Maine Revised Statutes Title 10: commerce and trade table of Contents Part general provisions 8
§1310-A. ADMINISTRATIVE ENFORCEMENT
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| §1310-A. ADMINISTRATIVE ENFORCEMENT
1. Authority. The administrator, within the limits provided by law, may: A. Receive and act on complaints, take action designed to obtain voluntary compliance with this chapter, refer complaints to the Department of Professional and Financial Regulation, Bureau of Financial Institutions pursuant to subsection 9 or refer cases to the Attorney General, who shall appear for and represent the administrator in court; [2013, c. 228, §1 (NEW).] B. Counsel groups and persons on their rights and duties under this chapter; [2013, c. 228, §1 (NEW).] C. Establish programs for the education of consumers with respect to the provisions of this chapter; [2013, c. 228, §1 (NEW).] D. Make studies appropriate to effectuate the purposes and policies of this chapter and make the results available to the public; [2013, c. 228, §1 (NEW).] E. Issue advisory rulings designed to clarify the applicability of any statutory provision of this chapter necessary or proper to effectuate its purposes; [2013, c. 228, §1 (NEW).] F. Maintain a public file of all enforcement proceedings instituted and of their disposition, including all assurances of voluntary compliance accepted and their terms and the pleadings and briefs in all actions in which the administrator is a party; and [2013, c. 228, §1 (NEW).] G. Request registration and annual reregistration of consumer reporting agencies located in this State or serving users within this State and set an annual registration fee not to exceed $100, the aggregate of which must be used by the administrator to enforce this chapter. [2013, c. 228, §1 (NEW).] [ 2013, c. 228, §1 (NEW) .]
A. The administrator may annually investigate any person whom the administrator believes has engaged in conduct governed by this chapter, except that the administrator may, at any time, investigate any person the administrator believes to be a consumer reporting agency. If the administrator has reasonable cause to believe that any person has violated this chapter, the administrator may investigate that person at any time. During any investigation, the administrator may administer oaths or affirmations and, upon the administrator's own motion or upon request of any party, may subpoena witnesses, compel their attendance, adduce evidence and require the production of any matter that is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence. If the administrator finds a violation of this chapter, the administrator shall so notify all parties to the transactions involved. [2013, c. 228, §1 (NEW).] B. If the records of a person under investigation are located outside this State, the person, at the administrator's option, may either make the original records or facsimiles of the record available to the administrator at a convenient location within this State or pay the reasonable and necessary expenses for the administrator or the administrator's representative to examine them at the place where the records are maintained. The administrator may designate representatives, including comparable officials of the state in which the records are located or federal officials, to inspect the records on the administrator's behalf. [2013, c. 228, §1 (NEW).] C. The expenses of the administrator necessarily incurred in the examination of persons subject to this chapter must be chargeable to that person in the same manner and for the same expenses set forth in Title 9-A, section 6-106, subsection 6, except that users of consumer reports may not be charged examination expenses unless the administrator finds a violation of this chapter. [2013, c. 228, §1 (NEW).] [ 2013, c. 228, §1 (NEW) .]
[ 2013, c. 228, §1 (NEW) .] 4. Assurance of discontinuance. If it is claimed that a person has engaged in conduct that could be subject to any order by the administrator, the administrator shall first attempt to negotiate an assurance in writing that the person will not engage in the same or similar conduct in the future, prior to initiating an enforcement order under subsection 3. The assurance may include, but is not limited to, admissions of past specific acts by the person or that such acts violated this chapter or other statutes. A violation of an assurance of discontinuance is a violation of this chapter. [ 2013, c. 228, §1 (NEW) .] 5. Civil action. The administrator, through the Attorney General, may bring a civil action against a person to recover a civil penalty for knowingly violating this chapter or violating an assurance of discontinuance, and if the court finds that the defendant has engaged in a knowing violation of this chapter or a violation of an assurance of discontinuance, it may assess a civil penalty of not more than $5,000. If the defendant establishes by a preponderance of evidence that repeated violations were the result of a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such violation or error, a penalty may not be imposed under this subsection. [ 2013, c. 228, §1 (NEW) .]
[ 2013, c. 228, §1 (NEW) .] 7. Venue. The administrator, through the Attorney General, may bring actions or proceedings in a court in a county or division in which an act on which the action or proceeding is based occurred or in a county or division in which a respondent resides or transacts business. [ 2013, c. 228, §1 (NEW) .] 8. Bureau of Insurance. With respect to those examinations authorized by subsection 2, paragraph A, the administrator shall, where applicable, coordinate examinations for compliance with this chapter with examinations conducted by the Department of Professional and Financial Regulation, Bureau of Insurance for compliance with Title 24-A. [ 2013, c. 228, §1 (NEW) .] 9. Bureau of Financial Institutions. When a supervised financial organization as defined in Title 9-A, section 1-301, subsection 38-A is a person subject to this chapter and the Department of Professional and Financial Regulation, Bureau of Financial Institutions charters or regulates the supervised financial organization, the Bureau of Financial Institutions has exclusive authority pursuant to this chapter over the supervised financial organization. This authority is in addition to the authority of the Bureau of Financial Institutions in Title 9-B. The Attorney General has authority to enforce the provisions of this chapter for any other supervised financial organization that is a person subject to this chapter. [ 2013, c. 228, §1 (NEW) .] SECTION HISTORY 2013, c. 228, §1 (NEW). §1310-B. CRIMINAL VIOLATIONS 1. Obtaining information under false pretenses. A person who knowingly and intentionally obtains information on a consumer from a consumer reporting agency under false pretenses commits a Class D crime. [ 2013, c. 228, §1 (NEW) .] 2. Unauthorized provision of information. An officer or employee of a consumer reporting agency who knowingly and intentionally provides information concerning an individual from the agency's files to a person not authorized to receive that information commits a Class D crime. [ 2013, c. 228, §1 (NEW) .] SECTION HISTORY 2013, c. 228, §1 (NEW). §1310-C. CIVIL LIABILITY FOR WILLFUL NONCOMPLIANCE A consumer reporting agency or user of information that willfully and knowingly fails to comply with a requirement imposed under this chapter with respect to a consumer is liable to that consumer for and the court may award an amount equal to the sum of: [2013, c. 228, §1 (NEW).] 1. Actual damages. Actual damages sustained by the consumer as a result of the failure; [ 2013, c. 228, §1 (NEW) .] 2. Treble damages. An amount equal to 3 times the actual damages according to subsection 1; and [ 2013, c. 228, §1 (NEW) .] 3. Costs and attorney's fees. In the case of a successful action to enforce a liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. [ 2013, c. 228, §1 (NEW) .] SECTION HISTORY 2013, c. 228, §1 (NEW). §1310-D. CIVIL LIABILITY FOR NEGLIGENT NONCOMPLIANCE A consumer reporting agency or user of information that is negligent in failing to comply with a requirement imposed under this chapter with respect to a consumer is liable to that consumer in an amount equal to the sum of: [2013, c. 228, §1 (NEW).] 1. Actual damages. Actual damages sustained by the consumer as a result of the failure; [ 2013, c. 228, §1 (NEW) .] 2. Additional damages. Such amount of additional damages as the court may allow, but not less than $100 for each violation of this chapter involving negligence, and for each consumer report containing any item of information that was inaccurate and that contributed in whole or in part to the decision to take adverse action against the consumer; and [ 2013, c. 228, §1 (NEW) .] 3. Costs and attorney's fees. In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. [ 2013, c. 228, §1 (NEW) .] SECTION HISTORY 2013, c. 228, §1 (NEW). §1310-E. JURISDICTION OF COURTS; LIMITATION OF ACTIONS An action to enforce liability created under this chapter may be brought in any court of competent jurisdiction within 2 years from the date on which the liability arises, except that when a defendant has materially and willfully misrepresented any information required under this chapter to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this chapter, the action may be brought at any time within 2 years after the discovery by the individual of the misrepresentation. [2013, c. 228, §1 (NEW).] SECTION HISTORY 2013, c. 228, §1 (NEW). §1310-F. RELATION TO OTHER LAWS AND THE POWERS OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS This chapter does not limit the obligations of a supervised financial organization to comply with other state and federal laws to which the supervised financial organization is subject, or the authority of the Superintendent of Financial Institutions conferred by Title 9-B, including the authority to examine and supervise a supervised financial organization to ensure compliance with state and federal laws and regulations as set forth in Title 9-B, section 211, subsection 3. [2013, c. 228, §1 (NEW).] SECTION HISTORY 2013, c. 228, §1 (NEW). §1310-G. ENFORCEMENT POWERS IN ADDITION TO THOSE IN FEDERAL LAW The enforcement powers of the administrator under this chapter are in addition to the State's enforcement powers authorized under federal law. [2013, c. 228, §1 (NEW).] SECTION HISTORY 2013, c. 228, §1 (NEW). §1310-H. ADDITIONAL STATE-SPECIFIC PROVISIONS 1. Fee for disclosure. In addition to any rights to which a consumer is entitled under federal law, a consumer reporting agency may not impose a fee for a consumer report provided to a consumer upon request once during any 12-month period. For a 2nd or subsequent report provided during a 12-month period, a consumer reporting agency may charge a consumer a fee not to exceed $5. [ 2013, c. 228, §1 (NEW) .] 2. Time to reinvestigate. Notwithstanding any provision of federal law, if a consumer disputes any item of information contained in the consumer's file on the grounds that it is inaccurate and the dispute is directly conveyed to the consumer reporting agency by the consumer, the consumer reporting agency shall reinvestigate and record the current status of the information within 21 calendar days of notification of the dispute by the consumer, unless it has reasonable grounds to believe that the dispute by the consumer is frivolous. [ 2013, c. 228, §1 (NEW) .] 3. Nonliability. A person may not be held liable for any violation of this section if the person shows by a preponderance of the evidence that at the time of the alleged violation the person maintained reasonable procedures to ensure compliance with the provisions of subsections 1 and 2. [ 2013, c. 228, §1 (NEW) .] SECTION HISTORY 2013, c. 228, §1 (NEW). Chapter 210: FAIR CREDIT REPORTING ACT
SECTION HISTORY 1977, c. 514, (NEW). 2013, c. 228, §2 (RP).
SECTION HISTORY 1981, c. 610, §1 (NEW). 2013, c. 228, §2 (RP).
SECTION HISTORY 1977, c. 514, (NEW). 1977, c. 677, §§1-3 (AMD). 1979, c. 541, §B10 (AMD). 1979, c. 636, §1 (AMD). 1981, c. 501, §82 (AMD). 1981, c. 610, §§2-4 (AMD). 1995, c. 309, §§18, 19 (AMD). 1995, c. 309, §29 (AFF). 1997, c. 66, §7 (AMD). 1997, c. 155, Pt. B, §§1-4 (AMD). 1997, c. 155, Pt. B, §13 (AFF). 1999, c. 184, §10 (AMD). 2005, c. 243, §§1, 2 (AMD). 2005, c. 243, §4 (AFF). 2007, c. 273, Pt. B, §7 (AFF). 2007, c. 273, Pt. B, §6 (REV). 2007, c. 695, Pt. A, §47 (AFF). 2013, c. 228, §2 (RP).
SECTION HISTORY 1997, c. 155, §B6 (NEW). 1997, c. 155, §B13 (AFF). 2001, c. 371, §§7-11 (AMD). 2013, c. 228, §2 (RP).
SECTION HISTORY 2001, c. 371, §12 (NEW). 2013, c. 228, §2 (RP).
SECTION HISTORY 2005, c. 243, §3 (NEW). 2005, c. 243, §4 (AFF). 2013, c. 228, §2 (RP).
SECTION HISTORY 2005, c. 243, §3 (NEW). 2005, c. 243, §4 (AFF). 2013, c. 228, §2 (RP).
SECTION HISTORY 2005, c. 243, §3 (NEW). 2005, c. 243, §4 (AFF). 2013, c. 228, §2 (RP).
SECTION HISTORY 1977, c. 514, (NEW). 1977, c. 677, §4 (RPR). 1981, c. 610, §§6,7 (AMD). RR 2009, c. 2, §11 (COR). 2013, c. 228, §2 (RP).
SECTION HISTORY 1977, c. 514, (NEW). 1977, c. 677, §5 (AMD). 1979, c. 127, §59 (AMD). 2003, c. 118, §1 (AMD). 2013, c. 228, §2 (RP).
SECTION HISTORY 1977, c. 514, (NEW). 1977, c. 677, §6 (AMD). 1985, c. 140, §§1,2 (AMD). 1987, c. 306, §1 (AMD). 1991, c. 453, §1 (AMD). 1991, c. 453, §10 (AFF). 1997, c. 155, §B7 (AMD). 1997, c. 155, §B13 (AFF). 2003, c. 118, §§2,3 (AMD). 2013, c. 228, §2 (RP).
SECTION HISTORY 1977, c. 514, (NEW). 1977, c. 677, §7 (AMD). 1979, c. 127, §§60,61 (AMD). 1981, c. 610, §8 (AMD). 1987, c. 306, §2 (AMD). 1991, c. 453, §§2,3 (AMD). 1991, c. 453, §10 (AFF). 2005, c. 494, §1 (AMD). RR 2009, c. 2, §12 (COR). 2013, c. 228, §2 (RP).
SECTION HISTORY 1977, c. 514, (NEW). 1977, c. 677, §8 (AMD). 2013, c. 228, §2 (RP).
SECTION HISTORY 1977, c. 514, (NEW). 1977, c. 677, §9 (AMD). 2013, c. 228, §2 (RP).
SECTION HISTORY 1977, c. 514, (NEW). 1977, c. 677, §10 (AMD). 1981, c. 610, §§9-11 (AMD). 1985, c. 79, (AMD). 1991, c. 453, §§4,5 (AMD). 1991, c. 453, §10 (AFF). 1993, c. 365, §1 (AMD). 1993, c. 505, §1 (AMD). 1997, c. 155, §§B8,9 (AMD). 1997, c. 155, §B13 (AFF). RR 1999, c. 2, §§11,12 (COR). 1999, c. 150, §9 (AMD). 1999, c. 184, §11 (AMD). 1999, c. 510, §2 (AMD). 2013, c. 228, §2 (RP).
SECTION HISTORY 1997, c. 155, §B10 (NEW). 1997, c. 155, §B13 (AFF). 2013, c. 228, §2 (RP).
SECTION HISTORY 1977, c. 514, (NEW). 1977, c. 677, §§11,12 (AMD). 1981, c. 610, §12 (RPR). 1997, c. 155, §B11 (AMD). 1997, c. 155, §B13 (AFF). 2013, c. 228, §2 (RP).
SECTION HISTORY 1977, c. 514, (NEW). RR 2009, c. 2, §13 (COR). 2013, c. 228, §2 (RP).
SECTION HISTORY 1977, c. 514, (NEW). 1977, c. 677, §13 (AMD). 1981, c. 610, §13 (AMD). 2013, c. 228, §2 (RP).
SECTION HISTORY 1977, c. 514, (NEW). 2013, c. 228, §2 (RP).
SECTION HISTORY 1977, c. 514, (NEW). 2013, c. 228, §2 (RP).
SECTION HISTORY 1977, c. 514, (NEW). 1977, c. 677, §14 (AMD). 1997, c. 155, §B12 (AMD). 1997, c. 155, §B13 (AFF). 2013, c. 228, §2 (RP).
SECTION HISTORY 1979, c. 636, §2 (NEW). 1989, c. 502, §A29 (AMD). 1991, c. 453, §§6,7 (AMD). 1991, c. 453, §10 (AFF). 2013, c. 228, §2 (RP).
SECTION HISTORY 1995, c. 309, §20 (NEW). 1995, c. 309, §29 (AFF). 2001, c. 44, §11 (AMD). 2001, c. 44, §14 (AFF). 2013, c. 228, §2 (RP).
SECTION HISTORY 1985, c. 652, §1 (NEW). 2003, c. 689, §B6 (REV). 2013, c. 228, §2 (RP).
SECTION HISTORY 2007, c. 273, Pt. A, §34 (NEW). 2007, c. 273, Pt. A, §41 (AFF). 2013, c. 228, §2 (RP). Chapter 210-A: SALES REPRESENTATIVE COMMISSION CONTRACTS §1341. DEFINITIONS As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1991, c. 296, (NEW).] 1. Commissions. "Commissions" means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the amount of orders or sales. [ 1991, c. 296, (NEW) .] 2. Principal. "Principal" means a person, partnership, corporation or other business entity that does not have a permanent or fixed place of business in this State and that: A. Manufactures, produces, imports or distributes a product for wholesale; [1991, c. 296, (NEW).] B. Contracts with sales representatives to solicit orders for the product; and [1991, c. 296, (NEW).] C. Compensates the sales representative, in whole or in part, by commission. [1991, c. 296, (NEW).] [ 1991, c. 296, (NEW) .]
A. Contracts with a principal to solicit orders for the purchase at wholesale of the principal's product; [1991, c. 296, (NEW).] B. Is compensated, in whole or in part, by commission; and [1991, c. 296, (NEW).] C. Does not place orders or purchase for that person's own account or for resale. [1991, c. 296, (NEW).] [ 1991, c. 296, (NEW) .] SECTION HISTORY 1991, c. 296, (NEW).
Unless a contract between a sales representative and a principal provides otherwise, a party terminating the contract must give the other party 14 days' written notice of the termination. [1991, c. 296, (NEW).] SECTION HISTORY 1991, c. 296, (NEW). §1343. CONTRACT If a contract between a sales representative and a principal is terminated, the principal shall pay to the sales representative all commissions accrued under the contract within 30 days after the effective date of that termination. Any provision of any contract between a sales representative and a principal that purports to waive any provision of this chapter is void. [1991, c. 296, (NEW).] SECTION HISTORY 1991, c. 296, (NEW). §1344. CIVIL LIABILITY 1. Principal liability. A principal who fails to comply with the provisions of section 1343 is liable to the sales representative in a civil action for exemplary damages in an amount that does not exceed 3 times the amount of commissions due the sales representative, plus reasonable attorney's fees and costs. [ 1991, c. 296, (NEW) .] 2. Frivolous action. When the court determines that an action brought by a sales representative against a principal under this chapter is frivolous, the sales representative is liable to the principal for attorney's fees actually and reasonably incurred by the principal in defending the action and court costs. [ 1991, c. 296, (NEW) .] 3. Other remedies. Nothing in this chapter invalidates or restricts any other right or remedy available to a sales representative, or precludes a sales representative from seeking to recover in one action on all claims against a principal. [ 1991, c. 296, (NEW) .] 4. Jurisdiction. A principal who is not a resident of this State that contracts with a sales representative to solicit orders in this State is declared to be transacting business in this State for purposes of the exercise of personal jurisdiction over nonresidents under Title 14, section 704-A. [ 2001, c. 667, Pt. A, §6 (AMD) .] SECTION HISTORY 1991, c. 296, (NEW). 2001, c. 667, §A6 (AMD). Chapter 210-B: NOTICE OF RISK TO PERSONAL DATA
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