§ 12-413.1
502 words·~2 min read·
/md/financial-institutions/12-413-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§12–413.1.
(1)In this section the following words have the meanings indicated.
(2)“Agent” includes an authorized delegate, a subagent, and a subdelegate of a licensee.
(3)“Elder adult” has the meaning stated in § 1–306 of this article.
(4)“Financial abuse” has the meaning stated in § 1–306 of this article.
(5)“Financial exploitation” has the meaning stated in § 1–306 of this article.
(b)This section does not apply to a licensee or an agent that:
(1)Engages in the business of money transmission solely through the Internet; or
(i)Engages in:
1. Selling or issuing stored value devices, traveler’s checks, or money orders, or providing bill payer services; or
2. Any combination of selling or issuing stored value devices, traveler’s checks, or money orders, or providing bill payer services; and
(ii)Does not engage in any other business regulated under this subtitle.
(c)On or before April 1 of each year, a licensee shall provide to each agent, through which it engages in the business of money transmission, training materials on how to:
(1)Recognize financial abuse and financial exploitation of an elder adult; and
(2)Respond appropriately if the agent suspects that the agent is being asked to engage in the business of money transmission for a fraudulent transaction in which an elder adult is the victim of financial abuse or financial exploitation.
(d)A licensee shall provide the training materials required under subsection
(c)of this section to each newly appointed agent within 1 month after appointment of the agent.
(1)A licensee shall include a clear, concise, and conspicuous fraud warning on all transmittal forms used by an individual to send money to another individual.
(2)The fraud warning shall include a toll–free telephone number for individuals to call to report fraud or suspected fraud.
(3)A licensee shall monitor the activities of its agents relating to transmittals by individuals.
(i)A licensee shall allow an individual to voluntarily be disqualified from sending money transmissions from or receiving money transmissions in the State.
(ii)A licensee may require an individual to provide written notice of the individual’s disqualification to the licensee at the address on the licensee’s license.
(iii)Unless extended under paragraph
(2)of this subsection or terminated under paragraph
(3)of this subsection, a disqualification is effective until January 1 of the year following the year in which notice of the individual’s disqualification is given to the licensee.
(i)Before a disqualification becomes ineffective, an individual may extend the disqualification by giving written notice of the extension to the licensee at the address on the licensee’s license.
(ii)An extension of a disqualification under subparagraph
(i)of this paragraph is effective until January 1 of the year following the year in which notice of the extension is given to the licensee.
(3)An individual may terminate a disqualification at any time by giving written notice of the termination to the licensee at the address on the licensee’s license.