Sec. 1. 10 MRSA c. 225, as amended, is repealed.

Sec. 2. 32 MRSA §14716, sub-§3, as enacted by PL 2001, c. 324, §12, is repealed.

Sec. 3. 32 MRSA c. 128, sub-c. 3 is enacted to read:

SUBCHAPTER 3

TELEMARKETING AND E-MAIL REGULATION

§14751.__Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__Automated telephone calling device.__"Automated telephone calling device" means any system or equipment that selects, dials or calls telephone numbers and plays recorded messages.

2.__Caller identification service.__"Caller identification service" means a service or device designed to provide the user of the service or device with the telephone number of an incoming telephone call.

3.__Consumer good or service.__"Consumer good or service" means property of any kind that is normally used for personal, family or household purposes.__"Consumer good or service" does not include a security as defined in Title 11, section 8-1102.

4.__E-mail.__"E-mail" means electronic mail sent or delivered by transmission over the Internet.

5.__E-mail service provider.__"E-mail service provider" means a business or organization qualified to do business in this State that provides individuals, corporations or other entities the ability to send or receive e-mail through equipment located in this State or that is an intermediary in sending or receiving e-mail.

6.__Established business relationship.__"Established business relationship" means a prior or existing relationship of a person formed by a voluntary 2-way communication between a person and a consumer, regardless of whether consideration is exchanged, regarding consumer goods or services offered by the person that has not been terminated by either party.