An Act To Strengthen Maine's "Do Not Call" List
Maine Legislature, Session 121, LD 1317
Committee: Utilities and Energy
Sponsors: SULLIVAN, BROMLEY, AUSTIN, BERUBE, BREAULT, CROSTHWAITE, DUPREY, JACOBSEN, PELLON, SMITH
Amends: 32 MRSA §14716

Legislative Document 
No. 1317 
H.P.971 
House of Representati ves, March 11, 2003 
An Act To Strengthen Maine's "Do Not Call" List 
(EMERGENCY) 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative SULLIVAN of Biddeford. 
/rl~ 
1I7.1J!d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representati ve HATCH of Skowhegan, Senator BROMLEY of Cumberland 
and Representatives: AUSTIN of Gray, BERUBE of Lisbon, BREAULT of Buxton, 
CROSTHWAITE of Ellsworth, DUPREY of Medway, JACOBSEN of Waterboro, PELLON 
of Machias, SMITH of Monmouth. 
Printed on re'-=ycleu paper 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, this Act provides for a more thorough regulation of 
telemarketers and the practices of those telemarketers; and 
Whereas, this regulation is necessary for the protection of 
Maine residents; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
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Sec. 1. 10 MRSA c. 225, as amended, is repealed.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 enacted by PL 2001, c. 324, 
§12, is repealed. 
Sec. 3. 32 MRSA c.I2S, sub-c. 3 is enacted to read: 
SUBCHAPTER 3 
TELEMARKETING 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 eguipment that 
selects, dials or calls telephone numbers 
and plays 
recorded 
message~ 
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. 
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4. 
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, regarding consumer goods or services offered by the 
person that has not been terminated by either party. 
5. 
Facsimile 
recording 
device. 
"Facsimile 
recording 
device" 
means 
any 
device 
capable 
of 
receiving 
a 
facsimile 
transmission. 
6. 
Facsimile solicitation. 
"Facsimile solicitation" means 
a 
telemarketing call made 
by 
a 
transmission to 
a 
facsimile 
recording device. 
7. 
Maine do-not-call list. 
"Maine do-not-call list" means 
the list compiled pursuant to section 14755 
by the Attorney 
General of names, addresses and telephone numbers of consumers in 
this State who 
object to receiving unsolicited telemarketing 
calls. 
8. 
State 
licensee. 
"State 
licensee" 
means 
a 
person 
licensed by 
a 
state agency under 
a 
law of this State that 
reguires 
the person to obtain 
a 
license 
as 
a 
condition of 
engaging in a profession or business. 
9. 
Telemarketer. 
"Telemarketer" means a person who makes 
or causes to be made a telemarketing call. 
10. 
Telemarketing call. 
"Telemarketing call" 
means 
an 
unsolicited telephone call made to solicit a sale of a consumer 
good or service, solicit an extension of credit for a consumer 
good or service, 
or obtain information that may 
be 
used to 
solicit a sale of a consumer good or service or to extend credit 
for the sale. 
"Telemarketing call" does not include a call made: 
A. By a consumer that is the result of a solicitation by a 
seller or 
telemarketer or 
in 
response 
to general 
media 
advertising 
by 
direct 
mail 
solicitations 
that 
clearly, 
conspicuously and truthfully make all disclosures reguired 
by federal or state law; 
B. 
In connection with: 
(1) 
An established business relationship; or 
(2) 
A business relationship that has been terminated, 
if the call is made before the later of the date the 
first Maine do-not-call list in which the consumer I s 
telephone 
number 
appears is published and 
one year 
after the date of termination: 
c. 
Between a telemarketer and a business, other than by a 
facsimile solicitation, 
unless the business 
informed the 
telemarketer that the business does not wish to receive 
telemarketing calls from the telemarketer: 
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. 
11. 
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. 
§14752. 
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 
facili ty: 
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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 seguentially 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 inguiry 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 
reguest. 
Failure to 
provide a copy of a reguested transcript is a violation of this 
section. 
§14153. 
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. 
§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: 
A. 
The correct and complete name of the --1?.§.rson making the 
facsimile solicitation and street address of the location of 
the person's place of business: and 
B. 
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 
inquiries 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. 
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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 
B. 
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. 
§14755. 
Maine do-not-call list 
1. 
Attorney General to establish Maine do-not-call list. 
The 
Attorney 
General 
shall 
establish 
and 
provide 
for 
the 
operation of a database to compile a list of names, addresses and 
telephone 
numbers 
of 
consumers 
in this State 
who 
object to 
receiving unsolicited telemarketing calls. 
2. 
Contract. 
The Attorney General 
may contract with a 
private vendor to maintain the Maine do-not-call list if: 
A. 
The private vendor has maintained a national do-not-call 
list database for more than 2 years containing the names, 
addresses and telephone numbers of consumers in this State 
who have previously requested to be added to the vendor's 
national do-not-call list; and 
B. 
The contract requires the private vendor to publish the 
Maine 
portion 
of 
the 
national 
do-not-call 
list 
in 
an 
electronic format to any telemarketer who agrees to use the 
Maine do-not-call list only for the purposes of updating the 
do-not-call 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 
do not call 
list. 
The 
Maine 
do-not-call list must contain the name, 
address and telephone 
number of each consumer in this State who has requested to be on 
that list. 
The 
Maine 
do-not-call list must 
be 
updated 
and 
published 
monthly. 
An 
entry 
on 
the 
Maine 
do-not-call 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-vear periods, without limitation. 
The telephone number of the 
consumer on the Maine do-not-call list may be deleted from the 
list on the consumer's written request or if the telephone number 
of the consumer is changed. 
4. 
Fee: fund. 
The Attorney General may charge a person a 
reasonable amount not to exceed $3 for 
a 
request to place a 
telephone number on the Maine do-not-call 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. 
Request form. 
The Attorney General shall develop and 
make available a form to be used by consumers to request to be on 
the 
Maine 
do-not-call 
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 
pt 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 calls to persons on Maine do-nat-call list 
A 
telemarketer 
may 
not 
make 
a 
telemarketing call 
to 
a 
telephone number that has been published on the Maine do-not-call 
list more than 60 days after the telephone number appears on the 
Maine do-not-call list. 
§14757. 
Penalties 
1. 
Presumption of adverse effect. 
For purposes of this 
section, a consumer on the Maine do-not-call list is presumed to 
be adversely affected by a telemarketer who calls the consumer 
more than once. 
2. 
Attorney 
General's 
duties. 
Except 
as 
provided 
in 
subsection 3, the Attorney General shall receive and investigate 
complaints 
concerning violations 
of this 
subchapter 
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 this subchapter, the court may increase the 
amount of the civil penalties to an amount not to exceed $3,000 
for each violation. A violation of this subchapter is subject to 
enforcement action by the Attorney General's consumer protection 
division. 
If the complaint alleges that the person violating 
this subchapter 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. 
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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 agencr duties. 
A state agency that issues 
a 
license 
to 
a 
state 
licensee 
shall 
receive 
and 
investigate 
complaints 
concerning violations 
of 
this 
subchapter 
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 this 
subchapter, 
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 do-not-call 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 calli 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 l2lst 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 pr i vate right of action based on a 
violation of section 14752, 14753 or 14754: 
(1) 
To enjoin the violation;~ 
( 2) 
For damages in an amount equal 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 equal to not 
more than 3 times the amount available under subparagraph 
ilh 
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; 
B. 
The history of previous violations; 
C. 
The amount necessary to deter a future violation; 
D. 
Efforts to correct the violation; and 
E. 
Any other matter that justice may require. 
§14758. 
Rulemaki~ 
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; 
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2. 
Nonviolation. 
Provide that a telemarketing call made to 
a number on the Maine do-not-call list is not a violation of 
section 14756 if the telemarketing call is an isolated occurrence 
made by a person who has in place adeguate procedures to comply 
with this subchapter; and 
3. 
Format of list: fee. 
Provide for: 
A. 
The dissemination of copies of the Maine do-not-call 
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 do-not-call list. 
§14759. 
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: 
L 
Maine do-not-call list statistics. 
A statement of the 
number of telephone numbers included on the Maine do-not-call 
list, 
the 
number 
of 
copies 
of 
the 
Maine 
do-not-call 
list 
distributed and the amount collected for those reguests and for 
distribution; 
2. 
Complaints. 
A list of 
complaints 
received 
by 
the 
Attorney 
General 
or 
a 
state 
agency 
concerning 
activities 
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. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
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. 
1. 
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 
do-not-call list, a database of names, addresses and telephone 
numbers 
of 
consumers 
in this State 
who 
object to 
receiving 
unsolici ted 
telemarketing 
or 
telephone 
calls. 
Although 
a 
do-not-call list is required now by law and maintained by the 
Attorney 
General, 
this 
bill 
places 
responsibility 
for 
the 
do-not-call list with the Attorney General. 
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. 
The list must be updated every month. 
6. 
It 
allows 
telemarketers 
to 
purchase 
the 
Maine 
do-not-ca11 list from 
the Attorney General for 
a 
fee not to 
exceed $75 
and prohibits telemarketers 
from calling consumers 
listed on the Maine do-not-call 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 
Attorney 
General 
to 
report 
to 
the 
Legislature every 2 years regarding the Maine do-not-call list, 
complaints and enforcement actions and any suggested changes for 
improving the regulation of telemarketing.