An Act To Enhance Fairness in Arbitration
Maine Legislature, Session 123, LD 1489
Committee Amendment CA_A_S131 (Senate)

COMMITTEE AMENDMENT ''A " to S.P. 516, L.D. 1489, Bill, "An Act To 
Enhance Fairness in Arbitration" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 10 MRSA c. 212-B is enacted to read: 
CHAPTER 212-B 
CONSUMER ARBITRATION AGREEMENTS 
§1391. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Administrator. "Administrator" means the Director of the Office of Consumer 
Credit Regulation within the Department of Professional and Financial Regulation. 
2. Consumer. "Consumer" means an individual who uses, purchases, acquires, 
attempts to purchase or acquire or is offered or furnished credit or a loan for personal, 
family or household purposes. 
3. Consumer arbitration. "Consumer arbitration" means binding arbitration under 
a consumer arbitration agreement in which a party to the arbitration is a consumer. 
4. Consumer arbitration agreement. "Consumer arbitration agreement" means a 
standard contract with a consumer concerning the use of, purchase of, acquisition of, 
attempt to purchase or acquire, offer of or furnishing of credit or a loan for personal, 
family or household purposes. 
5. 
Provider. 
"Provider" means a person that provides consumer arbitration or 
services related to consumer arbitration. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ""A" to S.P. 516, L.D. 1489 
§1392. Reporting by arbitration service providers 
1. 
Report on arbitration proceedings. 
Notwithstanding any contractual 
nondisclosure provisions governing a consumer arbitration proceeding or its'disposition, 
a provider shall provide to the administrator, on a quarterly basis beginning January 1, 
2008, the following information for each consumer arbitration with which the provider 
was involved during the prior quarter: 
A. 
The name of every party to the consumer arbitration and the name of the 
arbitrator; 
B. The type of dispute involved, such as credit card, personal loan, credit sale or 
other specified financial product or service; 
C. Whether the consumer was the prevailing party; 
D. Whether the consumer was represented by an attorney; 
E. The dates the provider received the request for consumer arbitration, the arbitrator 
was appointed and the disposition of the consumer arbitration was rendered; 
F. 
The type of disposition of the consumer arbitration, including withdrawal, 
abandonment, settlement, award after hearing, award without hearing, default and 
dismissal without hearing; 
G. The amount of the claim and the amount of any award or relief granted unless a 
settlement agreement prohibits the disclosure of this information; and 
H. The percentage of the arbitrator's fee allocated to each party. 
2. Confidentiality. Except for the name of the provider and of individual arbitrators, 
the information reported to the administrator by a provider pursuant to subsection 1 
related to each consumer arbitration is confidential and may not be disclosed by the 
administrator unless the information is disclosed in aggregate form, 
3. 
Liability in providing information. A provider has no liability related to 
providing the information required to be provided under this section, 
4. Violation. If a provider violates this section, the administrator may compel 
compliance pursuant to the provisions of Title 9-A, section 6-108 or, if the provider is an 
attorney, refer the violation to the Board of Overseers of the Bar. 
Sec. 2. Report to the Legislature. On or before April 1, 2009, the Director of 
the Office of Consumer Credit Regulation within the Department of Professional and 
Financial Regulation shall compile the information reported by arbitration providers 
pursuant to the Maine Revised Statutes, Title 10, chapter 212-B and submit a report to the 
joint standing committee of the Legislature having jurisdiction over insurance and 
financial services matters. The joint standing committee may submit legislation based on 
the report to the First Regular Session of the 124th Legislature.' 
SUMMARY 
This amendment replaces the bill. The amendment removes the provisions in the bill 
that regulated the substance of consumer arbitration clauses and retains only the provision 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A " to S.P. 516, L.D. 1489 
requiring that arbitration providers report certain information relating to consumer 
arbitration proceedings. The amendment requires that the information be reported on a 
quarterly basis to the Director of the Office of Consumer Credit Regulatio!1 within the 
Department of Professional and Financial Regulation. The amendment requires that the 
director compile the information in a report to the Joint Standing Committee on Insurance 
and Financial Services by April 1,2009. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 0~/07 /07 ,;t!;pac:.. 
LD 1489 
LR 1547(02) 
An Act To Enhance Fairness in Arbitration 
Fiscal Note for Bill as Amended by Committee Amendment '/4 " 
Committee: Insurance and Financial Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Department of Professional and Financial Regulation in implementing this bill can be 
absorbed by the department utilizing existing budget resources. 
LR1547(02) - Fiscal Note - Page 1 of 1