§ 10 §1499-B — Telephone solicitation

Maine § 10 §1499-B

• Jurisdiction: Maine
• Title 10: COMMERCE AND TRADE
• Part 3: REGULATION OF TRADE
• Ch. 225: TELEPHONE SOLICITATION

Text

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Application.
This section does not apply to:
3.
Compliance with law.
This section does not relieve a person from complying with any other applicable law.
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.
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.
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 or to fail to use the reassigned numbers database to verify that a consumer's telephone number has not been reassigned prior to initiating a telephone sales call to that consumer. A telephone solicitor is not liable for violating this section if the telephone solicitor can demonstrate that:
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:
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.
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.
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.
11.
Attorney General remedies.
In an action under this section, the Attorney General may obtain any or all of the following:
12.
Voidable contracts.
In an action under this section, the court may void or limit the application of contracts or clauses resulting from a violation of this section and order restitution to be paid to an aggrieved consumer.
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.

Legislative History

PL 2007, c. 227, §2 (NEW). PL 2007, c. 489, §§1-3 (AMD). PL 2023, c. 570, §§1, 2 (AMD).