An Act To Protect Consumers from Credit Card and Debit Card Holds
Maine Legislature, Session 124, LD 0446
Committee: Insurance and Financial Services
Sponsors: BEAUDOIN, BOWMAN, BOLAND, CASAVANT, CELLI, GOODE, MORRISON, TREAT, TUTTLE, WAGNER
Amends: 10 MRSA §1149

MAINE STATE LEGISLATURE 
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124th MAINE LEGISLA URE 
Legislative Document 
No. 446 
H.P.334 
House of Representatives, Febmary 10, 2009 
An Act To Protect Consumers from Credit Card and Debit Card 
Holds 
Reference to the Committee on Insurance and Financial Services suggested and ordered 
printed, 
Presented by Representative BEAUDOIN of Biddeford. 
Cosponsored by Senator BOWMAN of York and 
Ill~ /h. 7Il(Lf;~{ 
MILLICENT M .. MacFARLAND 
Clerk 
Representatives: BOLAND of Sanford, CASAVANT of Biddeford, CELLI of Brewer, 
GOODE of Bangor, MORRISON of South Portland, TREAT of Hallowell, TUTTLE of 
Sanford, WAGNER of Lewiston. 
Printed on 1'I.:cycJcd paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §1149-:-A is enacted to read: 
§1149-A. Credit card or debit card holds 
1. Excess hold prohibited. A person, fIrm, partnership, association, corporation or 
limited liability company that accepts credit cards or debit cards for the transaction of 
business may not place a hold on a credit card or debit card for an amount that exceeds 
the actual transaction amount unless that person, fIrm, partnership, association, 
corporation or limited liability company, within one hour of the completion of the 
transaction, reduces the amount of the hold to the actual transaction amount, rounded up 
to the nearest dollar. As used in this section, "hold" means a transaction conveyed to a 
consumer's credit card or debit card issuer that decreases the amount of credit or funds 
available to that consumer. 
2. Violation. A person, fIrm, partnership, association, corporation or limited liability 
company that violates this section is subject to a fme not to exceed $250 for the fIrst 
violation and $1,000 for each subsequent violation. A fIne may not be assessed for a 
violation of this section if the person, fIrm, partnership, association, corporation or 
limited liability company demonstrates by a preponderance of the evidence that the 
defendant has adopted procedures reasonably designed to avoid errors and that the 
violation was unintentional and resulted from a bona fIde error. 
Sec. 2. Maine Revised Statutes headnote amended; revision'Clause. III the 
Maine Revised Statutes, Title 10, chapter 202-D, in the chapter headnote, the words 
"credit card and debit card receipts" are amended to read "credit cards and debit cards" 
and the Revisor of Statutes shall implement this revision when updating, publishing or 
republishing the statutes. 
SUMMARY 
This bill prohibits a merchant from placing a hold on the credit or funds available to a 
consumer using a credit card or debit card in excess of the actual transaction amount 
unless the merchant reduces the hold to the actual transaction amount within one hour of 
the completion of the sale. 
A fIne of $250 for the fIrst violation and $1,000 for 
subsequent violations is provided. 
Page I - 124LR0785(OI)-1 
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