.

State2009 Statute Number 2009 Statute Language2010 Statute Number 2010 Statute Language

.

Maine5 Me. Rev. Stat. Ann. § 205-AThis chapter will be known as and may be cited as the Maine Unfair Trade Practices Act.5 Me. Rev. Stat. Ann. § 205-AThis chapter will be known as and may be cited as the Maine Unfair Trade Practices Act.

.

5 Me. Rev. Stat. Ann. § 206.
Defintions.
The following words, as used in this chapter, unless the context otherwise requires or a different meaning is specifically required, shall mean:
1. Documentary material. "Documentary material" shall include the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription or other tangible document or recording wherever situate.
2. Person. "Person" shall include, where applicable, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity.
3. Trade and commerce. "Trade" and "commerce" shall include the advertising, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this State.
5 Me. Rev. Stat. Ann. § 206.
Defintions.
The following words, as used in this chapter, unless the context otherwise requires or a different meaning is specifically required, shall mean:
1. Documentary material. "Documentary material" shall include the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription or other tangible document or recording wherever situate.
2. Person. "Person" shall include, where applicable, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entity.
3. Trade and commerce. "Trade" and "commerce" shall include the advertising, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, personal or mixed, and any other article, commodity or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this State.

.

5 Me. Rev. Stat. Ann. § 207.
Unlawful acts and conduct.
Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are declared unlawful.
1. Intent. It is the intent of the Legislature that in construing this section the courts will be guided by the interpretations given by the Federal Trade Commission and the Federal Courts to Section 45(a)(1) of the Federal Trade Commission Act (15 United States Code 45(a)(1)), as from time to time amended.
2. Rules and regulations. The Attorney General may make rules and regulations interpreting this section. Such rules and regulations shall not be inconsistent with the rules, regulations and decisions of the Federal Trade Commission and the Federal Courts interpreting the provisions of 15 U.S.C. 45(a)(1) (The Federal Trade Commission Act) as from time to time amended. Evidence of a violation of a rule or regulation made by the Attorney General shall constitute prima facie evidence of an act or practice declared to be unlawful by this chapter in any action thereafter brought under this chapter.
5 Me. Rev. Stat. Ann. § 207.
Unlawful acts and conduct.
Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are declared unlawful.
1. Intent. It is the intent of the Legislature that in construing this section the courts will be guided by the interpretations given by the Federal Trade Commission and the Federal Courts to Section 45(a)(1) of the Federal Trade Commission Act (15 United States Code 45(a)(1)), as from time to time amended.
2. Rules and regulations. The Attorney General may make rules and regulations interpreting this section. Such rules and regulations shall not be inconsistent with the rules, regulations and decisions of the Federal Trade Commission and the Federal Courts interpreting the provisions of 15 U.S.C. 45(a)(1) (The Federal Trade Commission Act) as from time to time amended. Evidence of a violation of a rule or regulation made by the Attorney General shall constitute prima facie evidence of an act or practice declared to be unlawful by this chapter in any action thereafter brought under this chapter.

.

5 Me. Rev. Stat. Ann. § 208.
Exceptions.
Nothing in this chapter shall apply to:
1. Regulatory boards. Transactions or actions otherwise permitted under laws as administered by any regulatory board or officer acting under statutory authority of the State or of the United States. This exception applies only if the defendant shows that:
A. Its business activities are subject to regulation by a state or federal agency; and
B. The specific activity that would otherwise constitute a violation of this chapter is authorized, permitted or required by a state or federal agency or by applicable law, rule or regulation or other regulatory approval.
5 Me. Rev. Stat. Ann. § 208.
Exceptions.
Nothing in this chapter shall apply to:
1. Regulatory boards. Transactions or actions otherwise permitted under laws as administered by any regulatory board or officer acting under statutory authority of the State or of the United States. This exception applies only if the defendant shows that:
A. Its business activities are subject to regulation by a state or federal agency; and
B. The specific activity that would otherwise constitute a violation of this chapter is authorized, permitted or required by a state or federal agency or by applicable law, rule or regulation or other regulatory approval.

.

5 Me. Rev. Stat. Ann. § 209.
Injunction; procedures.
Whenever the Attorney General has reason to believe that any person is using or is about to use any method, act or practice declared by section 207 to be unlawful, and that proceedings would be in the public interest, he may bring an action in the name of the State against such person to restrain by temporary or permanent injunction the use of such method, act or practice and the court may make such other orders or judgments as may be necessary to restore to any person who has suffered any ascertainable loss by reason of the use or employment of such unlawful method, act or practice, any moneys or property, real or personal, which may have been acquired by means of such method, act or practice. At least 10 days prior to commencement of any action under this section, the Attorney General shall notify the person of his intended action, and give the person an opportunity to confer with the Attorney General in person or by counsel or other representative as to the proposed action. Notice shall be given the person by mail, postage prepaid, sent to his usual place of business, or if he has no usual place of business, to his last known address. The Attorney General may proceed without notice as required by this section upon a showing of facts by affidavit of immediate irreparable harm to the consumers of the State. The action may be brought in the Superior Court of the county in which such person resides or has his principal place of business, or may be brought in the Superior Court of Kennebec County. The said courts are authorized to issue temporary or permanent injunctions to restrain and prevent violations of this chapter. Any district attorney or law enforcement officer, receiving notice of any alleged violation of this chapter, shall immediately forward written notice of the same with any other information that he may have to the office of the Attorney General. Any person who violates the terms of an injunction issued under this section shall forfeit and pay to the State, to be applied in the carrying out of this chapter, a civil penalty of not more than $10,000 for each violation. For the purposes of this section, the court issuing such injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General acting in the name of the State may petition for recovery of such civil penalty. In any action under this section where a permanent injunction is issued, the court may order the person against whom the permanent injunction has been issued to pay to the State the costs of the investigation of that person by the Attorney General and the costs of the suit, which funds shall accrue to the General Fund.

In any action under this section where a permanent injunction is denied, the court may order the State to pay the costs of the defense of the prevailing party or parties and the costs of the suit upon a finding by the court that the action was frivolous.

In any action by the Attorney General brought against the defendant for violating the terms of an injunction issued under this section, the court may make such orders or judgments as may be necessary to restore to any persons who have suffered any ascertainable loss by reason of such conduct found to be in violation of an injunction, any money or property, real or personal, which may have been acquired by means of such conduct. Each intentional violation of section 207 in which the Attorney General establishes that the conduct giving rise to the violation is either unfair or deceptive is a violation for which a civil penalty of not more than $10,000 shall be adjudged. The Attorney General may seek to recover civil penalties for violations of section 207 which are intentional and are unfair or deceptive. The Attorney General in seeking civil penalties has the burden of proving that the conduct was intentional and was unfair or deceptive notwithstanding any other statute which declares a violation of that statute an unfair trade practice. These penalties shall be applied in the carrying out of this chapter.
5 Me. Rev. Stat. Ann. § 209.
Injunction; procedures.
Whenever the Attorney General has reason to believe that any person is using or is about to use any method, act or practice declared by section 207 to be unlawful, and that proceedings would be in the public interest, he may bring an action in the name of the State against such person to restrain by temporary or permanent injunction the use of such method, act or practice and the court may make such other orders or judgments as may be necessary to restore to any person who has suffered any ascertainable loss by reason of the use or employment of such unlawful method, act or practice, any moneys or property, real or personal, which may have been acquired by means of such method, act or practice. At least 10 days prior to commencement of any action under this section, the Attorney General shall notify the person of his intended action, and give the person an opportunity to confer with the Attorney General in person or by counsel or other representative as to the proposed action. Notice shall be given the person by mail, postage prepaid, sent to his usual place of business, or if he has no usual place of business, to his last known address. The Attorney General may proceed without notice as required by this section upon a showing of facts by affidavit of immediate irreparable harm to the consumers of the State. The action may be brought in the Superior Court of the county in which such person resides or has his principal place of business, or may be brought in the Superior Court of Kennebec County. The said courts are authorized to issue temporary or permanent injunctions to restrain and prevent violations of this chapter. Any district attorney or law enforcement officer, receiving notice of any alleged violation of this chapter, shall immediately forward written notice of the same with any other information that he may have to the office of the Attorney General. Any person who violates the terms of an injunction issued under this section shall forfeit and pay to the State, to be applied in the carrying out of this chapter, a civil penalty of not more than $10,000 for each violation. For the purposes of this section, the court issuing such injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the Attorney General acting in the name of the State may petition for recovery of such civil penalty. In any action under this section where a permanent injunction is issued, the court may order the person against whom the permanent injunction has been issued to pay to the State the costs of the investigation of that person by the Attorney General and the costs of the suit, which funds shall accrue to the General Fund.

In any action under this section where a permanent injunction is denied, the court may order the State to pay the costs of the defense of the prevailing party or parties and the costs of the suit upon a finding by the court that the action was frivolous.

In any action by the Attorney General brought against the defendant for violating the terms of an injunction issued under this section, the court may make such orders or judgments as may be necessary to restore to any persons who have suffered any ascertainable loss by reason of such conduct found to be in violation of an injunction, any money or property, real or personal, which may have been acquired by means of such conduct. Each intentional violation of section 207 in which the Attorney General establishes that the conduct giving rise to the violation is either unfair or deceptive is a violation for which a civil penalty of not more than $10,000 shall be adjudged. The Attorney General may seek to recover civil penalties for violations of section 207 which are intentional and are unfair or deceptive. The Attorney General in seeking civil penalties has the burden of proving that the conduct was intentional and was unfair or deceptive notwithstanding any other statute which declares a violation of that statute an unfair trade practice. These penalties shall be applied in the carrying out of this chapter.

.

5 Me. Rev. Stat. Ann. § 210.
Discontinuance; costs.
In any case where the Attorney General has authority to institute an action or proceeding under section 209, in lieu thereof he may accept an assurance of discontinuance of any method, act or practice in violation of this chapter from any person alleged to be engaged or to have been engaged in such method, act or practice. Such assurance may include a stipulation for the voluntary payment by such person of the costs of investigation, or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved buyers, or both. Any such assurance of discontinuance shall be in writing and be filed with the Superior Court of Kennebec County. Matters thus closed may at any time be reopened by the Attorney General for further proceedings in the public interest. Evidence of a violation of such assurance shall constitute prima facie evidence of an act or practice declared to be unlawful by this chapter in any action thereafter brought under this chapter.5 Me. Rev. Stat. Ann. § 210.
Discontinuance; costs.
In any case where the Attorney General has authority to institute an action or proceeding under section 209, in lieu thereof he may accept an assurance of discontinuance of any method, act or practice in violation of this chapter from any person alleged to be engaged or to have been engaged in such method, act or practice. Such assurance may include a stipulation for the voluntary payment by such person of the costs of investigation, or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved buyers, or both. Any such assurance of discontinuance shall be in writing and be filed with the Superior Court of Kennebec County. Matters thus closed may at any time be reopened by the Attorney General for further proceedings in the public interest. Evidence of a violation of such assurance shall constitute prima facie evidence of an act or practice declared to be unlawful by this chapter in any action thereafter brought under this chapter.

.

5 Me. Rev. Stat. Ann. § 211.
Examination; notice requirements.
The Attorney General, whenever he believes any person to be or to have been in violation of this chapter, may examine or cause to be examined for that purpose, any books, records, papers and memoranda of whatever nature relevant to such alleged violation. The Attorney General may require the attendance of such person or of any other person having knowledge in the premises at any place in the county where such person resides or has a place of business or in Kennebec County if such person is a nonresident or has no place of business within the State, and may take testimony and require proof material for his information, and may administer oaths or take acknowledgement in respect of any book, record, paper or memorandum. The Attorney General shall serve notice of the time, place and cause of such examination or attendance at least 10 days prior to the date of such examination.

1. Service. Service of any such notice may be made by:
A. Delivering a duly executed copy thereof to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of such person;
B. Delivering a duly executed copy thereof to the principal place of business in this State of the person to be served; or
C. Mailing by registered or certified mail a duly executed copy thereof addressed to the person to be served at the principal place of business in this State or, if said person has no place of business in this State, to his principal office or place of business.

2. Contents. Each such notice shall:
A. State the time and place for taking the examination and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs;
B. State the statute and section thereof, the alleged violation of which is under investigation, and the general subject matter of the investigation;
C. Describe the class or classes of documentary material to be produced thereunder with reasonable specificity so as fairly to indicate the material demand;
D. Prescribe a return date within which the documentary material is to be produced; and
E. Identify the members of the Attorney General's staff to whom such documentary material is to be made available for inspection and copying.

3. Exceptions. No such notice shall:
A. Contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum issued by a court of this State; or
B. Require the disclosure of any documentary material that would be privileged or that for any other reason would not be required by a subpoena duces tecum issued by a court of this State.

4. Disclosure of documentary material. Documentary material demanded pursuant to this section must be produced for inspection, reproduction and copying during normal business hours at the principal office or place of business of the person served, in the county where that person resides or has a place of business, in Kennebec County if the person served is a nonresident or has no place of business within the State or at such other times and places as may be agreed upon by the person served and the Attorney General. Any book, record, paper, memorandum or other information produced by any person pursuant to this section, unless otherwise ordered by a court of this State for good cause shown, may not be disclosed to any person other than the authorized agent or representative of the Attorney General unless with the consent of the person producing the same, except that such material or information may be disclosed by the Attorney General in court pleadings or other papers filed in court.

5. Motion for additional time, to modify or set aside or grant protective order. At any time prior to the date specified in the notice or within 21 days after the notice has been served, whichever period is shorter, the court upon motion for good cause shown may extend that reporting date or modify or set aside that demand or grant a protective order in accordance with the standards set forth in the Maine Rules of Civil Procedure, Rule 26(c). The motion may be filed in the Superior Court of the county in which the person served resides or has a usual place of business or in Kennebec County.

6. Information not to be used in criminal proceeding. A person is not excused from attending and testifying or from producing documentary material in compliance with this section on the ground or for the reason that the testimony or other information, documentary or otherwise, may tend to incriminate that person or subject that person to a penalty or forfeiture. Testimony and other information obtained under the authority of this section and information directly or indirectly derived from such testimony or other information may not be used against a natural person who has testified or produced information under oath in compliance with this section in any criminal case except a prosecution for perjury, giving a false statement or otherwise failing to comply with a notice served upon that person under this section.

7. Cost of court reporter. At the request of the person under investigation or that person's attorney, any testimony taken pursuant to a demand or notice under this section must be recorded on a recording device or taken before a court reporter authorized to serve as such under the laws of the State. Upon request of either party, all such testimony taken or recorded must be transcribed by an authorized court reporter, and in that case the original transcript of that testimony must be preserved by the Attorney General. The cost of the taking or recording and transcription must be paid by the State. In the event the Attorney General or some other party obtains judgment against the party whose testimony is taken for a violation of section 207, the cost of the court reporter or recording and transcription may be recovered by the State in such a judgment.

8. Authority not applicable in criminal proceedings. This section is not applicable to any criminal proceeding brought under the laws of this State.
5 Me. Rev. Stat. Ann. § 211.
Examination; notice requirements.
The Attorney General, whenever he believes any person to be or to have been in violation of this chapter, may examine or cause to be examined for that purpose, any books, records, papers and memoranda of whatever nature relevant to such alleged violation. The Attorney General may require the attendance of such person or of any other person having knowledge in the premises at any place in the county where such person resides or has a place of business or in Kennebec County if such person is a nonresident or has no place of business within the State, and may take testimony and require proof material for his information, and may administer oaths or take acknowledgement in respect of any book, record, paper or memorandum. The Attorney General shall serve notice of the time, place and cause of such examination or attendance at least 10 days prior to the date of such examination.

1. Service. Service of any such notice may be made by:
A. Delivering a duly executed copy thereof to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of such person;
B. Delivering a duly executed copy thereof to the principal place of business in this State of the person to be served; or
C. Mailing by registered or certified mail a duly executed copy thereof addressed to the person to be served at the principal place of business in this State or, if said person has no place of business in this State, to his principal office or place of business.

2. Contents. Each such notice shall:
A. State the time and place for taking the examination and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs;
B. State the statute and section thereof, the alleged violation of which is under investigation, and the general subject matter of the investigation;
C. Describe the class or classes of documentary material to be produced thereunder with reasonable specificity so as fairly to indicate the material demand;
D. Prescribe a return date within which the documentary material is to be produced; and
E. Identify the members of the Attorney General's staff to whom such documentary material is to be made available for inspection and copying.

3. Exceptions. No such notice shall:
A. Contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum issued by a court of this State; or
B. Require the disclosure of any documentary material that would be privileged or that for any other reason would not be required by a subpoena duces tecum issued by a court of this State.

4. Disclosure of documentary material. Documentary material demanded pursuant to this section must be produced for inspection, reproduction and copying during normal business hours at the principal office or place of business of the person served, in the county where that person resides or has a place of business, in Kennebec County if the person served is a nonresident or has no place of business within the State or at such other times and places as may be agreed upon by the person served and the Attorney General. Any book, record, paper, memorandum or other information produced by any person pursuant to this section, unless otherwise ordered by a court of this State for good cause shown, may not be disclosed to any person other than the authorized agent or representative of the Attorney General unless with the consent of the person producing the same, except that such material or information may be disclosed by the Attorney General in court pleadings or other papers filed in court.

5. Motion for additional time, to modify or set aside or grant protective order. At any time prior to the date specified in the notice or within 21 days after the notice has been served, whichever period is shorter, the court upon motion for good cause shown may extend that reporting date or modify or set aside that demand or grant a protective order in accordance with the standards set forth in the Maine Rules of Civil Procedure, Rule 26(c). The motion may be filed in the Superior Court of the county in which the person served resides or has a usual place of business or in Kennebec County.

6. Information not to be used in criminal proceeding. A person is not excused from attending and testifying or from producing documentary material in compliance with this section on the ground or for the reason that the testimony or other information, documentary or otherwise, may tend to incriminate that person or subject that person to a penalty or forfeiture. Testimony and other information obtained under the authority of this section and information directly or indirectly derived from such testimony or other information may not be used against a natural person who has testified or produced information under oath in compliance with this section in any criminal case except a prosecution for perjury, giving a false statement or otherwise failing to comply with a notice served upon that person under this section.

7. Cost of court reporter. At the request of the person under investigation or that person's attorney, any testimony taken pursuant to a demand or notice under this section must be recorded on a recording device or taken before a court reporter authorized to serve as such under the laws of the State. Upon request of either party, all such testimony taken or recorded must be transcribed by an authorized court reporter, and in that case the original transcript of that testimony must be preserved by the Attorney General. The cost of the taking or recording and transcription must be paid by the State. In the event the Attorney General or some other party obtains judgment against the party whose testimony is taken for a violation of section 207, the cost of the court reporter or recording and transcription may be recovered by the State in such a judgment.

8. Authority not applicable in criminal proceedings. This section is not applicable to any criminal proceeding brought under the laws of this State.

.

5 Me. Rev. Stat. Ann. § 212.
Penalties.
A person upon whom a notice is served pursuant to section 211 shall comply with the terms thereof unless otherwise provided by the order of a court of this State. Any person who fails to appear, or with intent to avoid, evade or prevent compliance, in whole or in part, with any civil investigation under this section, removes from any place, conceals, withholds or destroys, mutilates, alters or by any other means falsifies any documentary material in the possession, custody or control of any person subject of any such notice, or knowingly conceals any relevant information, shall be subject to a civil penalty of not more than $5,000 payable to the State to be recovered in a civil action.

Whenever any person fails to comply with any notice served upon him under section 211, or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material, the Attorney General may file, in the Superior Court of the county in which such person resides or has his principal place of business or of Kennebec County, if such person is a nonresident or has no principal place of business in this State, and serve upon such person or in the same manner as provided in section 211 a petition for an order of such court for the enforcement of this section. Any disobedience of any final order entered under this section by any court shall be punished as a contempt thereof.
5 Me. Rev. Stat. Ann. § 212.
Penalties.
A person upon whom a notice is served pursuant to section 211 shall comply with the terms thereof unless otherwise provided by the order of a court of this State. Any person who fails to appear, or with intent to avoid, evade or prevent compliance, in whole or in part, with any civil investigation under this section, removes from any place, conceals, withholds or destroys, mutilates, alters or by any other means falsifies any documentary material in the possession, custody or control of any person subject of any such notice, or knowingly conceals any relevant information, shall be subject to a civil penalty of not more than $5,000 payable to the State to be recovered in a civil action.

Whenever any person fails to comply with any notice served upon him under section 211, or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material, the Attorney General may file, in the Superior Court of the county in which such person resides or has his principal place of business or of Kennebec County, if such person is a nonresident or has no principal place of business in this State, and serve upon such person or in the same manner as provided in section 211 a petition for an order of such court for the enforcement of this section. Any disobedience of any final order entered under this section by any court shall be punished as a contempt thereof.

.

5 Me. Rev. Stat. Ann. § 213.
Private remedies.
1. Court action. Any person who purchases or leases goods, services or property, real or personal, primarily for personal, family or household purposes and thereby suffers any loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice declared unlawful by section 207 or by any rule or regulation issued under section 207, subsection 2 may bring an action either in the Superior Court or District Court for actual damages, restitution and for such other equitable relief, including an injunction, as the court determines to be necessary and proper. There is a right to trial by jury in any action brought in Superior Court under this section.

1-A. Settlement offer. At least 30 days prior to the filing of an action for damages, a written demand for relief, identifying the claimant and reasonably describing the unfair and deceptive act or practice relied upon and the injuries suffered, must be mailed or delivered to any prospective respondent at the respondent's last known address. A person receiving a demand for relief, or otherwise a party to any litigation arising from the claim that is the subject of the court action, may make a written tender of settlement or, if a court action has been filed, an offer of judgment. If the judgment obtained in court by a claimant is not more favorable than any rejected tender of settlement or offer of judgment, the claimant may not recover attorney's fees or costs incurred after the more favorable tender of settlement or offer of judgment.
The demand requirement of this subsection does not apply if the claim is asserted by way of counterclaim or cross claim.

2. Fees and costs. If the court finds, in any action commenced under this section that there has been a violation of section 207, the petitioner shall, in addition to other relief provided for by this section and irrespective of the amount in controversy, be awarded reasonable attorney's fees and costs incurred in connection with said action.

3. Notices to Attorney General. Upon commencement of any action brought under subsection 1, the clerk of courts shall mail a copy of the complaint or other initial pleading to the Attorney General and upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the Attorney General.

4. Injunction as evidence. Any permanent injunction or order of the court issued under section 209 shall be prima facie evidence in an action brought under subsection 1 that the respondent used or employed an unfair or deceptive method, act or practice declared unlawful under section 207.
5 Me. Rev. Stat. Ann. § 213.
Private remedies.
1. Court action. Any person who purchases or leases goods, services or property, real or personal, primarily for personal, family or household purposes and thereby suffers any loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice declared unlawful by section 207 or by any rule or regulation issued under section 207, subsection 2 may bring an action either in the Superior Court or District Court for actual damages, restitution and for such other equitable relief, including an injunction, as the court determines to be necessary and proper. There is a right to trial by jury in any action brought in Superior Court under this section.

1-A. Settlement offer. At least 30 days prior to the filing of an action for damages, a written demand for relief, identifying the claimant and reasonably describing the unfair and deceptive act or practice relied upon and the injuries suffered, must be mailed or delivered to any prospective respondent at the respondent's last known address. A person receiving a demand for relief, or otherwise a party to any litigation arising from the claim that is the subject of the court action, may make a written tender of settlement or, if a court action has been filed, an offer of judgment. If the judgment obtained in court by a claimant is not more favorable than any rejected tender of settlement or offer of judgment, the claimant may not recover attorney's fees or costs incurred after the more favorable tender of settlement or offer of judgment.
The demand requirement of this subsection does not apply if the claim is asserted by way of counterclaim or cross claim.

2. Fees and costs. If the court finds, in any action commenced under this section that there has been a violation of section 207, the petitioner shall, in addition to other relief provided for by this section and irrespective of the amount in controversy, be awarded reasonable attorney's fees and costs incurred in connection with said action.

3. Notices to Attorney General. Upon commencement of any action brought under subsection 1, the clerk of courts shall mail a copy of the complaint or other initial pleading to the Attorney General and upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the Attorney General.

4. Injunction as evidence. Any permanent injunction or order of the court issued under section 209 shall be prima facie evidence in an action brought under subsection 1 that the respondent used or employed an unfair or deceptive method, act or practice declared unlawful under section 207.

.

5 Me. Rev. Stat. Ann. § 214.
Waiver; public policy.
Any waiver by a consumer of the provisions of this chapter is contrary to public policy and shall be unenforceable and void.5 Me. Rev. Stat. Ann. § 214.
Waiver; public policy.
Any waiver by a consumer of the provisions of this chapter is contrary to public policy and shall be unenforceable and void.

.

10, 206-A. 1231
Defintions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Consumer. "Consumer" means a natural person who purchases or contracts to purchase consumer goods.
2. Consumer goods. "Consumer goods" means any objects, wares, commodities or services offered for sale and intended to be used by consumers for personal, family or household purposes.
3. Manufacturer rebate. "Manufacturer rebate" means any offer or promise that a manufacturer or distributor will refund to a consumer all or a portion of the price paid by the consumer for the purchase of consumer goods.
10, 206-A. 1231
Defintions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Consumer. "Consumer" means a natural person who purchases or contracts to purchase consumer goods.
2. Consumer goods. "Consumer goods" means any objects, wares, commodities or services offered for sale and intended to be used by consumers for personal, family or household purposes.
3. Manufacturer rebate. "Manufacturer rebate" means any offer or promise that a manufacturer or distributor will refund to a consumer all or a portion of the price paid by the consumer for the purchase of consumer goods.

.

10 Me. Rev. Stat. Ann. § 1232.
Availability of rebate forms.
Any persons, firm, partnership, corporation or association which causes to be advertised by means of a newspaper advertisement, circular, television or radio announcement, in-store promotion or otherwise, the availability of a manufacturer's rebate form shall have available to the consumer at the time of advertising and promotion and make available to the purchaser at the time of sale the appropriate manufacturer's rebate form. This form, or a notice as to its location, shall be located with the merchandise to which it pertains. Forms which have expired shall be removed from consumer availability in a timely fashion.10 Me. Rev. Stat. Ann. § 1232.
Availability of rebate forms.
Any persons, firm, partnership, corporation or association which causes to be advertised by means of a newspaper advertisement, circular, television or radio announcement, in-store promotion or otherwise, the availability of a manufacturer's rebate form shall have available to the consumer at the time of advertising and promotion and make available to the purchaser at the time of sale the appropriate manufacturer's rebate form. This form, or a notice as to its location, shall be located with the merchandise to which it pertains. Forms which have expired shall be removed from consumer availability in a timely fashion.

.

10 Me. Rev. Stat. Ann. § 1233.
Violations.
1. Private remedy. If the court finds in any action commenced under this chapter that the manufacturer or distributor or its agents violated section 1232, it shall award to the petitioner an amount not less than $100.
2. Unfair trade practice. A violation of this chapter constitutes a violation of Title 5, chapter 10.
10 Me. Rev. Stat. Ann. § 1233.
Violations.
1. Private remedy. If the court finds in any action commenced under this chapter that the manufacturer or distributor or its agents violated section 1232, it shall award to the petitioner an amount not less than $100.
2. Unfair trade practice. A violation of this chapter constitutes a violation of Title 5, chapter 10.

.

10 Me. Rev. Stat. Ann. § 1105.
Profiteering in necessities.
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Abnormal market disruption" means a significant disruption to the production, distribution, supply, sale or availability of a commodity or commodities that:
(1) Is caused by an event such as a natural or man-made emergency or disaster, whether local or remote; and
(2) Causes ordinary competitive market forces to cease to function normally
B. "Cost" means the expense associated with the acquisition, production, distribution or sale of necessities and may include, among other things, replacement costs, taxes and transportation costs
C. "Necessities" includes food for human or animal consumption; pharmaceutical products, including prescription medications; wearing apparel; shoes; building materials; gas and electricity for light, heat and power; ice; fuel of all kinds; and fertilizer and fertilizer ingredients; together with tools, utensils, implements, machinery and equipment required for the actual production or manufacture of the same. "Necessities" includes any other vital or necessary good or service except those:
(1) Subject to continuous maximum price regulation under the provisions of any state or federal law;
(2) As to which the State's authority is preempted; or
(3) Furnished or provided by:
(a) Insurers; or
(b) Nonprofit hospitals, medical service organizations or health maintenance organizations authorized to transact business within the State pursuant to Title 24 and Title 24-A.
D. "Unconscionable price" means a price that is actionable under this section. There is a rebuttable presumption that a price is unconscionable when it exceeds by more than 15% the sum of:
(1) The price at which similar goods or services were offered for sale or sold by that person immediately prior to the beginning date of the abnormal market disruption. If that person did not offer such goods or services immediately prior to the abnormal market disruption, then the price is the price at which similar goods or services were offered for sale or sold by another person similarly situated prior to the abnormal market disruption; and
(2) The increased cost calculated according to the method used by that person prior to the abnormal market disruption.
2. Declaration. Whenever it appears upon due inquiry and consultation with the Attorney General that an abnormal market disruption exists or that there is a substantial likelihood that an abnormal market disruption is imminent, the Governor may, in the Governor's sole discretion and after considering whether the declaration of an abnormal market disruption itself will disrupt supplies for affected necessities, declare an abnormal market disruption.
A. A declaration made under this subsection must specify:
(1) The beginning date of the abnormal market disruption;
(2) The particular necessity, necessities or categories of necessities that are affected by the abnormal market disruption and made subject to the provisions of subsections 3 and 4; and
(3) The levels of trade or commerce that are affected by the abnormal market disruption and made subject to the provisions of subsections 3 and 4. [2005, c. 580, §1 (NEW).]
B. A declaration of abnormal market disruption under this subsection expires when the Governor declares it expired or 60 days from the date of its issuance, whichever is sooner. The declaration of abnormal market disruption may be modified by the Governor at any time.
C. The Governor shall publish decisions under this subsection in a manner reasonably calculated to give affected persons adequate notice.
D. Any person may petition the Governor regarding the Governor's decisions under this subsection.
3. Profiteering prohibited. After the Governor has declared an abnormal market disruption and before the declaration of the abnormal market disruption expires, a person may not sell or offer for sale necessities at an unconscionable price.
4. Civil violation. A violation of subsection 3 is a civil violation that constitutes and may be prosecuted as an unfair act or practice in the conduct of trade or commerce pursuant to Title 5, section 207, except that the provisions of Title 5, section 213 do not apply. The declaration of an abnormal market disruption creates a rebuttable presumption that the disruption occurred and existed from the beginning date in the declaration to the date of its expiration.
10 Me. Rev. Stat. Ann. § 1105.
Profiteering in necessities.
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Abnormal market disruption" means a significant disruption to the production, distribution, supply, sale or availability of a commodity or commodities that:
(1) Is caused by an event such as a natural or man-made emergency or disaster, whether local or remote; and
(2) Causes ordinary competitive market forces to cease to function normally
B. "Cost" means the expense associated with the acquisition, production, distribution or sale of necessities and may include, among other things, replacement costs, taxes and transportation costs
C. "Necessities" includes food for human or animal consumption; pharmaceutical products, including prescription medications; wearing apparel; shoes; building materials; gas and electricity for light, heat and power; ice; fuel of all kinds; and fertilizer and fertilizer ingredients; together with tools, utensils, implements, machinery and equipment required for the actual production or manufacture of the same. "Necessities" includes any other vital or necessary good or service except those:
(1) Subject to continuous maximum price regulation under the provisions of any state or federal law;
(2) As to which the State's authority is preempted; or
(3) Furnished or provided by:
(a) Insurers; or
(b) Nonprofit hospitals, medical service organizations or health maintenance organizations authorized to transact business within the State pursuant to Title 24 and Title 24-A.
D. "Unconscionable price" means a price that is actionable under this section. There is a rebuttable presumption that a price is unconscionable when it exceeds by more than 15% the sum of:
(1) The price at which similar goods or services were offered for sale or sold by that person immediately prior to the beginning date of the abnormal market disruption. If that person did not offer such goods or services immediately prior to the abnormal market disruption, then the price is the price at which similar goods or services were offered for sale or sold by another person similarly situated prior to the abnormal market disruption; and
(2) The increased cost calculated according to the method used by that person prior to the abnormal market disruption.
2. Declaration. Whenever it appears upon due inquiry and consultation with the Attorney General that an abnormal market disruption exists or that there is a substantial likelihood that an abnormal market disruption is imminent, the Governor may, in the Governor's sole discretion and after considering whether the declaration of an abnormal market disruption itself will disrupt supplies for affected necessities, declare an abnormal market disruption.
A. A declaration made under this subsection must specify:
(1) The beginning date of the abnormal market disruption;
(2) The particular necessity, necessities or categories of necessities that are affected by the abnormal market disruption and made subject to the provisions of subsections 3 and 4; and
(3) The levels of trade or commerce that are affected by the abnormal market disruption and made subject to the provisions of subsections 3 and 4. [2005, c. 580, §1 (NEW).]
B. A declaration of abnormal market disruption under this subsection expires when the Governor declares it expired or 60 days from the date of its issuance, whichever is sooner. The declaration of abnormal market disruption may be modified by the Governor at any time.
C. The Governor shall publish decisions under this subsection in a manner reasonably calculated to give affected persons adequate notice.
D. Any person may petition the Governor regarding the Governor's decisions under this subsection.
3. Profiteering prohibited. After the Governor has declared an abnormal market disruption and before the declaration of the abnormal market disruption expires, a person may not sell or offer for sale necessities at an unconscionable price.
4. Civil violation. A violation of subsection 3 is a civil violation that constitutes and may be prosecuted as an unfair act or practice in the conduct of trade or commerce pursuant to Title 5, section 207, except that the provisions of Title 5, section 213 do not apply. The declaration of an abnormal market disruption creates a rebuttable presumption that the disruption occurred and existed from the beginning date in the declaration to the date of its expiration.

.

10 Me. Rev. Stat. Ann. § 1106.
Profiteering in rents.
Whoever demands or collects an unreasonable or unjust rent or charge, taking into due consideration the actual market value of the property at the time, with a fair return thereon, or imposes an unreasonable or unjust term or condition, for the occupancy of a mobile home park lot or of any building or any part thereof, rented or hired for dwelling purposes, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 11 months, or by both.10 Me. Rev. Stat. Ann. § 1106.
Profiteering in rents.
Whoever demands or collects an unreasonable or unjust rent or charge, taking into due consideration the actual market value of the property at the time, with a fair return thereon, or imposes an unreasonable or unjust term or condition, for the occupancy of a mobile home park lot or of any building or any part thereof, rented or hired for dwelling purposes, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 11 months, or by both.

.

10 Me. Rev. Stat. Ann. § 1107.
Investigation by the Attorney General.
The Attorney General upon the Attorney General's own initiative or upon petition of 50 or more citizens of this State, shall investigate all seeming violations of sections 1102-A and 1105 to 1107, all contracts, combinations or conspiracies in restraint of trade or commerce, and all monopolies, and may require, by summons, the attendance and testimony of witnesses and the production of books and papers before the Attorney General relating to any such matter under investigation. The summons must be served in the same manner as summons for witnesses in criminal cases, and all provisions of law relating thereto apply to summonses issued under this section so far as they are applicable. All investigations or hearings thereunder or connected therewith to which witnesses are summoned or called upon to testify or to produce books, records or correspondence are public or private at the choice of the person summoned and must be held in the county where the act to be investigated is alleged to have been committed, or if the investigation is on petition it must be held in the county in which the petitioners reside. The expense of such investigation must be paid from the appropriation provided by Title 5, section 203.

If, upon investigation, it appears to the Attorney General that the laws of this State, including sections 1102-A or 1105 to 1107, have been violated in any respect, the Attorney General shall prosecute the guilty parties and present all available information bearing upon such apparent violation to the proper prosecuting officer of the United States.

Any Justice of the Superior Court may by order, upon application of the Attorney General, compel the attendance of witnesses, the production of books and papers, including correspondence, and the giving of testimony, before the Attorney General in the same manner and to the same extent as before the Superior Court. Any failure to obey such order may be punishable by such court as a contempt.
10 Me. Rev. Stat. Ann. § 1107.
Investigation by the Attorney General.
The Attorney General upon the Attorney General's own initiative or upon petition of 50 or more citizens of this State, shall investigate all seeming violations of sections 1102-A and 1105 to 1107, all contracts, combinations or conspiracies in restraint of trade or commerce, and all monopolies, and may require, by summons, the attendance and testimony of witnesses and the production of books and papers before the Attorney General relating to any such matter under investigation. The summons must be served in the same manner as summons for witnesses in criminal cases, and all provisions of law relating thereto apply to summonses issued under this section so far as they are applicable. All investigations or hearings thereunder or connected therewith to which witnesses are summoned or called upon to testify or to produce books, records or correspondence are public or private at the choice of the person summoned and must be held in the county where the act to be investigated is alleged to have been committed, or if the investigation is on petition it must be held in the county in which the petitioners reside. The expense of such investigation must be paid from the appropriation provided by Title 5, section 203.

If, upon investigation, it appears to the Attorney General that the laws of this State, including sections 1102-A or 1105 to 1107, have been violated in any respect, the Attorney General shall prosecute the guilty parties and present all available information bearing upon such apparent violation to the proper prosecuting officer of the United States.

Any Justice of the Superior Court may by order, upon application of the Attorney General, compel the attendance of witnesses, the production of books and papers, including correspondence, and the giving of testimony, before the Attorney General in the same manner and to the same extent as before the Superior Court. Any failure to obey such order may be punishable by such court as a contempt.

.

10 Me. Rev. Stat. Ann. § 1110.
Requirements for price protection and prepaid contracts.
1. Contract and solicitation requirements. A contract for the retail sale of home heating oil, kerosene or liquefied petroleum gas that offers a guaranteed price plan, including a prepaid contract and any other similar term, must be in writing and the terms and conditions of the price plan must be disclosed. The disclosure of terms and conditions must be in plain language, must immediately follow the language concerning the price or service that could be affected and must be printed in no less than 12-point boldface type of uniform font. A solicitation for the retail sale of home heating oil, kerosene or liquefied petroleum gas that offers a guaranteed price plan that could become a contract upon a response from a consumer, including a prepaid contract and any other similar term, must be in writing and the terms and conditions of that offer must be disclosed in plain language.
2. Security for prepaid contracts required; options. A home heating oil, kerosene or liquefied petroleum gas dealer may not enter into a prepaid contract to provide home heating oil, kerosene or liquefied petroleum gas to a consumer unless that dealer has obtained and maintains in accordance with subsection 3 any one of the following:
A. Heating oil, kerosene or liquefied petroleum gas contracts or other similar commitments that allow the dealer to purchase, at a fixed price, heating oil, kerosene or liquefied petroleum gas in an amount not less than 75% of the maximum number of gallons that the dealer is committed to deliver pursuant to all prepaid contracts entered into by the dealer;
B. A surety bond in an amount not less than 50% of the total amount of funds paid to the dealer by consumers pursuant to all prepaid heating oil, kerosene or liquefied petroleum gas contracts entered into by the dealer; or
C. A letter of credit in an amount not less than 100% of the total amount of funds paid to the dealer by consumers pursuant to all prepaid heating oil, kerosene or liquefied petroleum gas contracts entered into by the dealer.
3. Maintenance of security. A dealer shall maintain the amount of futures contracts or other similar commitments, the amount of the surety bond or the letter of credit required by subsection 2 for the period of time for which the prepaid home heating oil, kerosene or liquefied petroleum gas contracts are effective, except that the amount of the futures contracts or surety bond may be reduced during such period of time to reflect any amount of home heating oil, kerosene or liquefied petroleum gas already delivered to and paid for by the consumer.
4. Disclosure; additional contract requirements. A prepaid home heating oil, kerosene or liquefied petroleum gas contract must indicate:
A. The amount of funds paid by the consumer to the dealer under the contract;
B. The maximum number of gallons of home heating oil, kerosene or liquefied petroleum gas committed by the dealer for delivery to the consumer pursuant to the contract; and
C. That the performance of the prepaid contract is secured by one of the options set forth in subsection 2.
5. Reimbursement provision required. A prepaid home heating oil, kerosene or liquefied petroleum gas contract must provide that the contract price of any undelivered home heating oil, kerosene or liquefied petroleum gas owed to the consumer under the contract at the end date of the contract must be reimbursed to the consumer not later than 30 days after the end date of the contract unless the parties to the contract agree otherwise.
10 Me. Rev. Stat. Ann. § 1110.
Requirements for price protection and prepaid contracts.
1. Contract and solicitation requirements. A contract for the retail sale of home heating oil, kerosene or liquefied petroleum gas that offers a guaranteed price plan, including a prepaid contract and any other similar term, must be in writing and the terms and conditions of the price plan must be disclosed. The disclosure of terms and conditions must be in plain language, must immediately follow the language concerning the price or service that could be affected and must be printed in no less than 12-point boldface type of uniform font. A solicitation for the retail sale of home heating oil, kerosene or liquefied petroleum gas that offers a guaranteed price plan that could become a contract upon a response from a consumer, including a prepaid contract and any other similar term, must be in writing and the terms and conditions of that offer must be disclosed in plain language.
2. Security for prepaid contracts required; options. A home heating oil, kerosene or liquefied petroleum gas dealer may not enter into a prepaid contract to provide home heating oil, kerosene or liquefied petroleum gas to a consumer unless that dealer has obtained and maintains in accordance with subsection 3 any one of the following:
A. Heating oil, kerosene or liquefied petroleum gas contracts or other similar commitments that allow the dealer to purchase, at a fixed price, heating oil, kerosene or liquefied petroleum gas in an amount not less than 75% of the maximum number of gallons that the dealer is committed to deliver pursuant to all prepaid contracts entered into by the dealer;
B. A surety bond in an amount not less than 50% of the total amount of funds paid to the dealer by consumers pursuant to all prepaid heating oil, kerosene or liquefied petroleum gas contracts entered into by the dealer; or
C. A letter of credit in an amount not less than 100% of the total amount of funds paid to the dealer by consumers pursuant to all prepaid heating oil, kerosene or liquefied petroleum gas contracts entered into by the dealer.
3. Maintenance of security. A dealer shall maintain the amount of futures contracts or other similar commitments, the amount of the surety bond or the letter of credit required by subsection 2 for the period of time for which the prepaid home heating oil, kerosene or liquefied petroleum gas contracts are effective, except that the amount of the futures contracts or surety bond may be reduced during such period of time to reflect any amount of home heating oil, kerosene or liquefied petroleum gas already delivered to and paid for by the consumer.
4. Disclosure; additional contract requirements. A prepaid home heating oil, kerosene or liquefied petroleum gas contract must indicate:
A. The amount of funds paid by the consumer to the dealer under the contract;
B. The maximum number of gallons of home heating oil, kerosene or liquefied petroleum gas committed by the dealer for delivery to the consumer pursuant to the contract; and
C. That the performance of the prepaid contract is secured by one of the options set forth in subsection 2.
5. Reimbursement provision required. A prepaid home heating oil, kerosene or liquefied petroleum gas contract must provide that the contract price of any undelivered home heating oil, kerosene or liquefied petroleum gas owed to the consumer under the contract at the end date of the contract must be reimbursed to the consumer not later than 30 days after the end date of the contract unless the parties to the contract agree otherwise.

.

9-A Me. Rev. Stat. Ann. § 8-101.
Short title.
This Article may be cited as the "Maine Consumer Credit Code -- Truth-in-Lending."9-A Me. Rev. Stat. Ann. § 8-101.
Short title.
This Article may be cited as the "Maine Consumer Credit Code -- Truth-in-Lending."

.

9-A Me. Rev. Stat. Ann. § 8-102.
Findings and declaration of purpose.
The Legislature finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this Article to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices.9-A Me. Rev. Stat. Ann. § 8-102.
Findings and declaration of purpose.
The Legislature finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this Article to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices.

.

9-A Me. Rev. Stat. Ann. § 8-103.
Definitions and rules of construction.
1-A. As used in this Article, unless the context otherwise indicates, the following words have the following meanings.
A. "Accepted credit card" means any credit card that the cardholder has requested and received or has signed or has used or authorized another to use for the purpose of obtaining money, property, labor or services on credit.
B. "Adequate notice" as used in section 8-302 means a printed notice to a cardholder that sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. That notice may be given to a cardholder by printing the notice on any credit card, on each periodic statement of account issued to the cardholder or by any other means reasonably ensuring the receipt by the cardholder.
C. "Affiliate" has the same meaning as set forth in 12 United States Code, Section 1841.
D. "Annual percentage rate" means the annual percentage rate for a loan calculated according to the provisions of 12 Code of Federal Regulations, Part 226.
E. "Bona fide discount points" means an amount knowingly paid by a borrower for the express purpose of reducing, and which in fact does result in a bona fide reduction of, the interest rate applicable to a residential mortgage loan, as long as the undiscounted interest rate for the residential mortgage loan does not exceed the conventional mortgage rate by more than 2 percentage points for a residential mortgage loan secured by a first lien or by 3 1/2 percentage points for a residential mortgage loan secured by a subordinated lien.
F. "Borrower" means any natural person obligated to repay a loan, including a coborrower, cosigner or guarantor.
G. "Bureau of Consumer Credit Protection" has the same meaning as set out in section 6-103.
H. "Cardholder" means any person to whom a credit card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a card to another person.
I. "Card issuer" means any person who issues a credit card or the agent of that person with respect to that card.
J. "Conventional mortgage rate" means the most recently published annual yield on conventional mortgages published by the Board of Governors of the Federal Reserve System, as published in statistical release H.15 or any superseding publication, as of the applicable time set forth in 12 Code of Federal Regulations, Section 226.32(a)(1)(i).
K. "Conventional prepayment penalty" means any prepayment penalty or fee that may be collected or charged in a residential mortgage loan and that is authorized by law other than this section, as long as the residential mortgage loan does not have an annual percentage rate that exceeds the conventional mortgage rate by more than 2 percentage points and does not permit any prepayment fees or penalties that exceed 2% of the amount prepaid.
L. "Creditor" has the same meaning as set forth in section 1-301, subsection 17, and in addition includes those entities defined as "lender" as set forth in 24 Code of Federal Regulations, Section 3500.2 and includes a mortgage broker. [2009, c. 362, Pt. A, §1 (RPR).]
M. "Discount" as used in section 8-303 means a reduction made from the regular price. The term "discount" does not mean a surcharge.
N. "Dwelling" means a residential structure or mobile home that contains one to 4 family housing units, or individual units of condominiums or cooperatives.
O. "Excluded points and fees" means, in connection with a residential mortgage loan, 1% of the total loan amount attributable to bona fide fees paid to a federal or state government agency that insures payment of some portion of a residential mortgage loan plus an amount not to exceed 2% of the total loan amount attributable to bona fide discount points or a conventional prepayment penalty.
P. "Flipping a residential mortgage loan" means the making of a residential mortgage loan to a borrower that refinances an existing residential mortgage loan when the new loan does not have reasonable, tangible net benefit to the borrower considering all of the circumstances, including, but not limited to, the terms of both the new and refinanced loans, the cost of the new loan and the borrower’s circumstances.
P-1. "Fully amortizing payment schedule" means a schedule based on the term of the loan. For a balloon mortgage that contains an option for an extended amortization period, the fully amortizing payment schedule may be based on the full term available to the borrower.
P-2. "Fully indexed rate" means the index rate prevailing at origination plus the margin that will apply after the expiration of an introductory interest rate.
Q. "High-rate, high-fee mortgage" means a residential mortgage loan in which the terms of the loan meet or exceed one or more of the thresholds defined in paragraph FF.
Q-1. "Higher-priced mortgage loan" means either:
(1) A residential mortgage loan that is a "nontraditional mortgage" as defined in paragraph T; or
(2) A "rate spread home loan" as defined in paragraph V.
R. "Material disclosures" means the disclosure, as required by this Article, of the annual percentage rate, the method of determining the finance charge and the balance upon which a finance charge will be imposed, the amount of the finance charge, the amount to be financed, the total of payments, the number and amount of payments and the due dates or periods of payments scheduled to repay the indebtedness.
S. "Mortgage broker" has the same meaning as set forth in 24 Code of Federal Regulations, Section 3500.2, except as otherwise provided in this Article.
T. "Nontraditional mortgage" has the same meaning as those mortgages described in the "Interagency Guidance on Nontraditional Mortgage Product Risks" issued September 29, 2006 and published in 71 Federal Register, 58609 on October 4, 2006 and as updated from time to time, except that "nontraditional mortgage" does not include a mortgage that does not allow a borrower to defer repayment of principal or interest.
U. "Points and fees" has the same meaning as set forth in 12 Code of Federal Regulations, Section 226.32(b)(1). In addition, "points and fees" includes:
(1) The maximum prepayment fees and penalties that may be charged or collected under the terms of the loan documents;
(2) All prepayment fees and penalties that are incurred by the borrower if the loan refinances a previous loan made or currently held by the same creditor or an affiliate of the creditor; and
(3) All compensation paid directly or indirectly to a mortgage broker from any source, including a mortgage broker that originates a loan in its own name in a table-funded transaction.
For open-end loans, points and fees are calculated by adding the total points and fees known at or before closing, including the maximum prepayment penalties that may be charged or collected under the terms of the loan documents and the minimum additional fees the borrower would be required to pay to draw down an amount equal to the total credit line.
V. "Rate spread home loan" means any loan for which the rate spread must be reported under the Home Mortgage Disclosure Act of 1975, Regulation C except that, beginning October 1, 2009, "rate spread home loan" has the same meaning as set forth for "higher-priced mortgage loans" in 12 Code of Federal Regulations, Section 226.35(a). In addition, "rate spread home loan" means any loan that meets the criteria of a high-rate, high-fee mortgage.
W. "Residential mortgage loan" means an extension of credit, including an open-end credit plan, in which:
(1) The loan does not exceed the maximum original principal obligation as set forth in and from time to time adjusted according to the provisions of 12 United States Code, Section 1454(a)(2);
(2) The loan is considered a federally related mortgage loan as set forth in 24 Code of Federal Regulations, Section 3500.2;
(3) The loan is not a reverse mortgage transaction or a loan made primarily for business, agricultural or commercial purposes;
(4) The loan is not a construction loan; and
(5) The loan is secured by the borrower's principal dwelling.
X. "Residential mortgage transaction" means a transaction in which a mortgage, deed of trust, purchase money security interest arising under an installment sales contract or equivalent consensual security interest is created or retained against the consumer's dwelling to finance the acquisition or initial construction of that dwelling.
Y. "Reverse mortgage transaction" means a nonrecourse transaction in which a mortgage, deed of trust or equivalent consensual security interest is created against the consumer's principal dwelling to secure one or more advances and with respect to which the payment of any principal, interest and shared appreciation or equity is due and payable, other than in the case of default, only after the transfer of the dwelling, after the consumer ceases to occupy the dwelling as a principal dwelling or after the death of the consumer.
Z. "Servicer" has the same meaning as set forth in 24 Code of Federal Regulations, Section 3500.2.
AA. "Servicing" has the same meaning as set forth in 24 Code of Federal Regulations, Section 3500.2 and includes any other activities or responsibilities undertaken in connection with a residential mortgage loan by a person who acts as a servicer with respect to that residential mortgage loan, including collection and default management functions.
CC. "Superintendent of Consumer Credit Protection" has the same meaning as set out in section 6-103.
DD. "Surcharge" means any means of increasing the regular price to a cardholder that is not imposed upon customers paying by cash, check or similar means.
EE. "Tax refund loan," also known as "refund anticipation loan," means a transaction in which a creditor lends an amount less than or equal to a consumer's expected tax refund.
FF. "Threshold" means either:
(1) Rate threshold, which is, for a residential mortgage loan, the point at which the annual percentage rate equals or exceeds the rate set forth in 12 Code of Federal Regulations, Section 226.32(a)(1)(i), without regard to whether the residential mortgage loan may be considered a “residential mortgage transaction” or an extension of “open-end credit” as those terms are set forth in 12 Code of Federal Regulations, Section 226.2; or
(2) The total points and fees threshold, which is:
(a) For loans in which the total loan amount is $40,000 or more, the point at which the total points and fees payable in connection with the residential mortgage loan less any excluded points and fees exceed 5% of the total loan amount; and
(b) For loans in which the total loan amount is less than $40,000, the point at which the total points and fees payable in connection with the residential mortgage loan less any excluded points and fees exceed 6% of the total loan amount.
GG. "Total loan amount" means the principal of a loan minus those points and fees that are included in the principal amount of the loan. For open-end loans, the total loan amount must be calculated using the total line of credit allowed under the residential mortgage loan at closing.
HH. "Unauthorized use," as used in section 8-303, means a use of a credit card by a person other than the cardholder who does not have actual, implied or apparent authority for such use and from which the cardholder receives no benefit.
2. The following rules of construction are applicable for the purposes of this Article.
A. Any reference to any requirement imposed under this Article or any provision thereof includes reference to the regulations of the administrator under this Article or the provision thereof in question.
B. The disclosure of an amount or percentage which is greater than the amount or percentage required to be disclosed under this Article does not in itself constitute a violation of this Article.
9-A Me. Rev. Stat. Ann. § 8-103.
Definitions and rules of construction.
1-A. As used in this Article, unless the context otherwise indicates, the following words have the following meanings.
A. "Accepted credit card" means any credit card that the cardholder has requested and received or has signed or has used or authorized another to use for the purpose of obtaining money, property, labor or services on credit.
B. "Adequate notice" as used in section 8-302 means a printed notice to a cardholder that sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning. That notice may be given to a cardholder by printing the notice on any credit card, on each periodic statement of account issued to the cardholder or by any other means reasonably ensuring the receipt by the cardholder.
C. "Affiliate" has the same meaning as set forth in 12 United States Code, Section 1841.
D. "Annual percentage rate" means the annual percentage rate for a loan calculated according to the provisions of 12 Code of Federal Regulations, Part 226.
E. "Bona fide discount points" means an amount knowingly paid by a borrower for the express purpose of reducing, and which in fact does result in a bona fide reduction of, the interest rate applicable to a residential mortgage loan, as long as the undiscounted interest rate for the residential mortgage loan does not exceed the conventional mortgage rate by more than 2 percentage points for a residential mortgage loan secured by a first lien or by 3 1/2 percentage points for a residential mortgage loan secured by a subordinated lien.
F. "Borrower" means any natural person obligated to repay a loan, including a coborrower, cosigner or guarantor.
G. "Bureau of Consumer Credit Protection" has the same meaning as set out in section 6-103.
H. "Cardholder" means any person to whom a credit card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a card to another person.
I. "Card issuer" means any person who issues a credit card or the agent of that person with respect to that card.
J. "Conventional mortgage rate" means the most recently published annual yield on conventional mortgages published by the Board of Governors of the Federal Reserve System, as published in statistical release H.15 or any superseding publication, as of the applicable time set forth in 12 Code of Federal Regulations, Section 226.32(a)(1)(i).
K. "Conventional prepayment penalty" means any prepayment penalty or fee that may be collected or charged in a residential mortgage loan and that is authorized by law other than this section, as long as the residential mortgage loan does not have an annual percentage rate that exceeds the conventional mortgage rate by more than 2 percentage points and does not permit any prepayment fees or penalties that exceed 2% of the amount prepaid.
L. "Creditor" has the same meaning as set forth in section 1-301, subsection 17, and in addition includes those entities defined as "lender" as set forth in 24 Code of Federal Regulations, Section 3500.2 and includes a mortgage broker. [2009, c. 362, Pt. A, §1 (RPR).]
M. "Discount" as used in section 8-303 means a reduction made from the regular price. The term "discount" does not mean a surcharge.
N. "Dwelling" means a residential structure or mobile home that contains one to 4 family housing units, or individual units of condominiums or cooperatives.
O. "Excluded points and fees" means, in connection with a residential mortgage loan, 1% of the total loan amount attributable to bona fide fees paid to a federal or state government agency that insures payment of some portion of a residential mortgage loan plus an amount not to exceed 2% of the total loan amount attributable to bona fide discount points or a conventional prepayment penalty.
P. "Flipping a residential mortgage loan" means the making of a residential mortgage loan to a borrower that refinances an existing residential mortgage loan when the new loan does not have reasonable, tangible net benefit to the borrower considering all of the circumstances, including, but not limited to, the terms of both the new and refinanced loans, the cost of the new loan and the borrower’s circumstances.
P-1. "Fully amortizing payment schedule" means a schedule based on the term of the loan. For a balloon mortgage that contains an option for an extended amortization period, the fully amortizing payment schedule may be based on the full term available to the borrower.
P-2. "Fully indexed rate" means the index rate prevailing at origination plus the margin that will apply after the expiration of an introductory interest rate.
Q. "High-rate, high-fee mortgage" means a residential mortgage loan in which the terms of the loan meet or exceed one or more of the thresholds defined in paragraph FF.
Q-1. "Higher-priced mortgage loan" means either:
(1) A residential mortgage loan that is a "nontraditional mortgage" as defined in paragraph T; or
(2) A "rate spread home loan" as defined in paragraph V.
R. "Material disclosures" means the disclosure, as required by this Article, of the annual percentage rate, the method of determining the finance charge and the balance upon which a finance charge will be imposed, the amount of the finance charge, the amount to be financed, the total of payments, the number and amount of payments and the due dates or periods of payments scheduled to repay the indebtedness.
S. "Mortgage broker" has the same meaning as set forth in 24 Code of Federal Regulations, Section 3500.2, except as otherwise provided in this Article.
T. "Nontraditional mortgage" has the same meaning as those mortgages described in the "Interagency Guidance on Nontraditional Mortgage Product Risks" issued September 29, 2006 and published in 71 Federal Register, 58609 on October 4, 2006 and as updated from time to time, except that "nontraditional mortgage" does not include a mortgage that does not allow a borrower to defer repayment of principal or interest.
U. "Points and fees" has the same meaning as set forth in 12 Code of Federal Regulations, Section 226.32(b)(1). In addition, "points and fees" includes:
(1) The maximum prepayment fees and penalties that may be charged or collected under the terms of the loan documents;
(2) All prepayment fees and penalties that are incurred by the borrower if the loan refinances a previous loan made or currently held by the same creditor or an affiliate of the creditor; and
(3) All compensation paid directly or indirectly to a mortgage broker from any source, including a mortgage broker that originates a loan in its own name in a table-funded transaction.
For open-end loans, points and fees are calculated by adding the total points and fees known at or before closing, including the maximum prepayment penalties that may be charged or collected under the terms of the loan documents and the minimum additional fees the borrower would be required to pay to draw down an amount equal to the total credit line.
V. "Rate spread home loan" means any loan for which the rate spread must be reported under the Home Mortgage Disclosure Act of 1975, Regulation C except that, beginning October 1, 2009, "rate spread home loan" has the same meaning as set forth for "higher-priced mortgage loans" in 12 Code of Federal Regulations, Section 226.35(a). In addition, "rate spread home loan" means any loan that meets the criteria of a high-rate, high-fee mortgage.
W. "Residential mortgage loan" means an extension of credit, including an open-end credit plan, in which:
(1) The loan does not exceed the maximum original principal obligation as set forth in and from time to time adjusted according to the provisions of 12 United States Code, Section 1454(a)(2);
(2) The loan is considered a federally related mortgage loan as set forth in 24 Code of Federal Regulations, Section 3500.2;
(3) The loan is not a reverse mortgage transaction or a loan made primarily for business, agricultural or commercial purposes;
(4) The loan is not a construction loan; and
(5) The loan is secured by the borrower's principal dwelling.
X. "Residential mortgage transaction" means a transaction in which a mortgage, deed of trust, purchase money security interest arising under an installment sales contract or equivalent consensual security interest is created or retained against the consumer's dwelling to finance the acquisition or initial construction of that dwelling.
Y. "Reverse mortgage transaction" means a nonrecourse transaction in which a mortgage, deed of trust or equivalent consensual security interest is created against the consumer's principal dwelling to secure one or more advances and with respect to which the payment of any principal, interest and shared appreciation or equity is due and payable, other than in the case of default, only after the transfer of the dwelling, after the consumer ceases to occupy the dwelling as a principal dwelling or after the death of the consumer.
Z. "Servicer" has the same meaning as set forth in 24 Code of Federal Regulations, Section 3500.2.
AA. "Servicing" has the same meaning as set forth in 24 Code of Federal Regulations, Section 3500.2 and includes any other activities or responsibilities undertaken in connection with a residential mortgage loan by a person who acts as a servicer with respect to that residential mortgage loan, including collection and default management functions.
CC. "Superintendent of Consumer Credit Protection" has the same meaning as set out in section 6-103.
DD. "Surcharge" means any means of increasing the regular price to a cardholder that is not imposed upon customers paying by cash, check or similar means.
EE. "Tax refund loan," also known as "refund anticipation loan," means a transaction in which a creditor lends an amount less than or equal to a consumer's expected tax refund.
FF. "Threshold" means either:
(1) Rate threshold, which is, for a residential mortgage loan, the point at which the annual percentage rate equals or exceeds the rate set forth in 12 Code of Federal Regulations, Section 226.32(a)(1)(i), without regard to whether the residential mortgage loan may be considered a “residential mortgage transaction” or an extension of “open-end credit” as those terms are set forth in 12 Code of Federal Regulations, Section 226.2; or
(2) The total points and fees threshold, which is:
(a) For loans in which the total loan amount is $40,000 or more, the point at which the total points and fees payable in connection with the residential mortgage loan less any excluded points and fees exceed 5% of the total loan amount; and
(b) For loans in which the total loan amount is less than $40,000, the point at which the total points and fees payable in connection with the residential mortgage loan less any excluded points and fees exceed 6% of the total loan amount.
GG. "Total loan amount" means the principal of a loan minus those points and fees that are included in the principal amount of the loan. For open-end loans, the total loan amount must be calculated using the total line of credit allowed under the residential mortgage loan at closing.
HH. "Unauthorized use," as used in section 8-303, means a use of a credit card by a person other than the cardholder who does not have actual, implied or apparent authority for such use and from which the cardholder receives no benefit.
2. The following rules of construction are applicable for the purposes of this Article.
A. Any reference to any requirement imposed under this Article or any provision thereof includes reference to the regulations of the administrator under this Article or the provision thereof in question.
B. The disclosure of an amount or percentage which is greater than the amount or percentage required to be disclosed under this Article does not in itself constitute a violation of this Article.

.

9-A Me. Rev. Stat. Ann. § 8-109.
Criminal liability for willful and knowing violation.
Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this Article or any regulation issued thereunder, uses any chart or table authorized by the administrator under section 8-106 in such a manner as to consistently understate the annual percentage rate determined under section 8-106, subsection 1, paragraph A, subparagraph (i) or otherwise fails to comply with any requirement imposed under this Article, is guilty of a Class D crime.9-A Me. Rev. Stat. Ann. § 8-109.
Criminal liability for willful and knowing violation.
Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this Article or any regulation issued thereunder, uses any chart or table authorized by the administrator under section 8-106 in such a manner as to consistently understate the annual percentage rate determined under section 8-106, subsection 1, paragraph A, subparagraph (i) or otherwise fails to comply with any requirement imposed under this Article, is guilty of a Class D crime.

.

9-A Me. Rev. Stat. Ann. § 8-201.
General requirement of disclosure.
General requirement of disclosure
1. Subject to subsection 2, a creditor shall disclose to the person who is obligated on a consumer credit transaction the information required under this article. A person who regularly extends credit that is payable in installments, or is subject to a finance charge, to consumers for personal, family or household purposes, when such extensions are secured by personal property, real property or both and such property is used or expected to be used as the consumer's principal dwelling, shall also disclose the information required under this article. In a transaction involving more than one obligor, a creditor, except in a transaction under section 8-204, need not disclose to more than one of such obligors if the obligor given disclosure is a primary obligor.
2. If a transaction involves one creditor as defined in section 1-301, subsection 17, that creditor shall make the disclosures. If a transaction involves more than one creditor, only one creditor shall be required to make the disclosures. The administrator shall by regulation specify which creditor shall make the disclosures.
3. The administrator may provide by regulation that any portion of the information required to be disclosed by this article may be given in the form of estimates when the provider of that information is not in a position to know exact information. When a portion of the interest on any consumer credit transaction is determined on a per diem basis and collected upon the consummation of the transaction, any disclosure with respect to that portion of interest is deemed accurate for purposes of this Title if the disclosure is based on information actually known to the creditor at the time the disclosure documents are being prepared for the consummation of the transaction.
4. The administrator shall determine whether tolerances for numerical disclosures other than the annual percentage rate are necessary to facilitate compliance with this Article, and if he determines that those tolerances are necessary to facilitate compliance, he shall by regulation permit disclosures within those tolerances. The administrator shall exercise his authority to permit tolerances for numerical disclosures other than the annual percentage rate so that tolerances are narrow enough to prevent tolerances from resulting in misleading disclosures or disclosures that circumvent the purposes of this Article.
9-A Me. Rev. Stat. Ann. § 8-201.
General requirement of disclosure.
General requirement of disclosure
1. Subject to subsection 2, a creditor shall disclose to the person who is obligated on a consumer credit transaction the information required under this article. A person who regularly extends credit that is payable in installments, or is subject to a finance charge, to consumers for personal, family or household purposes, when such extensions are secured by personal property, real property or both and such property is used or expected to be used as the consumer's principal dwelling, shall also disclose the information required under this article. In a transaction involving more than one obligor, a creditor, except in a transaction under section 8-204, need not disclose to more than one of such obligors if the obligor given disclosure is a primary obligor.
2. If a transaction involves one creditor as defined in section 1-301, subsection 17, that creditor shall make the disclosures. If a transaction involves more than one creditor, only one creditor shall be required to make the disclosures. The administrator shall by regulation specify which creditor shall make the disclosures.
3. The administrator may provide by regulation that any portion of the information required to be disclosed by this article may be given in the form of estimates when the provider of that information is not in a position to know exact information. When a portion of the interest on any consumer credit transaction is determined on a per diem basis and collected upon the consummation of the transaction, any disclosure with respect to that portion of interest is deemed accurate for purposes of this Title if the disclosure is based on information actually known to the creditor at the time the disclosure documents are being prepared for the consummation of the transaction.
4. The administrator shall determine whether tolerances for numerical disclosures other than the annual percentage rate are necessary to facilitate compliance with this Article, and if he determines that those tolerances are necessary to facilitate compliance, he shall by regulation permit disclosures within those tolerances. The administrator shall exercise his authority to permit tolerances for numerical disclosures other than the annual percentage rate so that tolerances are narrow enough to prevent tolerances from resulting in misleading disclosures or disclosures that circumvent the purposes of this Article.

.

9-A Me. Rev. Stat. Ann. § 8-202.
Form of disclosure; additional information; tabular format required for certain credit and charge card disclosures .
1. Information required by this Article shall be disclosed clearly and conspicuously, in accordance with regulations of the administrator. The terms "annual percentage rate" and "finance charge" shall be disclosed more conspicuously than other terms, data or information provided in connection with a transaction, except information relating to the identity of the creditor. Except as provided in subsection 3, regulations of the administrator need not require that disclosures pursuant to this Article be made in the order set forth in this Article and, except as otherwise provided, may permit the use of terminology different from that employed in this Article if it conveys substantially the same meaning.
2. Any creditor may supply additional information or explanation with any disclosures required under this Article, except as provided in section 8-206, subsection 2.
3. Tabular format shall be required for certain disclosures under section 8-205, subsection 3.
A. The information described in section 8-205, subsection 3, paragraph A, subparagraph (i); section 8-205, subsection 3, paragraph C, subparagraph (ii), division (a), subdivision (1); section 8-205, subsection 3, paragraph D, subparagraph (i) and subparagraph (iii), division (a), subdivision (1) shall be:
(i) Disclosed in the form and manner which the administrator shall prescribe by regulations; and
(ii) Placed in a conspicuous and prominent location on or with any written application, solicitation or other document or paper with respect to which that disclosure is required.
B. Tabular format shall be as follows:
(i) In the regulations prescribed under paragraph A, subparagraph (i), the administrator shall require that the disclosure of the information shall, to the extent the administrator determines to be practicable and appropriate, be in the form of a table which:
(a) Contains clear and concise headings for each item of the information; and
(b) Provides a clear and concise form for stating each item of information required to be disclosed under each heading.
(ii) In prescribing the form under subparagraph (i), the administrator may:
(a) List the items required to be included in the table in a different order than the order in which those items are set forth in section 8-205, subsection 3, paragraph A, subparagraph (i) or paragraph D, subparagraph (i); and
(b) Subject to subparagraph (iii), employ terminology which is different from the terminology which is employed in section 8-205, subsection 3, if that terminology conveys substantially the same meaning.
(iii) Either the heading or the statement under the heading which relates to the time period referred to in section 8-205, subsection 3, paragraph A, subparagraph (i), division (c) shall contain the term "grace period."
9-A Me. Rev. Stat. Ann. § 8-202.
Form of disclosure; additional information; tabular format required for certain credit and charge card disclosures .
1. Information required by this Article shall be disclosed clearly and conspicuously, in accordance with regulations of the administrator. The terms "annual percentage rate" and "finance charge" shall be disclosed more conspicuously than other terms, data or information provided in connection with a transaction, except information relating to the identity of the creditor. Except as provided in subsection 3, regulations of the administrator need not require that disclosures pursuant to this Article be made in the order set forth in this Article and, except as otherwise provided, may permit the use of terminology different from that employed in this Article if it conveys substantially the same meaning.
2. Any creditor may supply additional information or explanation with any disclosures required under this Article, except as provided in section 8-206, subsection 2.
3. Tabular format shall be required for certain disclosures under section 8-205, subsection 3.
A. The information described in section 8-205, subsection 3, paragraph A, subparagraph (i); section 8-205, subsection 3, paragraph C, subparagraph (ii), division (a), subdivision (1); section 8-205, subsection 3, paragraph D, subparagraph (i) and subparagraph (iii), division (a), subdivision (1) shall be:
(i) Disclosed in the form and manner which the administrator shall prescribe by regulations; and
(ii) Placed in a conspicuous and prominent location on or with any written application, solicitation or other document or paper with respect to which that disclosure is required.
B. Tabular format shall be as follows:
(i) In the regulations prescribed under paragraph A, subparagraph (i), the administrator shall require that the disclosure of the information shall, to the extent the administrator determines to be practicable and appropriate, be in the form of a table which:
(a) Contains clear and concise headings for each item of the information; and
(b) Provides a clear and concise form for stating each item of information required to be disclosed under each heading.
(ii) In prescribing the form under subparagraph (i), the administrator may:
(a) List the items required to be included in the table in a different order than the order in which those items are set forth in section 8-205, subsection 3, paragraph A, subparagraph (i) or paragraph D, subparagraph (i); and
(b) Subject to subparagraph (iii), employ terminology which is different from the terminology which is employed in section 8-205, subsection 3, if that terminology conveys substantially the same meaning.
(iii) Either the heading or the statement under the heading which relates to the time period referred to in section 8-205, subsection 3, paragraph A, subparagraph (i), division (c) shall contain the term "grace period."

.

9-A Me. Rev. Stat. Ann. § 8-208.
Civil liability.
Except as otherwise provided in this section, and except for transactions subject to section 8-206-E, any creditor who fails to comply with any requirement imposed under this Article, including any requirement under section 8-204, with respect to any person is liable to that person in an amount equal to the sum of:
A. Any actual damage sustained by such person as a result of the failure
B. In an individual action:
(i) Twice the amount of any finance charge in connection with the transaction; or
(ii) In the case of a consumer lease, 25% of the total amount of monthly payments under the lease.
Liability under this paragraph may not be less than $100 nor greater than $1,000; except that in the case of a credit transaction not under an open-end credit plan that is secured by real property or a dwelling, liability under this paragraph may not be less than $400 nor greater than $4,000;
C. In the case of any successful action to enforce the foregoing liability or in any action in which a person is determined to have a right of recision under section 8-204, the costs of the action, together with a reasonable attorney's fee as determined by the court; and
D. In the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery is applicable, and the total recovery for any class action or series of class actions arising out of the same failure to comply by the same creditor shall not be more than the lesser of $500,000 or 1% of the net worth of the creditor. In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected and the extent to which the creditor's failure of compliance was intentional.
2. A creditor or assignee has no liability under this section, section 8-108 or section 8-109 for any failure to comply with any requirement imposed under this Article, if within 60 days after discovering an error, whether pursuant to a final written examination report or notice issued under section 8-108, subsection 3, or through the creditor's or assignee's own procedures and prior to the institution of an action under this section or the receipt of written notice of the error from the obligor, the creditor or assignee notifies the person concerned of the error and makes whatever adjustments in the appropriate account are necessary to assure that the person will not be required to pay an amount in excess of the charge actually disclosed, or the dollar equivalent of the annual percentage rate actually disclosed, whichever is lower.
3. A creditor or assignee may not be held liable in any action brought under this section or section 8-204 for a violation of this Article if the creditor or assignee shows by a perponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. Examples of a bona fide error include, but are not limited to, clerical, calculation, computer malfunction and programming and printing errors, except that an error of legal judgment with respect to a person's obligations under this Article is not a bona fide error.
4. When there are multiple obligors in a consumer credit transaction, there shall be not more than one recovery of damages under subsection 1, paragraph B, for a violation of this Article.
5. Any action under this section may be brought in any court of competent jurisdiction, within one year from the date of the occurrence of the violation. This subsection does not bar a person from asserting a violation of this Article in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action.
6. The multiple failure to disclose to any person any information required under this Article to be disclosed in connection with a single account under an open-end consumer credit plan, other single consumer credit sale, consumer loan, consumer lease or other extension of consumer credit shall entitle the person to a single recovery under this section, but continued failure to disclose after a recovery has been granted shall give rise to rights to additional recoveries. This subsection does not bar any remedy permitted by section 8-204.
7. A person may not take any action to offset any amount for which a creditor or assignee is potentially liable to such person under subsection 1, paragraph B, against any amount owed by that person, unless the amount of the creditor's or assignee's liability under this Article has been determined by judgment of a court of competent jurisdiction in an action of which that person was a party. This subsection does not bar a consumer then in default on the obligation from asserting a violation of this Article as an original action, or as a defense or counterclaim to an action to collect amounts owed by the consumer brought by a person liable under this Article.
8. With respect to disclosure under sections 8-205 and 8-206, a creditor is liable under subsection 1, paragraphs B or D, only for the failure to comply with certain disclosure requirements.
A. In connection with the disclosures of section 8-205, subsections 1 and 2 of a creditor's only liability under subsection 1, paragraphs B or D, is for failing to comply with the requirements of section 8-204, section 8-205, subsection 1 or subsection 2, paragraph D, E, F, G, H, I or J.
B. In connection with the disclosures of section 8-206, a creditor's only liability determined under subsection 1, paragraph B or D is for failing to comply with the requirements of section 8-204 or section 8-206, subsection 1, paragraph B, D, E, F, G or J.
C. With respect to any failure to make disclosures required by this Article, liability shall be imposed only upon the creditor required to make disclosures, except as provided in section 8-209.
9. In connection with the disclosures referred to in section 8-205, subsections 3 or 4, a card issuer shall have a liability under this section only to a card holder who uses a credit or charge card or pays a fee described in section 8-205, subsection 3, paragraph A, subparagraph (i), division (b), subdivision (1) or section 8-205, subsection 3, paragraph D, subparagraph (i), division (a).
9-A Me. Rev. Stat. Ann. § 8-208.
Civil liability.
Except as otherwise provided in this section, and except for transactions subject to section 8-206-E, any creditor who fails to comply with any requirement imposed under this Article, including any requirement under section 8-204, with respect to any person is liable to that person in an amount equal to the sum of:
A. Any actual damage sustained by such person as a result of the failure
B. In an individual action:
(i) Twice the amount of any finance charge in connection with the transaction; or
(ii) In the case of a consumer lease, 25% of the total amount of monthly payments under the lease.
Liability under this paragraph may not be less than $100 nor greater than $1,000; except that in the case of a credit transaction not under an open-end credit plan that is secured by real property or a dwelling, liability under this paragraph may not be less than $400 nor greater than $4,000;
C. In the case of any successful action to enforce the foregoing liability or in any action in which a person is determined to have a right of recision under section 8-204, the costs of the action, together with a reasonable attorney's fee as determined by the court; and
D. In the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery is applicable, and the total recovery for any class action or series of class actions arising out of the same failure to comply by the same creditor shall not be more than the lesser of $500,000 or 1% of the net worth of the creditor. In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the creditor, the resources of the creditor, the number of persons adversely affected and the extent to which the creditor's failure of compliance was intentional.
2. A creditor or assignee has no liability under this section, section 8-108 or section 8-109 for any failure to comply with any requirement imposed under this Article, if within 60 days after discovering an error, whether pursuant to a final written examination report or notice issued under section 8-108, subsection 3, or through the creditor's or assignee's own procedures and prior to the institution of an action under this section or the receipt of written notice of the error from the obligor, the creditor or assignee notifies the person concerned of the error and makes whatever adjustments in the appropriate account are necessary to assure that the person will not be required to pay an amount in excess of the charge actually disclosed, or the dollar equivalent of the annual percentage rate actually disclosed, whichever is lower.
3. A creditor or assignee may not be held liable in any action brought under this section or section 8-204 for a violation of this Article if the creditor or assignee shows by a perponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. Examples of a bona fide error include, but are not limited to, clerical, calculation, computer malfunction and programming and printing errors, except that an error of legal judgment with respect to a person's obligations under this Article is not a bona fide error.
4. When there are multiple obligors in a consumer credit transaction, there shall be not more than one recovery of damages under subsection 1, paragraph B, for a violation of this Article.
5. Any action under this section may be brought in any court of competent jurisdiction, within one year from the date of the occurrence of the violation. This subsection does not bar a person from asserting a violation of this Article in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action.
6. The multiple failure to disclose to any person any information required under this Article to be disclosed in connection with a single account under an open-end consumer credit plan, other single consumer credit sale, consumer loan, consumer lease or other extension of consumer credit shall entitle the person to a single recovery under this section, but continued failure to disclose after a recovery has been granted shall give rise to rights to additional recoveries. This subsection does not bar any remedy permitted by section 8-204.
7. A person may not take any action to offset any amount for which a creditor or assignee is potentially liable to such person under subsection 1, paragraph B, against any amount owed by that person, unless the amount of the creditor's or assignee's liability under this Article has been determined by judgment of a court of competent jurisdiction in an action of which that person was a party. This subsection does not bar a consumer then in default on the obligation from asserting a violation of this Article as an original action, or as a defense or counterclaim to an action to collect amounts owed by the consumer brought by a person liable under this Article.
8. With respect to disclosure under sections 8-205 and 8-206, a creditor is liable under subsection 1, paragraphs B or D, only for the failure to comply with certain disclosure requirements.
A. In connection with the disclosures of section 8-205, subsections 1 and 2 of a creditor's only liability under subsection 1, paragraphs B or D, is for failing to comply with the requirements of section 8-204, section 8-205, subsection 1 or subsection 2, paragraph D, E, F, G, H, I or J.
B. In connection with the disclosures of section 8-206, a creditor's only liability determined under subsection 1, paragraph B or D is for failing to comply with the requirements of section 8-204 or section 8-206, subsection 1, paragraph B, D, E, F, G or J.
C. With respect to any failure to make disclosures required by this Article, liability shall be imposed only upon the creditor required to make disclosures, except as provided in section 8-209.
9. In connection with the disclosures referred to in section 8-205, subsections 3 or 4, a card issuer shall have a liability under this section only to a card holder who uses a credit or charge card or pays a fee described in section 8-205, subsection 3, paragraph A, subparagraph (i), division (b), subdivision (1) or section 8-205, subsection 3, paragraph D, subparagraph (i), division (a).

.

9 Me. Rev. Stat. Ann. § 5001.
Short title.
This Act shall be known and may be cited as the "Charitable Solicitations Act."9 Me. Rev. Stat. Ann. § 5001.
Short title.
This Act shall be known and may be cited as the "Charitable Solicitations Act."

.

9 Me. Rev. Stat. Ann. § 5002.
Intent.
It is the intent of the Legislature to require the licensure and financial reporting of charitable organizations, professional solicitors, professional fund-raising counsel and commercial co-venturers and the bonding of professional solicitors and commercial co-venturers.9 Me. Rev. Stat. Ann. § 5002.
Intent.
It is the intent of the Legislature to require the licensure and financial reporting of charitable organizations, professional solicitors, professional fund-raising counsel and commercial co-venturers and the bonding of professional solicitors and commercial co-venturers.

.

9 Me. Rev. Stat. Ann. § 5003.
Definitions.
As used in this Act, unless the context specifically indicates otherwise, the following words shall have the following meanings.
1. Charitable organization. "Charitable organization" means any person or entity, including any person or entity organized in a foreign state, that is or holds itself out to be organized or operated for any charitable purpose or that solicits, accepts or obtains contributions from the public for any charitable purpose and by any means, including, but not limited to, personal contact, telephone, mail, newspaper advertisement, television or radio. Status as a tax-exempt entity does not necessarily qualify that entity as a charitable organization. A chapter, branch, area office or similar affiliate or any person soliciting contributions for any charitable purpose within the State for a charitable organization that has its principal place of business outside the State is considered a charitable organization for the purposes of this Act. For purposes of this chapter, an organization established for and serving bona fide religious purposes is not a charitable organization.
2. Charitable purpose. "Charitable purpose" means any charitable, benevolent, educational, philanthropic, humane, patriotic or eleemosynary purpose.
3. Commercial co-venturer. "Commercial co-venturer" means any person who, for profit, is regularly and primarily engaged in trade or commerce in this State, other than in connection with the raising of funds for charitable organizations or purposes, and who conducts a sale, performance, event or collection and sale of donated goods that is advertised in conjunction with the name of any charitable organization. Any such person who will benefit in good will only may not be considered a commercial co-venturer if the collection and distribution of the proceeds of the sale, performance or event, or the collection and sale of donated goods, are supervised and controlled by the benefiting charitable organization. Any such person whose annual contributions to charitable organizations do not exceed $10,000 is exempt from the licensure requirement under section 5002.
[ 2007, c. 402, Pt. A, §2 (AMD) .]
3-A. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation.
[ 1999, c. 386, Pt. A, §3 (AMD) .]
4. Contribution. "Contribution" means the promise or grant of any money or property of any kind or value, including the payment or promise to pay in consideration of a sale, performance or event of any kind which is advertised in conjunction with the name of any charitable organization. This definition does not include:
A. Payments by members of an organization for membership fees, dues, fines or assessments, or for services rendered to individual members, if membership in the organization confers a bona fide right, privilege, professional standing, honor or other direct benefits, other than the right to vote, elect officers or hold offices; [2005, c. 497, §3 (AMD).]
B. Money or property received from any governmental authority; or [2005, c. 497, §4 (AMD).]
C. Money or property received from a foundation established for charitable or educational purposes. [2005, c. 497, §5 (NEW).]
[ 2005, c. 497, §§3-5 (AMD) .]
4-A. Entity. "Entity" means any natural person, corporation, partnership, limited liability company, association or any other organization.
[ 1999, c. 386, Pt. A, §4 (NEW) .]
4-B. Department. "Department" means the Department of Professional and Financial Regulation.
[ 2003, c. 541, §3 (NEW) .]
5. Federated fund-raising organization. "Federated fund-raising organization" means a federation of independent charitable organizations which have voluntarily joined together, including, but not limited to, a United Fund, United Way or Community Chest, for purposes of raising and distributing money for and among themselves and where membership does not confer operating authority and control of the individual organizations upon the federated fund-raising organization.
[ 1977, c. 488, §1 (NEW) .]
5-A. Independent public accountant. "Independent public accountant" means a public accountant who is not the prinicipal officer or other officer, professional solicitor, professional fund-raising counsel or commercial co-venturer of the charitable organization or parent organization.
[ 1977, c. 696, §359 (NEW) .]
5-B. Fund raising. "Fund raising" means a solicitation to the public for funds, except those solicitations which are made as an integral part of the presentation of program services.
[ 1979, c. 678, §1 (NEW) .]
5-C. Hospital. "Hospital" means an institution that is engaged primarily in providing inpatient, outpatient or both inpatient and outpatient medical and psychiatric diagnostic and therapeutic services in the care and treatment of injured, disabled, sick or mentally ill persons who are under the supervision of a physician.
[ 1999, c. 386, Pt. A, §5 (AMD) .]
5-D. Management. "Management" means the overall direction of the organization, general record keeping, business management, budgeting, general board activities and related management functions.
[ 1979, c. 678, §1 (NEW) .]
5-E. Membership. "Membership" means the relationship of a person to an organization that entitles that person to the privileges, professional standing, honors or other direct benefits of the organization in addition to the right to vote, elect officers and hold office in the organization.
[ 1999, c. 386, Pt. A, §6 (NEW) .]
5-F. Office. "Office" means the Office of Licensing and Registration within the Department of Professional and Financial Regulation.
[ 1999, c. 386, Pt. A, §6 (NEW) .]
6. Parent organization. "Parent organization" means that part of a charitable organization which coordinates, supervises or exercises control over policy, fund-raising and expenditures, or assists or advises one or more chapters, branches or affiliates in the State. A federated fund-raising organization, as defined in this chapter, shall not be considered a parent organization.
[ 1977, c. 488, §1 (NEW) .]
7. Person. "Person" means any individual, organization, trust, foundation, group, association, partnership, corporation, society or any combination of them.
[ 1977, c. 488, §1 (NEW) .]
8. Principal officer. "Principal officer" means the president, chairman or other charitable officers responsible for the daily operation of the charitable organization.
[ 1977, c. 488, §1 (NEW) .]
9. Professional fund-raising counsel. "Professional fund-raising counsel" means any person who is retained, for compensation, by a charitable organization to plan, manage, advise or provide consultation services with respect to the solicitation in this State of contributions, but who does not solicit contributions, has neither custody nor control of contributions and does not directly or indirectly employ, procure or engage any person compensated to solicit contributions. A bona fide nontemporary salaried officer or employee of a charitable organization is not considered to be a professional fund-raising counsel. An attorney, investment counselor or banker who advises any person to make a contribution to a charitable organization is not, as the result of such advice, a professional fund-raising counsel.
[ 2003, c. 541, §4 (AMD) .]
10. Professional solicitor. "Professional solicitor" means any person or entity that, alone or through its employees or agents, solicits contributions from the public on behalf of a charitable organization in exchange for a fee or other remuneration. "Professional solicitor" does not include a bona fide employee, bona fide salaried officer, attorney, accountant or investment counselor of a charitable organization.
[ 1999, c. 386, Pt. A, §7 (AMD) .]
10-A. Program services. "Program services" means those activities directly related to the stated charitable purposes of the charitable organization. "Program services" does not mean activities related to fund raising or management.
[ 1979, c. 678, §2 (NEW) .]
11. Solicit and solicitation. "Solicit and solicitation" means any oral or written request, however communicated directly or indirectly, for any contribution. "Solicitation" as defined herein shall be deemed to have taken place when the request is made, whether or not the person making the solicitation receives any contribution in response.
9 Me. Rev. Stat. Ann. § 5003.
Definitions.
As used in this Act, unless the context specifically indicates otherwise, the following words shall have the following meanings.
1. Charitable organization. "Charitable organization" means any person or entity, including any person or entity organized in a foreign state, that is or holds itself out to be organized or operated for any charitable purpose or that solicits, accepts or obtains contributions from the public for any charitable purpose and by any means, including, but not limited to, personal contact, telephone, mail, newspaper advertisement, television or radio. Status as a tax-exempt entity does not necessarily qualify that entity as a charitable organization. A chapter, branch, area office or similar affiliate or any person soliciting contributions for any charitable purpose within the State for a charitable organization that has its principal place of business outside the State is considered a charitable organization for the purposes of this Act. For purposes of this chapter, an organization established for and serving bona fide religious purposes is not a charitable organization.
2. Charitable purpose. "Charitable purpose" means any charitable, benevolent, educational, philanthropic, humane, patriotic or eleemosynary purpose.
3. Commercial co-venturer. "Commercial co-venturer" means any person who, for profit, is regularly and primarily engaged in trade or commerce in this State, other than in connection with the raising of funds for charitable organizations or purposes, and who conducts a sale, performance, event or collection and sale of donated goods that is advertised in conjunction with the name of any charitable organization. Any such person who will benefit in good will only may not be considered a commercial co-venturer if the collection and distribution of the proceeds of the sale, performance or event, or the collection and sale of donated goods, are supervised and controlled by the benefiting charitable organization. Any such person whose annual contributions to charitable organizations do not exceed $10,000 is exempt from the licensure requirement under section 5002.
[ 2007, c. 402, Pt. A, §2 (AMD) .]
3-A. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation.
[ 1999, c. 386, Pt. A, §3 (AMD) .]
4. Contribution. "Contribution" means the promise or grant of any money or property of any kind or value, including the payment or promise to pay in consideration of a sale, performance or event of any kind which is advertised in conjunction with the name of any charitable organization. This definition does not include:
A. Payments by members of an organization for membership fees, dues, fines or assessments, or for services rendered to individual members, if membership in the organization confers a bona fide right, privilege, professional standing, honor or other direct benefits, other than the right to vote, elect officers or hold offices; [2005, c. 497, §3 (AMD).]
B. Money or property received from any governmental authority; or [2005, c. 497, §4 (AMD).]
C. Money or property received from a foundation established for charitable or educational purposes. [2005, c. 497, §5 (NEW).]
[ 2005, c. 497, §§3-5 (AMD) .]
4-A. Entity. "Entity" means any natural person, corporation, partnership, limited liability company, association or any other organization.
[ 1999, c. 386, Pt. A, §4 (NEW) .]
4-B. Department. "Department" means the Department of Professional and Financial Regulation.
[ 2003, c. 541, §3 (NEW) .]
5. Federated fund-raising organization. "Federated fund-raising organization" means a federation of independent charitable organizations which have voluntarily joined together, including, but not limited to, a United Fund, United Way or Community Chest, for purposes of raising and distributing money for and among themselves and where membership does not confer operating authority and control of the individual organizations upon the federated fund-raising organization.
[ 1977, c. 488, §1 (NEW) .]
5-A. Independent public accountant. "Independent public accountant" means a public accountant who is not the prinicipal officer or other officer, professional solicitor, professional fund-raising counsel or commercial co-venturer of the charitable organization or parent organization.
[ 1977, c. 696, §359 (NEW) .]
5-B. Fund raising. "Fund raising" means a solicitation to the public for funds, except those solicitations which are made as an integral part of the presentation of program services.
[ 1979, c. 678, §1 (NEW) .]
5-C. Hospital. "Hospital" means an institution that is engaged primarily in providing inpatient, outpatient or both inpatient and outpatient medical and psychiatric diagnostic and therapeutic services in the care and treatment of injured, disabled, sick or mentally ill persons who are under the supervision of a physician.
[ 1999, c. 386, Pt. A, §5 (AMD) .]
5-D. Management. "Management" means the overall direction of the organization, general record keeping, business management, budgeting, general board activities and related management functions.
[ 1979, c. 678, §1 (NEW) .]
5-E. Membership. "Membership" means the relationship of a person to an organization that entitles that person to the privileges, professional standing, honors or other direct benefits of the organization in addition to the right to vote, elect officers and hold office in the organization.
[ 1999, c. 386, Pt. A, §6 (NEW) .]
5-F. Office. "Office" means the Office of Licensing and Registration within the Department of Professional and Financial Regulation.
[ 1999, c. 386, Pt. A, §6 (NEW) .]
6. Parent organization. "Parent organization" means that part of a charitable organization which coordinates, supervises or exercises control over policy, fund-raising and expenditures, or assists or advises one or more chapters, branches or affiliates in the State. A federated fund-raising organization, as defined in this chapter, shall not be considered a parent organization.
[ 1977, c. 488, §1 (NEW) .]
7. Person. "Person" means any individual, organization, trust, foundation, group, association, partnership, corporation, society or any combination of them.
[ 1977, c. 488, §1 (NEW) .]
8. Principal officer. "Principal officer" means the president, chairman or other charitable officers responsible for the daily operation of the charitable organization.
[ 1977, c. 488, §1 (NEW) .]
9. Professional fund-raising counsel. "Professional fund-raising counsel" means any person who is retained, for compensation, by a charitable organization to plan, manage, advise or provide consultation services with respect to the solicitation in this State of contributions, but who does not solicit contributions, has neither custody nor control of contributions and does not directly or indirectly employ, procure or engage any person compensated to solicit contributions. A bona fide nontemporary salaried officer or employee of a charitable organization is not considered to be a professional fund-raising counsel. An attorney, investment counselor or banker who advises any person to make a contribution to a charitable organization is not, as the result of such advice, a professional fund-raising counsel.
[ 2003, c. 541, §4 (AMD) .]
10. Professional solicitor. "Professional solicitor" means any person or entity that, alone or through its employees or agents, solicits contributions from the public on behalf of a charitable organization in exchange for a fee or other remuneration. "Professional solicitor" does not include a bona fide employee, bona fide salaried officer, attorney, accountant or investment counselor of a charitable organization.
[ 1999, c. 386, Pt. A, §7 (AMD) .]
10-A. Program services. "Program services" means those activities directly related to the stated charitable purposes of the charitable organization. "Program services" does not mean activities related to fund raising or management.
[ 1979, c. 678, §2 (NEW) .]
11. Solicit and solicitation. "Solicit and solicitation" means any oral or written request, however communicated directly or indirectly, for any contribution. "Solicitation" as defined herein shall be deemed to have taken place when the request is made, whether or not the person making the solicitation receives any contribution in response.

.

9 Me. Rev. Stat. Ann. § 5004.
Licensure of charitable organizations.
Charitable organizations must be licensed as follows. [2007, c. 402, Pt. A, §3 (AMD).]
1. License applications by charitable organizations. The following provisions govern license applications by charitable organizations.
A. Unless exempt pursuant to section 5006, a charitable organization that intends to solicit, accept or obtain contributions in this State or to have contributions solicited, accepted or obtained on its behalf within this State shall file a license application with the office at least 30 days before soliciting, accepting or obtaining contributions in each year in which the organization is engaged in soliciting, accepting or obtaining contributions. The charitable organization shall identify any affiliate organizations or chapters on its license application. [2007, c. 402, Pt. A, §3 (AMD).]
B. A parent organization may file a consolidated license application for its affiliates, chapters and branches in this State and shall pay a single fee for such a consolidated license application. [2007, c. 402, Pt. A, §3 (AMD).]
C. Before issuance of a license by the office , a charitable organization that is required to file an initial license application or annual renewal application may not solicit, accept or obtain contributions or have contributions solicited, accepted or obtained on its behalf by any other person, charitable organization, commercial co-venturer or professional solicitor, or participate in charitable sales promotion. [2009, c. 112, Pt. A, §1 (AMD).]
[ 2009, c. 112, Pt. A, §1 (AMD) .]
2. Fee for registration statement.
[ 1977, c. 654, §2 (RP) .]
2-A. Fee for license application. Charitable organizations shall pay the application fee , initial fee and renewal fee as set under section 5015-A. The application fee is nonrefundable.
[ 2007, c. 402, Pt. A, §3 (AMD) .]
3. Content of license application. A license application must be sworn to or affirmed by the principal officer of any charitable organization and must contain the following information, which must be updated within 10 days when any change occurs in the information filed:
A. The name of the organization and the purpose for which it was organized; [1977, c. 488, §1 (NEW).]
B. The principal address of the organization and the address of any offices in this State, or, if the organization does not maintain an office, the name and address of the person having custody of its financial records; [1977, c. 488, §1 (NEW).]
C. The names and addresses of any chapters, branches or affiliates in this State; [1977, c. 488, §1 (NEW).]
D. The place where and the date when the organization was legally established, the form of its organization and a reference to any determination of its tax-exempt status under the United States Internal Revenue Code; [1977, c. 488, §1 (NEW).]
E. The names and addresses of the officers, directors or trustees and the principal salaried executive staff officer; [1977, c. 488, §1 (NEW).]
F. A statement as to whether the organization intends to solicit contributions from the public directly or have such done on its behalf by others; [1977, c. 488, §1 (NEW).]
G. The name and address of any professional fund-raising counsel, professional solicitor or commercial co-venturer who acts or will act on behalf of the charitable organization and terms of remuneration of the counsel, solicitor or co-venturer; [1979, c. 678, §3 (AMD).]
H. A statement as to whether the organization is authorized by any other governmental authority to solicit contributions and whether it is or has ever been enjoined by any court from soliciting contributions; [1977, c. 488, §1 (NEW).]
I. The purpose or purposes for which the contributions to be solicited will be used; [2007, c. 402, Pt. A, §3 (AMD).]
J. [1999, c. 386, Pt. A, §11 (RP).]
K. The name or names under which it intends to solicit contributions; [1977, c. 488, §1 (NEW).]
L. The names of the individuals or officers of the organizations who will have final responsibility for the custody of the contributions; [1977, c. 488, §1 (NEW).]
M. The names of the individuals or officers of the organization responsible for the final distribution of the contributions; [1977, c. 488, §1 (NEW).]
N. The total amount of money received as contributions during the organization's preceding fiscal year and the dates of the fiscal year; and [2007, c. 402, Pt. A, §3 (AMD).]
O. [2007, c. 402, Pt. A, §3 (RP).]
P. A determination letter from the federal Internal Revenue Service, confirming the tax-exempt status of the charitable organization. [2003, c. 541, §7 (NEW).]
[ 2007, c. 402, Pt. A, §3 (AMD) .]
4. Renewal of licensure as charitable organization. The following provisions govern the application and qualifications for renewal of a license as a charitable organization.
A. A person or entity that holds a valid license must submit to the office a completed application for renewal prior to the date of expiration of the license. [2007, c. 402, Pt. A, §3 (AMD).]
B. An application for license renewal may not be considered until it is complete. If the application is incomplete, the applicant must include a letter documenting the specific reasons the application is incomplete. If that letter is not included, the incomplete application must be returned for completion. [2007, c. 402, Pt. A, §3 (AMD).]
C. A charitable organization that submits an application for renewal after the expiration date must include with the application:
(1) A financial report covering the most recently audited fiscal year;
(2) The filing fee and license renewal fee as set under section 5015-A; and
(3) A completed application. [2007, c. 402, Pt. A, §3 (AMD).]
D. The complete packet for renewal of license application must include all the requirements identified in subsection 3 as well as the following:
(1) An audited financial statement, including federal Internal Revenue Service 990 and Schedule A forms or a 990 EZ form. Failure to file an audited financial statement of the organization's most recent audited fiscal year may be grounds for disciplinary action as provided under Title 10, section 8003, subsection 5. The office shall adopt rules governing the content of the audited financial statement. Rules adopted pursuant to this subparagraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
9 Me. Rev. Stat. Ann. § 5004.
Licensure of charitable organizations.
Charitable organizations must be licensed as follows. [2007, c. 402, Pt. A, §3 (AMD).]
1. License applications by charitable organizations. The following provisions govern license applications by charitable organizations.
A. Unless exempt pursuant to section 5006, a charitable organization that intends to solicit, accept or obtain contributions in this State or to have contributions solicited, accepted or obtained on its behalf within this State shall file a license application with the office at least 30 days before soliciting, accepting or obtaining contributions in each year in which the organization is engaged in soliciting, accepting or obtaining contributions. The charitable organization shall identify any affiliate organizations or chapters on its license application. [2007, c. 402, Pt. A, §3 (AMD).]
B. A parent organization may file a consolidated license application for its affiliates, chapters and branches in this State and shall pay a single fee for such a consolidated license application. [2007, c. 402, Pt. A, §3 (AMD).]
C. Before issuance of a license by the office , a charitable organization that is required to file an initial license application or annual renewal application may not solicit, accept or obtain contributions or have contributions solicited, accepted or obtained on its behalf by any other person, charitable organization, commercial co-venturer or professional solicitor, or participate in charitable sales promotion. [2009, c. 112, Pt. A, §1 (AMD).]
[ 2009, c. 112, Pt. A, §1 (AMD) .]
2. Fee for registration statement.
[ 1977, c. 654, §2 (RP) .]
2-A. Fee for license application. Charitable organizations shall pay the application fee , initial fee and renewal fee as set under section 5015-A. The application fee is nonrefundable.
[ 2007, c. 402, Pt. A, §3 (AMD) .]
3. Content of license application. A license application must be sworn to or affirmed by the principal officer of any charitable organization and must contain the following information, which must be updated within 10 days when any change occurs in the information filed:
A. The name of the organization and the purpose for which it was organized; [1977, c. 488, §1 (NEW).]
B. The principal address of the organization and the address of any offices in this State, or, if the organization does not maintain an office, the name and address of the person having custody of its financial records; [1977, c. 488, §1 (NEW).]
C. The names and addresses of any chapters, branches or affiliates in this State; [1977, c. 488, §1 (NEW).]
D. The place where and the date when the organization was legally established, the form of its organization and a reference to any determination of its tax-exempt status under the United States Internal Revenue Code; [1977, c. 488, §1 (NEW).]
E. The names and addresses of the officers, directors or trustees and the principal salaried executive staff officer; [1977, c. 488, §1 (NEW).]
F. A statement as to whether the organization intends to solicit contributions from the public directly or have such done on its behalf by others; [1977, c. 488, §1 (NEW).]
G. The name and address of any professional fund-raising counsel, professional solicitor or commercial co-venturer who acts or will act on behalf of the charitable organization and terms of remuneration of the counsel, solicitor or co-venturer; [1979, c. 678, §3 (AMD).]
H. A statement as to whether the organization is authorized by any other governmental authority to solicit contributions and whether it is or has ever been enjoined by any court from soliciting contributions; [1977, c. 488, §1 (NEW).]
I. The purpose or purposes for which the contributions to be solicited will be used; [2007, c. 402, Pt. A, §3 (AMD).]
J. [1999, c. 386, Pt. A, §11 (RP).]
K. The name or names under which it intends to solicit contributions; [1977, c. 488, §1 (NEW).]
L. The names of the individuals or officers of the organizations who will have final responsibility for the custody of the contributions; [1977, c. 488, §1 (NEW).]
M. The names of the individuals or officers of the organization responsible for the final distribution of the contributions; [1977, c. 488, §1 (NEW).]
N. The total amount of money received as contributions during the organization's preceding fiscal year and the dates of the fiscal year; and [2007, c. 402, Pt. A, §3 (AMD).]
O. [2007, c. 402, Pt. A, §3 (RP).]
P. A determination letter from the federal Internal Revenue Service, confirming the tax-exempt status of the charitable organization. [2003, c. 541, §7 (NEW).]
[ 2007, c. 402, Pt. A, §3 (AMD) .]
4. Renewal of licensure as charitable organization. The following provisions govern the application and qualifications for renewal of a license as a charitable organization.
A. A person or entity that holds a valid license must submit to the office a completed application for renewal prior to the date of expiration of the license. [2007, c. 402, Pt. A, §3 (AMD).]
B. An application for license renewal may not be considered until it is complete. If the application is incomplete, the applicant must include a letter documenting the specific reasons the application is incomplete. If that letter is not included, the incomplete application must be returned for completion. [2007, c. 402, Pt. A, §3 (AMD).]
C. A charitable organization that submits an application for renewal after the expiration date must include with the application:
(1) A financial report covering the most recently audited fiscal year;
(2) The filing fee and license renewal fee as set under section 5015-A; and
(3) A completed application. [2007, c. 402, Pt. A, §3 (AMD).]
D. The complete packet for renewal of license application must include all the requirements identified in subsection 3 as well as the following:
(1) An audited financial statement, including federal Internal Revenue Service 990 and Schedule A forms or a 990 EZ form. Failure to file an audited financial statement of the organization's most recent audited fiscal year may be grounds for disciplinary action as provided under Title 10, section 8003, subsection 5. The office shall adopt rules governing the content of the audited financial statement. Rules adopted pursuant to this subparagraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

.

9 Me. Rev. Stat. Ann. § 5005-A.
Records.
A charitable organization shall maintain accurate and complete books and records of all fund-raising campaigns and shall keep those books and records available for inspection by the Attorney General or by the office for 3 years after the conclusion of each fund-raising campaign.9 Me. Rev. Stat. Ann. § 5005-A.
Records.
A charitable organization shall maintain accurate and complete books and records of all fund-raising campaigns and shall keep those books and records available for inspection by the Attorney General or by the office for 3 years after the conclusion of each fund-raising campaign.

.

9 Me. Rev. Stat. Ann. § 5007.
Out-of-state organization.
A charitable organization, professional solicitor, professional fund-raising counsel or commercial co-venturer having its principal place of business without the State, or organized under and by virtue of the laws of a foreign state, that solicits contributions from the people in this State by whatever means, including, but not limited to, personal contact, telephone, mail, newspaper advertisement, television or radio, or acts on behalf of a charitable organization in this State, is deemed to have irrevocably appointed the commissioner as its agent upon whom may be served any summons, subpoena, subpoena duces tecum or other process directed to such a charitable organization, professional solicitor, professional fund-raising counsel or commercial co-venturer or to any partner, principal, officer or director thereof, in any action or proceeding brought by the Attorney General under this chapter. [2003, c. 541, §11 (AMD).]

This section does not apply to a national bank, a federal savings bank, a subsidiary of a national bank or federal savings bank or any other financial institution or credit union chartered under the laws of the United States or any state and subject to supervision and regulation by a federal financial regulatory agency.
9 Me. Rev. Stat. Ann. § 5007.
Out-of-state organization.
A charitable organization, professional solicitor, professional fund-raising counsel or commercial co-venturer having its principal place of business without the State, or organized under and by virtue of the laws of a foreign state, that solicits contributions from the people in this State by whatever means, including, but not limited to, personal contact, telephone, mail, newspaper advertisement, television or radio, or acts on behalf of a charitable organization in this State, is deemed to have irrevocably appointed the commissioner as its agent upon whom may be served any summons, subpoena, subpoena duces tecum or other process directed to such a charitable organization, professional solicitor, professional fund-raising counsel or commercial co-venturer or to any partner, principal, officer or director thereof, in any action or proceeding brought by the Attorney General under this chapter. [2003, c. 541, §11 (AMD).]

This section does not apply to a national bank, a federal savings bank, a subsidiary of a national bank or federal savings bank or any other financial institution or credit union chartered under the laws of the United States or any state and subject to supervision and regulation by a federal financial regulatory agency.

.

9 Me. Rev. Stat. Ann. § 5011.
Public information.
All information required to be filed under this chapter is a public record and must be available to the public at the office of the commissioner or in any manner the commissioner may prescribe.9 Me. Rev. Stat. Ann. § 5011.
Public information.
All information required to be filed under this chapter is a public record and must be available to the public at the office of the commissioner or in any manner the commissioner may prescribe.

.

9 Me. Rev. Stat. Ann. § 5011-A.
Professional solicitor disclosure.
A professional solicitor or person who a professional solicitor employs or engages, directly or indirectly, to solicit contributions may not: [2003, c. 541, §15 (NEW).]
1. Misrepresentation of relationship. Misrepresent, directly or indirectly, that person's relationship to a charitable organization;
[ 2003, c. 541, §15 (NEW) .]
2. Misrepresentation of fact. Misrepresent, directly or indirectly, to a contributor or potential contributor any fact relating to the solicitation, including, but not limited to, the percentage of the contribution that will be paid over to the charitable organization or the purpose for which the contribution will be used;
[ 2003, c. 541, §15 (NEW) .]
3. Use of contributions. Represent, directly or indirectly, that any part of the contributions received will be given or donated to any charitable organization unless the organization has previously consented in writing to the use of its name; or
[ 2003, c. 541, §15 (NEW) .]
4. Disclosure of information. Solicit a contribution from any person in this State without clearly and conspicuously disclosing to the person, prior to the time the person makes or authorizes payment of a donation:
A. The name and address of the professional solicitor; [2003, c. 541, §15 (NEW).]
B. That the solicitor is being paid by the charitable organization on whose behalf the solicitation is being made; and [2003, c. 541, §15 (NEW).]
C. How the potential contributor may obtain information from the State on the respective percentages of contributions that will be paid to the charitable organization and to the paid fund-raiser. [2003, c. 541, §15 (NEW).]
[ 2003, c. 541, §15 (NEW) .]

This section does not apply to a national bank, a federal savings bank, a subsidiary of a national bank or federal savings bank or any other financial institution or credit union chartered under the laws of the United States or any state and subject to supervision and regulation by a federal financial regulatory agency.
9 Me. Rev. Stat. Ann. § 5011-A.
Professional solicitor disclosure.
A professional solicitor or person who a professional solicitor employs or engages, directly or indirectly, to solicit contributions may not: [2003, c. 541, §15 (NEW).]
1. Misrepresentation of relationship. Misrepresent, directly or indirectly, that person's relationship to a charitable organization;
[ 2003, c. 541, §15 (NEW) .]
2. Misrepresentation of fact. Misrepresent, directly or indirectly, to a contributor or potential contributor any fact relating to the solicitation, including, but not limited to, the percentage of the contribution that will be paid over to the charitable organization or the purpose for which the contribution will be used;
[ 2003, c. 541, §15 (NEW) .]
3. Use of contributions. Represent, directly or indirectly, that any part of the contributions received will be given or donated to any charitable organization unless the organization has previously consented in writing to the use of its name; or
[ 2003, c. 541, §15 (NEW) .]
4. Disclosure of information. Solicit a contribution from any person in this State without clearly and conspicuously disclosing to the person, prior to the time the person makes or authorizes payment of a donation:
A. The name and address of the professional solicitor; [2003, c. 541, §15 (NEW).]
B. That the solicitor is being paid by the charitable organization on whose behalf the solicitation is being made; and [2003, c. 541, §15 (NEW).]
C. How the potential contributor may obtain information from the State on the respective percentages of contributions that will be paid to the charitable organization and to the paid fund-raiser. [2003, c. 541, §15 (NEW).]
[ 2003, c. 541, §15 (NEW) .]

This section does not apply to a national bank, a federal savings bank, a subsidiary of a national bank or federal savings bank or any other financial institution or credit union chartered under the laws of the United States or any state and subject to supervision and regulation by a federal financial regulatory agency.

.

9 Me. Rev. Stat. Ann. § 5012.
Charitable solicitation disclosure.
It is a violation of this chapter for: [2003, c. 541, §16 (AMD).]
1. Solicitation of contributions. Any person or entity to solicit contributions from a prospective donor without fully disclosing to the prospective donor, at the time of solicitation but prior to the request for contributions, the name and address of the charitable organization for which the solicitation is being conducted.
[ 2003, c. 541, §16 (AMD) .]
2. Solicitation by a professional charitable fund raiser.
[ 2003, c. 541, §16 (RP) .]

This section does not apply to a national bank, a federal savings bank, a subsidiary of a national bank or federal savings bank or any other financial institution or credit union chartered under the laws of the United States or any state and subject to supervision and regulation by a federal financial regulatory agency.
9 Me. Rev. Stat. Ann. § 5012.
Charitable solicitation disclosure.
It is a violation of this chapter for: [2003, c. 541, §16 (AMD).]
1. Solicitation of contributions. Any person or entity to solicit contributions from a prospective donor without fully disclosing to the prospective donor, at the time of solicitation but prior to the request for contributions, the name and address of the charitable organization for which the solicitation is being conducted.
[ 2003, c. 541, §16 (AMD) .]
2. Solicitation by a professional charitable fund raiser.
[ 2003, c. 541, §16 (RP) .]

This section does not apply to a national bank, a federal savings bank, a subsidiary of a national bank or federal savings bank or any other financial institution or credit union chartered under the laws of the United States or any state and subject to supervision and regulation by a federal financial regulatory agency.

.

9 Me. Rev. Stat. Ann. § 5012-A.
Commericial co-venturer disclosure.
A commercial co-venturer who is engaged in the solicitation of goods is guilty of a deceptive and prohibited practice if that commercial co-venturer charges a charitable organization a sum of money for the goods and the co-venturer's services in the collection of those goods that far exceeds the fair market value of those goods and services. Such an action constitutes a fraud against the charity and its donors. Fair market value may be established in any commercially acceptable fashion including a comparison of the amount paid for similar goods and services by a similar charity. Any promotional materials used by a commercial co-venturer to disclose that a component of the purchase price of the goods will accrue to the benefit of a charitable organization must also state either the percentage of the purchase price or the dollar amount to be remitted. This section does not apply to a national bank, a federal savings bank, a subsidiary of a national bank or federal savings bank or any other financial institution or credit union chartered under the laws of the United States or any state and subject to supervision and regulation by a federal financial regulatory agency.9 Me. Rev. Stat. Ann. § 5012-A.
Commericial co-venturer disclosure.
A commercial co-venturer who is engaged in the solicitation of goods is guilty of a deceptive and prohibited practice if that commercial co-venturer charges a charitable organization a sum of money for the goods and the co-venturer's services in the collection of those goods that far exceeds the fair market value of those goods and services. Such an action constitutes a fraud against the charity and its donors. Fair market value may be established in any commercially acceptable fashion including a comparison of the amount paid for similar goods and services by a similar charity. Any promotional materials used by a commercial co-venturer to disclose that a component of the purchase price of the goods will accrue to the benefit of a charitable organization must also state either the percentage of the purchase price or the dollar amount to be remitted. This section does not apply to a national bank, a federal savings bank, a subsidiary of a national bank or federal savings bank or any other financial institution or credit union chartered under the laws of the United States or any state and subject to supervision and regulation by a federal financial regulatory agency.

.

9 Me. Rev. Stat. Ann. § 5013.
Unauthorized used of names.
Unauthorized use of names
1. Use of name; written consent. No person shall, for the purpose of soliciting contributions from persons in this State, use the name of any other person, without the specific written consent of the other person.
2. Publication. Nothing contained in this section shall prevent the publication of names of contributors without their written consents in an annual or other periodic report issued by a charitable organization for the purpose of reporting on its operations and affairs to its membership or for the purpose of reporting contributions to contributors.
9 Me. Rev. Stat. Ann. § 5013.
Unauthorized used of names.
Unauthorized use of names
1. Use of name; written consent. No person shall, for the purpose of soliciting contributions from persons in this State, use the name of any other person, without the specific written consent of the other person.
2. Publication. Nothing contained in this section shall prevent the publication of names of contributors without their written consents in an annual or other periodic report issued by a charitable organization for the purpose of reporting on its operations and affairs to its membership or for the purpose of reporting contributions to contributors.

.

9 Me. Rev. Stat. Ann. § 5014.
Violation as unfair trade practice.
Any violation of this chapter shall constitute a violation of Title 5, chapter 10, the Unfair Trade Practices Act.

Any intentional violation of this chapter shall be a Class D crime.
9 Me. Rev. Stat. Ann. § 5014.
Violation as unfair trade practice.
Any violation of this chapter shall constitute a violation of Title 5, chapter 10, the Unfair Trade Practices Act.

Any intentional violation of this chapter shall be a Class D crime.