An Act Restricting Telemarketers from Blocking Their Telephone Numbers When Making Solicitation Calls LR 1218(02)
Maine Legislature, Session 121, LD 0331
Committee Amendment CA_A_S15 (Senate)
Amends: 10 MRSA §1499

COMMITTEE AMENDMENT "A.." to S.P. 113, L.D. 331, 
Act 
Restricting 
Telemarketers 
from 
Blocking 
Their 
Numbers When Making Solicitation Calls" 
Bill, "An 
Telephone 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 10 MRSA §1499.A is enacted to read: 
§1499-A. 
Telemarketing; prohibition on number blocking 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates. 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Caller identification service" means 
a 
service that 
allows a telephone subscriber to have the telephone number 
and. where available. name of the calling party transmitted 
contemporaneously with the telephone call and displayed on a 
device in or connected to the subscriber's telephone. 
B. 
"Seller" means 
any person who. 
in connection with a 
telemarketing transaction. provides. offers to provide or 
arranges for others to provide goods or services to the 
customer in exchange for consideration. 
C. 
"Telemarketer" means any person who. in connection with 
telemarketing. initiates or receives telephone calls to or 
from a customer or donor. 
Page l-LR12l8(2) 
COMMITTEE AMENDMENT 
~ 
.. 
~.~ 
.4) 
tz! 
COMMITTEE AMENDMENT "A" to S.P. 113, L.D. 331 
D. 
"Telemarketing" means a plan, program or campaign that 
is conducted by use of one or more telephones to induce the 
purchase of goods or services or a charitable contribution 
and that involves more than one intrastate telephone call. 
"Telemarketing" does not include the solicitation of sales 
through the mailing of a catalog that contains a written 
description or illustration of the goods or services offered 
for sale, the business address of the seller and multiple 
pages of written material or illustrations, 
and that is 
issued not less frequently than once a year, if the person 
making 
the 
solicitation 
does 
not 
solicit 
customers 
by 
telephone but only receives calls initiated by customers in 
response to the catalog and during those calls takes orders 
without 
further 
solicitation. 
For 
purposes 
of 
this 
paragraph, the term "further solicitation" does not include 
providing the customer with information about, or attempting 
to sell. any other item included in the same catalog that 
prompted the customer's call or in a substantially similar 
catalog. 
2. 
ProhibitioD. 
Except as provided in subsection 3, it is 
an unfair trade practice, as prohibited by Title 5, section 207, 
for a seller or telemarketer to fail to transmit or cause to be 
transmitted the telephone number and, when made available by the 
telemarketer's carrier, 
the 
name of the telemarketer to 
any 
caller 
identification service 
in 
use 
QY 
a 
recipient 
of 
a 
telemarketing call. 
3. 
ExceptioD. 
It is not a violation of subsection 2 for a 
seller or telemarketer to substitute for the name and telephone 
number used in or Qilled for making the call: 
A. 
The name of the seller or charitaQle organization on 
whose Qehalf the telemarketing call is placed: and 
B. 
The seller's or charitable organization's customer or 
donor 
service 
telephone 
number 
that is 
answered during 
regular Qusiness hours. 
Sec. 2. Effective date. 
This Act takes effect January 29, 2004.' 
SUMMARY 
This amendment, which is the majority report of the Joint 
Standing Committee on Utilities and Energy, replaces the bill. 
This amendment requires intrastate telemarketers to transmit or 
cause to be transmitted the telephone number 
and, 
when made 
available 
by 
the 
telemarketer's 
carrier, 
the 
name 
of 
the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~" to S.P. 113, L.D. 331 
telemarketer to any caller identification service in use by a 
recipient of a telemarketing call. 
The Federal Trade Commission 
has recently adopted by rule a similar provision relating t9 
interstate telemarketing calls. 
Full compliance with the federal 
rule prov1s1on is not required until January 
29, 
2004; 
the 
amendment makes the Maine provision effective on the same date. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03112/03 frac:.. 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD331 
An Act Restricting Telemarketers from Blocking Their Telephone 
Numbers When Making Solicitation Calls 
LR 1218(02) 
Fiscal Note for Bill as Amended by Committee Amendment 
Committee: Utilites and Energy 
Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes a new civil violation within the Unfair Trade Practices statutes 
This bill may increase the number of civil suits 
LR1218(2) - Fiscal Note - Page 1 of 1