Maine § 32 §11054 Civil liability

Maine Statutes

§ 32 §11054 — Civil liability

Maine·Title 32 PROFESSIONS AND OCCUPATIONS·Ch. 109-A MAINE FAIR DEBT COLLECTION PRACTICES ACT

1.Failure to comply with this Act. Except as otherwise provided by this section, any debt collector who fails to comply with any provisions of this Act with respect to any person is liable to that person in an amount equal to the sum of: 1-A. Failure to comply with this Act by a debt buyer. Except as otherwise provided by this section, any debt buyer who fails to comply with any provisions of this Act with respect to any person is liable to that person in an amount equal to the sum of:

2.Considerations affecting liability. In determining the amount of liability in any action under subsection 1 or 1‑A, the court shall consider, among other relevant factors:

3.Defenses. A debt collector or debt buyer may not be held liable in any action brought under this chapter if the debt collector or

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1.
Failure to comply with this Act.
Except as otherwise provided by this section, any debt collector who fails to comply with any provisions of this Act with respect to any person is liable to that person in an amount equal to the sum of:
1-A.
Failure to comply with this Act by a debt buyer.
Except as otherwise provided by this section, any debt buyer who fails to comply with any provisions of this Act with respect to any person is liable to that person in an amount equal to the sum of:
2.
Considerations affecting liability.
In determining the amount of liability in any action under subsection 1 or 1‑A, the court shall consider, among other relevant factors:
3.
Defenses.
A debt collector or debt buyer may not be held liable in any action brought under this chapter if the debt collector or debt buyer shows, by a preponderance of evidence, that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
4.
Action to enforce liability.
An action to enforce liability under this section shall be brought within one year from the date on which the violation occurs.
5.
Action in good faith.
No provision of this section imposing any liability may apply to any act done or omitted in good faith in conformity with any rule or advisory ruling of the superintendent, notwithstanding that, after the act or omission has occurred, the rule or advisory ruling is amended, rescinded, repealed or determined by judicial or other authority to be invalid for any reason.