| | | 2.__Attorney General's duties.__Except as provided in | | subsection 3, the Attorney General shall receive and | | investigate complaints concerning violations of section 14752, | | 14753, 14754 or 14756 and file civil enforcement actions | | seeking injunctive relief, attorney's fees and civil penalties | | in an amount not to exceed $1,000 for each violation.__If the | | court finds the defendant willfully or knowingly violated | | section 14752, 14753, 14754 or 14756, the court may increase | | the amount of the civil penalties to an amount not to exceed | | $3,000 for each violation.__A violation of section 14752, | | 14753, 14754 or 14756 is subject to enforcement action by the | | Attorney General's consumer protection division.__If the | | complaint alleges that the person violating section 14752, | | 14753, 14754 or 14756 is a telecommunications provider, the | | Attorney General has exclusive jurisdiction, notwithstanding | | subsection 3, over the violation alleged in the complaint, | | except that this does not affect the right of a consumer to | | bring an action under subsection 4. |
|
| | | 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 section 14752, 14753, | | 14754 or 14756 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 any of those sections, 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 no-contact 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 |
|
|
