An Act To Create a No-contact List and Prohibit Unsolicited E-mail
Maine Legislature, Session 121, LD 1360
Committee: Utilities and Energy
Sponsors: DOUGLASS, BROMLEY, GAGNE-FRIEL, LUNDEEN, MOODY, NORTON, RINES

Legislative Document 
No. 1360 
S.P.448 
In Senate, March 18, 2003 
An Act To Create a No-contact List and Prohibit Unsolicited E-mail 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator DOUGLASS of Androscoggin. 
JOY 1. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator: BROMLEY of Cumberland, Representatives: GAGNE-FRIEL of 
Buckfield, LUNDEEN of Mars Hill, MOODY of Manchester, NORTON of Bangor, RINES of 
Wiscasset. 
Printed on recyc led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA c. 225, as amended, is repealed. 
Sec. 2. 32 MRSA § 14716, sub-§3, as enac ted by PL 2001, c. 324, 
§12, is repealed. 
Sec.3. 32 MRSA c.128, sub-c. 3 is enacted to read: 
SUBCHAPTER 3 
TELEMARKETING .AND E-MAIL REGULATION 
§14751. 
Definitions 
As used in this subchapter, unless the context otherwise 
indicates, the following terms have the following meanings. 
1. 
Automated 
telephone 
calling 
device. 
"Automated 
telephone calling device" means 
any system or equipment that 
selects, dials or calls telephone numbers 
and plays recorded 
messages. 
2. 
Caller identification service. 
"Caller identification 
service" means a service or device designed to provide the user 
of the service or device with the telephone number of an incoming 
telephone call. 
3. 
Consumer good or service. 
"Consumer good or service" 
means property of any kind that is normally used for personal, 
family or household purposes. 
"Consumer good or service" does 
not include a security as defined in Title 11, section 8-1102. 
4. 
E-mail. 
"E-mail" 
means 
electronic 
mail 
sent 
or 
delivered by transmission over the Internet. 
5. 
E-mail 
service provider. 
..E-mail 
service 
provider" 
means a business or organization qualified to do business in this 
State that provides individuals, corporations or other entities 
the ability to send or receive e-mail through equipment located 
in this State or that is an intermediary in sending or receiving 
e-mail. 
6. 
Established 
business 
relationship. 
"Established 
business relationship" means a prior or existing relationship of 
a 
person formed by a voluntary 2-way communication between a 
person and a 
consumer, 
regardless of whether consideration is 
exchanged, reyarding consumer goods or services offered by the 
person that has not been terminated by either party. 
Page l-LR1206(l) 
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7. 
Facsi.i Ie 
recording 
device. 
"Facsimile 
recording 
device" 
means 
any 
device 
capable 
of 
receiving 
a 
facsimile 
transmission. 
8. 
Facsimile solicitation. 
"Facsimile solicitation" means 
a 
telemarketing call made 
by 
a 
transmission to 
a 
facsimile 
recording device. 
9. 
Maine no contact list. 
"Maine no contact list" means 
the list compiled pursuant to section 14755 by the Attorney 
General 
of 
names. 
addresses. 
telephone 
numbers 
and 
e-mail 
addresses of consumers in this State who object to recel.vl.ng 
unsolicited telemarketing calls and unsolicited commercial e-mail. 
10. 
Sti),t~ 
li~~Il&B. 
"State 
lis;;~n§~~" 
m~gn§ 
g 
p~r§on 
li~~ns~g by 
g 
§tgt~ 
gg~n~y ynder 
a, 
la,w gf t,hi§ 
5ta,t~ thgt 
r~gyir~s 
th~ per§gn tg 
g:btgin 
a 
li~en§e a,§ 
a, 
congitign Qf 
enga,ging in a, prgf~§§ion gr :bu§ine§s. 
11. 
Telema.rketer. 
"Telemgrket,er" megn§ a, per§Qn whg makes 
or ca,yses tg :be ma,ge g telema,rketing ca,ll. 
12. 
Telemarketing call. 
"Telema,rketing cgll" 
megns 
an 
un§oliciteg telephgne ca,ll mage to §glicit a, §a,le of a con§umer 
ggod or service. solicit an extensign gf cregit fgr a consumer 
goog Qr 
§ervice. 
or g:bta,in information thgt may be used to 
solicit a §a,le gf a, cgnsumer ggog Qr service gr to extend credit 
for the sgle. 
"Telemgrketing call" doe§ nQt inclyge a call mage: 
A. By a cgnsumer that is the result of g §Qlicitation by a 
seller or 
telemgrketer or in response 
tg genera,l 
media 
advertising 
by 
direct 
mgil 
solis;;itations 
that 
clearly. 
conspicyously gnd truthfully make all gisclosyres reguired 
by federal or stgte la,w: 
B. 
In connection with: 
(1) 
An esta:blished business relationship; or 
(2) 
A busine§s relationship thgt has :been termina,ted. 
if the ca,ll i§ made before the later of the date the 
first Maine nQ-contas;;t list in which the consumer I s 
telephone 
num:ber 
appears 
i§ publisheg gnd 
one year 
gfter the gate of terminatign: 
c. 
Between a telema,rketer and a by§ines§. other than :by a 
fa,csimile 
solicita,tign. 
ynle§§ 
the :bysines§ 
informeg the 
telema,rketer thgt the business doe§ not wi§h tg receive 
telema,rketing call§ frgm the telema,rketer: 
D. 
To collect a debt: 
E. 
By a state licensee if: 
(1) 
The call is not made by an automated telephone 
dialing system: 
(2) 
The solicited transaction is not completed until 
after a face-to-face sales presentation by the seller 
and the consumer is not required to payor authorize 
payment until after the presentation: and 
(3) 
The consumer has not informed the telemarketer 
that 
the 
consumer 
does 
not 
wish 
to 
receive 
telemarketing calls from the telemarketer: 
F. 
By a bona fide nonprofit charitable organization, exempt 
from 
taxation 
under 
Section 
501(c)(3) 
of 
the 
Internal 
Revenue Code, to solicit contributions or donations: or 
G. 
By a person for the purpose of endorsing a candidate for 
a political office. 
13. 
Telephone call. 
"Telephone call" means a call or other 
transmission that is made to or received at a telephone number, 
including: 
A. 
A call made by an automated telephone dialing system; and 
B. 
A transmission to a facsimile recording device. 
14. 
Unsolicited conmercial e-mail. 
"Unsolicited commercial 
e-mail" means an e-mail, other than an e-mail sent at the request 
of the recipient. sent via an e-mail service provider to 2 or 
more recipients in this State with whom the sender does not have 
an existing business relationship for the purpose of: 
(1) 
Offering real property, goods or services for sale 
or rent: 
(2) 
Conveying information on real property, goods or 
services to solicit sales or purchase: 
(3) 
Conveying information on the extension of credit; 
QI. 
(4) 
Promoting or soliciting charitable contributions. 
"Unsolicited 
commercial 
e-mail" 
does 
not 
include 
an 
e-mail 
message to which an e-mail service provider has attached an 
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advertisement if the email service provider has an agreement 
with the recipient under which the e-mail service provider allows 
the recipient free use of an e-mail account in exchange for 
allowing the e-mail service provider to send such advertisements. 
§14152. 
Automated telemarketing calls prohibited 
1. 
Prohibited use. 
A person may not use 
an automated 
telephone calling device to make telemarketing calls to: 
A. 
Any 
emergency 
telephone 
numbers 
in 
this 
State, 
including, 
but not 
limited to, 
the 
emergency 
telephone 
numbers of any hospital, physician, health care facility, 
ambulance service or fire or law enforcement officer or 
facility: 
B. 
Any paging or cellular phone within the State; or 
c. 
Any 
unlisted, 
unpublished, 
toll-free 
long 
distance 
telephone number within the State. 
2. 
Restriction. 
A 
person 
may 
not 
use 
an 
automated 
telephone calling device to make 
telemarketing calls to 
any 
telephone number in the State except weekdays between 9 a.m. and 
p.m., according to the time in this State, and may not complete 
more than one telemarketing call to any telephone number during 
each 8-hour period. 
In addition, the person using the device to 
place the call shall ensure that the device disconnects no more 
than 
seconds 
following the disconnection of the telephone 
number called. 
3. 
Caller identification. 
Persons 
making 
telemarketing 
calls restricted under the provisions of subsection 2 shall, 
within the first minute of the call, identify the name, address 
and telephone number of the organization for whom the call is 
being made. 
4. 
Prima facie violation. 
Use of any automated telephone 
calling device that calls telephone numbers sequentially and can 
not distinguish the telephone numbers of those authorized to be 
contacted from those it is unlawful to contact is prima facie 
evidence of intent to violate this section. 
5. 
Exceptions. 
This section does not prohibit the use of 
an automated telephone calling device to: 
A. 
Inform 
purchasers 
of 
the 
receipt, 
availability 
or 
delivery 
of 
goods 
or 
services 
or 
any 
other 
pertinent 
information on the status of any purchased goods or services; 
B. 
Respond to a telephone inquiry initiated by the person 
to whom the automated call is directed; or 
C. 
Carry out the duties of any state or local governmental 
unit. 
6. 
Failure to produce 
transcript. 
A person 
using 
an 
automated telephone calling device for making telemarketing calls 
shall maintain 
a 
full transcript of each telemarketing call 
message that the person has transmitted to consumers during the 
previous 
months. 
A copy of the transcript must be 
made 
available to the Attorney General 
upon 
request. 
Failure to 
provide a copy of a requested transcript is a violation of this 
section. 
§14753. 
Interference with caller identification service 
prohibited 
A telemarketer may not, 
in making 
a 
telemarketing call, 
block 
the 
identity of 
the 
telephone 
number 
from 
which 
the 
telephone call is made to evade devices designed to identify 
telephone callers. 
A telemarketer may not: 
1. 
Interfere or circumvent. 
Interfere with or circumvent 
the capability of a caller identification service to access or 
provide 
to 
the 
recipient 
of 
the 
telemarketing 
call 
any 
information regarding the call that the service is capable of 
providing; or 
2. 
Fail to provide information. 
Fail to provide caller 
identification information in a manner that is accessible by a 
caller identification service , if the person has capability to 
provide the information in that manner. 
For purposes of this section, the use of telecommunications 
service or equipment that is incapable of transmitting caller 
identification 
information 
does 
not 
of 
itself 
constitute 
interference with or circumvention of the capability of a caller 
identification service to access or provide the information. 
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§14754. 
Facsimile transmissions 
1. 
Notice in facsimile solicitation. 
In addition to the 
technical 
and 
procedural 
standards 
of 
federal 
statutes 
or 
regulations 
regarding 
telephone 
facsimile 
machines 
and 
transmissions, a person in this State who makes or causes to be 
made 
a 
facsimile solicitation shall include 
in the 
document 
transmitted or on a cover page to the document a statement, in at 
least 12-point type, stating: 
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A. 
The correct and complete name of the person making the 
facsimile solicitation and street address of the location of 
the person's place of business: and 
a. 
A 
toll free 
or 
local 
exchange-accessible 
telephone 
number of the person that: 
(1) 
Is 
answered in the order in which calls are 
received by 
an individual capable of 
responding to 
ingu1r1es from recipients of facsimile solicitations at 
all times after 9 a.m. and before 5 p.m. on each day 
except Saturday and Sunday: or 
(2) 
Automatically 
and 
immediately 
deletes 
the 
specified telephone number of the recipient. 
2. 
Acknowledgment regyired; transmission prohibited. 
On 
receipt of oral or written notification from a recipient of a 
facsimile 
solicitation 
not 
to 
send 
any 
further 
facsimile 
transmissions to one or more telephone numbers specified by the 
recipient, the person making the facsimile solicitation: 
A. 
Shall within 
hours 
send the recipient a 
written 
acknowledgment of the recipient's notification; and 
a. 
May not make or cause to be made a transmission to a 
telephone number specified by the recipient. except for a 
single transmission to comply with paragraph A. 
§14155. 
Maine no-contact list 
1. 
Attorney General to establish Maine no-contact list. 
The 
Attorney 
General 
shall 
establish 
and 
provide 
for 
the 
operation of a database to compile a list of names, addresses and 
telephone numbers and e-mails of consumers in this State who 
object 
to 
rece1v1ng 
unsolicited 
telemarketing 
calls 
and 
commercial e-mails. 
2. 
Contract. 
The Attorney General 
may contract with a 
private vendor to maintain the Maine no-contact list if: 
A. 
The private vendor has maintained a national no-contact 
list database for more than 2 years containing the names, 
addresses and telephone numbers of consumers in this State 
who have previously reguested to be added to the vendor's 
national no-contact list; and 
a. 
The contract reguires the private vendor to publish the 
Maine 
portion 
of 
the 
national 
no-contact 
list 
in 
an 
electronic format to any telemarketer who agrees to use the 
Maine no-contact list only for the purposes of updating the 
no-contact list of that telemarketer by including in its 
list persons with whom the telemarketer does not have an 
established business relationship. 
3. 
Contents of Maine no-contact list. 
The Maine no-contact 
list must contain the name, address, telephone number and e-mail 
address, if any, of each consumer in this State who has reguested 
to be on that list. 
The Maine no contact list must be updated 
and published monthly. 
An entry on the Maine no-contact list 
expires on the 3rd anniversary of the date the entry is first 
published on the list. 
An entry may be renewed for successive 
3-year periods, without limitation. 
The telephone number of the 
consumer on the Maine no contact list may be deleted from the 
list on the consumer's written reguest or if the telephone number 
or e-mail address of the consumer is changed. 
4. 
Fee: fund. 
The Attorney General may charge a person a 
reasonable amount not to exceed $3 for a reguest to place a 
telephone number or e-mail address on the Maine no-contact list 
or to renew an entry on the list. 
Fees collected under this 
subsection must 
be 
deposited into 
a 
fund maintained in the 
Department of the Attorney General 
for 
use 
by 
the Attorney 
General for enforcement and administration of this subchapter. 
5. 
Reqy.est form. 
The Attorney General shall develop and 
make available a form to be used by consumers to reguest to be on 
the Maine no-contact list and shall provide a toll-free telephone 
number and Internet e-mail address that persons may use to order 
a 
copy 
of 
the 
form. 
A private for-profit publisher 
of 
a 
residential telephone directory that is distributed to the public 
at minimal or no cost must include in the directory a prominently 
displayed 
toll-free 
number 
and 
Internet 
e-mail 
address 
established by the Attorney General through which a person may 
order a copy of the form. 
§14756. 
Telemarketing ca11s to persons on Maine no-contact list 
A telemarketer may 
not 
make 
a 
telemarketing call to 
a 
telephone number that has been published on the Maine no contact 
list more than 60 days after the telephone number appears on the 
Maine no-contact list. 
§14757. 
Penalties for telemarketing violation 
1. 
Pres1DllPtion of adverse effect. 
For purposes of this 
section, a consumer on the Maine no-contact list is presumed to 
be adversely affected by a telemarketer who calls the consumer 
more than once. 
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2. 
Attorney 
General's 
duties. 
Except 
as 
provided 
in 
subsection 3, the Attorney General shall receive and investigate 
complaints concerning violations of section 14752, 14753, 14754 
or 14756 and file civil enforcement actions seeking injunctive 
relief, attorney's fees and civil penalties in an amount not to 
exceed 
$1,000 
for 
each violation. 
If 
the 
court 
finds 
the 
defendant willfully or knowingly violated section 14752, 14753, 
14754 or 14756, the ,court may increase the amount of the civil 
penal ties to an amount not to exceed $3,000 for each violation. 
A violation of section 14752, 14753, 14754 or 14756 is subject to 
enforcement action by the Attorney General's consumer protection 
division. 
If the complaint alleges that the person violating 
section 14752, 
14753, 
14754 or 14756 is a 
telecommunications 
provider, 
the 
Attorney 
General 
has 
exclusive 
jurisdiction, 
notwithstanding subsection 3, over the violation alleged in the 
complaint, 
except that this does 
not affect the right of 
a 
consumer to bring an action under subsection 4. 
For purposes of this subsection, 
"telecommunications provider" 
means a local exchange carrier, a commercial mobile radio service 
provider, as defined in 47 United States Code, Section 332(d), an 
employee of a local exchange carrier or commercial mobile radio 
service provider 
acting within 
the 
scope 
of 
the 
employee's 
employment or an agent of a local exchange carrier or commercial 
mobile radio service provider acting within the scope of the 
agent's agency. 
3. 
State agency duties. 
A state agency that issues 
a 
license 
to 
a 
state 
licensee 
shall 
receive 
and 
investigate 
complaints concerning violations of section 14752, 14753, 14754 
or 14756 by the licensee, may assess an administrative penalty 
not to exceed $1,000 for each violation and may order restitution 
of any monetary damages of the complainant. 
In addition, if the 
agency finds that the licensee willfully or knowingly violated 
any of those sections, 
the agency may suspend or revoke the 
licensee's license. 
All administrative fees collected pursuant 
to this subsection accrue to the Department of the Attorney 
General for 
use 
by the Attorney General 
for enforcement and 
administration of this subchapter. 
4. 
Consumer cause of action. 
A consumer may bring a cause 
of action against a telemarketer as provided in this subsection. 
A. 
A consumer on the Maine no-contact list may bring a 
civil action based on the 2nd or a subsequent violation of 
section 14756 if: 
(1) 
The consumer has notified the telemarketer of the 
alleged violation and, 
not later than the 30th day 
after the date of the call, files a verified complaint 
setting 
forth 
the 
relevant 
facts 
surrounding 
the 
violation with the Attorney General or a state agency 
that licenses the person making the call; and 
(2) 
The Attorney General or a state agency receiving 
the 
complaint 
fails 
to 
initiate 
an 
administrative 
action or a civil enforcement action, as appropriate, 
against the telemarketer named in the complaint before 
the 121st day after the date the complaint is filed. 
If the consumer brings an action based on a violation of 
section 
14756 
and 
the 
court 
finds 
that 
the 
defendant 
willfully or knowingly violated section 14756, the court may 
award damages in an amount not to exceed $500 for each 
violation. 
B. 
Notwithstanding this subsection or subsection 2 or 3, a 
consumer may bring a private right of action based on a 
violation of section 14752, 14753 or 14754: 
(1) 
To enjoin the violation; or 
( 2) 
For damages in an amount egual to the person's 
actual monetary loss from the violation or $500 for 
each violation, whichever is greater. 
If the court finds that the defendant willfully or knowingly 
violated section 
14752, 
14753 
or 
14754, 
the 
court 
may 
increase the amount of the award to an amount egual to not 
more than 3 times the amount available under subparagraph 
i£L.. 
5. 
Venue. 
Venue for an action based on a violation of this 
subchapter is in the county where the telemarketing call was made 
or received or, if brought by the Attorney General or a state 
agency, in Kennebec County. 
6. 
Determination of penalties. 
The amount of a civil or 
administrative penalty imposed under this section must be based 
on: 
A. 
The seriousness of the violation, including the nature, 
circumstances, extent and gravity of the violation; 
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B. 
The history of previous violations; 
C. 
The amount necessary to deter a future violation: 
D. 
Efforts to correct the violation; and 
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E. 
Any other matter that justice may require. 
§14158. 
E-mail solicitation restricted 
1. 
Requirements. 
A person sending unsolicited commercial 
e-mail 
shall 
maintain 
a 
valid 
toll-free 
telephone 
number, 
physical postal 
address 
and 
return e-mail 
address 
that 
the 
recipient may 
use to provide notice to the sender that the 
recipient 
does 
not 
wish 
to 
receive 
any 
more 
unsolicited 
commercial e-mail. 
2. 
Statement. 
All 
unsolicited 
commercial 
e-mail 
must 
contain: 
A. 
In the subject line: 
B. 
(1) 
The first 4 characters as follows: "ADV:"j and 
(2) 
If 
the 
unsolicited 
commercial 
e-mail 
contains 
information about material that may be viewed only by a 
person at least 18 years of age, the first 8 characters 
as follows: "ADV:ADLT"j 
A statement informing the recipient of the name of the 
person 
or 
entity 
from 
which 
the 
unsolicited 
commercial 
e-mail originatedj 
c. 
The return e-mail address required by subsection Ij and 
D. 
A statement informing the recipient that the recipient 
may use the return e-mail address to notify the sender that 
the recipient does not want to receive any more unsolicited 
commercial e-mails from the sender. 
3. 
Prohibition. 
A person receiving notification, either 
from 
the 
recipient 
or 
by 
virtue 
of 
the 
presence 
of 
the 
recipient's e-mail address on the Maine no-contact list, from a 
recipient that the recipient does not wish to receive any more 
unsolici ted commercial e-mails from that person shall cease to 
send unsolicited commercial e-mails to that recipient. 
If a 
recipient is the registered owner of more than one e-mail address 
and notifies the sender of unsolicited commercial e-mails to 
cease sending unsolicited commercial e-mails to all of the e-mail 
addresses registered to that person or entity, the sender shall 
cease to send unsolicited commercial e-mails to those addresses. 
4. 
Penalty. 
Violation of this section is an unfair trade 
practice as prohibited by Title 5, section 207. 
Each unsolicited 
commercial e-mail transmission to a recipient in violation of 
this 
chapter constitutes 
a 
separate violation. 
The 
Attorney 
General 
shall 
establish 
procedures 
for 
receiving 
and 
investigating complaints of violations of this section. 
The 
procedures 
may 
include 
the 
development 
of electronic 
forms, 
available over the Internet, 
by which 
a 
person may file 
a 
complaint with the Attorney General alleging a violation of this 
section. 
5. 
Civil 
action; 
recipients. 
Notwithstanding 
Title 
5, 
section 213, a person who receives a commercial e-mail sent in 
violation of this section may bring an action in an appropriate 
state court for either or both of the following: 
A. 
An injunction to stop such future e-mails: and 
B. 
Recovery of actual damages from each violation or up to 
$250 in damages for each violation, whichever is greater. 
If the court finds there has been a violation of this section, 
the court shall award the petitioner reasonable attorney's fees 
and costs incurred in connection with the action. 
If the court finds that the defendant willfully or knowingly 
violated this section, the court may, in its discretion, increase 
the amount of the award to an amount equal to not more than 3 
times the amount available under paragraph B. 
6. 
Civil action; e-mail service providers. Notwi ths tanding 
Title 5, section 213, an email service provider through whose 
service is sent a commercial email in violation of this section 
may bring an action in an appropriate state court for either or 
both of the following: 
A. 
An injunction to stop such future e-mails; and 
B. 
Recovery of actual damages from each violation or up to 
$1,000 in damages for each violation, whichever is greater. 
If the court finds there has been a violation of this section, 
the court shall award the petitioner reasonable attorney's fees 
and costs incurred in connection with the action. 
If the court finds that the defendant willfully or knowingly 
violated this section, the court may, in its discretion, increase 
the amount of the award to an amount equal to not more than 3 
times the amount available under paragraph B. 
7. 
Immunity. An email service provider may, upon its own 
initiative, block the receipt or transmission through its service 
of any commercial e-mail that it reasonably believes is or will 
be sent in violation of this section. 
An e-mail service provider 
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is not liable for any action taken in good faith to block the 
receipt or transmission through its service of any commercial 
e-mail 
that it reasonably believes 
is or will 
be 
sent in 
violation of this section. 
§14759. 
Rulemaking 
The Attorney General shall adopt rules to administer this 
subchapter. 
Rules adopted pursuant to this section are major 
substantive rules as defined in Title 5, chapter 375, subchapter 
2-A. 
The rules must: 
1. 
Information dissemination. 
Require each local exchange 
telephone company to inform its customers of the requirements of 
this subchapter by annual inserts in billing statements mailed to 
customers 
or 
conspicuous 
publication 
of 
the 
notice 
in 
the 
consumer 
information pages 
of local telephone directories or 
other appropriate notice to consumers. 
The Attorney General may 
conduct educational programs designed to inform the public of 
their rights and telemarketers of their obligations under this 
subchapter; 
2. 
Nonviolation. 
Provide that a telemarketing call made to 
a 
number on the Maine no-contact list is not a violation of 
section 14756 if the telemarketing call is an isolated occurrence 
made by a person who has in place adequate procedures to comply 
with this subchapter; and 
3. 
Format of list; fee. 
Provide for: 
A. 
The dissemination of copies of the Maine no-contact list 
in formats, including electronic formats, 
commonly used by 
persons making telemarketing calls; and 
B. 
A fee, not to exceed $75, for each distribution of the 
Maine no-contact list. 
§14760. 
Report by Attorney General 
Before 
December 
31st 
of 
each 
even-numbered 
year, 
the 
Attorney General shall submit a report to the Legislature. 
The 
report must contain for the 2-year period ending August 31st of 
the year of the report: 
1. 
Maine no-contact list statistics. 
A statement Qf the 
number of telephone numbers 
included on the Maine 
no contact 
list, 
the 
number 
of 
copies 
of 
the 
Maine 
no-contact 
list 
distributed and the amount collected for those requests and for 
distribution; 
Page l2-LR1206(1) 
2. 
Complaints. 
A list of 
complaints 
received 
by 
the 
Attorney 
General 
or 
a 
state 
agency 
concerning 
acti vi ties 
regulated by this subchapter. itemized by type; 
3. 
Enforcement. 
A summary of any enforcement efforts made 
by the Attorney General and any state agencies; and 
4. 
Recommendations. 
The Attorney General's recommendations 
for any changes in this subchapter and any necessary implementing 
legislation. 
SUMMARY 
This bill regulates telephone solicitation by consolidating 
various laws regarding telemarketers found in different sections 
of the Maine Revised Statutes and does the following. 
I. 
It changes the scope of the application to telemarketers 
to 
include all telemarketers, 
regardless 
of 
their 
place 
of 
business. 
Calls made by nonprofit charitable organizations and 
political organizations are exempt. 
2. 
It prohibits a telemarketer from blocking the display of 
its phone number from the consumer being called. 
3. 
It continues the current restrictions on the use of 
automated telephone calling devices to make telemarketing calls. 
4. 
It 
requires 
telemarketers 
making 
solicitations 
via 
facsimile to provide the name and address of the person making 
the solicitation, as well as a toll-free telephone number that 
must be answered by an individual on weekdays between the hours 
of 9 a.m. and 5 p.m. or that automatically deletes the specified 
telephone number of the caller from the telemarketer's database. 
5. 
It requires the Attorney General to establish, either 
in-house or through a contract with a private vendor, the Maine 
no-contact 
list, 
a 
database 
of 
names, 
addresses, 
telephone 
numbers 
and e-mail addresses of consumers in this State who 
object to receiving unsolicited telemarketing or telephone calls 
or commercial e-mail. 
Although a no-contact list is required now 
by law and maintained by the Attorney General, this bill places 
responsibility for the no-contact list with the Attorney General 
and requires the list to contain e-mail addresses. 
The Attorney 
General is required to provide information about the list and 
forms for enrolling on the list. 
The Attorney General may charge 
a fee of no more than $3 for inclusion on the list; a consumer 
remains on the list for 3 years or until the consumer is assigned 
• 
• 
a new number or e-mail address. 
month. 
The list must be updated every 
6. 
It allows telemarketers and commercial e-mail senders to 
purchase the Maine no-contact list from the Attorney General for 
a fee not to exceed $75 and prohibits telemarketers from calling 
consumers listed on the Maine no-contact list. 
7. 
It allows an action to be brought against a telemarketer 
by the Attorney General, by a state agency that licenses the 
telemarketer 
or 
by 
the 
affected 
consumer. 
A violation 
is 
punishable by a civil penalty or administrative penalty of up to 
$3,000 for each violation. 
8. 
It requires 
the 
Legislature every 2 years 
complaints and enforcement 
improving the regulation of 
Attorney General 
to 
report to 
the 
regarding the Maine no-contact list, 
actions and any suggested changes for 
telemarketing. 
9. 
It restricts unsolicited commercial e-mail, defined as 
e-mail that is sent for the purpose of advertising or conveying 
information about real property, goods or services or extending 
credit or soliciting contributions, by requiring the e-mail to 
contain 
a 
valid toll-free 
telephone 
number, 
physical 
postal 
address and a return e-mail address maintained by the sender to 
which the recipient may respond indicating that the recipient 
does not wish to receive further unsolicited commercial e-mail 
from the sender. 
The restriction does not apply to e-mail sent 
to persons with whom the sender has a prior relationship or who 
have 
requested the 
information 
from 
the 
sender. 
Unsolicited 
commercial e-mail would need to include in the subject line a 
label, as specified, so that recipients are made aware of the 
nature of the e-mail. 
Each unsolicited commercial e-mail sent to 
a recipient in violation is considered an unfair trade practice . 
Page l4-LR1206(1)