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What is the Office of Consumer Protection?

The Office of Consumer Protection (OCP) is a Montgomery County Government agency created by the County Council in 1971. OCP is responsible for enforcing consumer protection laws under Chapter 11 of the County code which prohibit unfair and deceptive business acts to ensure a fair marketplace for consumers and businesses.

Vision

Ensure a fair marketplace for consumers and businesses.

Mission

Protection is to enforce consumer protection laws prohibiting unfair and deceptive business acts or practices to ensure a fair marketplace for consumers and businesses.

Activities include complaint resolution. Business registration, law enforcement, education, legislation, advocacy, and outreach to vulnerable consumers.

What we do:

• Enforce Laws: OCP can investigate businesses that engage in unfair practices and has the power to issue subpoenas and conduct investigative conferences if needed. If OCP determines that a merchant has acted deceptively or unfairly, the Office can issue Civil Citations and may seek a $500 civil fine and an Order for Abatement to make things right for the affected consumer. In some cases, OCP can ask the merchant to sign a cease-and-desist agreement, which would require them to stop the illegal practice and potentially provide restitution to consumers, pay civil penalties, and cover investigative costs.

  If necessary, OCP can ask the County Attorney to file a complaint on behalf of the County to take legal action against a merchant. If the complaint is accepted, the County can sue the merchant for civil penalties, restitution, injunctions to stop the illegal activity, and any other relief that the court deems appropriate.

• Investigate Complaints and Resolve Disputes: OCP has the power to investigate complaints related to consumer transactions that happen in Montgomery County, no matter where you or the merchant are located. The important thing is where the transaction took place. The Office's job is to find out the facts related to the complaint, check if any laws have been broken, and try to come to an agreement between the merchant and consumer. OCP can't give legal advice or act as a lawyer for a consumer, and the Office can't force the merchant to resolve the issue. If a voluntary agreement can't be reached, OCP can suggest other options to the consumer.

• Register and License Businesses: OCP registers

  • New Home Builders and Sellers,
  • Radio, TV, and Appliance Installation & Repair firms,
  • Commercial Parking Lots,
  • Auto Repair and Towing firms, and
  • Secondhand Personal Property Dealers.

• Educate Consumers and Businesses: OCP strives to ensure that both consumers and merchants are aware of the Office’s functions and powers, and to that end, OCP provides a wide range of resources. OCP produces publications, offers speakers for community groups, publicizes enforcement actions, and has staff available to answer telephone and email inquiries. The distribution of public information is a crucial OCP function, as it serves to empower consumers to safeguard themselves and enables merchants to stay informed about their legal obligations. By promoting awareness and understanding of consumer protection laws, OCP works to foster an environment of trust and fairness between consumers and merchants.

• Mediate Conflicts: When appropriate, OCP can refer a complaint or dispute for free formal mediation administered by experienced professional mediators.

• Extras: OCP also administers the County's Domestic Worker Law and provides the Patient Advocate service under the Emergency Medical Service Insurance Reimbursement Program.