An Act To Protect Consumers from Charges after a Free Trial Period 1
Maine Legislature, Session 124, LD 1541
Committee Amendment CA_A_H626 (House)
Amends: 10 MRSA §1210-A, 10 MRSA §1210-B

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COMMITTEE AMENDMENT ,/-1 " to H.P. 1085, L.D. 1541, Bill, "An Act To 
Protect Consumers from Charges after a Free Trial Period" 
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Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 10 MRS A §1210, as enacted by PL 2001, c. 210, § 1 and amended by c. 
471, Pt. E, § 1, is repealed and the following enacted in its place: 
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§1210. Cha.·ges after free trial period 
1. Definitions. As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Established business relationship" means a prior or existing relationship formed 
by a voluntary 2-way communication between a seller and a consumer with an 
exchange of consideration on the basis of the consumer's purchase from or 
transaction with the seller within the 18 months immediately preceding the date of a 
free offer. 
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B. "Free offer" means an offer of a rebate or of products or services without cost to a 
consumer by a seller under which, as a result of accepting the rebate, products or 
services, the consumer is required to contact the seller to avoid incurring a financial 
obligation for receiving additional products or services. 
2. Prohibition. A seller may not make a free offer to a conslimer in the State unless, 
at the time the consumer agrees to the free offer: 
A. The seller obtains directly from the consumer information necessalY for billing 
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the consumer; and 
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B. 
The seller provides the consumer with clear and conspicuous information 
regarding the terms of the free offer, including any additional financial obligations 
that may be incurred as a result of accepting the free offer. 
Page I - 124LR2376(02)-1 
COMMITTEE AMENDMENT 
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,COMMITTEE AMENDMENT"A"lO 1-1.1'.1085, L.D. 1541 
Sec. 2. 10 MRSA §1210-A, as enacted by PL 200 I, c. 210, § I, is amended to 
read: 
§1210-A. Violation 
A merehant "'/ho selIer that violates this chapter commits an unfair and deceptive act 
and a violation of Title 5, section 207. 
Sec. 3. 10 MRSA §1210-B, sub-§I, as enacted by PL 2001, c. 471, Pt. E, §2, is 
repealed. 
Sec. 4. 10 MRSA §1210-B, sub-§I-A is enacted to read: 
I-A. Established business relationships. A free offer when the seller and the 
consumer have an established business relationship. The consumer's established business 
relationship with the selIer does not extend to affiliates of the seller, unless the consumer 
,would reasonably expect an afiiliate to be included given the nature and type of goods or 
services offered by the affiliate and the identity of the affiliate;' 
SUMMARY 
This amendment replaces the bill and makes the following changes to the laws 
governing required disclosures to consumers. 
The amendment repeals the current prohibition on charges after a trial period and 
instead prohibits a seller from making a free offer to a consumer in Maine unless, at the 
time the consumer agrees to the free offer, the seller obtains directly from the consumer 
information necessary for billing the consumer and the seller provides the consumer with 
clear and conspicuous information regarding the terms of the free offer, including any 
additional financial obligations that may be incurred as a result of accepting the free 
offer. 
The amendment also repeals the current exception for sales under $25 and adds a new 
exception for free offers where the seller and the consumer have an established business 
relationship. The consumer's established business relationship with the seller does not 
extend to affiliates of the seller, unless the consumer would reasonably expect an affiliate 
to be included given the nature and type of goods or services offered by the affiliate and 
the identity of the affiliate. 
FISCAL NOTE l~EQUIRED 
(See At/ached) 
COMMITTEE AMENDMENT 
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Approved: 02/041 10 frac 
LD 1541 
LR 2376(02) 
An Act To Protect Consumers from Charges after a Free Trial Period 
Fiscal Note for Bill as Amended by Committee Amendment ,A" 
Committee: Business, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR2376(02) - Fiscal Note - Page I of I 
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