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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 10. COMMERCE AND TRADE
Chapter : Chapter 205. UNFAIR SALES ACT
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Title 10 - §1201. Short title
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 205: UNFAIR SALES ACT
§1201. Short title
This chapter shall be known and may be cited as the "Unfair Sales Act."
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1203. Exceptions
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 205: UNFAIR SALES ACT
§1203. Exceptions
This chapter shall not apply with respect to advertising or offering to sell, or selling, at retail or at wholesale, as the
case may be, if done:
1. Isolated transaction. In an isolated transaction and not in the usual course of business;
2. Clearance sales. Where merchandise is sold in bona fide clearance sales, if advertised or offered for sale as such or marked and sold as such,
or where merchandise is marked down in an effort to sell the same after bona fide efforts to sell the same prior to such markdown;
3. Perishable merchandise. Where perishable merchandise must be sold promptly in order to forestall loss;
4. Imperfect or damaged merchandise. Where merchandise is imperfect or damaged or its sale is being discontinued, if advertised or offered for sale as such or
marked and sold as such;
5. Final liquidation of business. Where merchandise is advertised or offered for sale or sold upon the final liquidation of any business;
6. Charitable purposes. Where merchandise is advertised or offered for sale or sold for charitable purposes or to relief agencies;
7. Sold to State, political subdivisions. Where merchandise is sold on contract to any department, board or commission of the State or of any political subdivision
thereof, or to any institution maintained thereby;
8. Price in good faith to meet competition. Where the price of merchandise is made in good faith to meet legal competition;
9. Order of court. Where merchandise is advertised or offered for sale or sold by any fiduciary or other officer acting under the order or direction
of any court.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1204-A. Unlawful practices
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 205: UNFAIR SALES ACT
§1204-A. Unlawful practices
It is unlawful for any person engaged in the distribution or sale of merchandise of general use or consumption to sell such
merchandise at less than the cost thereof to such vendor with the purpose or intent to injure competitors or destroy competition.
Any merchandise offered for sale at a price below cost shall be prominently displayed in the outlet offering the same in sufficient
quantities to meet the usual and reasonable expected demand therefor.
[1965, c. 305 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1204. Applicability of provisions
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 205: UNFAIR SALES ACT
§1204. Applicability of provisions
This chapter shall prevail whenever the application of any provision of any other law of this State, other than Title 7, chapter
603-A, conflicts with the application of any provision of this chapter.
[1983, c. 484, §3 (amd.)]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1205. Bill in equity by injured person
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 205: UNFAIR SALES ACT
§1205. Bill in equity by injured person
1. Injunctive relief; damages and costs. Any person damaged or who is threatened with loss or injury by reason of a violation or threatened violation of this chapter
may bring a civil action in the Superior Court in the county where he resides, to prevent, restrain or enjoin such violation
or threatened violation. If in such action a violation or threatened violation of this chapter shall be established, the court
may enjoin and restrain or otherwise prohibit such violation or threatened violation. In such action it shall not be necessary
that actual damages to the plaintiff be alleged or proved. In addition to such injunctive relief, the plaintiff in said action
shall be entitled to recover from the defendant 3 times the amount of actual damages by him sustained and the costs of the
action including reasonable attorneys' fees.
2. Damages only. In the event no injunctive relief is sought or required, any person injured by a violation of this chapter may maintain an
action for damages alone in the Superior Court in the county where he resides and the measure of damages in such action shall
be the same as prescribed in subsection 1.
3. Evidence of intent to injure. In all proceedings under this section, proof of consistent and repeated advertisements, offers to sell or sales of any items
of merchandise by any retailer or wholesaler at less than cost to them as defined in this chapter, said advertisements, offers
to sell and sales thereby forming a pattern of sales below cost, shall be prima facie evidence of intent to injure competitors
and destroy competition.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1206. Sale of cigarettes (REPEALED)
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 205: UNFAIR SALES ACT
§1206. Sale of cigarettes (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1207. Penalties
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 205: UNFAIR SALES ACT
§1207. Penalties
Any retailer who, with intent to injure competitors or destroy competition, advertises, offers to sell or sells at retail
any item of merchandise at less than cost to the retailer, or any wholesaler who, with intent as aforesaid, advertises, offers
to sell or sells at wholesale any item of merchandise at less than cost to the wholesaler shall be punished by a fine of not
more than $500. In all prosecutions under this section, proof of consistent and repeated advertisements, offers to sell or
sales of any items of merchandise by any retailer or wholesaler at less than cost to them as defined in this chapter, said
advertisements, offers to sell and sales thereby forming a pattern of sales below cost, shall be prima facie evidence of intent
to injure competitors and destroy competition.
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1208. Summons
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 205: UNFAIR SALES ACT
§1208. Summons
1. Authority. Whenever the Attorney General reasonably believes that a violation of section 1204-A may be occurring in the sale of motor
fuel, he may require by summons the attendance and testimony of witnesses and the production of books and papers before him
relating to any and all costs of operation of any motor fuel retailer or wholesaler.
[1981, c. 423, § 1 (new).]
2. Penalty. Any person who fails to comply with a summons issued under this section is subject to a civil penalty of not more than $5,000,
payable to the State to be recovered in a civil action.
[1981, c. 423, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1209. Reports
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 205: UNFAIR SALES ACT
§1209. Reports
1. Requirement. Whenever the price of motor fuel sold at a retail outlet operated or controlled by a wholesaler of motor fuel is less than
the dealer tankwagon price charged for the same motor fuel to any independent retail outlet supplied by the wholesaler and
located within one mile of the wholesaler's outlet, the wholesaler shall file a written report with the Attorney General setting
forth the information specified in subsection 2. This section shall apply only when the price at the wholesaler's outlet is
less, for one full business day, than the most recent dealer tankwagon price to the independent outlet, provided that such
sale was made to the independent retail outlet within 30 days prior to the date the lower price was posted by the wholesaler.
"Dealer tankwagon price" means the wholesaler's price for motor fuel delivered to the independent retail outlet.
[1981, c. 423, § 2 (new).]
2. Contents. The report required from the wholesaler shall contain the following information:
A. The date on which the underpricing occurred;
[1981, c. 423, § 2 (new).]
B. The name and location of the wholesaler's retail outlet;
[1981, c. 423, § 2 (new).]
C. The wholesale cost of the motor fuel sold at that outlet;
[1981, c. 423, § 2 (new).]
D. The retail price the wholesaler charged on the date the underpricing occurred;
[1981, c. 423, § 2 (new).]
E. The name and location of the independent outlet which the wholesaler has underpriced;
[1981, c. 423, § 2 (new).]
F. The most recent dealer tankwagon price and date of sale to the independent retail outlet; and
[1981, c. 423, § 2 (new).]
G. The retail price of the independent on the date the underpricing occurred.
[1981, c. 423, § 2 (new).]
The report shall be filed by postmarking it within 5 business days of the date on which the underpricing occurred.
[1981, c. 423, § 2 (new).]
3. Penalty. Any person who fails to file a report as required by this section shall be subject to a penalty of not more than $500 a day
for each day after the first 5 business days on which he fails to file a report by postmarking it. The penalty shall be payable
to the State and recoverable in a civil action.
[1981, c. 423, § 2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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