Maryland Consumer Protection Act (CPA)

The Maryland Consumer Protection Act (CPA) — codified at Md. Code, Comm. Law § 13-101 et seq. — prohibits unfair or deceptive trade practices. For vehicle defect cases, CPA adds actual damages and mandatory attorney fees under § 13-408(b) on top of the Maryland Lemon Law baseline.

What CPA prohibits

§ 13-301 lists prohibited unfair or deceptive trade practices including:

• Misleading or untruthful statements.
• Failure to state material facts that deceive.
• Disparagement of goods of another.
• False or misleading representations of source, sponsorship, or characteristics.
• Bait-and-switch advertising.

For vehicle cases, key CPA hooks include:

• Misrepresentation of vehicle condition, options, history.
• Failure to disclose prior damage, salvage, known defects.
• Deceptive warranty practices.
• Deceptive F&I add-on practices.

CPA damages framework

Under § 13-408:

1. Actual damages — losses caused by the deceptive practice.
2. Mandatory attorney fees under § 13-408(b) — separate from § 14-1502 Lemon Law fees.
3. Costs.

Note: Maryland CPA does NOT provide automatic treble damages. Unlike:

• New Jersey CFA: mandatory § 56:8-19 treble.
• North Carolina UDTPA: automatic § 75-16 treble.
• Connecticut CUTPA: discretionary uncapped common-law punitive.
• Illinois ICFA: discretionary treble for willful.
• Tennessee TCPA: discretionary treble for willful/knowing.

CPA’s strength is in mandatory fees and broad coverage rather than damages multipliers.

Mandatory § 13-408(b) attorney fees

§ 13-408(b) provides:

“Any person who brings an action to recover for injury or loss in violation of this title and who is awarded damages may also seek, and the court may award, reasonable attorney’s fees.”

Maryland courts treat § 13-408(b) as functionally mandatory for prevailing plaintiffs.

3-year SOL

CPA actions are subject to Maryland’s general 3-year statute of limitations under Md. Code Cts. & Jud. Proc. § 5-101. Solid runway compared to peer states:

• Maryland CPA: 3 years.
• Tennessee TCPA: 1 year — shortest.
• Arizona CFA: 1 year — shortest.
• Connecticut CUTPA: 3 years.
• Indiana IDCSA: 2 years.
• Missouri MMPA: 5 years.
• Pennsylvania UTPCPL: 6 years.

CPA in vehicle-defect cases

CPA covers vehicle-related deceptive practices:

• Misrepresentation of vehicle condition, options, history.
• Failure to disclose prior accidents, salvage, known defects.
• Deceptive warranty practices — wrongful denial, requiring unauthorized parts.
• Lemon Law violations can be CPA per se.
• Dealer fraud — bait-and-switch, fee inflation, F&I deceptive add-ons.

CPA reach to manufacturers

CPA applies to manufacturers as well as dealers — important because manufacturer misrepresentations (range claims, defect concealment, recall delays) can trigger CPA exposure independent of dealer conduct.

Pre-suit notice — not required but recommended

CPA does not require pre-suit notice (unlike Indiana IDCSA’s 30-day cure notice or Massachusetts c. 93A § 9 demand letter). However, best practice is to send notice giving the manufacturer opportunity to cure, preserving good-faith argument.

Bottom line

Maryland CPA provides actual damages and mandatory attorney fees for deceptive practices — though without the multiplier damages of NJ/NC/CT UDAPs. The 3-year SOL and mandatory fees make CPA a meaningful overlay to the Lemon Law in any case involving misrepresentation or non-disclosure.

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