LD 1317
pg. 9
Page 8 of 11 An Act To Strengthen Maine's "Do Not Call" List Page 10 of 11
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LR 128
Item 1

 
(1)__To enjoin the violation; or

 
(2)__For damages in an amount equal to the person's
actual monetary loss from the violation or $500 for
each violation, whichever is greater.

 
If the court finds that the defendant willfully or
knowingly violated section 14752, 14753 or 14754, the
court may increase the amount of the award to an amount
equal to not more than 3 times the amount available under
subparagraph (2).

 
5.__Venue.__Venue for an action based on a violation of this
subchapter is in the county where the telemarketing call was
made or received or, if brought by the Attorney General or a
state agency, in Kennebec County.

 
6.__Determination of penalties.__The amount of a civil or
administrative penalty imposed under this section must be
based on:

 
A.__The seriousness of the violation, including the
nature, circumstances, extent and gravity of the
violation;

 
B.__The history of previous violations;

 
C.__The amount necessary to deter a future violation;

 
D.__Efforts to correct the violation; and

 
E.__Any other matter that justice may require.

 
§14758.__Rulemaking

 
The Attorney General shall adopt rules to administer this
subchapter.__Rules adopted pursuant to this section are major
substantive rules as defined in Title 5, chapter 375,
subchapter 2-A.__The rules must:

 
1.__Information dissemination.__Require each local exchange
telephone company to inform its customers of the requirements
of this subchapter by annual inserts in billing statements
mailed to customers or conspicuous publication of the notice
in the consumer information pages of local telephone
directories or other appropriate notice to consumers.__The
Attorney General may conduct educational programs designed to
inform the public of their rights and telemarketers of their
obligations under this subchapter;


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