An Act To Harmonize State and Federal Laws on Do-not-caU Lists
Maine Legislature, Session 123, LD 1837
Committee: Utilities and Energy
Sponsors: BARTLETT, BLISS, BERRY, BLANCHARD, CURTIS, FITTS, FLETCHER, RINES, THIBODEAU
Amends: 10 MRSA §1499-B

Legislative Document 
No. 1837 
S.P.655 
April 5, 2007 
An Act To Harmonize State and Federal Laws on Do-not-caU Lists 
Submitted by the Department of the Attorney General pursuant to Joint Rule 204. 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator BARTLETT of Cumberland. 
JOY J. O'BRIEN 
Secretarr of the Senate 
Cosponsored by Representative BLISS of South Portland and Representatives: BERRY of 
Bowdoinham, BLANCHARD of Old Town, CURTIS of Madison, FITTS of Pittsfield, 
FLETCHER of Winslow, RINES of Wiscasset, THIBODEAU of Winterport. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRS A §1499, as repealed and replaced by PL 1995, c. 334, §2, is 
repealed. 
Sec. 2. 10 MRSA §1499-B is enacted to read: 
§1499-B. Telephone solicitation 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Consumer" means a resident of this State who is a residential telephone 
subscriber and an actual or prospective: 
(1) Purchaser, lessee or recipient of consumer goods or services; or 
(2) Donor or contributor to an organization. 
B. "Consumer goods or services" means: 
(1) Tangible or intangible personal property or real property that is normally 
used for personal, family or household purposes; 
(2) Property intended to be attached to or installed on real property without 
regard to whether it is actually attached or installed; 
(3) Services related to the property described in subparagraph (1) or (2); 
(4) Credit cards or the extension of credit; or 
(5) Professional services. 
C. "Division" means the Department of the Attorney General, Consumer Protection 
Division. 
D. "Doing business in Maine" means making telephone sales calls to consumers 
located in this State whether the telephone sales calls originate in the State or outside 
the State. 
E. "Registry" means the do-not-call registry maintained by the division that lists the 
names of persons who do not wish to receive telephone sales calls. 
F. "Resident" means a resident of this State. 
G. "Telephone number" means a residential telephone number. 
H. "Telephone sales call" means a solicitation call made to a consumer for: 
(1) Solicitation of a sale of consumer goods or services; or 
(2) Obtaining information that will or may be used for the direct solicitation of a 
sale of consumer goods or services or an extension of credit for such purposes. 
"Telephone sales call" includes a call made by use of automated dialing or recorded 
message devices. 
I. 
"Telephone solicitor" means an individual, firm, organization, partnership, 
association or corporation, including affiliates and subsidiaries, doing business III 
Maine. 
2. Application. This section does not apply to: 
A. A telephone sales call made in response to and at the express request of the 
person called; 
B. A telephone sales call made primarily in connection with an existing debt or 
contract for which payment or performance has not been completed at the time of the 
call; or 
C. A telephone sales call for a solicitation other than a commercial solicitation, but 
only if: 
(1) The telephone call is made by a volunteer or an employee of the soliciting 
organization; and 
(2) The telephone solicitor who makes the telephone call immediately discloses 
all of the following information: 
(a) The solicitor's true first and last name; and 
(b) The name, address and telephone number of the soliciting organization. 
3. Compliance with law. This section does not relieve a person from complying 
with any other applicable law. 
4. Duties of division. The division shall establish and maintain a do-not-call registry 
of telephone numbers of consumers who request not to be solicited by telephone. The 
national "do-not-call" registry established and maintained by the Federal Trade 
Commission, pursuant to the 16 Code of Federal Regulations, Section 3 10.4(b)(l)(iii)(B), 
may serve as the Maine do-not-call registry required by this subsection. The division 
may provide the telephone numbers of residents that are in the state registry to the 
Federal Trade Commission for inclusion in the national registry. 
5. Adoption of rules. The division may adopt rules consistent with Title 5, section 
207, subsection 2 to implement this section. Rules adopted pursuant to this subsection 
are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
6. Telephone solicitation violations. It is a violation of this section for a telephone 
solicitor to initiate a telephone sales call to a consumer if that consumer's telephone 
number has been on the national or state do-not-call registry, established by the Federal 
Trade Commission, for at least 3 months prior to the date the call is made. 
7. Telephone solicitation disclosure. A telephone solicitor who makes a telephone 
sales call to a consumer must immediately disclose the following information upon 
making contact with that consumer: 
A. The solicitor's real first and last name; and 
B. The name of the business on whose behalf the telephone solicitor is soliciting. 
8. 
Directories exemption. This section does not apply to a person obtaining 
consumer information for inclusion in a directory assistance database or a telephone 
directory sold by a telephone company. 
9. Exclusion of a telephone number. A telephone solicitor or person who obtains 
consumer information that includes telephone numbers shall exclude the telephone 
numbers that appear on the most current federal or state do-not-call registry. 
10. Unfair trade practice violations. A telephone solicitor who fails to comply with 
any provision of this section commits an unfair and deceptive act that is a violation of the 
Maine Unfair Trade Practices Act. 
11. 
Attorney General remedies. In an action under this section, the Attorney 
General may obtain any or all of the following: 
A. An injunction to enjoin future violations of this section; 
B. A civil penalty of not more than: 
(1) Ten thousand dollars for the first violation; and 
(2) Twenty-five thousand dollars for each subsequent violation; 
C. All money the defendant obtained through violation of this section; 
D. The Attorney General's reasonable cost in: 
(1) The investigation of the deceptive act; and 
(2) Maintaining the action under this subsection; and 
E. Reasonable attorney's fees. 
12. Voidable contracts. In an action under this section, the court may void or limit 
the application of contracts or clauses resulting from a violation of this section and order 
restitution to be paid to an aggrieved consumer. 
13. Jurisdiction. An action under this section may be brought in the District Court 
or Superior Court of the jurisdiction in which an aggrieved consumer resides or in 
Kennebec County. 
Sec. 3. 32 MRS A §14716, sub-§3, as enacted by PL 2001, c. 324, §I2, IS 
repealed. 
SUMMARY 
This bill is intended to confonn state law to federal law regarding the establishment 
and enforcement of a do-not-call list that allows resident consumers to opt out of being 
solicited by telephone.