| |  | | For purposes of this subsection, "telecommunications provider" |  | means a local exchange carrier, a commercial mobile radio |  | service provider, as defined in 47 United States Code, Section |  | 332(d), an employee of a local exchange carrier or commercial |  | mobile radio service provider acting within the scope of the |  | employee's employment or an agent of a local exchange carrier |  | or commercial mobile radio service provider acting within the |  | scope of the agent's agency. | 
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 |  | |  | 3.__State agency duties.__A state agency that issues a |  | license to a state licensee shall receive and investigate |  | complaints concerning violations of this subchapter by the |  | licensee, may assess an administrative penalty not to exceed |  | $1,000 for each violation and may order restitution of any |  | monetary damages of the complainant.__In addition, if the |  | agency finds that the licensee willfully or knowingly violated |  | this subchapter, the agency may suspend or revoke the |  | licensee's license.__All administrative fees collected |  | pursuant to this subsection accrue to the Department of the |  | Attorney General for use by the Attorney General for |  | enforcement and administration of this subchapter. | 
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 |  | |  | 4.__Consumer cause of action.__A consumer may bring a cause |  | of action against a telemarketer as provided in this |  | subsection. | 
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 |  | | A.__A consumer on the Maine do-not-call list may bring a |  | civil action based on the 2nd or a subsequent violation of |  | section 14756 if: | 
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 |  | | (1)__The consumer has notified the telemarketer of |  | the alleged violation and, not later than the 30th |  | day after the date of the call, files a verified |  | complaint setting forth the relevant facts |  | surrounding the violation with the Attorney General |  | or a state agency that licenses the person making the |  | call; and | 
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 |  | | (2)__The Attorney General or a state agency receiving |  | the complaint fails to initiate an administrative |  | action or a civil enforcement action, as appropriate, |  | against the telemarketer named in the complaint |  | before the 121st day after the date the complaint is |  | filed. | 
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 |  | | If the consumer brings an action based on a violation of |  | section 14756 and the court finds that the defendant |  | willfully or knowingly violated section 14756, the court |  | may award damages in an amount not to exceed $500 for each |  | violation. | 
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 |  | | B.__Notwithstanding this subsection or subsection 2 or 3, |  | a consumer may bring a private right of action based on a |  | violation of section 14752, 14753 or 14754: | 
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