Maine Revised Statutes Title 10: commerce and trade table of Contents Part general provisions 8
§1495-G. CONTRACTS AND COOPERATION WITH OTHER AGENCIES
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| §1495-G. CONTRACTS AND COOPERATION WITH OTHER AGENCIES
1. Other agencies' staff. The administrator may employ and engage experts, professionals or other personnel of other state or federal regulatory agencies as may be necessary to assist the administrator in carrying out the regulatory functions of this chapter. The administrator may contract agency staff to other state and federal agencies to assist those other state and federal agencies in carrying out their regulatory functions. [ 2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF) .] 2. Cooperative agreements. The administrator may enter into cooperative agreements with other state, federal or foreign agencies to facilitate the regulatory functions of the administrator, including, but not limited to, the sharing between agencies of information that is otherwise confidential, coordination of examinations and joint examinations. [ 2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF) .] 3. Confidentiality. Any information furnished pursuant to this section by or to the administrator that has been designated as confidential by the agency furnishing the information remains the property of the agency furnishing the information and must be kept confidential by the recipient of the information except as authorized by the furnishing agency. [ 2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF) .] 4. Provision of information by state agencies. Notwithstanding any other provision of law, a state agency, including but not limited to the State Tax Assessor and the Department of Labor, shall provide such information to the administrator as is necessary for the administrator's enforcement of this chapter. [ 2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF) .] SECTION HISTORY 2003, c. 668, §6 (NEW). 2003, c. 668, §12 (AFF). §1495-H. ENFORCEMENT ACTIONS A payroll processor that fails to obtain a license under section 1495-D or that violates any provision of this chapter or any rule issued by the administrator, or through any unfair, unconscionable or deceptive practice causes or has the potential to cause damage to an employer or employee of that employer, is subject to one or more of the actions specified in this section: [2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF).] 1. Cease and desist order. A cease and desist order. A. The administrator may issue and serve an order upon a payroll processor requiring that processor to cease and desist from the violation or practice if in the opinion of the administrator that payroll processor subject to the provisions of this chapter is engaging in or has engaged in or if the administrator has reasonable cause to believe that the processor is about to engage in any of the following violations or practices: (1) Violation of a law, rule or regulation relating to the supervision of the payroll processor; (2) Violation of any written agreement entered into with the administrator; or (3) An anticompetitive or deceptive practice or one that is otherwise injurious to the public interest. [2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF).] B. Except as provided in paragraph C, prior to the issuance of any order to cease and desist in accordance with this subsection, the administrator shall provide notice to the payroll processor. This notice must contain a statement of the facts upon which the order is to be issued and the date upon which the order is to take effect. Upon petition of any interested party, a hearing in conformity with Title 5, chapter 375 must be provided prior to the effective date of any order issued pursuant to this subsection, except as provided in paragraph C. [2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF).] C. Whenever, in the opinion of the administrator, a violation or practice requires immediate action for the protection of the public or when the violation or practice or the continuation thereof is likely to cause insolvency or substantial dissipation of the assets or earnings of the payroll processor, the administrator may issue an order pursuant to this subsection which becomes effective upon service of that order, without prior notice or hearing. If an order subsequently is issued by the administrator pursuant to paragraph A, the administrator shall afford an opportunity for a hearing to rescind the order and action taken promptly thereafter, upon application by an interested party; [2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF).] [ 2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF) .] 2. Bond or security forfeiture. After notice and hearing, forfeiture of that portion of the required bond or other security instrument as proportionately may make aggrieved parties whole; [ 2005, c. 278, §5 (AMD) .] 3. Civil action by administrator. A civil action seeking civil penalties, remedial action and injunctive relief by the administrator through the Attorney General, after which a court may assess a civil penalty of not less than $1,500 nor more than $7,500 per violation or order remedial or injunctive relief. When the violation consists of failure to maintain the surety bond required by section 1495-E, each day in which coverage is not provided constitutes a separate violation; [ 2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF) .] 4. Private civil action. A civil action by an aggrieved employer in which that employer has the right to recover actual damages from the payroll processor in an amount determined by the court, plus costs of the action together with reasonable attorney's fees; [ 2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF) .] 5. Regulatory oversight. Increased regulatory oversight by the administrator, including requiring reports or other information to be submitted at those times and in such forms as the administrator considers appropriate for the proper supervision and regulation of the payroll processor; and [ 2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF) .] 6. Action on license. Revocation, suspension or nonrenewal of the payroll processor's license. [ 2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF) .] SECTION HISTORY 2003, c. 668, §6 (NEW). 2003, c. 668, §12 (AFF). 2005, c. 278, §5 (AMD). §1495-I. INSOLVENCY AND LIQUIDATION 1. Voluntary liquidation. A payroll processor who voluntarily ceases to do business in the State is subject to the following provisions. A. Prior to voluntarily ceasing business as a payroll processor, a payroll processor shall: (1) Notify the administrator of the proposed termination at least 30 days prior to its effective date; (2) Notify all employers in writing of the proposed termination at least 30 days prior to its effective date; (3) Provide all employers with detailed final accountings of all accounts; (4) Remit all money held by the payroll processor to each respective employer or the appropriate taxing authority; and (5) Return its license to the administrator for cancellation. [2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF).] B. When terminating a business, a payroll processor whose contract with an employer does not authorize the processor to assign the account to another processor may not transfer the account to another processor without first securing the written permission of the employer. [2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF).] [ 2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF) .]
A. If, upon examination of a payroll processor, the administrator is of the opinion that the payroll processor is insolvent or can no longer obtain a surety bond or when the license of a payroll processor has expired or terminated for any reason, the administrator may appoint a receiver who shall proceed to close the payroll processor. The person appointed by the administrator as a receiver may be the administrator, a deputy or such other person as the administrator may choose, and a certified copy of the order making such appointment is evidence of the appointment. A receiver has the power and authority provided in this chapter and such other powers and authority as may be expressed in the order of the administrator. If the administrator or a deputy is appointed receiver, no additional compensation need be paid, but any reasonable and necessary expenses as a receiver must be paid by the processor. If another person is appointed, then the compensation of the receiver must be paid from the assets of that processor. [2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF).] B. Upon taking possession of the property and business of a payroll processor under this section, the receiver: (1) May collect money due to the administrator and perform all acts necessary to conserve the payroll processor's assets and business and shall proceed to liquidate the payroll processor's affairs; (2) Shall collect all debts due and claims belonging to the payroll processor and may sell or compound all bad or doubtful debts; (3) May sell, for cash or other consideration or as provided by law, all or any part of the real and personal property of the payroll processor; (4) May take, in the name of the administrator, a mortgage on the real property from a bona fide purchaser to secure the whole or part of the purchase price; and (5) May borrow money and issue evidence of indebtedness therefor. To secure the repayment of this money, the receiver may mortgage, pledge, transfer in trust or hypothecate any of the property of the payroll processor, whether real, personal or mixed, superior to any charge for expenses of liquidation. [2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF).] C. The assets of the payroll processor in liquidation, exclusive of any bond proceeds, must be disbursed in the following order: (1) First, the payment of the costs and expenses of liquidation; (2) Second, payment of payroll, tax and unemployment insurance premium funds held by the payroll processor; (3) Third, payment of all debts, claims and obligations owed by the payroll processor; (4) Fourth, the payment of claims otherwise proper that were not filed within the prescribed time; and (5) Fifth, the payment of any obligation expressly subordinated to claims entitled to the priority established by subparagraphs (1) to (3). [2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF).] [ 2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF) .]
[ 2003, c. 668, §6 (NEW); 2003, c. 668, §12 (AFF) .] SECTION HISTORY 2003, c. 668, §6 (NEW). 2003, c. 668, §12 (AFF). Chapter 223: TELEFACSIMILE TRANSMISSIONS
A. "Telefacsimile" means any process in which electronic signals are transmitted by means of a telephone system for immediate direct printing as images or written text, excluding telecommunication signals transmitted by devices for the deaf, hearing impaired or speech impaired. [1989, c. 758, (NEW).] [ 1989, c. 758, (NEW) .]
A. The unsolicited transmission of a telefacsimile message: (1) Seeking charitable contributions; or (2) Promoting real property, goods or services for purchase or rent by the recipient of such a message. [1989, c. 758, (NEW).] [ 1989, c. 758, (NEW) .]
[ 1989, c. 758, (NEW) .] 4. Penalty. Violation of this chapter is an unfair trade practice as prohibited by Title 5, section 207. Each complete telefacsimile transmission constitutes a separate violation. [ 1989, c. 758, (NEW) .] SECTION HISTORY 1989, c. 758, (NEW). 1989, c. 758, (NEW). 1989, c. 758, (NEW). Chapter 223-A: CELLULAR TELEPHONE CUSTOMER PRIVACY ACT
This chapter may be known and cited as "the Cellular Telephone Customer Privacy Act." [2005, c. 582, §1 (NEW).] SECTION HISTORY 2005, c. 582, §1 (NEW). §1496-B. DEFINITIONS As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [2005, c. 582, §1 (NEW).] 1. Customer proprietary network information. "Customer proprietary network information" has the same meaning as in 47 United States Code, Section 222(h)(1) as in effect on January 1, 2006. [ 2005, c. 582, §1 (NEW) .] 2. Other customer proprietary information. "Other customer proprietary information" means any information loaded, installed or otherwise placed on a wireless telephone or transmitted from a wireless telephone by a wireless telephone customer. [ 2005, c. 582, §1 (NEW) .] 3. Telecommunications carrier. "Telecommunications carrier" has the same meaning as in 47 United States Code, Section 153(44) as in effect on January 1, 2006. [ 2005, c. 582, §1 (NEW) .] 4. Wireless telephone service. "Wireless telephone service" means any mobile telecommunications services as defined in Title 35-A, section 102, subsection 9-A. [ 2005, c. 582, §1 (NEW) .] 5. Wireless telephone service provider. "Wireless telephone service provider" means a telecommunications carrier that provides wireless telephone service. [ 2005, c. 582, §1 (NEW) .] SECTION HISTORY 2005, c. 582, §1 (NEW). §1496-C. SALE OR DISCLOSURE OF CUSTOMER PROPRIETARY NETWORK INFORMATION 1. Civil violation. Except as provided in subsection 3, a person may not sell or disclose or offer to sell or disclose any customer proprietary network information relating to the wireless telephone service account of any wireless telephone service customer or user in this State or any other customer proprietary information of any wireless telephone service customer or user in this State. A. Violation of this subsection constitutes a violation of the Maine Unfair Trade Practices Act. [2005, c. 582, §1 (NEW).] [ 2005, c. 582, §1 (NEW) .]
A. A person who violates this subsection commits a Class D crime. [2005, c. 582, §1 (NEW).] [ 2005, c. 582, §1 (NEW) .]
A. Authorized or required by: (1) Any state or federal law, regulation or rule; (2) An order of an agency having regulatory authority over a wireless telephone service provider; or (3) The wireless telephone service account holder; or [2005, c. 582, §1 (NEW).] B. Required by a subpoena, warrant or other lawful process. [2005, c. 582, §1 (NEW).] [ 2005, c. 582, §1 (NEW) .] SECTION HISTORY 2005, c. 582, §1 (NEW). Chapter 224: ELECTRONIC MAIL SOLICITATION §1497. ELECTRONIC MAIL SOLICITATION RESTRICTED 1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "E-mail" means electronic mail sent or delivered by transmission over the Internet. [2003, c. 327, §1 (NEW).] B. "E-mail service provider" means a business or organization qualified to do business in this State that provides individuals, corporations or other entities the ability to send or receive e-mail through equipment located in this State or that is an intermediary in sending or receiving e-mail. [2003, c. 327, §1 (NEW).] C. "Unsolicited commercial e-mail" means an e-mail, other than an e-mail sent at the request of the recipient, sent via an e-mail service provider to 2 or more recipients in this State with whom the sender does not have an existing business relationship for the purpose of: (1) Offering real property, goods or services for sale or rent; (2) Conveying information on real property, goods or services to solicit sales or purchase; (3) Conveying information on the extension of credit; or (4) Promoting or soliciting charitable contributions. "Unsolicited commercial e-mail" does not include an e-mail message to which an e-mail service provider has attached an advertisement if the e-mail service provider has an agreement with the recipient under which the e-mail service provider allows the recipient free use of an e-mail account in exchange for allowing the e-mail service provider to send such advertisements. [2003, c. 1, §5 (COR).] [ 2003, c. 1, §5 (COR) .] 2. Requirements. A person sending unsolicited commercial e-mail shall maintain a valid return e-mail address through which the recipient may provide notice to the sender that the recipient does not wish to receive any more unsolicited commercial e-mail. [ 2003, c. 327, §1 (NEW) .] 3. Statement. All unsolicited commercial e-mail must contain: A. In the subject line: (1) The first 4 characters as follows: "ADV:"; and (2) If the unsolicited commercial e-mail contains information about material that may be viewed only by a person at least 18 years of age, the first 8 characters as follows: "ADV:ADLT"; [2003, c. 327, §1 (NEW).] B. A statement informing the recipient of the name of the person or entity from which the unsolicited commercial e-mail originated; [2003, c. 327, §1 (NEW).] C. The return e-mail address required by subsection 2; and [2003, c. 327, §1 (NEW).] D. A statement informing the recipient that the recipient may use the return e-mail address to notify the sender that the recipient does not want to receive any more unsolicited commercial e-mails from the sender. [2003, c. 327, §1 (NEW).] [ 2003, c. 327, §1 (NEW) .] 4. Prohibition. A person receiving notification from a recipient that the recipient does not wish to receive any more unsolicited commercial e-mails from that person shall cease to send unsolicited commercial e-mails to that recipient. If a recipient is the registered owner of more than one e-mail address and notifies the sender of unsolicited commercial e-mails to cease sending unsolicited commercial e-mails to all of the e-mail addresses registered to that person or entity, the sender shall cease to send unsolicited commercial e-mails to those addresses. [ 2003, c. 327, §1 (NEW) .] 5. Use of 3rd-party domain names. A person may not: A. Send an unsolicited commercial e-mail that uses a 3rd party's Internet address or domain name without the 3rd party's consent; or [2003, c. 327, §1 (NEW).] B. Falsify the e-mail transmission information or other routing information of an unsolicited commercial e-mail. [2003, c. 327, §1 (NEW).] [ 2003, c. 327, §1 (NEW) .] 6. Penalty. Violation of this chapter is an unfair trade practice as prohibited by Title 5, section 207. Each unsolicited commercial e-mail transmission to a recipient in violation of this chapter constitutes a separate violation. The Attorney General shall establish procedures for receiving and investigating complaints of violations of this chapter. The procedures may include the development of electronic forms, available over the Internet, by which a person may file a complaint with the Attorney General alleging a violation of this chapter. [ 2003, c. 327, §1 (NEW) .] 7. Civil action; recipients. Notwithstanding Title 5, section 213, a person who receives a commercial e-mail sent in violation of this chapter may bring an action in an appropriate state court for either or both of the following: A. An injunction to stop such future e-mails; and [2003, c. 327, §1 (NEW).] B. Recovery of actual damages from each violation or up to $250 in damages for each violation, whichever is greater. [2003, c. 327, §1 (NEW).] If the court finds there has been a violation of this chapter, the court shall award the petitioner reasonable attorney's fees and costs incurred in connection with the action. If the court finds that the defendant willfully or knowingly violated this chapter, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph B. [ 2003, c. 327, §1 (NEW) .] 8. Civil action; e-mail service providers. Notwithstanding Title 5, section 213, an e-mail service provider through whose service is sent a commercial e-mail in violation of this chapter may bring an action in an appropriate state court for either or both of the following: A. An injunction to stop such future e-mails; and [2003, c. 327, §1 (NEW).] B. Recovery of actual damages from each violation or up to $1,000 in damages for each violation, whichever is greater. [2003, c. 327, §1 (NEW).] If the court finds there has been a violation of this chapter, the court shall award the petitioner reasonable attorney's fees and costs incurred in connection with the action. If the court finds that the defendant willfully or knowingly violated this chapter, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under paragraph B. [ 2003, c. 327, §1 (NEW) .] 9. Immunity. An e-mail service provider may, upon its own initiative, block the receipt or transmission through its service of any commercial e-mail that it reasonably believes is or will be sent in violation of this chapter. An e-mail service provider is not liable for any action taken in good faith to block the receipt or transmission through its service of any commercial e-mail that it reasonably believes is or will be sent in violation of this chapter. [ 2003, c. 327, §1 (NEW) .] SECTION HISTORY RR 2003, c. 1, §5 (COR). 2003, c. 327, §1 (NEW). Chapter 225: TELEPHONE SOLICITATION
A. "Automated telephone calling device" means any system or equipment, including a facsimile machine, that selects, dials or calls telephone numbers and plays recorded messages or attempts to send facsimiles. [2005, c. 197, §1 (AMD).] B. "Solicitation calls" means calls, including facsimile transmissions, the purpose of which is any of the following: (1) To offer real property, goods or services for sale or rent; (2) To convey information on real property, goods or services to solicit sales or purchases; (3) To promote or solicit charitable contributions; or (4) To gather data or statistics or solicit information. [2005, c. 197, §1 (AMD).] [ 2005, c. 197, §1 (AMD) .] 2. Prohibition. A person may not use an automated telephone calling device to make solicitation calls to: A. Any emergency telephone numbers in this State including, but not limited to, the emergency telephone numbers of any hospital, physician, health care facility, ambulance service, or fire or law enforcement officer or facility; [1989, c. 775, (NEW).] B. Any paging or cellular phone within the State; or [1989, c. 775, (NEW).] C. Any unlisted, unpublished, toll-free long distance or direct inward dial telephone number within the State. [1989, c. 775, (NEW).] [ 1989, c. 775, (NEW) .]
[ 1991, c. 524, §2 (AMD) .] 4. Caller identification. Persons making calls restricted under the provision of subsection 3 shall, within the first minute of the call, identify the name, address and telephone number of the organization for whom the call is being made. [ 1989, c. 775, (NEW) .] 5. Prima facie violation. Use of any automated calling device that calls telephone numbers sequentially and cannot distinguish the telephone numbers of those authorized to be contacted from those it is unlawful to contact is prima facie evidence of intent to violate this section. [ 1989, c. 775, (NEW) .] 6. Exceptions. This section does not prohibit the use of an automated telephone calling device to: A. Inform purchasers of the receipt, availability or delivery of goods or services or any other pertinent information on the status of any purchased goods or services; [1989, c. 775, (NEW).] B. Respond to a telephone inquiry initiated by the person to whom the automated call is directed; or [1989, c. 775, (NEW).] C. Carry out the duties of any state or local governmental unit. [1989, c. 775, (NEW).] [ 1989, c. 775, (NEW) .]
[ 1999, c. 694, §1 (RP) .] 7-A. Failure to produce transcript. A person using an automated telephone calling device for making solicitation calls shall maintain a full transcript of each solicitation call message that the person has transmitted to consumers during the previous 24 months. A copy of the transcript must be made available to the Attorney General upon request. Failure to provide a copy of a requested transcript is a violation of this section. [ 1999, c. 694, §2 (NEW) .] 8. Penalty. Violation of this section is an unfair trade practice as prohibited by Title 5, section 207. [ 1999, c. 694, §3 (AMD) .] SECTION HISTORY 1989, c. 775, (NEW). 1991, c. 524, §§2,3 (AMD). 1999, c. 694, §§1-3 (AMD). 2005, c. 197, §1 (AMD). §1499. TELEPHONE SOLICITATION (REPEALED) SECTION HISTORY 1991, c. 252, §1 (NEW). 1993, c. 589, §1 (AMD). 1995, c. 334, §2 (RPR). 2007, c. 227, §1 (RP).
A. "Caller identification service" means a service that allows a telephone subscriber to have the telephone number and, where available, name of the calling party transmitted contemporaneously with the telephone call and displayed on a device in or connected to the subscriber's telephone. [2003, c. 70, §1 (NEW); 2003, c. 70, §2 (AFF).] B. "Seller" means any person who, in connection with a telemarketing transaction, provides, offers to provide or arranges for others to provide goods or services to the customer in exchange for consideration. [2003, c. 70, §1 (NEW); 2003, c. 70, §2 (AFF).] C. "Telemarketer" means any person who, in connection with telemarketing, initiates or receives telephone calls to or from a customer or donor. [2003, c. 70, §1 (NEW); 2003, c. 70, §2 (AFF).] D. "Telemarketing" means a plan, program or campaign that is conducted by use of one or more telephones to induce the purchase of goods or services or a charitable contribution and that involves more than one intrastate telephone call. "Telemarketing" does not include the solicitation of sales through the mailing of a catalog that contains a written description or illustration of the goods or services offered for sale, the business address of the seller and multiple pages of written material or illustrations, and that is issued not less frequently than once a year, if the person making the solicitation does not solicit customers by telephone but only receives calls initiated by customers in response to the catalog and during those calls takes orders without further solicitation. For purposes of this paragraph, the term "further solicitation" does not include providing the customer with information about, or attempting to sell, any other item included in the same catalog that prompted the customer's call or in a substantially similar catalog. [2003, c. 70, §1 (NEW); 2003, c. 70, §2 (AFF).] [ 2003, c. 70, §1 (NEW); 2003, c. 70, §2 (AFF) .] 2. Prohibition. Except as provided in subsection 3, it is an unfair trade practice, as prohibited by Title 5, section 207, for a seller or telemarketer to fail to transmit or cause to be transmitted the telephone number and, when made available by the telemarketer's carrier, the name of the telemarketer to any caller identification service in use by a recipient of a telemarketing call. [ 2003, c. 70, §1 (NEW); 2003, c. 70, §2 (AFF) .] 3. Exception. It is not a violation of subsection 2 for a seller or telemarketer to substitute for the name and telephone number used in or billed for making the call: A. The name of the seller or charitable organization on whose behalf the telemarketing call is placed; and [2003, c. 70, §1 (NEW); 2003, c. 70, §2 (AFF).] B. The seller's or charitable organization's customer or donor service telephone number that is answered during regular business hours. [2003, c. 70, §1 (NEW); 2003, c. 70, §2 (AFF).] [ 2003, c. 70, §1 (NEW); 2003, c. 70, §2 (AFF) .] SECTION HISTORY 2003, c. 70, §1 (NEW). 2003, c. 70, §2 (AFF). §1499-B. TELEPHONE SOLICITATION 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Consumer" means a resident of this State who is a residential telephone subscriber and an actual or prospective: (1) Purchaser, lessee or recipient of consumer goods or services; or (2) Donor or contributor to an organization. [2007, c. 227, §2 (NEW).] B. "Consumer goods or services" means: (1) Tangible or intangible personal property or real property that is normally used for personal, family or household purposes; (2) Property intended to be attached to or installed on real property without regard to whether it is actually attached or installed; (3) Services related to the property described in subparagraph (1) or (2); (4) Credit cards or the extension of credit; or (5) Professional services. [2007, c. 227, §2 (NEW).] C. "Division" means the Department of the Attorney General, Consumer Protection Division. [2007, c. 227, §2 (NEW).] D. "Doing business in Maine" means making telephone sales calls to consumers located in this State whether the telephone sales calls originate in the State or outside the State. [2007, c. 227, §2 (NEW).] D-1. "Established business relationship" means a prior or existing relationship formed by a voluntary 2-way communication between a telephone solicitor and a consumer with or without an exchange of consideration on the basis of the consumer's purchase from or transaction with the telephone solicitor within the 18 months immediately preceding the date of a telephone sales call or on the basis of the consumer's inquiry or application regarding products or services offered by the telephone solicitor within the 3 months immediately preceding the date of the call that has not been previously terminated by the consumer pursuant to subparagraph (1) or by the telephone solicitor. (1) A consumer's request to a particular telephone solicitor not to receive telephone sales calls from that telephone solicitor terminates an established business relationship for purposes of a telephone sales call even if the consumer continues to do business with the telephone solicitor. (2) The consumer's established business relationship with a particular telephone solicitor does not extend to affiliates of the telephone solicitor unless the consumer would reasonably expect them to be included given the nature and type of goods or services offered by the affiliate and the identity of the affiliate. [2007, c. 489, §1 (NEW).] E. "Registry" means the do-not-call registry maintained by the division that lists the names of persons who do not wish to receive telephone sales calls. [2007, c. 227, §2 (NEW).] F. "Resident" means a resident of this State. [2007, c. 227, §2 (NEW).] G. "Telephone number" means a residential telephone number. [2007, c. 227, §2 (NEW).] H. "Telephone sales call" means a solicitation call made to a consumer for: (1) Solicitation of a sale of consumer goods or services; or (2) Obtaining information that will or may be used for the direct solicitation of a sale of consumer goods or services or an extension of credit for such purposes. "Telephone sales call" includes a call made by use of automated dialing or recorded message devices. [2007, c. 227, §2 (NEW).] I. "Telephone solicitor" means an individual, firm, organization, partnership, association or corporation, including affiliates and subsidiaries, doing business in Maine. [2007, c. 227, §2 (NEW).] [ 2007, c. 489, §1 (AMD) .] 2. Application. This section does not apply to: A. A telephone sales call made in response to and at the express request of the person called; [2007, c. 227, §2 (NEW).] B. A telephone sales call made primarily in connection with an existing debt or contract for which payment or performance has not been completed at the time of the call; [2007, c. 489, §2 (AMD).] C. A telephone sales call for a solicitation other than a commercial solicitation, but only if: (1) The telephone call is made by a volunteer or an employee of the soliciting organization; and (2) The telephone solicitor who makes the telephone call immediately discloses all of the following information: (a) The solicitor's true first and last name; and (b) The name, address and telephone number of the soliciting organization; or [2007, c. 489, §2 (AMD).] D. A telephone sales call made to any person with whom the telephone solicitor has an established business relationship. [2007, c. 489, §2 (NEW).] [ 2007, c. 489, §2 (AMD) .] 3. Compliance with law. This section does not relieve a person from complying with any other applicable law. [ 2007, c. 227, §2 (NEW) .] 4. Duties of division. The division shall establish and maintain a do-not-call registry of telephone numbers of consumers who request not to be solicited by telephone. The national "do-not-call" registry established and maintained by the Federal Trade Commission, pursuant to the 16 Code of Federal Regulations, Section 310.4(b)(1)(iii)(B), may serve as the Maine do-not-call registry required by this subsection. The division may provide the telephone numbers of residents that are in the state registry to the Federal Trade Commission for inclusion in the national registry. [ 2007, c. 227, §2 (NEW) .] 5. Adoption of rules. The division may adopt rules consistent with Title 5, section 207, subsection 2 to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [ 2007, c. 227, §2 (NEW) .] 6. Telephone solicitation violations. It is a violation of this section for a telephone solicitor to initiate a telephone sales call to a consumer if that consumer's telephone number has been on the national or state do-not-call registry, established by the Federal Trade Commission, for at least 3 months prior to the date the call is made. A telephone solicitor is not liable for violating this section if the telephone solicitor can demonstrate that: A. As part of the telephone solicitor's routine business practice, the telephone solicitor has established and implemented written procedures to comply with this section; [2007, c. 489, §3 (NEW).] B. As part of the telephone solicitor's routine business practice, the telephone solicitor has trained its personnel, and any entity assisting in its compliance, in the procedures established pursuant to paragraph A; [2007, c. 489, §3 (NEW).] C. As part of the telephone solicitor's routine business practice, the telephone solicitor or another person acting on behalf of the telephone solicitor has recorded and maintained a list of telephone numbers the telephone solicitor may not contact; [2007, c. 489, §3 (NEW).] D. As part of the telephone solicitor's routine business practice, the telephone solicitor uses a process to prevent telemarketing to any telephone number on any list established pursuant to paragraph C or on the national do-not-call registry, employing a version of the national do-not-call registry obtained from the Federal Trade Commission no more than 31 days prior to the date any call is made, and maintains records documenting this process; [2007, c. 489, §3 (NEW).] E. As part of the telephone solicitor's routine business practice, the telephone solicitor or another person acting on behalf of the telephone solicitor monitors and enforces compliance with the procedures established pursuant to paragraph A; and [2007, c. 489, §3 (NEW).] F. Any subsequent call otherwise violating this section is the result of error. [2007, c. 489, §3 (NEW).] [ 2007, c. 489, §3 (AMD) .] 7. Telephone solicitation disclosure. A telephone solicitor who makes a telephone sales call to a consumer must immediately disclose the following information upon making contact with that consumer: A. The solicitor's real first and last name; and [2007, c. 227, §2 (NEW).] B. The name of the business on whose behalf the telephone solicitor is soliciting. [2007, c. 227, §2 (NEW).] [ 2007, c. 227, §2 (NEW) .] 8. Directories exemption. This section does not apply to a person obtaining consumer information for inclusion in a directory assistance database or a telephone directory sold by a telephone company. [ 2007, c. 227, §2 (NEW) .] 9. Exclusion of a telephone number. A telephone solicitor or person who obtains consumer information that includes telephone numbers shall exclude the telephone numbers that appear on the most current federal or state do-not-call registry. [ 2007, c. 227, §2 (NEW) .] 10. Unfair trade practice violations. A telephone solicitor who fails to comply with any provision of this section commits an unfair and deceptive act that is a violation of the Maine Unfair Trade Practices Act. [ 2007, c. 227, §2 (NEW) .] 11. Attorney General remedies. In an action under this section, the Attorney General may obtain any or all of the following: A. An injunction to enjoin future violations of this section; [2007, c. 227, §2 (NEW).] B. A civil penalty of not more than: (1) Ten thousand dollars for the first violation; and (2) Twenty-five thousand dollars for each subsequent violation; [2007, c. 227, §2 (NEW).] C. All money the defendant obtained through violation of this section; [2007, c. 227, §2 (NEW).] D. The Attorney General's reasonable cost in: (1) The investigation of the deceptive act; and (2) Maintaining the action under this subsection; and [2007, c. 227, §2 (NEW).] E. Reasonable attorney's fees. [2007, c. 227, §2 (NEW).] [ 2007, c. 227, §2 (NEW) .]
[ 2007, c. 227, §2 (NEW) .] 13. Jurisdiction. An action under this section may be brought in the District Court or Superior Court of the jurisdiction in which an aggrieved consumer resides or in Kennebec County. [ 2007, c. 227, §2 (NEW) .] SECTION HISTORY 2007, c. 227, §2 (NEW). 2007, c. 489, §§1-3 (AMD). Chapter 227: ASSISTIVE DEVICES FOR PERSONS WITH DISABILITIES
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1997, c. 235, §1 (NEW).] 1. Assistive device. "Assistive device" means any device that a consumer purchases or accepts transfer of in this State that is used within manufacturer specifications by a person with a disability within the meaning of the federal Americans with Disabilities Act to offset the effect of the disability and enhance function in carrying out a major life activity. "Assistive device" includes, but is not limited to, manual wheelchairs, motorized wheelchairs, motorized scooters and other aids that enhance the mobility of the individual; hearing aids, telephone communications devices for the deaf, or TDD, assistive listening devices and other aids that enhance an individual's ability to hear; voice synthesized computer modules, optical scanners, talking software, braille printers and other devices that enhance a sight-impaired individual's ability to communicate; and any other assistive device that enables a person with a disability to communicate, see, hear or maneuver. "Assistive device" does not include a hearing aid as defined by Title 32, section 17101, subsection 8. [ 2007, c. 369, Pt. B, §1 (AMD); 2007, c. 369, Pt. C, §5 (AFF) .] 2. Consumer. "Consumer" means a person who purchases or leases an assistive device from a dealer or manufacturer for purposes other than resale; a person to whom an assistive device is transferred for purposes other than resale while an express warranty is in effect; a funding source that purchases a device for a person with a disability; or a person otherwise legally qualified to enforce a warranty. [ 1997, c. 235, §1 (NEW) .] 3. Nonconformity. "Nonconformity" means a condition or a defect that substantially impairs the use, value or safety of an assistive device that is covered by an express warranty applicable to that assistive device, or to a component of that assistive device, but does not include a condition or defect that is the result of abuse, neglect or unauthorized modification or alteration of the assistive device by the consumer. [ 1997, c. 235, §1 (NEW) .] SECTION HISTORY 1997, c. 235, §1 (NEW). 2007, c. 369, Pt. B, §1 (AMD). 2007, c. 369, Pt. C, §5 (AFF). §1500-A. TRIAL PERIOD All assistive devices as defined in this chapter must be sold subject to a 30-day trial. A consumer may return an assistive device to the dealer from which it was purchased within the 30-day trial period if the device is not specifically fit for the consumer's particular needs and receive a full refund, after satisfaction of any perfected security interests, if the assistive device has not been damaged, abused or altered by the consumer. If the assistive device was purchased with insurance or public funds, the refund must be returned to the funding source. This section does not apply to an assistive device for which a trial period is already specifically addressed by another law. [1997, c. 235, §1 (NEW).] SECTION HISTORY 1997, c. 235, §1 (NEW). §1500-B. EXPRESS WARRANTY 1. Warranty. A manufacturer who sells or leases an assistive device to a consumer, either directly or through an assistive device dealer, shall warranty that the assistive device is in conformity with the terms of this subsection and shall furnish the consumer with a written express warranty for the assistive device. In the case of a sale, the duration of the express warranty must be at least one year from the date of the initial setup of the assistive device for the consumer. In the case of a lease, the duration of the express warranty must be for the duration of the lease. In both cases, the warranty must provide that the assistive device is free from any condition or defect that substantially impairs its value to the consumer during the warranty period. In the absence of an express warranty, the manufacturer is deemed to have made this warranty. [ 1997, c. 235, §1 (NEW) .] 2. Repair. If a new assistive device does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the assistive device lessor or any of the manufacturer's authorized assistive device dealers and makes the assistive device available for repair during the warranty period, the nonconformity must be repaired at no charge to the consumer or the funding source. If a repair is required, a replacement or loan of a comparable assistive device must be provided to the consumer as soon as feasible at no charge. In the case of a lease, lease payments must be suspended during any part of the repair period that a comparable assistive device has not been provided. [ 1997, c. 235, §1 (NEW) .] SECTION HISTORY 1997, c. 235, §1 (NEW). §1500-C. REPLACEMENT OF DEFECTIVE DEVICES; REFUNDS 1. Reasonable attempt to repair. A reasonable attempt to repair an assistive device to conform it to the express warranty is deemed to have been undertaken if: A. The same conformity has been subject to repair 3 or more times by the manufacturer or its agents or authorized dealers within the express warranty term and the nonconformity continues; or [1997, c. 235, §1 (NEW).] B. The assistive device is out of service for a cumulative total of 30 days or more because of warranty nonconformity. [1997, c. 235, §1 (NEW).] [ 1997, c. 235, §1 (NEW) .] 2. Refund and replacement. If, after a reasonable attempt to repair the nonconformity, the nonconformity is not repaired, the manufacturer must accept return of the assistive device and, at the option of the consumer, refund the full purchase price to the consumer after satisfaction of any applicable perfected security interests or replace the assistive device with a comparable new assistive device. If the assistive device was purchased with public funds or insurance coverage on behalf of the consumer, the manufacturer shall notify the funder and, at the option of the consumer, replace the assistive device with a comparable new assistive device or refund to the funder the total reimbursement amount so that another suitable device may be purchased. [ 1997, c. 235, §1 (NEW) .] SECTION HISTORY 1997, c. 235, §1 (NEW). §1500-D. DISCLOSURE AT TIME OF RESALE An assistive device that is returned to the manufacturer under section 1500-C may not be sold without clear written disclosure to any subsequent purchaser, whether that purchaser is a consumer or a dealer, that the assistive device was returned to the manufacturer under this chapter and a written description of the nonconformity for which the assistive device was returned. [1997, c. 235, §1 (NEW).] SECTION HISTORY 1997, c. 235, §1 (NEW). §1500-E. OTHER REMEDIES 1. Rights. This section may not be construed to limit rights or remedies available to a consumer under any other law. [ 1997, c. 235, §1 (NEW) .] 2. Enforcement. A consumer may bring an action to recover for damages caused by a violation of this chapter. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, plus reasonable costs and attorney's fees. It is a valid defense to an action brought under this subsection if, at the time of sale, the dealer had no reasonable way of knowing that the device was intended to be used within manufacturer specifications by the consumer as an assistive device as defined by section 1500, subsection 1. [ 1997, c. 235, §1 (NEW) .] SECTION HISTORY 1997, c. 235, §1 (NEW).
Any waiver of rights under this chapter by a consumer is void. [1997, c. 235, §1 (NEW).] SECTION HISTORY 1997, c. 235, §1 (NEW). Chapter 228: SALE OF INDIAN ARTS AND CRAFTS PRODUCTS
[ 2013, c. 302, §1 (NEW) .] 2. Unfair trade practice. A violation of this section constitutes an unfair or deceptive act or practice in violation of Title 5, chapter 10. An action brought under this chapter by the Office of the Attorney General may not preclude a person from bringing a civil action to obtain injunctive or equitable relief or damages under 25 United States Code, Section 305e. [ 2013, c. 302, §1 (NEW) .] SECTION HISTORY 2013, c. 302, §1 (NEW). Chapter 229: GUARANTEED ASSET PROTECTION WAIVERS
A. "Administrator" means a person, other than an insurer or creditor, that performs administrative or operational functions pursuant to a waiver program. [2017, c. 178, §1 (NEW).] B. "Borrower" means a debtor or retail buyer under a finance agreement. [2017, c. 178, §1 (NEW).] C. "Creditor" means: (1) The lender in a loan or credit transaction; (2) A person engaged as a retail seller of motor vehicles that provides credit to consumers, as defined in Title 9-A, section 1-301, subsection 10, of the motor vehicles, as long as that person complies with the provisions of this section; (3) The seller in a commercial retail installment transaction; or (4) The assignee of any of the persons in subparagraphs (1) to (4) to which the credit obligation is payable. [2017, c. 178, §1 (NEW).] D. "Finance agreement" means a loan or retail installment sales contract for the purchase of a motor vehicle. [2017, c. 178, §1 (NEW).] E. "Free-look period" means the period of time, not less than 30 days, from the effective date of the waiver until the date the borrower may cancel the waiver contract without penalty, fees or costs to the borrower. [2017, c. 178, §1 (NEW).] F. "Guaranteed asset protection waiver" or "waiver" means a contractual agreement in which a creditor agrees for a separate charge to cancel or waive all or part of the amount due on a borrower's finance agreement for a motor vehicle in the event of a total physical damage loss or unrecovered theft of the motor vehicle. The waiver must be part of or a separate addendum to the finance agreement. [2017, c. 178, §1 (NEW).] G. "Insurer" has the same meaning as in Title 24-A, section 4. [2017, c. 178, §1 (NEW).] H. "Motor vehicle" means a self-propelled vehicle not operated exclusively on railroad tracks; a motorcycle as defined in Title 29-A, section 101, subsection 38; a motor home as defined in Title 29-A, section 101, subsection 40; an all-terrain vehicle as defined in Title 12, section 13001, subsection 3; a snowmobile as defined in Title 12, section 13001, subsection 25; a motorboat as defined in Title 12, section 13001, subsection 16; a personal watercraft as defined in Title 12, section 13001, subsection 23; or a trailer as defined in Title 29-A, section 101, subsection 86. "Motor vehicle" includes vehicles whether self-propelled or towed. [2017, c. 178, §1 (NEW).] I. "Person" includes an individual, company, association, organization, partnership, business trust, corporation and every form of legal entity. [2017, c. 178, §1 (NEW).] J. "Superintendent" means, except in cases in which a credit union or financial institution authorized to do business in this State, as defined in Title 9-B, section 131, subsections 12-A and 17-A, is the creditor, the Superintendent of Consumer Credit Protection. In cases in which a financial institution authorized to do business in this State is the creditor, "superintendent" means the Superintendent of Financial Institutions. [2017, c. 178, §1 (NEW).] [ 2017, c. 178, §1 (NEW) .] 2. Requirements for offering waivers. The following provisions apply to offering waivers. A. A waiver may be offered, sold or provided to a borrower in this State in compliance with this chapter. [2017, c. 178, §1 (NEW).] B. A waiver may, at the option of the creditor, be sold for a single payment or may be offered with a monthly or periodic payment option. [2017, c. 178, §1 (NEW).] C. Notwithstanding any other provision of law, any cost to the borrower for a waiver entered into in compliance with the federal Truth in Lending Act, 15 United States Code, Section 1601 et seq. and its implementing regulations, as they may be amended from time to time, must be separately stated and may not be considered a finance charge or interest. [2017, c. 178, §1 (NEW).] D. A retail seller must insure its waiver obligations under a contractual liability policy or other insurance policy issued by an insurer. A creditor, other than a retail seller, may insure its waiver obligations under a contractual liability policy or other insurance policy issued by an insurer. Any such insurance policy may be directly obtained by a creditor or retail seller or may be procured by an administrator to cover a creditor's or retail seller's obligations. [2017, c. 178, §1 (NEW).] E. A waiver remains a part of the finance agreement upon the assignment, sale or transfer of the finance agreement by the creditor. [2017, c. 178, §1 (NEW).] F. The extension of credit, the term of credit and the term of the related motor vehicle sale may not be conditioned upon the purchase of a waiver. [2017, c. 178, §1 (NEW).] G. A creditor that offers a waiver must report the sale of and forward funds received on such a waiver to the designated party, if any, as prescribed in any applicable administrative services agreement, contractual liability policy, other insurance policy or other specified program documents. [2017, c. 178, §1 (NEW).] H. Funds received or held by a creditor or administrator and belonging to an insurer, creditor or administrator, pursuant to the terms of a written agreement, must be held by the creditor or administrator in a fiduciary capacity. [2017, c. 178, §1 (NEW).] I. The borrower's primary motor vehicle insurance carrier or, if applicable, the 3rd-party liability carrier shall determine the existence of a total physical damage loss. If no primary motor vehicle insurance or 3rd-party liability insurance is present on the date of loss, then the existence of a total physical damage loss must be determined pursuant to the terms of the waiver. [2017, c. 178, §1 (NEW).] [ 2017, c. 178, §1 (NEW) .]
A. A contractual liability policy or other insurance policy insuring waivers must state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the waivers issued by the creditor and purchased by the borrower or held by the borrower. [2017, c. 178, §1 (NEW).] B. Coverage under a contractual liability or other insurance policy insuring a waiver must also cover any subsequent assignee upon the assignment, sale or transfer of the finance agreement. [2017, c. 178, §1 (NEW).] C. Coverage under a contractual liability or other insurance policy insuring a waiver must remain in effect unless cancelled or nonrenewed as provided in Title 24-A. [2017, c. 178, §1 (NEW).] D. The cancellation or nonrenewal of a contractual liability or other insurance policy may not reduce the insurer's responsibility for waivers issued by the creditor prior to the date of cancellation or nonrenewal and for which premium has been received by the insurer. [2017, c. 178, §1 (NEW).] [ 2017, c. 178, §1 (NEW) .] 4. Disclosures. A waiver must disclose, as applicable, in writing and in clear, understandable language that is easy to read, the following: A. The name and address of the initial creditor and the borrower at the time of sale, and the identity of any administrator if different from the creditor; [2017, c. 178, §1 (NEW).] B. The purchase price and the terms of the waiver, including without limitation the requirements for protection, condition or exclusion associated with the waiver; [2017, c. 178, §1 (NEW).] C. That the borrower may cancel the waiver within a free-look period as specified in the waiver and will be entitled to a full refund of the purchase price as long as no waiver benefits have been provided; [2017, c. 178, §1 (NEW).] D. The procedure the borrower must follow, if any, to obtain waiver benefits under the terms and conditions of the waiver and a telephone number and address where the borrower may apply for waiver benefits; [2017, c. 178, §1 (NEW).] E. Whether or not the waiver is cancellable after the free-look period, the conditions under which it may be cancelled or terminated and the procedures for requesting any refund due; [2017, c. 178, §1 (NEW).] F. That, in order to receive any refund due in the event of a borrower's cancellation of the waiver agreement or early termination of the finance agreement, the borrower, in accordance with the terms of the waiver, must provide a written request to cancel to the creditor, administrator or other party as specified in the waiver. If a borrower is cancelling the waiver due to early termination of the finance agreement, the borrower must provide a written request to the creditor, administrator or other party within 90 days of the occurrence of the event terminating the finance agreement; [2017, c. 178, §1 (NEW).] G. The methodology for calculating any refund due of the unearned portion of the purchase price of the waiver in the event of cancellation of the waiver or early termination of the finance agreement; and [2017, c. 178, §1 (NEW).] H. That the extension of credit, the terms of credit and the terms of the related motor vehicle sale may not be conditioned upon purchase of the waiver. [2017, c. 178, §1 (NEW).] [ 2017, c. 178, §1 (NEW) .] 5. Cancellation. The following provisions govern the cancellation of a waiver. A. A waiver must be cancellable after the free-look period. A waiver must provide that if a borrower cancels the waiver within the free-look period, the borrower is entitled to a full refund of the purchase price as long as no benefits have been provided. [2017, c. 178, §1 (NEW).] B. In the event of a borrower's cancellation of the waiver or early termination of the finance agreement, after the agreement has been in effect beyond the free-look period, the borrower is entitled to a pro rata refund of any unearned portion of the purchase price of the waiver. In order to receive a refund, the borrower, in accordance with any applicable terms of the waiver, must provide a written request to the creditor, administrator or other party. If the borrower is cancelling the waiver due to the early termination of the finance agreement, the borrower must provide a written request within 90 days of the event terminating the finance agreement. [2017, c. 178, §1 (NEW).] C. If the cancellation of a waiver occurs as a result of a default under the finance agreement or the repossession of the motor vehicle associated with the finance agreement, or any other termination of the finance agreement, any refund due may be paid directly to the creditor or administrator and applied as set forth in paragraph D. [2017, c. 178, §1 (NEW).] D. Any refund under paragraph A, B or C may be applied by the creditor as a reduction of the amount owed under the finance agreement unless the borrower shows that the finance agreement has been paid in full. [2017, c. 178, §1 (NEW).] [ 2017, c. 178, §1 (NEW) .] 6. Enforcement. The superintendent may require the filing of notification by an administrator pursuant to Title 9-A, section 6-202 and section 6-203, subsection 1. The superintendent may require the filing of waivers in use by an administrator. Upon request by the superintendent, an administrator shall annually file a record of waivers administered by the administrator. The superintendent may take action that is necessary or appropriate to enforce the provisions of this chapter and to protect borrowers who hold waivers in this State. In cases in which a credit union or financial institution authorized to do business in this State, as defined in Title 9-B, section 131, subsections 12-A and 17-A, is a creditor, the Superintendent of Financial Institutions is responsible for enforcement. After notice and opportunity for hearing, the superintendent may: A. Order the creditor, administrator or any other person not in compliance with this chapter to cease and desist from further waiver-related operations that are in violation of this chapter; and [2017, c. 178, §1 (NEW).] B. Impose a penalty of not more than $500 per violation and not more than $10,000 in the aggregate for all violations of a similar nature. For purposes of this paragraph, violations must be considered of a similar nature if the violations consist of the same or a similar course of conduct, action or practice, irrespective of the number of times the conduct, action or practice that is determined to be a violation of this chapter occurred. [2017, c. 178, §1 (NEW).] [ 2017, c. 178, §1 (NEW) .]
A. This chapter does not apply to: (1) An insurance policy or a guaranteed asset protection insurance policy offered by an insurer under Title 24-A; or (2) A debt cancellation or debt suspension contract offered by a credit union or financial institution authorized to do business in this State, as defined in Title 9-B, section 131, subsections 12-A and 17-A, in compliance with 12 Code of Federal Regulations, Part 37 (2017) or 12 Code of Federal Regulations, Part 721 (2017) or other federal law. [2017, c. 178, §1 (NEW).] B. Subsection 2, paragraph C and subsections 4 and 6 are not applicable to a waiver offered in connection with a retail installment sale associated with a commercial transaction. [2017, c. 178, §1 (NEW).] C. Waivers governed under this chapter are not insurance and are exempt from Title 24-A. A person is not required to obtain a license as a producer or insurer or in any other capacity be regulated under Title 24-A in order to market, administer, sell or offer to sell a waiver. [2017, c. 178, §1 (NEW).] [ 2017, c. 178, §1 (NEW) .] SECTION HISTORY 2017, c. 178, §1 (NEW). 2017, c. 228, §1 (NEW). Chapter 229: POSING AS A GOVERNMENTAL ENTITY OR AGENT IN COMMERCE §1500-H. POSING AS A GOVERNMENTAL ENTITY OR AGENT IN COMMERCE (CONFLICT) (WHOLE SECTION CONFLICT: Text as enacted by PL 2017, c. 228, §1) 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Governmental entity" means a unit, subdivision or entity of the Federal Government, the State, a county, a municipality or another state, including an agency, department, board, commission, bureau, division or military or public safety organization. [2017, c. 228, §1 (NEW).] [ 2017, c. 228, §1 (NEW) .]
A. Represent, imply or otherwise cause a likelihood of confusion that the person is an official, agent or representative of a governmental entity in the sale, advertising for sale, marketing, offering, distribution or solicitation of any goods or services; [2017, c. 228, §1 (NEW).] B. Simulate a summons, complaint, jury notice, tax form or other judicial or administrative process or make an untrue statement that any good, service, advertisement or offer was sent or distributed by or has been approved, authorized or endorsed in whole or in part by a governmental entity; [2017, c. 228, §1 (NEW).] C. Use language or a symbol, logo, representation, statement, title, name, seal, emblem, insignia, trade or brand name, business or control tracking number, website, e-mail address or any other term or content that falsely represents or implies or otherwise causes a likelihood of confusion that any goods, services, advertisement or offer is from a governmental entity; or [2017, c. 228, §1 (NEW).] D. Offer a document that is available free of charge or at a lesser price from a governmental entity without conspicuously disclosing that availability in a manner that is clearly visible to a consumer. [2017, c. 228, §1 (NEW).] [ 2017, c. 228, §1 (NEW) .] 3. Unfair trade practice. A violation of this section constitutes an unfair or deceptive act or practice in violation of Title 5, chapter 10. [ 2017, c. 228, §1 (NEW) .] SECTION HISTORY 2017, c. 178, §1 (NEW). 2017, c. 228, §1 (NEW).
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