reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 204: BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS › Subchapter 1: REGULATION OF BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS › 10 §1184. Construction

§1184. Construction
In construing this chapter the courts may be guided by the interpretations of the Federal Trade Commission Act(15 U.S.C. 45), as from time to time amended.   [PL 1975, c. 573 (NEW).]
If any provision of this chapter is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this chapter and the applicability thereof to persons and circumstances shall not be affected thereby.   [PL 1981, c. 331, §8 (NEW).]
SECTION HISTORY
PL 1975, c. 573 (NEW). PL 1981, c. 331, §8 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 204: BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS › Subchapter 1: REGULATION OF BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS › 10 §1185. Jurisdiction

§1185. Jurisdiction
Any person who shall violate any provisions of this chapter shall be subject to the jurisdiction of the courts of this State, upon service of process in accordance with Title 14, chapter 203, and consistent with the maximum limits of due process as decided by the United States Supreme Court.   [PL 1975, c. 573 (NEW).]
SECTION HISTORY
PL 1975, c. 573 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 204: BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS › Subchapter 1: REGULATION OF BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS › 10 §1186. Penalty

§1186. Penalty
Any person who violates any provision of this chapter other than section 1174‑D commits a Class E crime.   [PL 2017, c. 217, §10 (AMD).]
SECTION HISTORY
PL 1975, c. 573 (NEW). PL 1979, c. 127, §58 (AMD). PL 2017, c. 217, §10 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 204: BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS › Subchapter 2: MAINE MOTOR VEHICLE FRANCHISE BOARD › 10 §1187-A. Fund

§1187-A. Fund
To fund the board and to pay the start-up expenses of administration and enforcement of this chapter, there is established the Maine Motor Vehicle Franchise Fund, referred to in this section as "the fund." The board shall impose an initial fee upon each new motor vehicle dealer of $200 for each dealer's license held by that dealer and an initial fee of $2,000 for each line make of each manufacturer. The board shall determine on an annual basis whether additional funding is required. If additional funding is required, the board shall meet those funding requirements by adopting rules pursuant to section 1187, subsection 6 to impose additional fees on motor vehicle dealers or manufacturers. In establishing those fees, the board shall ensure that revenues from those fees closely match the costs of the board to administer and enforce this chapter. The board may amend those rules biennially as necessary to ensure that the board has sufficient funds to administer and enforce this chapter. The board shall maintain a fund balance of at least $20,000.   [PL 2003, c. 356, §12 (NEW).]
The fund is administered by the Secretary of State. The fund must be used exclusively for the administration and operation of the board for the enforcement of this chapter. Expenses for operation of the board, including the compensation for the chair, must be paid by the board to the Secretary of State on a quarterly basis.   [PL 2003, c. 356, §12 (NEW).]
SECTION HISTORY
PL 2003, c. 356, §12 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 204: BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS › Subchapter 2: MAINE MOTOR VEHICLE FRANCHISE BOARD › 10 §1188. Duties

§1188. Duties
The board:   [PL 2003, c. 356, §12 (NEW).]
1.  Complaints.
Shall review written complaints filed with the board by persons complaining of conduct governed by this chapter;
[PL 2003, c. 356, §12 (NEW).]
2.  Decision.
Shall issue written decisions and may issue orders to a franchisee or franchisor in violation of this chapter;
[PL 2003, c. 356, §12 (NEW).]
3.  Penalty.
May levy a civil penalty pursuant to section 1171‑B, subsection 3;
[PL 2003, c. 356, §12 (NEW).]
4.  Award costs.
Shall award costs and attorney's fees pursuant to section 1173;
[PL 2003, c. 356, §12 (NEW).]
5.  Interim order.
Shall levy a civil penalty pursuant to section 1171‑B, subsection 3 when a party to a complaint under this subchapter is found to have recklessly or knowingly failed, neglected or refused to comply with an interim order issued by the board;
[PL 2005, c. 61, §4 (AMD).]
6.  Procedures.
May appoint persons to be present at the deposition of out-of-state witnesses, administer oaths, issue subpoenas to compel the presence of witnesses or documents and authorize stenographic or recorded transcripts of proceedings; and
[PL 2005, c. 61, §4 (AMD).]
7.  Alternate members.
Alternates are empowered to hear cases and carry out other duties of the board when regular board members from the same category are unable or unwilling to carry out those duties. The chair shall select alternate members to perform duties under this subsection.
[PL 2005, c. 61, §5 (NEW).]
SECTION HISTORY
PL 2003, c. 356, §12 (NEW). PL 2005, c. 61, §§4,5 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 204: BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS › Subchapter 2: MAINE MOTOR VEHICLE FRANCHISE BOARD › 10 §1188-A. Prehearing conference

§1188-A. Prehearing conference
Prior to hearing a complaint, but not later than 45 days after the filing of the complaint, the board shall require the parties to attend a prehearing conference with the chair to discuss the possibility of settlement. If the matter is not resolved through the conference, the matter must be placed on the board's calendar for hearing. Settlement conference discussions remain confidential and may not be disclosed or used as an admission in any subsequent hearing.   [PL 2003, c. 356, §12 (NEW).]
SECTION HISTORY
PL 2003, c. 356, §12 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 204: BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS › Subchapter 2: MAINE MOTOR VEHICLE FRANCHISE BOARD › 10 §1189. Hearings

§1189. Hearings
The board shall hold a hearing on the merits of a complaint within 120 days of the filing of the complaint. The hearing must be conducted pursuant to rules established by the board. A decision must be issued within 30 days of the completion of the hearing. The board shall determine the location of hearings.   [PL 2003, c. 356, §12 (NEW).]
SECTION HISTORY
PL 2003, c. 356, §12 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 204: BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS › Subchapter 2: MAINE MOTOR VEHICLE FRANCHISE BOARD › 10 §1189-A. Discovery

§1189-A. Discovery
The parties to a hearing conducted pursuant to this subchapter are permitted to conduct and use the same discovery procedures as provided in the Maine Rules of Civil Procedure, subject to any amendments to the rules as the board might adopt to secure that discovery is expedited.   [PL 2003, c. 356, §12 (NEW).]
Compliance with discovery procedures authorized by this section and by rule may be enforced by application to the board or on the board's own motion.   [PL 2003, c. 356, §12 (NEW).]
SECTION HISTORY
PL 2003, c. 356, §12 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 204: BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS › Subchapter 2: MAINE MOTOR VEHICLE FRANCHISE BOARD › 10 §1189-B. Appeal

§1189-B. Appeal
A party appealing an order of the board to the Superior Court shall indicate in the appeal whether it is an appeal on issues of law or on factual matters.   [PL 2003, c. 356, §12 (NEW).]
1.  Appeal as matter of law.
An order or decision may be appealed solely on the basis that the board made an error of law. An order or decision appealed may not be set aside or vacated except for an error of law. Additional evidence may not be heard or taken by the Superior Court on an appeal made under this section.
[PL 2003, c. 356, §12 (NEW).]
2.  Appeal involving factual matters.
A party to a decision by the board may appeal to the Superior Court for a hearing on the merits of the dispute. In any such hearing before the Superior Court, all findings of fact of the board are presumed to be correct unless rebutted by clear and convincing evidence.
[PL 2003, c. 356, §12 (NEW).]
A copy of the decision, certified as true and accurate by the chair must be admitted into evidence in any appeal hearing. There is a right to trial by jury in any action brought in Superior Court under this section. An appeal for hearing is subject to the provisions of section 1173.   [PL 2003, c. 356, §12 (NEW).]
SECTION HISTORY
PL 2003, c. 356, §12 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 204: BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS › Subchapter 2: MAINE MOTOR VEHICLE FRANCHISE BOARD › 10 §1190. Statute of limitations

§1190. Statute of limitations
If a complaint is filed with the board by a person otherwise entitled to bring a complaint in the courts of the State, then the applicable statute of limitations is tolled and a civil action in a court of competent jurisdiction is barred pending the outcome of proceedings before the board.   [PL 2003, c. 356, §12 (NEW).]
SECTION HISTORY
PL 2003, c. 356, §12 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 204: BUSINESS PRACTICES BETWEEN MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS AND DEALERS › Subchapter 2: MAINE MOTOR VEHICLE FRANCHISE BOARD › 10 §1190-A. Action filed; court

§1190-A. Action filed; court
An action, filed in a court of competent jurisdiction, that gives rise or could give rise to a claim or defense under this chapter must be stayed if, within 60 days after the date of filing of the complaint, or service of process, whichever date is later, a party to the action files a complaint with the board asserting the claims or defenses under this chapter.   [PL 2003, c. 356, §12 (NEW).]
SECTION HISTORY
PL 2003, c. 356, §12 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 204-A: DEALER PRACTICES FOR CERTAIN MOTOR VEHICLES › 10 §1191. Definitions

§1191. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1989, c. 51 (NEW).]
1.  Dealer.
"Dealer" means an individual, partnership, corporation, business trust or any other legal entity that is engaged in the business of selling or leasing, offering for sale or lease or negotiating the sale or lease of new motor vehicles, except auctioneers licensed by the Secretary of State.
[PL 1989, c. 51 (NEW).]
2.  Motor vehicle.
"Motor vehicle" means any self-propelled vehicle designed primarily to transport not more than 14 individuals, except motorcycles, snowmobiles, all-terrain vehicles, customized vans and any vehicle operated exclusively on a rail or rails. This definition is intended to include motor trucks that have a gross weight of not more than 8,600 pounds as certified by the vehicle manufacturer or franchise representative pursuant to Title 29‑A, section 2364, subsection 5.
[PL 1999, c. 580, §1 (AMD); PL 1999, c. 580, §14 (AFF).]
SECTION HISTORY
PL 1989, c. 51 (NEW). PL 1995, c. 65, §A17 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1999, c. 580, §1 (AMD). PL 1999, c. 580, §14 (AFF).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 204-A: DEALER PRACTICES FOR CERTAIN MOTOR VEHICLES › 10 §1192. Disclosure requirements

§1192. Disclosure requirements
No dealer may sell or offer to sell any new motor vehicle unless the dealer affixes to the windshield or side window of the motor vehicle the following written disclosures:   [PL 1989, c. 51 (NEW).]
1.  Manufacturer's suggested retail price.
The manufacturer's suggested retail price;
[PL 1989, c. 51 (NEW).]
2.  Manufacturer's suggested price on options.
The retail delivered price suggested by the manufacturer for each accessory or item of optional equipment, physically attached to the motor vehicle at the time of its delivery to the dealer, which is not included in the price of the motor vehicle as stated pursuant to subsection 1;
[PL 1989, c. 51 (NEW).]
3.  Transportation charges.
The amount, if any, charged to the dealer for transportation of the motor vehicle to the location at which it is delivered to the dealer; and
[PL 1989, c. 51 (NEW).]
4.  Total amount.
The total of the amounts specified pursuant to subsections 1, 2 and 3.
[PL 1989, c. 51 (NEW).]
SECTION HISTORY
PL 1989, c. 51 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 204-A: DEALER PRACTICES FOR CERTAIN MOTOR VEHICLES › 10 §1193. Violations

§1193. Violations
1.  Unfair trade practice.
Any violation of this chapter shall constitute prima facie evidence of a violation of Title 5, chapter 10, the Maine Unfair Trade Practices Act.
[PL 1989, c. 51 (NEW).]
SECTION HISTORY
PL 1989, c. 51 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 204-A: DEALER PRACTICES FOR CERTAIN MOTOR VEHICLES › 10 §1194. Dealer sale practices for new or used motor vehicles

§1194. Dealer sale practices for new or used motor vehicles
When selling new or used motor vehicles a dealer must adhere to the following sale practices.   [PL 2001, c. 256, §2 (NEW).]
1.  Dealer revocation of sale.
If a dealer sells a new or used motor vehicle and allows the buyer to take possession of it, the dealer can not at a later date inform the buyer of that vehicle that the dealer is canceling the sale unless the dealer has disclosed at the time of the sale and at the time of cancellation that if financing can not be procured according to the terms agreed upon in the contract, the consumer shall receive:
A. Reimbursement of the entire vehicle purchase price or, if a leased vehicle, the lease payments made to date, including any paid finance charges on the purchased or leased vehicle;   [PL 2001, c. 256, §2 (NEW).]
B. Reimbursement of all charges pertinent to the contract, including, but not limited to, sales tax, license and registration fees and similar government charges; and   [PL 2001, c. 256, §2 (NEW).]
C. The vehicle traded in or, if the vehicle is not available, the trade-in value of the vehicle established in the contract.   [PL 2001, c. 256, §2 (NEW).]
This subsection does not apply to any sale canceled by the dealer due to material misrepresentation made by the buyer.
[PL 2001, c. 256, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 256, §2 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 204-B: WATERCRAFT MANUFACTURERS, DISTRIBUTORS AND DEALERS › 10 §1196. Definitions

§1196. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1991, c. 631 (NEW).]
1.  Distributor or wholesaler.
"Distributor" or "wholesaler" means any person who sells or distributes new or used watercraft or engines for watercraft to watercraft dealers or who maintains distributor representatives within this State.
[PL 1991, c. 631 (NEW).]
2.  Franchise.
"Franchise" means an oral or written arrangement for a definite or indefinite period in which a manufacturer, distributor or wholesaler grants to a watercraft dealer a license to use a trade name, service mark or related characteristic, and in which there is a community of interest in the marketing of watercraft or engines for watercraft or services related to watercraft at wholesale, retail, leasing or otherwise.
[PL 1991, c. 631 (NEW).]
3.  Franchisee.
"Franchisee" means a watercraft dealer to whom a franchise is offered or granted.
[PL 1991, c. 631 (NEW).]
4.  Franchisor.
"Franchisor" means a manufacturer, distributor or wholesaler who grants a franchise to a watercraft dealer.
[PL 1991, c. 631 (NEW).]
5.  Manufacturer.
"Manufacturer" means any person, partnership, firm, association, corporation or trust, resident or nonresident, that manufactures or assembles new watercraft or engines for watercraft, or imports for distribution through distributors of watercraft, or any partnership, firm, association, joint venture, corporation or trust, resident or nonresident, that is controlled by the manufacturer. The term "manufacturer" includes the term "distributor" or "wholesaler."
[PL 1991, c. 631 (NEW).]
6.  Watercraft.
"Watercraft" means any type of vessel, boat or craft used or capable of being used as a means of transportation on water. "Watercraft" does not include a seaplane or a personal sports mobile as defined in section 1242, subsection 15.
[PL 1997, c. 473, §2 (AMD).]
7.  Watercraft dealer.
"Watercraft dealer" means any person who sells or solicits or advertises the sale of new or used watercraft or engines for watercraft. "Watercraft dealer" does not include receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under judgment, decree or order of any court or public officers while performing their duties as such officers.
[PL 1991, c. 631 (NEW).]
SECTION HISTORY
PL 1991, c. 631 (NEW). PL 1997, c. 473, §2 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 204-B: WATERCRAFT MANUFACTURERS, DISTRIBUTORS AND DEALERS › 10 §1197. Warranty

§1197. Warranty
1.  Parts or labor; satisfaction of warranty.
If a franchisor requires or permits a franchisee to perform labor or provide parts to satisfy a warranty created by the franchisor, the franchisor shall properly and promptly fulfill its warranty obligations and:
A. Reimburse the franchisee at the retail rate customarily charged for any parts provided by the franchisee to satisfy the warranty; and   [PL 1991, c. 631 (NEW).]
B. Reimburse the franchisee for any labor performed by the franchisee to satisfy the warranty. Reimbursement for labor may not be less than the retail rate customarily charged by that franchisee for the same labor when not performed to satisfy a warranty. To be entitled to reimbursement under this section, a franchisee must post in a place conspicuous to service customers the rate for labor not performed to satisfy a warranty.   [PL 1991, c. 631 (NEW).]
[PL 1991, c. 631 (NEW).]
2.  Restrictions prohibited.
A franchisor may not, by agreement, by restriction upon reimbursement or otherwise, restrict the nature or extent of labor performed or parts provided if such a restriction impairs the franchisee's ability to satisfy a warranty created by the franchisor by performing labor competently or by providing parts in accordance with generally accepted standards.
[PL 1991, c. 631 (NEW).]
3.  Claim.
A claim by a franchisee for compensation for parts provided or for reimbursement for labor performed to satisfy a warranty must be approved or disapproved within 30 days of receipt by the franchisor. A claim that is approved must be paid within 30 days of its approval. If a franchisor disapproves a claim, it shall notify the franchisee that submitted the claim within 30 days of disapproval of the specific reasons for disapproval.
[PL 1991, c. 631 (NEW).]
4.  Costs; fees.
If a franchisee brings a legal action to collect a disapproved claim and is successful in that action, the court shall award the franchisee the cost of the action and reasonable attorney's fees. Reasonable attorney's fees must be determined by the value of the time reasonably expended by the attorney and not by the amount of the recovery on behalf of the franchisee.
[PL 1991, c. 631 (NEW).]
SECTION HISTORY
PL 1991, c. 631 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 205: UNFAIR SALES ACT › 10 §1203. Exceptions

§1203. Exceptions
This chapter shall not apply with respect to advertising or offering to sell, or selling, at retail or at wholesale, as the case may be, if done:
1.  Isolated transaction.
In an isolated transaction and not in the usual course of business;
2.  Clearance sales.
Where merchandise is sold in bona fide clearance sales, if advertised or offered for sale as such or marked and sold as such, or where merchandise is marked down in an effort to sell the same after bona fide efforts to sell the same prior to such markdown;
3.  Perishable merchandise.
Where perishable merchandise must be sold promptly in order to forestall loss;
4.  Imperfect or damaged merchandise.
Where merchandise is imperfect or damaged or its sale is being discontinued, if advertised or offered for sale as such or marked and sold as such;
5.  Final liquidation of business.
Where merchandise is advertised or offered for sale or sold upon the final liquidation of any business;
6.  Charitable purposes.
Where merchandise is advertised or offered for sale or sold for charitable purposes or to relief agencies;
7.  Sold to State, political subdivisions.
Where merchandise is sold on contract to any department, board or commission of the State or of any political subdivision thereof, or to any institution maintained thereby;
8.  Price in good faith to meet competition.
Where the price of merchandise is made in good faith to meet legal competition;
9.  Order of court.
Where merchandise is advertised or offered for sale or sold by any fiduciary or other officer acting under the order or direction of any court.
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 205: UNFAIR SALES ACT › 10 §1204. Applicability of provisions

§1204. Applicability of provisions
This chapter shall prevail whenever the application of any provision of any other law of this State, other than Title 7, chapter 603‑A, conflicts with the application of any provision of this chapter.   [PL 1983, c. 484, §3 (AMD).]
SECTION HISTORY
PL 1983, c. 484, §3 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 205: UNFAIR SALES ACT › 10 §1204-A. Unlawful practices

§1204-A. Unlawful practices
It is unlawful for any person engaged in the distribution or sale of merchandise of general use or consumption to sell such merchandise at less than the cost thereof to such vendor with the purpose or intent to injure competitors or destroy competition. Any merchandise offered for sale at a price below cost shall be prominently displayed in the outlet offering the same in sufficient quantities to meet the usual and reasonable expected demand therefor.   [PL 1965, c. 305 (NEW).]
SECTION HISTORY
PL 1965, c. 305 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 205: UNFAIR SALES ACT › 10 §1205. Bill in equity by injured person

§1205. Bill in equity by injured person
1.  Injunctive relief; damages and costs.
Any person damaged or who is threatened with loss or injury by reason of a violation or threatened violation of this chapter may bring a civil action in the Superior Court in the county where he resides, to prevent, restrain or enjoin such violation or threatened violation. If in such action a violation or threatened violation of this chapter shall be established, the court may enjoin and restrain or otherwise prohibit such violation or threatened violation. In such action it shall not be necessary that actual damages to the plaintiff be alleged or proved. In addition to such injunctive relief, the plaintiff in said action shall be entitled to recover from the defendant 3 times the amount of actual damages by him sustained and the costs of the action including reasonable attorneys' fees.
2.  Damages only.
In the event no injunctive relief is sought or required, any person injured by a violation of this chapter may maintain an action for damages alone in the Superior Court in the county where he resides and the measure of damages in such action shall be the same as prescribed in subsection 1.
3.  Evidence of intent to injure.
In all proceedings under this section, proof of consistent and repeated advertisements, offers to sell or sales of any items of merchandise by any retailer or wholesaler at less than cost to them as defined in this chapter, said advertisements, offers to sell and sales thereby forming a pattern of sales below cost, shall be prima facie evidence of intent to injure competitors and destroy competition.
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 205: UNFAIR SALES ACT › 10 §1207. Penalties

§1207. Penalties
Any retailer who, with intent to injure competitors or destroy competition, advertises, offers to sell or sells at retail any item of merchandise at less than cost to the retailer, or any wholesaler who, with intent as aforesaid, advertises, offers to sell or sells at wholesale any item of merchandise at less than cost to the wholesaler shall be punished by a fine of not more than $500. In all prosecutions under this section, proof of consistent and repeated advertisements, offers to sell or sales of any items of merchandise by any retailer or wholesaler at less than cost to them as defined in this chapter, said advertisements, offers to sell and sales thereby forming a pattern of sales below cost, shall be prima facie evidence of intent to injure competitors and destroy competition.
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 205: UNFAIR SALES ACT › 10 §1208. Summons

§1208. Summons
1.  Authority.
Whenever the Attorney General reasonably believes that a violation of section 1204‑A may be occurring in the sale of motor fuel, he may require by summons the attendance and testimony of witnesses and the production of books and papers before him relating to any and all costs of operation of any motor fuel retailer or wholesaler.
[PL 1981, c. 423, §1 (NEW).]
2.  Penalty.
Any person who fails to comply with a summons issued under this section is subject to a civil penalty of not more than $5,000, payable to the State to be recovered in a civil action.
[PL 1981, c. 423, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 423, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 205: UNFAIR SALES ACT › 10 §1209. Reports

§1209. Reports
1.  Requirement.
Whenever the price of motor fuel sold at a retail outlet operated or controlled by a wholesaler of motor fuel is less than the dealer tankwagon price charged for the same motor fuel to any independent retail outlet supplied by the wholesaler and located within one mile of the wholesaler's outlet, the wholesaler shall file a written report with the Attorney General setting forth the information specified in subsection 2. This section shall apply only when the price at the wholesaler's outlet is less, for one full business day, than the most recent dealer tankwagon price to the independent outlet, provided that such sale was made to the independent retail outlet within 30 days prior to the date the lower price was posted by the wholesaler. "Dealer tankwagon price" means the wholesaler's price for motor fuel delivered to the independent retail outlet.
[PL 1981, c. 423, §2 (NEW).]
2.  Contents.
The report required from the wholesaler shall contain the following information:
A. The date on which the underpricing occurred;   [PL 1981, c. 423, §2 (NEW).]
B. The name and location of the wholesaler's retail outlet;   [PL 1981, c. 423, §2 (NEW).]
C. The wholesale cost of the motor fuel sold at that outlet;   [PL 1981, c. 423, §2 (NEW).]
D. The retail price the wholesaler charged on the date the underpricing occurred;   [PL 1981, c. 423, §2 (NEW).]
E. The name and location of the independent outlet which the wholesaler has underpriced;   [PL 1981, c. 423, §2 (NEW).]
F. The most recent dealer tankwagon price and date of sale to the independent retail outlet; and   [PL 1981, c. 423, §2 (NEW).]
G. The retail price of the independent on the date the underpricing occurred.   [PL 1981, c. 423, §2 (NEW).]
The report shall be filed by postmarking it within 5 business days of the date on which the underpricing occurred.
[PL 1981, c. 423, §2 (NEW).]
3.  Penalty.
Any person who fails to file a report as required by this section shall be subject to a penalty of not more than $500 a day for each day after the first 5 business days on which he fails to file a report by postmarking it. The penalty shall be payable to the State and recoverable in a civil action.
[PL 1981, c. 423, §2 (NEW).]
SECTION HISTORY
PL 1981, c. 423, §2 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 205-A: REQUIRED DISCLOSURES TO CONSUMERS › 10 §1210. Charges after free trial period

§1210. Charges 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.   [PL 2009, c. 502, §1 (NEW).]
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.   [PL 2009, c. 502, §1 (NEW).]
[PL 2009, c. 502, §1 (NEW).]
2.  Prohibition.
A seller may not make a free offer to a consumer in the State unless, at the time the consumer agrees to the free offer:
A. The seller obtains directly from the consumer information necessary for billing the consumer; and   [PL 2009, c. 502, §1 (NEW).]
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.   [PL 2009, c. 502, §1 (NEW).]
[PL 2009, c. 502, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 210, §1 (NEW). PL 2001, c. 471, §E1 (AMD). PL 2009, c. 502, §1 (RPR).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 205-A: REQUIRED DISCLOSURES TO CONSUMERS › 10 §1210-A. Violation

§1210-A. Violation
A seller that violates this chapter commits an unfair and deceptive act and a violation of Title 5, section 207.   [PL 2009, c. 502, §2 (AMD).]
SECTION HISTORY
PL 2001, c. 210, §1 (NEW). PL 2009, c. 502, §2 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 205-A: REQUIRED DISCLOSURES TO CONSUMERS › 10 §1210-B. Limitation

§1210-B. Limitation
This chapter does not apply to the following:   [PL 2001, c. 471, Pt. E, §2 (NEW).]
1.  Sales under $25.
[PL 2009, c. 502, §3 (RP).]
1-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 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;
[PL 2009, c. 502, §4 (NEW).]
2.  Home solicitation sales.
A transaction regulated under Title 9‑A, section 3‑501 to 3‑507;
[PL 2001, c. 471, Pt. E, §2 (NEW).]
3.  Securities.
A sale by a dealer or agent or salesman of a dealer registered pursuant to Title 32, chapter 135 of stocks, bonds, debentures or securities representing stocks, bonds or debentures registered pursuant to Title 32, chapter 135 or expressly exempt from registration pursuant to Title 32, chapter 135;
[PL 2005, c. 65, Pt. C, §6 (AMD).]
4.  Insurance policies.
A sale of insurance regulated under Title 24‑A, sections 2515‑A and 2717; or
[PL 2001, c. 471, Pt. E, §2 (NEW).]
5.  Credit services.
A sale of credit services by a supervised lender, as defined in Title 9‑A, section 1‑301, subsection 39, or an agent or affiliate of a supervised lender to the extent the affiliate or agent is selling or offering to sell the credit services of the supervised lender. For purposes of this paragraph, "credit services" includes any extension of credit and any product or service that a supervised lender is authorized by law or regulation to sell in connection with or relating to an extension of credit, such as credit insurance and a debt cancellation policy. For the purposes of this paragraph, "affiliate" has the same meaning as in Title 9‑B, section 131, subsection 1‑A. Transactions covered by this exemption are limited to those that become effective only after the consumer has affirmed the terms and conditions of the agreement by an acceptance initiated by the consumer.
[PL 2001, c. 471, Pt. E, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 471, §E2 (NEW). PL 2005, c. 65, §C6 (AMD). PL 2009, c. 502, §§3, 4 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 205-B: AUTOMATIC SUBSCRIPTION RENEWAL › 10 §1210-D. Violation

§1210-D. Violation
1.  Violations.
A violation of this section is a violation of the Maine Unfair Trade Practices Act.
[PL 2019, c. 175, §1 (NEW).]
2.  Exceptions.
An action may not be brought under the Maine Unfair Trade Practices Act if a seller violates this chapter as the result of an error and provides a full refund or credit for all amounts billed to or paid by the consumer from the date of the subscription renewal until the date of the termination of the subscription or the date of the subsequent notice of renewal, whichever occurs first.
[PL 2019, c. 175, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 175, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 206: UNIFORM DECEPTIVE TRADE PRACTICES ACT › 10 §1211. Definitions

§1211. Definitions
As used in this chapter, unless the context otherwise requires:   [PL 1969, c. 503 (NEW).]
1.  Article.
"Article" means a product as distinguished from its trademark, label or distinctive dress in packaging;
[PL 1969, c. 503 (NEW).]
2.  Certification mark.
"Certification mark" means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization;
[PL 1969, c. 503 (NEW).]
3.  Collective mark.
"Collective mark" means a mark used by members of a cooperative, association or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization;
[PL 1969, c. 503 (NEW).]
4.  Mark.
"Mark" means a word, name, symbol, device or any combination of the foregoing in any form or arrangement;
[PL 1969, c. 503 (NEW).]
5.  Person.
"Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, 2 or more of the foregoing having a joint or common interest, or any other legal or commercial entity;
[PL 1969, c. 503 (NEW).]
6.  Service mark.
"Service mark" means a mark used by a person to identify services and to distinguish them from the services of others;
[PL 1969, c. 503 (NEW).]
7.  Trademark.
"Trademark" means a mark used by a person to identify goods and to distinguish them from the goods of others;
[PL 1969, c. 503 (NEW).]
8.  Trade name.
"Trade name" means a work, name, symbol, device or any combination of the foregoing in any form or arrangement used by a person to identify his business, vocation or occupation and distinguish it from the business, vocation or occupation of others.
[PL 1969, c. 503 (NEW).]
SECTION HISTORY
PL 1969, c. 503 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 206: UNIFORM DECEPTIVE TRADE PRACTICES ACT › 10 §1212. Deceptive trade practices

§1212. Deceptive trade practices
1.  Lists.
A person engages in a deceptive trade practice when, in the course of his business, vocation or occupation, he
A. Passes off goods or services as those of another;   [PL 1969, c. 503 (NEW).]
B. Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services;   [PL 1969, c. 503 (NEW).]
C. Causes likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by, another;   [PL 1969, c. 503 (NEW).]
D. Uses deceptive representations or designations of geographic origin in connection with goods or services;   [PL 1969, c. 503 (NEW).]
E. Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have, or that a person has a sponsorship, approval, status, affiliation or connection that he does not have;   [PL 1969, c. 503 (NEW).]
F. Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;   [PL 1973, c. 625, §53 (AMD).]
G. Represents that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another;   [PL 1969, c. 503 (NEW).]
H. Disparages the goods, services or business of another by false or misleading representation of fact;   [PL 1969, c. 503 (NEW).]
I. Advertises goods or services with intent not to sell them as advertised;   [PL 1969, c. 503 (NEW).]
J. Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;   [PL 1969, c. 503 (NEW).]
K. Makes false or misleading statements of fact concerning the reasons for, existence of or amounts of, price reductions; or   [PL 1969, c. 503 (NEW).]
L. Engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding.   [PL 1969, c. 503 (NEW).]
[PL 1973, c. 625, §53 (AMD).]
2.  Complaint.
In order to prevail in an action under this chapter, a complainant need not prove competition between the parties or actual confusion or misunderstanding.
[PL 1969, c. 503 (NEW).]
3.  Application.
This section does not affect unfair trade practices otherwise actionable at common law or under other statutes of this State.
[PL 1969, c. 503 (NEW).]
SECTION HISTORY
PL 1969, c. 503 (NEW). PL 1973, c. 625, §53 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 206: UNIFORM DECEPTIVE TRADE PRACTICES ACT › 10 §1213. Remedies

§1213. Remedies
A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits or intent to deceive is not required. Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source.   [PL 1969, c. 503 (NEW).]
The court in exceptional cases may award reasonable attorneys' fees to the prevailing party. Costs or attorneys' fees may be assessed against a defendant only if the court finds that he has willfully engaged in a deceptive trade practice.   [PL 1969, c. 503 (NEW).]
The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this State.   [PL 1969, c. 503 (NEW).]
SECTION HISTORY
PL 1969, c. 503 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 206: UNIFORM DECEPTIVE TRADE PRACTICES ACT › 10 §1214. Application

§1214. Application
1.  Application.
This chapter does not apply to:
A. Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state or local governmental agency;   [PL 1969, c. 503 (AMD).]
B. Publishers, broadcasters, printers or other persons engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character; or   [PL 1969, c. 503 (NEW).]
C. Actions or appeals pending on October 1, 1969.   [PL 1973, c. 625, §54 (AMD).]
[PL 1973, c. 625, §54 (AMD).]
2.  Limitation.
Section 1212, subsection 1, paragraphs B and C do not apply to the use of a service mark, trademark, certification mark, collective mark, trade name or other trade identification that was used and not abandoned before October 1, 1969, if the use was in good faith and is otherwise lawful except for this chapter.
[PL 1973, c. 625, §55 (AMD).]
SECTION HISTORY
PL 1969, c. 503 (NEW). PL 1973, c. 625, §§54,55 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 206: UNIFORM DECEPTIVE TRADE PRACTICES ACT › 10 §1215. Uniformity of interpretation

§1215. Uniformity of interpretation
This chapter shall be construed to effectuate its general purpose to make uniform the law of those states which enact it.   [PL 1969, c. 503 (NEW).]
SECTION HISTORY
PL 1969, c. 503 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 206: UNIFORM DECEPTIVE TRADE PRACTICES ACT › 10 §1216. Short title

§1216. Short title
This chapter may be cited as the Uniform Deceptive Trade Practices Act.   [PL 1969, c. 503 (NEW).]
SECTION HISTORY
PL 1969, c. 503 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 206-A: MANUFACTURERS' REBATES › 10 §1231. Definitions

§1231. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1987, c. 204 (NEW).]
1.  Consumer.
"Consumer" means a natural person who purchases or contracts to purchase consumer goods.
[PL 1987, c. 204 (NEW).]
2.  Consumer goods.
"Consumer goods" means any objects, wares, commodities or services offered for sale and intended to be used by consumers for personal, family or household purposes.
[PL 1987, c. 204 (NEW).]
3.  Manufacturer rebate.
"Manufacturer rebate" means any offer or promise that a manufacturer or distributor will refund to a consumer all or a portion of the price paid by the consumer for the purchase of consumer goods.
[PL 1987, c. 204 (NEW).]
SECTION HISTORY
PL 1987, c. 204 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 206-A: MANUFACTURERS' REBATES › 10 §1232. Availability of rebate forms

§1232. Availability of rebate forms
Any persons, firm, partnership, corporation or association which causes to be advertised by means of a newspaper advertisement, circular, television or radio announcement, in-store promotion or otherwise, the availability of a manufacturer's rebate form shall have available to the consumer at the time of advertising and promotion and make available to the purchaser at the time of sale the appropriate manufacturer's rebate form. This form, or a notice as to its location, shall be located with the merchandise to which it pertains. Forms which have expired shall be removed from consumer availability in a timely fashion.   [PL 1987, c. 204 (NEW).]
SECTION HISTORY
PL 1987, c. 204 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 206-A: MANUFACTURERS' REBATES › 10 §1233. Violations

§1233. Violations
1.  Private remedy.
If the court finds in any action commenced under this chapter that the manufacturer or distributor or its agents violated section 1232, it shall award to the petitioner an amount not less than $100.
[PL 1987, c. 204 (NEW).]
2.  Unfair trade practice.
A violation of this chapter constitutes a violation of Title 5, chapter 10.
[PL 1987, c. 204 (NEW).]
SECTION HISTORY
PL 1987, c. 204 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 206-B: PERSONAL SPORTS MOBILE MANUFACTURERS, DISTRIBUTORS AND DEALERS › 10 §1241. Short title

§1241. Short title
This chapter may be known and cited as the "Personal Sports Mobile Business Practices Act."   [PL 1997, c. 473, §3 (NEW).]
SECTION HISTORY
PL 1997, c. 473, §3 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 206-B: PERSONAL SPORTS MOBILE MANUFACTURERS, DISTRIBUTORS AND DEALERS › 10 §1243-A. Unlawful sale of new personal sports mobile

§1243-A. Unlawful sale of new personal sports mobile
A person is guilty of unlawful sale of a new personal sports mobile if that person sells a new personal sports mobile and does not possess a current and valid franchise with the personal sports mobile manufacturer of the brand of new personal sports mobile being sold. If, upon demand by a law enforcement officer, a person fails to produce evidence of a franchise required by this section, this failure is prima facie evidence that the person does not possess that franchise.   [PL 2001, c. 616, §4 (NEW).]
A person who violates this section commits a Class E crime and additionally is liable in any action brought for unfair methods of competition or unfair and deceptive trade practices for treble damages, which include, but are not limited to, damages related to warranty coverage.   [PL 2001, c. 616, §4 (NEW).]
This section may be enforced by any law enforcement officer.   [PL 2001, c. 616, §4 (NEW).]
SECTION HISTORY
PL 2001, c. 616, §4 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 206-B: PERSONAL SPORTS MOBILE MANUFACTURERS, DISTRIBUTORS AND DEALERS › 10 §1245. Transportation damages

§1245. Transportation damages
1.  Liability of new dealer after acceptance.
Notwithstanding the terms, provisions or conditions of any agreement or franchise, the new personal sports mobile dealer is solely liable for damages to new personal sports mobiles after acceptance from the carrier and before delivery to the ultimate purchaser.
[PL 1997, c. 473, §3 (NEW).]
2.  Liability of manufacturer.
Notwithstanding the terms, provisions or conditions of any agreement or franchise, the manufacturer is liable for all damages to personal sports mobiles before delivery to a carrier or transporter.
[PL 1997, c. 473, §3 (NEW).]
3.  Additional liability of dealer.
Notwithstanding the provisions of subsections 1 and 2, the new personal sports mobile dealer is liable for damages to new personal sports mobiles after delivery to the carrier if the dealer selects the mode of transportation and the carrier. In all other instances, the manufacturer is liable for carrier-related new personal sports mobile damage as long as the new personal sports mobile dealer annotates the bill of lading or other carrier document indicating damages observed at the time of delivery to the new personal sports mobile dealer and promptly notifies the manufacturer of any concealed damage discovered after delivery.
[PL 1997, c. 473, §3 (NEW).]
SECTION HISTORY
PL 1997, c. 473, §3 (NEW).