LD 585
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LD 585 Title Page An Act to Remove Telemarketers from the Application of the Consumer Solicitatio... Page 2 of 2
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LR 1257
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 32 MRSA §4662, as amended by PL 1987, c. 202, §2, is
further amended to read:

 
§4662. Contents of contract

 
Where merchandise is sold or contracted to be sold, whether
under a single contract or under multiple contracts, to a
consumer as a result of or in connection with a salesman's direct
contact accomplished by means of and including, but not limited
to, a salesperson's personal visit or a telephone call upon the
consumer or other face-to-face contact with the consumer, other
than at the seller's place of business, without the consumer
soliciting the initial contact, the contract shall must be in
writing, bear the signature of the seller and the consumer,
contain the date of the transaction, the terms of the sale or
offer, the name and the mailing address of the seller's permanent
place of business, a statement of the consumer's right to avoid
as provided in this subchapter and a statement of the limitation
contained in section 4664-A. A completely executed copy of the
contract or agreement shall must be furnished by the seller to
the consumer immediately after the consumer signs the agreement
or contract.

 
Sec. 2. 32 MRSA §4663, as repealed and replaced by PL 1977, c. 331,
is amended to read:

 
§4663. Consumer's right of avoidance

 
Where merchandise is sold or contracted to be sold, whether
under a single contract or under multiple contracts, to a
consumer as a result of or in connection with a salesman's direct
contact accomplished by means of and including, but not limited
to, a salesperson's personal visit or a telephone call, upon the
consumer or other face-to-face contact with the consumer, other
than at the seller's place of business, without the consumer
soliciting the initial contact or sale, the consumer may void the
contract or sale by giving notice of his the consumer's intention
not to be bound by the contract or sale and returning or making
available for return any merchandise delivered pursuant to the
terms of this subchapter.

 
Sec. 3. 32 MRSA §4690-A, sub-§4, as enacted by PL 1999, c. 694, §4, is
amended to read:

 
4. Other applicable law. A transient seller of consumer
merchandise who is a telemarketer, as defined in the Federal
Trade Commission's Telemarketing Sales Rule, 16 Code of Federal
Regulations, Section 310.2, as in effect on January 1, 2000, is


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