LD 1317
pg. 8
Page 7 of 11 An Act To Strengthen Maine's "Do Not Call" List Page 9 of 11
Download Bill Text
LR 128
Item 1

 
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.

 
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.

 
4.__Consumer cause of action.__A consumer may bring a cause
of action against a telemarketer as provided in this
subsection.

 
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:

 
(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

 
(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.

 
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.

 
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:


Page 7 of 11 Top of Page Page 9 of 11