An Act To Amend the Uniform Deceptive Trade Practices Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §1212, sub-§1, as amended by PL 1973, c. 625, §53, is further amended to read:
1. Lists. A person engages in a deceptive trade practice when, in the course of his the person's business, vocation or occupation, he the person:
A. Passes off goods or services as those of another;
B. Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services;
C. Causes likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by, another;
D. Uses deceptive representations or designations of geographic origin in connection with goods or services;
E. Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have, or that a person has a sponsorship, approval, status, affiliation or connection that he the person does not have;
F. Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;
G. Represents that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another;
H. Disparages the goods, services or business of another by false or misleading representation of fact;
H-1. Pays a person to post an online review to disparage or praise goods, services or a business;
H-2. Posts an online review that disparages or praises goods, services or a business and the person is paid or contracted to do so;
I. Advertises goods or services with intent not to sell them as advertised;
J. Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
K. Makes false or misleading statements of fact concerning the reasons for, existence of or amounts of , price reductions; or
L. Engages in any other conduct which that similarly creates a likelihood of confusion or of misunderstanding.
summary
This bill amends the Uniform Deceptive Trade Practices Act by prohibiting a person from posting online reviews that disparage or praise goods, services or a business if that person is paid or contracted to disparage or praise the goods, services or business and by prohibiting a person from paying for such reviews.