Article VI, Part I applies to debt management services.

§12-307.__Rulemaking

The administrator may adopt rules pursuant to Title 5, chapter 375 and in accordance with this Article.__Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A.

PART 4

REMEDIES AND PENALTIES

§12-401.__Effects of violations on rights of parties

Any debt management service that violates any provision of this Title or any rule issued by the administrator or that through any unfair, unconscionable or deceptive practice causes actual damage to a consumer is subject to the following:

1.__After notice and hearing, a cease and desist order from the administrator;

2.__After notice and hearing, forfeiture of such portion of the required bond as proportionately may make aggrieved parties whole;

3.__A civil action by the administrator through the Attorney General, after which a court may assess a civil penalty of not more than $5,000;

4.__A civil action by an aggrieved consumer in which that consumer has the right to recover actual damages from the debt management service in an amount determined by the court plus costs of the action together with reasonable attorney's fees; and

5.__Revocation, suspension or nonrenewal of the debt management service's registration pursuant to section 2-303.

Sec. 2. 17 MRSA §701, as amended by PL 1971, c. 424, §8, is repealed and the following enacted in its place:

§701.__Business prohibited

1.__Budget planning.__Except as provided in subsection 2, a person, firm, association or corporation may not engage in the business of budget planning.

2.__Prohibition.__This chapter does not apply to: