M-13] Injunctions. In any civil proceeding brought pursuant to this chapter, the court may also enjoin any activity that violates this chapter. [L 1992, c 231, pt of §2, §§3, 6; am L 1995, c 174, §§1, 2; am L 1998, c 248, §§1, 2]

[§468M-14] Consumer right of action. Any person who suffers damage as a result of a violation of this chapter shall be entitled to injunctive relief restraining further violations, and may sue to recover damages in any circuit court of the State, and, if successful, shall recover…

[§468M-15] Remedies cumulative. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to remedies or penalties available under other laws of this State. [L 1992, c 231, pt of §2, §§3, 6; am L 1995, c 174, §§1, 2; …

[§468M-16] Criminal penalties. A person commits the criminal offense of theft if the person, being an activity desk or an agent, employee, or independent contractor of an activity desk, knowingly or intentionally violates section 468M-9(a), (b) or (c) of this chapter. [L 1992, c …

§468M-17 Rules. Subject to chapter 91, the director may adopt such rules as the director deems necessary for the effective administration and enforcement of this chapter. [L 1992, c 231, pt of §2, §§3, 6; am L 1995, c 174, §§1, 2; am L 1998, c 248, §§1, 2; am L 1999, c 18, §14]

[§468M-2] Registration required. (a) Activity desks shall register with the director prior to engaging in the business of selling, contracting for, arranging, or advertising that it can or will arrange, activities which are furnished by an activity provider. Notwithstanding secti…

[§468M-2.5] Activity desk principal; responsibilities. (a) Each activity desk shall designate a principal who shall have direct management and supervision of the activity desk, including but not limited to compliance with sections 468M-9 and 468M-10. (b) The activity desk shall d…

§468M-3 Prohibited acts. No activity desk shall engage in any of the following practices:

[§468M-4] Payment provision. Unless the express written contract has a provision to the contrary, payment shall be due and payable thirty days from the date of invoice. [L 1990, c 214, pt of §1, §2; ree L 1991, c 240, pt of §1, §§2, 4; ren and am L 1992, c 231, pt of §2, §§3, 6; …

[§468M-5] Legal rate; computation. Except as otherwise permitted by existing written contract, any activity desk that directly or indirectly receives any interest on the payment due to the activity provider, shall remit the interest and the payment due to the activity provider; p…

[§468M-6] Injunctive relief; suits. (a) Any activity provider may bring suit to enjoin any violation of this chapter and may sue in the circuit court in the circuit in which the defendant resides or has an agent or in which the violation has occurred. (b) Any activity providers a…

[§468M-7] Action for damages. Any activity desk shall be liable to the activity provider for a violation of this chapter for any damages which result from a violation. Damages shall be awarded at the rate of no less than $1,000 for each violation. Violations shall be calculated a…

[§468M-8] Requirements for offering discounts. When a discount offered for any activity is contingent upon any requirement that the recipient of the discount first attend a sales presentation of any kind, the activity desk shall disclose the requirement in writing to the recipien…

§468M-9 Client trust accounts; maintenance of and withdrawal from accounts. (a) Within three business days of receipt, an activity desk shall deposit all sums received from a consumer for excursions or activities offered by the activity desk in a trust account maintained in a fed…

[§468M-9.5] Record keeping requirements for client trust accounts. (a) An activity desk shall maintain all books and records necessary to comply with this chapter and any rules adopted pursuant to this chapter and shall make all records relating to client trust accounts available…