An Act To Prohibit Posing as a Governmental Entity in Commerce
Maine Legislature, Session 128, LD 1377
Committee: Labor, Commerce, Research and Economic Development
Sponsors: DUNPHY, WHITTEMORE, FECTEAU, GUERIN, MASTRACCIO, MOONEN, SCHNECK, SHERMAN, SKOLFIELD, SYLVESTER

Legislative Document
No. 1377
H.P. 956
House of Representatives, April 11, 2017
An Act To Prohibit Posing as a Governmental Entity in Commerce
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DUNPHY of Old Town.
Cosponsored by Senator WHITTEMORE of Somerset and
Representatives: FECTEAU of Biddeford, GUERIN of Glenburn, MASTRACCIO of Sanford, 
MOONEN of Portland, SCHNECK of Bangor, SHERMAN of Hodgdon, SKOLFIELD of 
Weld, SYLVESTER of Portland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  10 MRSA c. 229 is enacted to read: 
CHAPTER 229 
POSING AS A GOVERNMENTAL ENTITY OR AGENT IN COMMERCE 
§1500-H.  Posing as a governmental entity or agent in commerce 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Governmental entity" means a unit, subdivision or entity of the Federal 
Government, the State, a county, a municipality or another state, including an agency, 
department, board, commission, bureau, division or military or public safety 
organization. 
2.  False representation of posing as a governmental entity or agent in 
commerce.  A person who is not an official, agent or representative of a governmental 
entity or who does not have express approval of a governmental entity may not in 
commerce: 
A.  Represent, imply or otherwise cause a likelihood of confusion that the person is 
an official, agent or representative of a governmental entity in the sale, advertising for 
sale, marketing, offering, distribution or solicitation of any goods or services; 
B.  Simulate a summons, complaint, jury notice, tax form or other judicial or 
administrative process or make an untrue statement that any good, service, 
advertisement or offer was sent or distributed by or has been approved, authorized or 
endorsed in whole or in part by a governmental entity; 
C.  Use language or a symbol, logo, representation, statement, title, name, seal, 
emblem, insignia, trade or brand name, business or control tracking number, website, 
e-mail address or any other term or content that falsely represents or implies or 
otherwise causes a likelihood of confusion that any goods, services, advertisement or 
offer is from a governmental entity; or 
D.  Offer a document that is available free of charge or at a lesser price from a 
governmental entity without displaying the following notice on the front or outside of 
the mailing envelope, at the top of the e-mail message, on each website page or on 
the top of each page of any advertisement containing the offer.  The notice must be in 
the largest type that appears in the offer or advertisement for the document, but no 
less than 14-point black type: 
"IMPORTANT NOTICE 
The documents offered are available to Maine consumers free of charge or for a 
lesser price from (insert name, telephone number, website and mailing address of the 
applicable governmental entity).  You are NOT required to purchase anything from 
this company, and this company is NOT affiliated, endorsed or approved by any 
governmental agency.  The item offered has NOT been approved or endorsed by any 
governmental agency, and this offer is NOT being made by an agency of the 
government." 
3.  Unfair trade practice.  A violation of this section constitutes an unfair or 
deceptive act or practice in violation of Title 5, chapter 10. 
SUMMARY 
This bill makes an untrue representation by a person that the person is an official, 
agent or representative of a governmental entity in the advertisement, offer, sale or 
distribution of goods or services or that the goods or services are from or approved, 
authorized or endorsed by a governmental entity a violation of the Maine Unfair Trade 
Practices Act.  The bill also provides that it is a violation of that Act for a person who is 
not an official, agent or representative of a governmental entity to simulate a summons, 
complaint, jury notice, tax form or other judicial or administrative process.  The bill also 
requires a notice be placed on every offer of the sale of a governmental document that can 
be obtained from the applicable governmental entity for free or at a lesser charge 
informing the consumer and providing the contact information of the governmental 
entity.