Md. Code Regs. 09.08.01.09 - Advertising
A. General
Requirements.
(1) A licensed home improvement
contractor may not solicit home improvement business by way of advertisement in
a newspaper, magazine, circular, or printed document, or by way of television
or radio announcement, unless the name and license number of the contractor are
stated in the advertisement .
(2) A
licensee may not directly or indirectly publish any advertisement relating to
home improvements, including finance or credit terms, that contains an
assertion, representation, or statement of fact that is false, deceptive, or
misleading.
(3) General statements,
such as "Factory to You", "Direct to You", "Buy from the Manufacturer", "Save
the Middleman's Profit", or phrases of similar meaning may not be used unless
the advertiser is actually the maker or producer of the merchandise advertised
or offered for sale.
B.
Discount Coupons. An advertisement which offers a discount coupon may not
contain a requirement that the coupon be presented before the contractor
provides an estimate or proposal.
C. Guaranties or Warranties.
(1) If reference is made to a guaranty or
warranty, or the word "guarantied" or "warranted" is used, the terms,
conditions, limitations, and period of time covered shall be clearly and
conspicuously disclosed. The terms shall indicate whether items such as "labor
and material only", "repair", "replacement", or "full refund" are offered.
Basic limitations shall be disclosed in the advertisement .
(2) With respect to any guaranty offered by a
licensee , compliance with the Maryland Consumer Products Guaranty Act,
Commercial Law Article, §
14-401
-14-409, Annotated Code of Maryland, shall constitute prima facie evidence that
a licensee has complied with §A(2) of this regulation. The Maryland Home
Improvement Commission shall provide a copy of the Consumer Products Guaranty
Act to any licensee within 5 days after receipt of a written request.
D. Special Disclosure
Requirements.
(1) Credit Terms and Charges.
(a) Statements and claims regarding
installment buying plans, finance, credit service, and carrying or service
charges, including references to down payments, amounts, and frequency of
payments, shall be accurate and clearly understandable, made in good faith, and
in compliance with all other statutes or regulations regulating installment
contracts.
(b) If a repayment price
is offered, it shall be stated in specific amounts. The number of payments
shall be stated, and the combination of amounts and number of payments
advertised shall be readily available.
(2) Prices.
(a) If a price is stated in an advertisement
which does not include all costs of items necessary for the proper function and
appearance of the installed product, this shall be clearly and conspicuously
qualified in conjunction with the stated price by an explanatory
statement.
(b) When the price or
specific credit terms are stated in an advertisement , the advertisement shall
accurately describe what is being offered at that price or on those terms. Any
limitations to, or conditions on, what will be supplied at the stated price or
credit terms shall be clearly and conspicuously stated in immediate conjunction
with the featured statement.
(c) If
the price advertised does not include all of the accessories which either
appear in the advertisement , or which are necessary to affect proper
installation and proper use of the item, the advertisement shall state that
fact clearly and prominently in immediate conjunction with the advertised
price. Extra charges may not be used as a device to disguise the actual selling
price of merchandise.
(3) Delivery Charges. If an extra charge is
required to make delivery of an advertised home improvement item, it shall be
clearly and conspicuously stated in the advertisement .
(4) Installation Charge. If installation is
extra, the advertising shall disclose the fact clearly and conspicuously in
immediate conjunction with the advertisement . For example:
(a) Installation Extra;
(b) Plus Installation;
(c) Installation at Extra Cost.
(5) Offer Not Valid in Maryland. A
statement that an offer in an advertisement is not valid in Maryland shall be
conspicuously displayed in the advertisement .
Notes
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