An Act To Ban Telephone Solicitations Using an Artificial or Prerecorded Voice and Enhance Caller Identification
Maine Legislature, Session 129, LD 0277
Committee Amendment CA_A_S88 (Senate)
Amends: 10 MRSA §1498, 10 MRSA §1499-A

COMMITTEE AMENDMENT " A " to S.P. 89, L.D. 277, Bill, "An Act To Ban 
Telephone Solicitations Using an Artificial or Prerecorded Voice and Enhance Caller 
Identification" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
1Sec. 1. 10 MRSA §1498, sub-§1, 1A-1 is enacted to read: 
A-1. 
11Misleading or inaccurate caller identification information
includes, to the 
extent consistent with federal law, blocked caller identification information. 
Sec. 2. 10 MRSA §1498, sub-§2, as enacted by PL 1989, c. 775, is amended to 
read: 
2. Prohibition. A person may not use an automated telephone calling device or an 
artificial or prerecorded voice to make solicitation calls to: 
A. Any emergency telephone numbers in this State including, but not limited to, the 
emergency telephone numbers of any hospital, physician, health care facility, 
ambulance service, or fire or law enforcement officer or facility; 
B. Any paging or cellular phone within the State; er 
C. Any unlisted, unpublished, toll-free long distance or direct inward dial telephone 
number within the State'"_;__Q! 
D. Any residential telephone number within the State. 
Sec. 3. 10 MRSA §1498, sub-§6, as enacted by PL 1989, c. 775, is amended to 
read: 
6. Exceptions. This section does not prohibit the use of an automated telephone 
calling device or an artificial or prerecorded voice to: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" fr "to S.P. 89, L.D. 277 
·~\ 
A. Inform purchasers of the receipt, availability or delivery of goods or services or 
any other pertinent information on the status of any purchased goods or services; 
B. Respond to a telephone inquiry initiated by the person to whom the automated 
call or call using an artificial or prerecorded voice is directed; Bf 
C. 
Carry out the duties of any state or local governmental unit7 or school 
administrative unit or private school; 
D. Deliver an emergency message by a governmental entity; 
E. Deliver information with the prior, written, express consent of the recipient of the 
call; or 
F. Communicate with a business about reservations, purchases and other information 
for customers such as hours of operation, directions and merchandise availability. 
Sec. 4. 10 MRSA §1499-A, sub-§1, ~' as enacted by PL 2003, c. 70, §1 and 
affected by §2, is amended to read: 
D. "Telemarketing" means a plan, program or campaign that is conducted by use of 
one or more telephones or other telecommunications services, 
including 
interconnected voice over Internet protocol and text messaging, to induce the 
purchase of goods or services or a charitable contribution and that involves more than 
one intrastate telephone oall. "Telemarketing" does not include the solicitation of 
sales through the mailing of a catalog that contains a written description or 
illustration of the goods or services offered for sale, the business address of the seller 
and multiple pages of written material or illustrations, and that is issued not less 
frequently than once a year, if the person making the solicitation does not solicit 
customers by telephone but only receives calls initiated by customers in response to 
the catalog and during those calls takes orders without further solicitation. For 
purposes of this paragraph, the term "further solicitation" does not include providing 
the customer with information about, or attempting to sell, any other item included in 
the same catalog that prompted the customer1s call or in a substantially similar 
catalog. 
Sec. 5. 10 MRSA §1499-A, sub-§2, as enacted by PL 2003, c. 70, §1 and 
affected by §2, is repealed and the following enacted in its place: 
2. Prohibition. It is an unfair trade practice, as prohibited by Title 5, section 207 
and enforced by the Office of the Attorney General, for a seller or telemarketer to cause 
any caller identification services to transmit misleading or inaccurate caller identification 
information with the intent to defraud or cause harm to another person or to wrongfully 
obtain anything of value. 
Sec. 6. 10 MRSA §1499-A, sub-§3, as enacted by PL 2003, c. 70, § 1 and 
affected by §2, is repealed. 
Sec. 7. 10 MRSA §1499-A, sub-§4 is enacted to read: 
4. Exception. It is not a violation of subsection 2 for: 
A. A seller or telemarketer to substitute for the name and telephone number used in 
or billed for making the call: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f\ "to S.P. 89, L.D. 277 (_ 
(1) 
The name of the seller or charitable organization on whose behalf the 
telemarketing call is placed; or 
(2) The seller's or charitable organization's customer or donor service telephone 
number that is answered during regular business hours; or 
B. 
A telecommunications carrier, as defined in 47 United States Code, Section 
153(51), to provide telecommunications service, as defined in 47 United States Code, 
Section 153(53).' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment adds a definition of misleading or inaccurate caller identification 
information to include blocked calls and adds language including interconnected voice 
over Internet protocol and text messaging, and removes the requirement for at least one 
intrastate call, in the definition of telemarketing. It adds an exception to the prohibition 
on use of automatic calls in order to communicate with a business about reservations, 
purchases and other information for customers such as hours of operation, directions and 
7 
merchandise availability. 
The amendment removes language prohibiting blocked 
telemarketer caller identification information. The amendment adds language stating that 
violations of the prohibition on misleading or inaccurate telemarketer caller identification 
information that are violations of the Maine Unfair Trade Practices Act are enforceable 
by the Office of the Attorney General. The amendment changes the language describing 
transmission of misleading or inaccurate caller identification information to add a 
requirement for intent to defraud, cause harm or obtain anything of value. Finally, the 
amendment adds language stating that a telecommunications carrier providing 
telecommunications service as allowed by federal law is exempt from the prohibition on 
causing any caller identification services to transmit misleading or inaccurate caller 
identification information with the intent to defraud, cause harm or obtain anything of 
value. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/19/19 .feac:.. 
LD277 
LR 799(02) 
An Act To Ban Telephone Solicitations Using an Artificial or Prerecorded Voice and Enhance Caller 
Identification 
Fiscal Note for Bill as Amended by Committee Amendment '!1' ( ~:;'(;~'::\) 
Committee: Innovation, Development, Economic Advancement and Business 
· 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional fine revenue will increase General Fund and dedicated revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Office 6f the Attorney General to enforce the prohibitions in this bill are expected to be 
minor and can be absorbed within existing budgeted resources. 
LR0799(02) - Fiscal Note - Page I of 1