An Act To Prohibit Use of Computerized Calls by Telemarketers
Maine Legislature, Session 121, LD 0392
Committee: Utilities and Energy
Sponsors: DUDLEY, STRIMLING, ADAMS, BLISS, BULL, COWGER, LA VERRIERE-BOUCHER, MAILHOT, PINGREE, MA YO
Amends: 10 MRSA §1498

Legislative Document 
No. 392 
H.P.312 
House of Representatives, January 30, 2003 
An Act To Prohibit Use of Computerized Calls by Telemarketers 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative DUDLEY of Portland. 
Cosponsored by Senator STRIMLING of Cumberland and 
'!r/~ 1/7. 71IQ£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ADAMS of Portland, BLISS of South Portland, BULL of Freeport, 
COWGER of Hallowell, LA VERRIERE-BOUCHER of Biddeford, MAILHOT of Lewiston, 
PINGREE of North Haven, Senator: MA YO of Sagadahoc. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 10 MRSA §1498, sub-§I, ,A, as enacted by PL 1989, c. 
775, is amended to read: 
A. 
"Automated telephone calling device" means any system or 
equipment that selects, dials or calls telephone numbers and 
plays recorded or computer-generated messages. 
Sec. 2. 10 MRSA §1498, sub-§2, as enacted by PL 1989, c. 775, 
is amended to read: 
2. 
Prohibition. 
person may not use an 
solicitation calls to+ 
A Except as provided in subsection 6, a 
automated telephone calling device to make 
any telephone number in this State. 
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Sec. 3. 10 MRSA §1498, sub-§3. as amended by PL 199L c. 524, 
§2, is further amended to read: 
3. 
Restriction. 
A person making a permitted use of an 
automated telephone calling device pursuant to subsection 6 may 
not 
use 
an 
automated 
telephone 
calling 
device 
to 
make 
solicitation calls to any telephone number in the State except 
weekdays between 9 a.m. and 5 p.m., according to the time in this 
State, and may not complete more than one solicitation 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. 
A person making a 
permitted use of an automated telephone calling device pursuant 
to subsection 6 may not use an automated telephone calling device 
to make solicitation 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 
Page l-LR1601(1) 
C. 
Any unlisted, unpublished, toll-free long distance or 
direct inward dial telephone number within the State. 
Sec. 4. 10 MRSA §1498, sub-§§5 and 6, as enacted by PL 1989, c. 
775, are amended to read: 
5. 
Prima facie violation. 
Use of any automated calling 
device that calls telephone numbers sequentially and eaRRet; can 
not distinguish the telephone numbers of those authorized to be 
contacted 
from 
those it is 
unlawful 
to 
contact pursuant 
to 
subsection 3 is prima facie evidence of intent to violate this 
section. 
6. 
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; e~ 
C. 
Carry out the duties of any state or local governmental 
D. 
Make 
charitable 
solicitation calls 
on 
behalf 
of 
a 
charitable organization, 
as 
defined in Title 
9, 
section 
5003; or 
E. 
Make calls on behalf of a political party or a candidate 
for elected public office. 
SUMMARY 
This bill generally prohibits the use of automated telephone 
solicitation calls to persons in this State. 
The bill provides 
exceptions for calls made on behalf of a charitable organization 
or 
on 
behalf 
of 
a 
political party 
or 
candidate. 
It also 
preserves those portions of existing law that limit and prohibit 
certain uses of automated telephone solicitation calls and the 
exceptions to the limits and prohibitions.