(a) Subject to the provisions of this subtitle, a person may recover compensation from the Fund for an actual pre-need trust fund loss that occurred on or after January 1, 2010, and is based on an act or omission as described in subsection (b) of this section.
(b) A claim for the loss shall:
(1) Be based on an act or omission that occurs in the provision of funeral pre-need services by:
(i) A licensed mortician;
(ii) A licensed funeral director;
(iii) A licensed apprentice mortician;
(iv) A licensed apprentice funeral director; or
(v) An unlicensed employee of a licensed funeral establishment;
(2) Involve a transaction that relates to pre-need funeral planning that occurred in the State; and
(3) Be based on an act or omission:
(i) In which pre-need money is obtained from a person by theft, embezzlement, false pretenses, or forgery; or
(ii) That constitutes fraud or misrepresentation.
(c) The amount recovered for any claim against the Fund:
(1) May not exceed the actual monetary loss suffered; and
(2) May not include noneconomic, consequential, or punitive damages.
(d) A funeral establishment shall include in each sales contract that is provided by the funeral establishment a written notice to the buyer that the buyer may file a claim with the Fund.