Maine § 10 §1498 Automated telephone solicitation prohibited; exceptions; penalties

Maine Statutes

§ 10 §1498 — Automated telephone solicitation prohibited; exceptions; penalties

Maine·Title 10 COMMERCE AND TRADE·Part 3 REGULATION OF TRADE·Ch. 225 TELEPHONE SOLICITATION

1.Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

2.Prohibition. A person may not use an automated telephone calling device or an artificial or prerecorded voice to make solicitation calls to:

3.Restriction. A person may not use an automated telephone calling device to make solicitation calls to any telephone number in the State except weekdays between 9 a.m. and 5 p.m., according to the time in this State, and may not complete more than one solicitation call to any telephone number during each 8-hour period. In addition, the person using the device to place the call shall ensure that the device disconnects no more than 5 seconds following the disconnection of the telephone number called.

4.Caller identifica

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1.
Definitions.
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
2.
Prohibition.
A person may not use an automated telephone calling device or an artificial or prerecorded voice to make solicitation calls to:
3.
Restriction.
A person may not use an automated telephone calling device to make solicitation calls to any telephone number in the State except weekdays between 9 a.m. and 5 p.m., according to the time in this State, and may not complete more than one solicitation call to any telephone number during each 8-hour period. In addition, the person using the device to place the call shall ensure that the device disconnects no more than 5 seconds following the disconnection of the telephone number called.
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.
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.
6.
Exceptions.
This section does not prohibit the use of an automated telephone calling device or an artificial or prerecorded voice to:
7.
Registration.
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.
8.
Penalty.
Violation of this section is an unfair trade practice as prohibited by Title 5, section 207.

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