An Act To Clarify Maine's "Do Not Call" Laws
Maine Legislature, Session 123, LD 1989
Committee Amendment CA_A_S413 (Senate)

COMMITTEE AMENDMENT 4~ " to S.P. 783, L.D. 1989, Bill, "An Act To 
Clarify Maine's "Do Not Call" Laws" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, Maine has adopted legislation to harmonize the state and federal do-not-
call lists; and 
Whereas, current Maine law does not fully conform to federal regulations regarding 
telephone solicitations and the do-not-call registry; and 
Whereas, significant numbers of Maine employers and their employees depend 
upon a clear and workable application of the do-not-calllaws; 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,' 
Amend the bill in section 1 by striking out all of paragraph D-l (page 1, lines 3 to 18 
in L.O.) and inserting the following: 
'0-1. 
"Established business relationship" means a prior or eXIstIng relationship 
formed by a voluntary 2-way communication between a telephone solicitor and a 
consumer with or without an exchange of consideration on the basis of the 
consumer's purchase from or transaction with the telephone solicitor within the 18 
months immediately preceding the date of a telephone sales call or on the basis of the 
consumer's inquiry or application regarding products or services offered by the 
telephone solicitor within the 3 months immediately preceding the date of the call 
COMMITTEE AMENDMENT 
~,.~' 
COMMITTEE AMENDMENT "A" to S.P. 783, L.D. 1989 
that has not been previously terminated by the consumer pursuant to subparagraph (1) 
or by the telephone solicitor. 
(1) 
A consumer's request to a particular telephone solicitor not to receive 
telephone sales calls from that telephone solicitor terminates an established 
business relationship for purposes of a telephone sales call even if the consumer 
continues to do business with the telephone solicitor. 
(2) The consumer's established business relationship with a particular telephone 
solicitor does not extend to affiliates of the telephone solicitor unless the 
consumer would reasonably expect them to be included given the nature and type 
of goods or services offered by the affiliate and the identity of the affiliate.' 
Amend the bill in section 3 by striking out all of subsection 6 (page 2, lines 3 to 9 in 
L.D.) and inserting the following: 
'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. A telephone 
solicitor is not liable for violating this section if the telephone solicitor can demonstrate 
that: 
A. 
As part of the telephone solicitor's routine business practice, the telephone 
solicitor has established and implemented written procedures to comply with this 
section; 
B. 
As part of the telephone solicitor's routine business practice, the telephone 
solicitor has trained its personnel, and any entity assisting in its compliance, in the 
procedures established pursuant to paragraph A; 
C. 
As part of the telephone solicitor's routine business practice, the telephone 
solicitor or another person acting on behalf of the telephone solicitor has recorded 
and maintained a list of telephone numbers the telephone solicitor may not contact; 
D. 
As part of the telephone solicitor's routine business practice, the telephone 
solicitor uses a process to prevent telemarketing to any telephone number on any list 
established pursuant to paragraph C or on the national do-not-call registry, employing 
a version of the national do-not-call registry obtained from the Federal Trade 
Commission no more than 31 days prior to the date any call is made, and maintains 
records documenting this process; 
E. 
As part of the telephone solicitor's routine business practice, the telephone 
solicitor or another person acting on behalf of the telephone solicitor monitors and 
enforces compliance with the procedures established pursuant to paragraph A; and 
F. Any subsequent call otherwise violating this section is the result of error.' 
Amend the bill by inserting after section 3 the following: 
'Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
"to S.P. 783, L.D. 1989 
SUMMARY 
This amendment clarifies the definition of "established business relationship" to bring 
the definition into conformity with the Federal Communications Commission regulations 
with respect to how such a relationship is terminated. The amendment also revises the 
provision in the bill regarding telephone solicitation violations to conform to the language 
in the federal do-not-call regulations administered by the Federal Trade Commission 
regarding liability exceptions. The amendment also adds an emergency preamble and 
emergency clause to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 01130108 frac.. 
LD 1989 
LR 3109(02) 
An Act To Clarify Maine's "Do Not Call" Laws 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - General Fund 
Correctional and Judicial Impact Statements 
Decreases the number of civil violations. 
LR3109(02) - Fiscal Note - Page 1 of I