reglab/housing_qa huggingface dataset:
32 ME Rev Stat § 11016 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 2: DEBT COLLECTION ACTIVITIES|32 §11016. Furnishing certain deceptive forms

 §11016. Furnishing certain deceptive forms 1.  Unlawful activity.  It is unlawful to design, compile and furnish any form knowing that the form would be used to create the false belief in a consumer that a person other than the creditor of the consumer is participating in the collection of or in an attempt to collect a debt the consumer allegedly owed the creditor, when in fact that person is not so participating.   [PL 1985, c. 702, §2 (NEW).] 2.  Extent of liability.  Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 11054 for failure to comply with a provision of this Act.   [PL 1985, c. 702, §2 (NEW).] SECTION HISTORY PL 1985, c. 702, §2 (NEW).
32 ME Rev Stat § 11017 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 2: DEBT COLLECTION ACTIVITIES|32 §11017. Repossession activity

 §11017. Repossession activity 1.  Right to take possession after default.  Except in the case of a residential real estate property preservation provider, a debt collector acting on behalf of a creditor may take possession of collateral only if possession can be taken without entry into a dwelling, unless that entry has been authorized after default and without the use of force or other breach of the peace.   [PL 2013, c. 521, Pt. E, §3 (AMD).] 2.  Return of private property.  Except in the case of a residential real estate property preservation provider, a debt collector shall inventory any unsecured property taken with repossessed collateral and immediately notify the consumer that the property will be made available in a manner convenient to the consumer.   [PL 2013, c. 521, Pt. E, §3 (AMD).] 3.  Special treatment for necessary medical device or equipment in a repossessed vehicle.  A consumer who has unsecured property taken when a vehicle is repossessed pursuant to Title 29‑A, section 665, subsection 6 may have that property returned by complying with this subsection.   The consumer shall notify the debt collector that:   A. Unsecured property was taken with a repossessed vehicle;   [PL 2009, c. 45, §2 (NEW).]B. The unsecured property includes a medical device or equipment necessary for health or welfare; and   [PL 2009, c. 45, §2 (NEW).]C. The consumer does not have practicable means to retrieve the medical device or equipment.   [PL 2009, c. 45, §2 (NEW).]If the consumer makes a reasonable request for the return of the medical device or equipment, the debt collector shall arrange to have the medical equipment or device promptly returned to the consumer. If the debt collector incurs expenses in actually returning the medical device or equipment to the consumer, those reasonable expenses are considered a reasonable charge incurred in realizing on a security interest in personal property, pursuant to Title 9‑A, section 3‑402, subsection 1, paragraph B, which may be added to the consumer's indebtedness.   [PL 2009, c. 45, §2 (NEW).] 4.  Residential real estate property preservation.  A residential real estate property preservation provider may enter into a dwelling only if authorized by the terms of a note, contract or mortgage. The provider may not use force or effect a breach of the peace against any person. The provider shall inventory any unsecured items removed from the dwelling and immediately notify the appropriate consumer that the unsecured items will be made available in a manner convenient to the consumer. The provider shall make a permanent record of all steps taken to preserve and secure the dwelling and shall make that record and the inventory of removed unsecured items available to the consumer upon written request.   [PL 2013, c. 521, Pt. E, §4 (NEW).] SECTION HISTORY PL 1993, c. 126, §3 (NEW). PL 2009, c. 45, §2 (AMD). PL 2013, c. 521, Pt. E, §§3, 4 (AMD).
32 ME Rev Stat § 11018 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 2: DEBT COLLECTION ACTIVITIES|32 §11018. Privacy of consumer financial information

 §11018. Privacy of consumer financial information A collection agency or repossession company shall comply with the provisions of the federal Gramm-Leach-Bliley Act, 15 United States Code, Section 6801 et seq. (1999) and the applicable implementing federal Privacy of Consumer Information regulations, as adopted by the Office of the Comptroller of the Currency, 12 Code of Federal Regulations, Part 40 (2001); the Board of Governors of the Federal Reserve System, 12 Code of Federal Regulations, Part 216 (2001); the Federal Deposit Insurance Corporation, 12 Code of Federal Regulations, Part 332 (2001); the Office of Thrift Supervision, 12 Code of Federal Regulations, Part 573 (2001); the National Credit Union Administration, 12 Code of Federal Regulations, Part 716 (2001); the Federal Trade Commission, 16 Code of Federal Regulations, Part 313 (2001); or the Securities and Exchange Commission, 17 Code of Federal Regulations, Part 248 (2001), if the collection agency or repossession company is a financial institution as defined in those regulations. This section is not intended to permit the release of health care information except as permitted by Title 22, section 1711-C or Title 24-A, chapter 24.   [PL 2001, c. 262, Pt. E, §4 (NEW).]SECTION HISTORY PL 2001, c. 262, §E4 (NEW).
32 ME Rev Stat § 11021 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 2: DEBT COLLECTION ACTIVITIES|32 §11021. Collection actions prohibited in small claims court

 §11021. Collection actions prohibited in small claims court A debt collector may not commence a collection action against a consumer to collect a debt in small claims court pursuant to Title 14, chapter 738.   [PL 2021, c. 245, Pt. F, §3 (NEW).]SECTION HISTORY PL 2021, c. 245, Pt. F, §3 (NEW).
32 ME Rev Stat § 11032 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 3: LICENSING AND ADMINISTRATION|32 §11032. Bond

 §11032. Bond The administrator shall require each licensee to file and maintain in force a surety bond, in a form prescribed by and acceptable to the administrator and in such sum as the administrator may deem reasonably necessary, to safeguard the interests of the public. The terms of the bond must run concurrent with the period of time during which the license will be in effect. The bond may be cancelled by the surety on the bond by giving 30 days' notice to the administrator, but the cancellation may not in any manner affect the liability of the surety as to anything occurring prior to the cancellation.   [PL 1997, c. 727, Pt. B, §22 (AMD).]SECTION HISTORY PL 1985, c. 702, §2 (NEW). PL 1997, c. 727, §B22 (AMD).
32 ME Rev Stat § 11033 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 3: LICENSING AND ADMINISTRATION|32 §11033. Prior convictions as disqualifications

 §11033. Prior convictions as disqualifications In evaluating a license application, the superintendent shall consider the criminal record of any individual applicant, of any partner, if the applicant is a partnership, of any officer or director, if the applicant is a corporation, or of any employee of the foregoing, in accordance with Title 5, chapter 341. No license may be granted to any lawyer, whose license to practice law has been suspended or revoked, during the effective period of that suspension or revocation.   [PL 1985, c. 702, §2 (NEW).]SECTION HISTORY PL 1985, c. 702, §2 (NEW).
32 ME Rev Stat § 11034 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 3: LICENSING AND ADMINISTRATION|32 §11034. Rulemaking

 §11034. Rulemaking The superintendent may make such reasonable rules, not inconsistent with this chapter, pertaining to the operation of the business of licensees as he deems necessary to safeguard the interest of the public. The rules shall be adopted in the manner prescribed in the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II.   [PL 1985, c. 702, §2 (NEW).]SECTION HISTORY PL 1985, c. 702, §2 (NEW).
32 ME Rev Stat § 11035 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 3: LICENSING AND ADMINISTRATION|32 §11035. Advisory rulings

 §11035. Advisory rulings The superintendent may issue advisory rulings pertaining to the applicability of any statutory provision or any rule adopted under this chapter and shall provide by rule for the filing and prompt disposition of requests for advisory rulings.   [PL 1985, c. 702, §2 (NEW).]SECTION HISTORY PL 1985, c. 702, §2 (NEW).
32 ME Rev Stat § 11036 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 3: LICENSING AND ADMINISTRATION|32 §11036. Reports and records

 §11036. Reports and records 1.  Financial statements.  The administrator may at any time require a licensee to submit to the bureau such financial statements as determined necessary for examination by the administrator so that the administrator may determine whether or not the licensee is financially responsible to carry on a debt collector's business.   [PL 1997, c. 727, Pt. B, §23 (AMD).] 2.  Books and records.  The superintendent shall require the licensee to keep such books and records in this State as will enable the superintendent to determine whether the provisions of this chapter are being complied with. At the superintendent's option, a licensee may keep the books and records in a location outside this State, provided that the licensee agrees to produce the books and records in this State upon demand. Every licensee shall preserve the records of final entry used in that business for a period of 2 years after final remittance is made on any account placed with the licensee for collection or after any account has been returned to the claimant on which one or more payments have been made.   [PL 1985, c. 702, §2 (NEW).] SECTION HISTORY PL 1985, c. 702, §2 (NEW). PL 1997, c. 727, §B23 (AMD).
32 ME Rev Stat § 11037 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 3: LICENSING AND ADMINISTRATION|32 §11037. Voluntary termination of business

 §11037. Voluntary termination of business 1.  Procedures prior to termination.  Prior to voluntarily ceasing business as a debt collector, a licensee shall:   A. Notify the superintendent of the proposed termination at least 30 days prior to its effective date;   [PL 1985, c. 702, §2 (NEW).]B. Notify all creditor clients in writing of the proposed termination at least 30 days prior to its effective date;   [PL 1985, c. 702, §2 (NEW).]C. Provide all creditor clients with detailed final accountings of all debt accounts;   [PL 1985, c. 702, §2 (NEW).]D. Remit all money held in the agency trust account to each respective creditor client;   [PL 1985, c. 702, §2 (NEW).]E. Return all papers, documents and other property of creditor clients provided to the licensee in connection with its collection efforts to those clients; and   [PL 1985, c. 702, §2 (NEW).]F. Return its license to the superintendent for cancellation.   [PL 1985, c. 702, §2 (NEW).][PL 1985, c. 702, §2 (NEW).] 2.  Transfer of accounts.  No licensee, when terminating its business, may transfer an account to another debt collector without first securing the written permission of the client.   [PL 1985, c. 702, §2 (NEW).] SECTION HISTORY PL 1985, c. 702, §2 (NEW).
32 ME Rev Stat § 11039 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 3: LICENSING AND ADMINISTRATION|32 §11039. Fees

 §11039. Fees The aggregate of license fees provided for by this chapter is appropriated for the use of the Bureau of Consumer Credit Protection. Any balance of these funds shall not lapse, but shall be carried forward to be expended for the same purposes in the following fiscal year.   [PL 1995, c. 309, §26 (AMD); PL 1995, c. 309, §29 (AFF); PL 2007, c. 273, Pt. B, §5 (REV); PL 2007, c. 695, Pt. A, §47 (AFF).]SECTION HISTORY PL 1985, c. 702, §2 (NEW). PL 1995, c. 309, §26 (AMD). PL 1995, c. 309, §29 (AFF). PL 2007, c. 273, Pt. B, §5 (REV). PL 2007, c. 273, Pt. B, §7 (AFF). PL 2007, c. 695, Pt. A, §47 (AFF).
32 ME Rev Stat § 11040 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 3: LICENSING AND ADMINISTRATION|32 §11040. Penalty

 §11040. Penalty Any person who carries on business as a debt collector without first obtaining a license pursuant to this subchapter, or who carries on that business after the revocation, suspension or expiration of any license, or who performs duties relating to the conduct of a debt collector on behalf of another person as an officer, director, employee, agent or in any other capacity, unless the other person has first obtained a license which has not expired, but been revoked nor suspended is guilty of a Class E crime.   [PL 1985, c. 702, §2 (NEW).]SECTION HISTORY PL 1985, c. 702, §2 (NEW).
32 ME Rev Stat § 11051 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 4: ENFORCEMENT|32 §11051. Investigation, suspension and revocation of licenses

 §11051. Investigation, suspension and revocation of licenses The Bureau of Consumer Credit Protection may examine or investigate the records and practices of any person the administrator believes has engaged in conduct governed by this chapter in accordance with Title 9‑A, section 6‑106, may review and approve collection letters proposed for use in this State and may charge for expenses incurred pursuant to Title 9‑A, section 6‑106, subsection 6.   [PL 2021, c. 245, Pt. A, §11 (AMD).]After notice and opportunity for hearing, the administrator may suspend or revoke a licensee's license issued pursuant to this chapter if the administrator finds that:   [PL 2021, c. 245, Pt. A, §11 (NEW).]1.  Grounds for denial.  A fact or condition exists that, if it had existed at the time when the licensee applied for its license, would have been grounds for denying the application;   [PL 2021, c. 245, Pt. A, §11 (NEW).] 2.  Violations.  The licensee has knowingly violated any material provision of this chapter or any rule adopted or order validly issued by the administrator under authority of this chapter;   [PL 2021, c. 245, Pt. A, §11 (NEW).] 3.  Safety and soundness.  The licensee is conducting its business in an unsafe or unsound manner;   [PL 2021, c. 245, Pt. A, §11 (NEW).] 4.  Insolvency.  The licensee is insolvent;   [PL 2021, c. 245, Pt. A, §11 (NEW).] 5.  Failure to meet obligations.  The licensee has suspended payment of its obligations, has made an assignment for the benefit of its creditors or has admitted in writing its inability to pay its debts as they become due;   [PL 2021, c. 245, Pt. A, §11 (NEW).] 6.  Bankruptcy.  The licensee has applied for an adjudication of bankruptcy, reorganization, arrangement or other relief under any bankruptcy;   [PL 2021, c. 245, Pt. A, §11 (NEW).] 7.  Refusal of examination.  The licensee has refused to permit the administrator to make an examination authorized by this chapter;   [PL 2021, c. 245, Pt. A, §11 (NEW).] 8.  Failure to respond.  The licensee has failed to promptly and adequately respond to communications from the administrator; or   [PL 2021, c. 245, Pt. A, §11 (NEW).] 9.  Failure to file report.  The licensee has willfully failed to make a report required by this chapter.   [PL 2021, c. 245, Pt. A, §11 (NEW).] SECTION HISTORY PL 1985, c. 702, §2 (NEW). PL 1989, c. 502, §A116 (AMD). RR 1995, c. 1, §27 (COR). RR 1995, c. 1, §28 (AFF). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2007, c. 273, Pt. B, §§5, 6 (REV). PL 2007, c. 273, Pt. B, §7 (AFF). PL 2007, c. 695, Pt. A, §47 (AFF). PL 2009, c. 243, §7 (AMD). PL 2021, c. 245, Pt. A, §11 (AMD).
32 ME Rev Stat § 11051-A (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 4: ENFORCEMENT|32 §11051-A. Enforcement; financial institutions

 §11051-A. Enforcement; financial institutions When a supervised financial organization is the creditor, the Superintendent of Financial Institutions has concurrent examination authority under section 11051. The administrator and the Superintendent of Financial Institutions shall cooperate in enforcing this chapter.   [PL 1995, c. 309, §24 (NEW); PL 1995, c. 309, §29 (AFF); PL 2001, c. 44, §11 (AMD); PL 2001, c. 44, §14 (AFF).]SECTION HISTORY PL 1995, c. 309, §24 (NEW). PL 1995, c. 309, §29 (AFF). PL 2001, c. 44, §11 (AMD). PL 2001, c. 44, §14 (AFF).
32 ME Rev Stat § 11051-B (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 4: ENFORCEMENT|32 §11051-B. Administrative enforcement orders

 §11051-B. Administrative enforcement orders 1.  Cease and desist.  After notice and hearing, the administrator may order a person to cease and desist from engaging in violations of this chapter or a lawful rule adopted or order issued by the administrator and may further order that the person take appropriate corrective action to reimburse consumers in cases in which consumers have been charged amounts in excess of those permitted by this chapter. Notice and hearing need not be provided prior to issuance of an order to cease and desist when, in the opinion of the administrator, immediate action is required to protect the public interest and:   A. The debt collector has not complied with section 11031; or   [PL 2021, c. 245, Pt. A, §12 (NEW).]B. The debt collector does not maintain a permanent place of business in this State.   [PL 2021, c. 245, Pt. A, §12 (NEW).]A respondent aggrieved by an order of the administrator may obtain judicial review of the order in the Superior Court. The proceeding for review is initiated and conducted in accordance with Title 5, chapter 375, subchapter 7.   [PL 2021, c. 245, Pt. A, §12 (NEW).] 2.  Objection not urged; remand.  An objection not urged at the hearing under subsection 1 may not be considered by the court unless the failure to urge the objection is excused for good cause shown. A party may move the court to remand the case to the administrator in the interest of justice for the purpose of adducing additional specified and material evidence and seeking findings thereon upon good cause shown for the failure to adduce this evidence before the administrator.   [PL 2021, c. 245, Pt. A, §12 (NEW).] 3.  Testimony available to parties.  The administrator's copy of the testimony at the hearing under subsection 1 must be available at reasonable times to all parties for examination without cost.   [PL 2021, c. 245, Pt. A, §12 (NEW).] 4.  Obtain decree.  If no proceeding is initiated under subsection 1, the administrator, through the Attorney General, may obtain a decree of the Superior Court for enforcement of its order upon showing that the order was issued in compliance with this section, that no proceeding for review was timely initiated and that the respondent is subject to the jurisdiction of the court. The decree of the Superior Court may also provide any relief available in an action brought under Title 9-A, section 6-110.   [PL 2021, c. 245, Pt. A, §12 (NEW).] 5.  Unconscionable agreements; fraudulent, unconscionable conduct.  With respect to unconscionable agreements or fraudulent or unconscionable conduct by the respondent, the administrator may not issue an order pursuant to this section, but, through the Attorney General, may bring a civil action for an injunction.   [PL 2021, c. 245, Pt. A, §12 (NEW).] SECTION HISTORY PL 2021, c. 245, Pt. A, §12 (NEW).
32 ME Rev Stat § 11051-C (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 4: ENFORCEMENT|32 §11051-C. Assurance of discontinuance

 §11051-C. Assurance of discontinuance If it is claimed that a person has engaged in conduct that could be subject to an order by the administrator or by a court, the administrator may accept an assurance in writing that the person will not engage in the same or in similar conduct in the future. Such an assurance may include any or any combination of the following: stipulations for the voluntary payment by the debt collector of the costs of investigation or of an amount to be held in escrow as restitution to debtors aggrieved by past or future conduct of the debt collector or to cover costs of future investigation; or admissions of past specific acts by the debt collector or that such acts violated this chapter or other statutes. A violation of an assurance of discontinuance is a violation of this chapter.   [PL 2021, c. 245, Pt. A, §13 (NEW).]SECTION HISTORY PL 2021, c. 245, Pt. A, §13 (NEW).
32 ME Rev Stat § 11052 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 4: ENFORCEMENT|32 §11052. Appeals

 §11052. Appeals Any appeal from the decision of the superintendent may be taken in accordance with Title 5, chapter 375, subchapter VII.   [PL 1985, c. 702, §2 (NEW).]SECTION HISTORY PL 1985, c. 702, §2 (NEW).
32 ME Rev Stat § 11053 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT|Subchapter 4: ENFORCEMENT|32 §11053. Civil penalty

 §11053. Civil penalty Except for a civil action against a debt buyer, the superintendent may, through the Attorney General, bring a civil action for a penalty not to exceed $5,000 against any person who willfully violates this chapter. The superintendent may, through the Attorney General, bring a civil action for a penalty not to exceed $10,000 against a debt buyer who willfully violates this chapter. No civil penalty pursuant to this section may be imposed for violations of this chapter occurring more than 2 years before the civil action is brought.   [PL 2017, c. 216, §8 (AMD).]SECTION HISTORY PL 1985, c. 702, §2 (NEW). PL 2017, c. 216, §8 (AMD).
32 ME Rev Stat § 11202 (2021)
2021 Maine Revised Statutes|TITLE 32: PROFESSIONS AND OCCUPATIONS|Chapter 111-A: MAINE COMMODITY CODE|Subchapter 1: GENERAL PROVISIONS|32 §11202. Unlawful commodity transactions

 §11202. Unlawful commodity transactions Except as otherwise provided in section 11203 or 11204, no person may sell, purchase or offer to sell or purchase any commodity under any commodity contract or any commodity option or offer to enter into or enter into as seller or purchaser any commodity contract or commodity option.   [PL 1985, c. 643 (NEW).]SECTION HISTORY PL 1985, c. 643 (NEW).