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§11-105
Title 9-A: MAINE CONSUMER CREDIT CODE
Article 11: RENTAL-PURCHASE PRACTICES
§11-107

§11-106. Inapplicability of other laws; exempt transactions

1.  A rental-purchase agreement that complies with this Article is not considered or governed by the laws related to:  
A. A "home solicitation sale" as defined in section 3‑501;   [PL 1991, c. 787 (NEW).]
B. A "consumer credit sale" as defined in section 1‑301, subsection 11; except that the following sections of the Maine Consumer Credit Code apply: section 1‑107, waiver, agreement to forego rights, settlement of claims; section 1‑111, record retention; section 1‑201, territorial application; section 1‑202, exclusions; section 1‑203, jurisdiction and service of process; section 2‑507, attorney's fees and collection costs; section 3‑202, notice to consumer; section 3‑203, notice of assignment; section 3‑305, no assignment of earnings; section 3‑306, authorization to confess judgment prohibited; section 3‑307, certain negotiable instruments prohibited; section 3‑309, referral sales; section 3‑403, assignee subject to defenses; section 5‑104, no garnishment before judgment; section 5‑105, limitation on garnishment; section 5‑106, no discharge from employment for garnishment; section 5‑112, creditor's right to take possession after default; section 5‑113, venue; section 5‑114, stay of enforcement of judgment; section 5‑115, misrepresentation; section 5‑116, illegal, fraudulent or unconscionable conduct in attempted collection of debts; section 5‑117, prohibited practices; section 5‑201, effect of violations on rights of parties; section 5‑202, refunds and penalties as setoff to obligation; section 5‑301, violations; Article VI in its entirety, except that the term "original unpaid balances arising from consumer credit transactions" described in section 6‑203, subsection 2 means "gross rental receipts from rental-purchase agreements" for purposes of administration of this Article; Article 8‑A requirements related to model forms; and Federal Truth in Lending Act, 15 United States Code, Section 1666a requirements related to credit reports;   [PL 2011, c. 427, Pt. D, §15 (AMD).]
C. A "consumer lease" as defined in section 1‑301, subsection 13;   [PL 1991, c. 787 (NEW).]
D. A "sale of goods" as defined in section 1‑301, subsection 33; or   [PL 1991, c. 787 (NEW).]
E. A "security interest" as defined in Title 11, section 1‑1201, subsection (35).   [PL 2021, c. 676, Pt. A, §11 (AMD).]
[PL 2021, c. 676, Pt. A, §11 (AMD).]
2.  This Article does not apply to:  
A. A rental-purchase agreement made primarily for business, commercial or agricultural purposes or made with a governmental agency or instrumentality;   [PL 1991, c. 787 (NEW).]
B. A lease of a safe-deposit box;   [PL 1991, c. 787 (NEW).]
C. A lease or bailment of personal property that is incidental to the lease of real property and does not provide the consumer with an option to purchase the leased property;   [PL 1991, c. 787 (NEW).]
D. A lease of an automobile; or   [PL 1991, c. 787 (NEW).]
E. A lease of real estate.   [PL 1991, c. 787 (NEW).]
[PL 1991, c. 787 (NEW).]
SECTION HISTORY
PL 1991, c. 787 (NEW). PL 2011, c. 427, Pt. D, §15 (AMD). PL 2021, c. 676, Pt. A, §11 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes · 7 State House Station · State House Room 108 · Augusta, Maine 04333-0007
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