An Act Regarding the Use of Arbitration in Certain Consumer Cases
Maine Legislature, Session 122, LD 0681
Committee: Judiciary
Sponsors: BROMLEY, O'BRIEN, BEAUDETTE, BERUBE, CROSBY, RECTOR
Amends: 5 MRSA §213

Legislative Document 
No. 681 
S.P.217 
In Senate, February 8, 2005 
An Act Regarding the Use of Arbitration in Certain Consumer 
Cases 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator BROMLEY of Cumberland. 
Cosponsored by Representative O'BRIEN of Lewiston and 
JOY J. O'BRIEN 
Secretary of the Senate 
Representatives: BEAUDETTE of Bi'ddeford, BERUBE of Lisbon, CROSBY of Topsham, 
RECTOR of Thomaston. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §213, sub-§I, as amended by PL 1991, c. 536, 
§l, is further amended to read: 
1. 
Arbitration or 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 
resul t 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 by arbitration, if the contract of purchase or 
lease so specifies, or in the Superior Court or District Court 
for actual damages, 
restitution and 
£9F 
such other equitable 
relief, 
including an 
injunction, 
as 
the arbitrator or 
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. 
Sec. 2. 5 MRSA §213, sub-§I-A, as enacted by PL 1991, c. 536, 
§2 and affected by §3, is amended to read: 
I-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 arbitration or litigation 
arising from the claim that is the sUbject of the arbitration or 
court action, may make a written tender of settlement or, if an 
arbitration or 
a 
court action has 
been filed, 
an offer 
of 
judgment. 
If the judgment obtained in an arbitration proceeding 
Q£ 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 thf' 
claim is asserted by way of counterclaim or cross claim. 
Sec. 3. 5 MRSA §213, sub-§§2 and 3, as enacted by PL 1973, c. 
251, are amended to read: 
2. 
Fees and costs. If the arbitrator or 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. 
Page l-LR1507(1) 
3. 
Notices to Attorney General. Upon commencement of any 
action brought under subsection 1, the arbitrator or 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 actionT shall mail a copy of such judgment or 
decree to the Attorney General. 
SUMMARY 
This bill expands the ability of parties to use arbitration 
as an alternative dispute resolution mechanism in order to save 
time and expense in the resolution of consumer complaints.