Maine Statute | Act | Code |Title 10. Commerce And Trade| US Code - US Statute | Chapter 225. Telephone Solicitation (heading. Pl 1995, C. 334, @1 (rpr))

Title 10 - §1498. Automated telephone solicitation prohibited; exceptions; penalties

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 225: TELEPHONE SOLICITATION (HEADING: PL 1995, c. 334, @1 (rpr))

§1498. Automated telephone solicitation prohibited; exceptions; penalties

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

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C. Any unlisted, unpublished, toll-free long distance or direct inward dial telephone number within the State.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).]

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. [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).]

7. Registration. [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).]

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 - §1499-A. Telemarketing; prohibition on number blocking

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 225: TELEPHONE SOLICITATION (HEADING: PL 1995, c. 334, @1 (rpr))

§1499-A. Telemarketing; prohibition on number blocking

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

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); §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); §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); §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); §2 (aff).]

[2003, c. 70, §1 (new); §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); §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); §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); §2 (aff).]

[2003, c. 70, §1 (new); §2 (aff).]

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 - §1499. Telephone solicitation

Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 225: TELEPHONE SOLICITATION (HEADING: PL 1995, c. 334, @1 (rpr))

§1499. Telephone solicitation

1. Prohibition. A person or entity may not initiate a solicitation call to a residential telephone subscriber in this State who has notified that person or entity, pursuant to Federal Communications Commission Regulations, 47 Code of Federal Regulations, Part 64, Section 64.1200, Paragraph e, as in effect on January 1, 1995, of the subscriber's wish not to receive solicitation calls made by or on behalf of that person or entity. [1995, c. 334, §2 (new).]

2. Civil action. A person within this State who has received within any 12-month period more than one telephone call in violation of subsection 1 by or on behalf of the same person or entity may bring an action in an appropriate state court for either or both of the following:

A. An injunction to stop future calls; or [1995, c. 334, §2 (new).]

B. Recovery of actual monetary losses from each violation or up to $500 in damages for each violation, whichever is greater. [1995, c. 334, §2 (new).]

It is an affirmative defense in any action brought under this subsection that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of subsection 1. If the court finds that the defendant willfully or knowingly violated subsection 1, 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. [1995, c. 334, §2 (new).]

3. Attorney General action. Whenever the Attorney General has reason to believe that any person within this State has engaged or is engaging in a pattern or practice of telephone calls in violation of subsection 1, the Attorney General may bring a civil action on behalf of consumers for either or both of the following:

A. An injunction to stop future calls; or [1995, c. 334, §2 (new).]

B. Recovery of actual monetary losses from each violation or up to $500 in damages for each violation. [1995, c. 334, §2 (new).]

If the court finds the defendant willfully or knowingly violated subsection 1, 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. [1995, c. 334, §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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