(a) Subject to the provisions of this subtitle, a person may recover compensation from the Fund for an actual pre–need trust fund loss that occurred on or after January 1, 2010, and is based on an act or omission as described in subsection (b) of this section.
(b) A claim for the loss shall:
(1) Be based on an act or omission that occurs in the provision of funeral pre–need services by:
(i) A licensed mortician;
(ii) A licensed funeral director;
(iii) A licensed apprentice mortician;
(iv) A licensed apprentice funeral director; or
(v) An unlicensed employee of a licensed funeral establishment;
(2) Involve a transaction that relates to pre–need funeral planning that occurred in the State; and
(3) Be based on an act or omission:
(i) In which pre–need money is obtained from a person by theft, embezzlement, false pretenses, or forgery; or
(ii) That constitutes fraud or misrepresentation.
(c) The amount recovered for any claim against the Fund:
(1) May not exceed the actual monetary loss suffered; and
(2) May not include noneconomic, consequential, or punitive damages.
(d) A funeral establishment shall include in each sales contract that is provided by the funeral establishment a written notice to the buyer that the buyer may file a claim with the Fund.