LD 1317
pg. 4
Page 3 of 11 An Act To Strengthen Maine's "Do Not Call" List Page 5 of 11
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LR 128
Item 1

 
B.__Any paging or cellular phone within the State; or

 
C.__Any unlisted, unpublished, toll-free long distance
telephone number within the State.

 
2.__Restriction.__A person may not use an automated
telephone calling device to make telemarketing 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 telemarketing 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.

 
3.__Caller identification.__Persons making telemarketing
calls restricted under the provisions of subsection 2 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.

 
4.__Prima facie violation.__Use of any automated telephone
calling device that calls telephone numbers sequentially and
can not 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.

 
5.__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;

 
B.__Respond to a telephone inquiry initiated by the person
to whom the automated call is directed; or

 
C.__Carry out the duties of any state or local
governmental unit.

 
6.__Failure to produce transcript.__A person using an
automated telephone calling device for making telemarketing
calls shall maintain a full transcript of each telemarketing
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.

 
§14753.__Interference with caller identification service


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