Maryland regulator issues guidance for non-depository institutions on CARES Act relief payments

State Issues Covid-19 Maryland CARES Act Debt Collection

On April 30, the Maryland commissioner of financial regulation issued guidance for non-depository financial services providers in light of the April 29 executive order prohibiting garnishment or setoff of CARES Act recovery rebates. The guidance notes that all entities licensed by the commissioner must comply with the executive order, and that if an institution inadvertently receives proceeds of a CARES Act recovery rebate, it should try to permit those funds to be used by the intended recipient. Finally, the guidance notes that institutions found to be willfully or negligently violating the executive order may be subject to regulatory action. Any entity that seeks to engage in collection efforts against CARES Act rebate payments would be in violation of the Maryland Debt Collection Practices Act.