reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 208-B: FARM MACHINERY, FORESTRY EQUIPMENT, CONSTRUCTION EQUIPMENT AND INDUSTRIAL EQUIPMENT DEALERSHIPS › 10 §1297. Applicability

§1297. Applicability
This chapter applies to agreements in effect as of October 1, 1989. In addition, this chapter applies to any agreements entered into after October 1, 1989. The provisions of this chapter are also applicable to any renewal or amendment of the agreements.   [PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
SECTION HISTORY
PL 1995, c. 462, §A22 (NEW). PL 1995, c. 462, §A23 (AFF).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 208-B: FARM MACHINERY, FORESTRY EQUIPMENT, CONSTRUCTION EQUIPMENT AND INDUSTRIAL EQUIPMENT DEALERSHIPS › 10 §1298. Reasonableness and good faith

§1298. Reasonableness and good faith
1.  Good faith.
Every agreement entered into under this chapter imposes on the parties the obligation to act in good faith.
[PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
2.  Reasonableness.
This chapter imposes on every term and provision of any agreement a requirement of reasonableness. Every term or provision of any agreement must be interpreted so that the requirements or obligations imposed are reasonable.
[PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23 (AFF).]
SECTION HISTORY
PL 1995, c. 462, §A22 (NEW). PL 1995, c. 462, §A23 (AFF).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 209: BULK SALES (REPEALED) › 10 §1302. Applicability of provisions (REPEALED)

§1302. Applicability of provisions
(REPEALED)
SECTION HISTORY
PL 1979, c. 666, §1 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 209-A: VEHICLE LEASES THAT ARE NOT SALES OR SECURITY INTERESTS › 10 §1305. Terminal rental adjustment clauses; vehicle leases that are not sales or security interests

§1305. Terminal rental adjustment clauses; vehicle leases that are not sales or security interests
Notwithstanding any other provision of law, in the case of motor vehicles or trailers, a transaction does not create a sale or security interest merely because the agreement provides that the rental price is permitted or required to be adjusted upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer. A transaction may be considered a sale for purposes of Title 36.   [PL 1997, c. 668, §1 (AMD).]
SECTION HISTORY
PL 1997, c. 352, §1 (NEW). PL 1997, c. 668, §1 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 209-B: FAIR CREDIT REPORTING ACT › 10 §1306. Short title

§1306. Short title
This chapter may be known and cited as "the Fair Credit Reporting Act."   [PL 2013, c. 228, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 228, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 209-B: FAIR CREDIT REPORTING ACT › 10 §1307. Statement of purpose

§1307. Statement of purpose
1.  Findings.
The Legislature makes the following findings.
A. Creditors, insurers and prospective employers are dependent upon fair and accurate consumer reporting. Inaccurate consumer reports directly impair the efficiency of economic decisions, and unfair consumer reporting methods undermine the public confidence that is essential to our economic system.   [PL 2013, c. 228, §1 (NEW).]
B. An elaborate mechanism has been developed for investigating and evaluating the creditworthiness, credit standing, credit capacity, character and general reputation of consumers.   [PL 2013, c. 228, §1 (NEW).]
C. Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.   [PL 2013, c. 228, §1 (NEW).]
D. There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality and a respect for the consumer's right to privacy.   [PL 2013, c. 228, §1 (NEW).]
[PL 2013, c. 228, §1 (NEW).]
2.  Purposes.
The purposes of this chapter are to:
A. Require consumer reporting agencies to adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance and other information in a manner that is fair and equitable to the consumer, with regard for confidentiality, accuracy, relevancy and proper use of this information in accordance with the requirements of this chapter; and   [PL 2013, c. 228, §1 (NEW).]
B. Supplement the provisions of the United States Fair Credit Reporting Act of the United States Consumer Credit Protection Act, 15 United States Code, Section 1681 et seq.   [PL 2013, c. 228, §1 (NEW).]
[PL 2013, c. 228, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 228, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 209-B: FAIR CREDIT REPORTING ACT › 10 §1309. Incorporation by reference of federal law and rulemaking

§1309. Incorporation by reference of federal law and rulemaking
1.  Federal law and regulation.
A person subject to this chapter shall comply with the federal Fair Credit Reporting Act and the provisions of 12 Code of Federal Regulations, Section 1022.1 et seq., as amended.
[PL 2013, c. 228, §1 (NEW).]
2.  Rules.
Subject to the limitations in 15 United States Code, Section 1681t, the administrator may adopt rules not inconsistent with the provisions of 12 Code of Federal Regulations, Section 1022.1 et seq., as amended; 16 Code of Federal Regulations, Section 681.1 et seq.; and 16 Code of Federal Regulations, Section 682.1 et seq. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2013, c. 228, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 228, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 209-B: FAIR CREDIT REPORTING ACT › 10 §1310-B. Criminal violations

§1310-B. Criminal violations
1.  Obtaining information under false pretenses.
A person who knowingly and intentionally obtains information on a consumer from a consumer reporting agency under false pretenses commits a Class D crime.
[PL 2013, c. 228, §1 (NEW).]
2.  Unauthorized provision of information.
An officer or employee of a consumer reporting agency who knowingly and intentionally provides information concerning an individual from the agency's files to a person not authorized to receive that information commits a Class D crime.
[PL 2013, c. 228, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 228, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 209-B: FAIR CREDIT REPORTING ACT › 10 §1310-C. Civil liability for willful noncompliance

§1310-C. Civil liability for willful noncompliance
A consumer reporting agency or user of information that willfully and knowingly fails to comply with a requirement imposed under this chapter with respect to a consumer is liable to that consumer for and the court may award an amount equal to the sum of:   [PL 2013, c. 228, §1 (NEW).]
1.  Actual damages.
Actual damages sustained by the consumer as a result of the failure;
[PL 2013, c. 228, §1 (NEW).]
2.  Treble damages.
An amount equal to 3 times the actual damages according to subsection 1; and
[PL 2013, c. 228, §1 (NEW).]
3.  Costs and attorney's fees.
In the case of a successful action to enforce a liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.
[PL 2013, c. 228, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 228, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 209-B: FAIR CREDIT REPORTING ACT › 10 §1310-D. Civil liability for negligent noncompliance

§1310-D. Civil liability for negligent noncompliance
A consumer reporting agency or user of information that is negligent in failing to comply with a requirement imposed under this chapter with respect to a consumer is liable to that consumer in an amount equal to the sum of:   [PL 2013, c. 228, §1 (NEW).]
1.  Actual damages.
Actual damages sustained by the consumer as a result of the failure;
[PL 2013, c. 228, §1 (NEW).]
2.  Additional damages.
Such amount of additional damages as the court may allow, but not less than $100 for each violation of this chapter involving negligence, and for each consumer report containing any item of information that was inaccurate and that contributed in whole or in part to the decision to take adverse action against the consumer; and
[PL 2013, c. 228, §1 (NEW).]
3.  Costs and attorney's fees.
In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.
[PL 2013, c. 228, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 228, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 209-B: FAIR CREDIT REPORTING ACT › 10 §1310-E. Jurisdiction of courts; limitation of actions

§1310-E. Jurisdiction of courts; limitation of actions
An action to enforce liability created under this chapter may be brought in any court of competent jurisdiction within 2 years from the date on which the liability arises, except that when a defendant has materially and willfully misrepresented any information required under this chapter to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this chapter, the action may be brought at any time within 2 years after the discovery by the individual of the misrepresentation.   [PL 2013, c. 228, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 228, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 209-B: FAIR CREDIT REPORTING ACT › 10 §1310-F. Relation to other laws and the powers of the Superintendent of Financial Institutions

§1310-F. Relation to other laws and the powers of the Superintendent of Financial Institutions
This chapter does not limit the obligations of a supervised financial organization to comply with other state and federal laws to which the supervised financial organization is subject, or the authority of the Superintendent of Financial Institutions conferred by Title 9‑B, including the authority to examine and supervise a supervised financial organization to ensure compliance with state and federal laws and regulations as set forth in Title 9‑B, section 211, subsection 3.   [PL 2013, c. 228, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 228, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 209-B: FAIR CREDIT REPORTING ACT › 10 §1310-G. Enforcement powers in addition to those in federal law

§1310-G. Enforcement powers in addition to those in federal law
The enforcement powers of the administrator under this chapter are in addition to the State's enforcement powers authorized under federal law.   [PL 2013, c. 228, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 228, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1311. Short title (REPEALED)

§1311. Short title
(REPEALED)
SECTION HISTORY
PL 1977, c. 514 (NEW). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1311-A. Statement of purpose (REPEALED)

§1311-A. Statement of purpose
(REPEALED)
SECTION HISTORY
PL 1981, c. 610, §1 (NEW). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1312. Definitions (REPEALED)

§1312. Definitions
(REPEALED)
SECTION HISTORY
PL 1977, c. 514 (NEW). PL 1977, c. 677, §§1-3 (AMD). PL 1979, c. 541, §B10 (AMD). PL 1979, c. 636, §1 (AMD). PL 1981, c. 501, §82 (AMD). PL 1981, c. 610, §§2-4 (AMD). PL 1995, c. 309, §§18, 19 (AMD). PL 1995, c. 309, §29 (AFF). PL 1997, c. 66, §7 (AMD). PL 1997, c. 155, Pt. B, §§1-4 (AMD). PL 1997, c. 155, Pt. B, §13 (AFF). PL 1999, c. 184, §10 (AMD). PL 2005, c. 243, §§1, 2 (AMD). PL 2005, c. 243, §4 (AFF). PL 2007, c. 273, Pt. B, §6 (REV). PL 2007, c. 273, Pt. B, §7 (AFF). PL 2007, c. 695, Pt. A, §47 (AFF). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1313. Permissible purposes of consumer reports (REPEALED)

§1313. Permissible purposes of consumer reports
(REPEALED)
SECTION HISTORY
PL 1977, c. 514, §14 (NEW). PL 1981, c. 610, §5 (RPR). PL 1997, c. 155, §B5 (RP). PL 1997, c. 155, §B13 (AFF).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1313-A. Permissible purposes of credit reports (REPEALED)

§1313-A. Permissible purposes of credit reports
(REPEALED)
SECTION HISTORY
PL 1997, c. 155, §B6 (NEW). PL 1997, c. 155, §B13 (AFF). PL 2001, c. 371, §§7-11 (AMD). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1313-B. Requirements relating to information contained in consumer reports (REPEALED)

§1313-B. Requirements relating to information contained in consumer reports
(REPEALED)
SECTION HISTORY
PL 2001, c. 371, §12 (NEW). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1313-C. Security freeze by consumer reporting agency; time in effect (REPEALED)

§1313-C. Security freeze by consumer reporting agency; time in effect
(REPEALED)
SECTION HISTORY
PL 2005, c. 243, §3 (NEW). PL 2005, c. 243, §4 (AFF). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1313-D. Duties of consumer reporting agency if security freeze is in place (REPEALED)

§1313-D. Duties of consumer reporting agency if security freeze is in place
(REPEALED)
SECTION HISTORY
PL 2005, c. 243, §3 (NEW). PL 2005, c. 243, §4 (AFF). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1313-E. Persons not required to place security freeze (REPEALED)

§1313-E. Persons not required to place security freeze
(REPEALED)
SECTION HISTORY
PL 2005, c. 243, §3 (NEW). PL 2005, c. 243, §4 (AFF). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1314. Preparation and procurement of investigative consumer reports (REPEALED)

§1314. Preparation and procurement of investigative consumer reports
(REPEALED)
SECTION HISTORY
PL 1977, c. 514 (NEW). PL 1977, c. 677, §4 (RPR). PL 1981, c. 610, §§6,7 (AMD). RR 2009, c. 2, §11 (COR). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1315. Disclosures to consumers (REPEALED)

§1315. Disclosures to consumers
(REPEALED)
SECTION HISTORY
PL 1977, c. 514 (NEW). PL 1977, c. 677, §5 (AMD). PL 1979, c. 127, §59 (AMD). PL 2003, c. 118, §1 (AMD). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1316. Methods and conditions of disclosure to consumers (REPEALED)

§1316. Methods and conditions of disclosure to consumers
(REPEALED)
SECTION HISTORY
PL 1977, c. 514 (NEW). PL 1977, c. 677, §6 (AMD). PL 1985, c. 140, §§1,2 (AMD). PL 1987, c. 306, §1 (AMD). PL 1991, c. 453, §1 (AMD). PL 1991, c. 453, §10 (AFF). PL 1997, c. 155, §B7 (AMD). PL 1997, c. 155, §B13 (AFF). PL 2003, c. 118, §§2,3 (AMD). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1317. Procedure for correcting inaccurate information (REPEALED)

§1317. Procedure for correcting inaccurate information
(REPEALED)
SECTION HISTORY
PL 1977, c. 514 (NEW). PL 1977, c. 677, §7 (AMD). PL 1979, c. 127, §§60,61 (AMD). PL 1981, c. 610, §8 (AMD). PL 1987, c. 306, §2 (AMD). PL 1991, c. 453, §10 (AFF). PL 1991, c. 453, §§2,3 (AMD). PL 2005, c. 494, §1 (AMD). RR 2009, c. 2, §12 (COR). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1318. Public record information for employment purposes (REPEALED)

§1318. Public record information for employment purposes
(REPEALED)
SECTION HISTORY
PL 1977, c. 514 (NEW). PL 1977, c. 677, §8 (AMD). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1319. Restrictions on investigative consumer reports (REPEALED)

§1319. Restrictions on investigative consumer reports
(REPEALED)
SECTION HISTORY
PL 1977, c. 514 (NEW). PL 1977, c. 677, §9 (AMD). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1320. Requirements on users of consumer reports (REPEALED)

§1320. Requirements on users of consumer reports
(REPEALED)
SECTION HISTORY
PL 1977, c. 514 (NEW). PL 1977, c. 677, §10 (AMD). PL 1981, c. 610, §§9-11 (AMD). PL 1985, c. 79 (AMD). PL 1991, c. 453, §§4,5 (AMD). PL 1991, c. 453, §10 (AFF). PL 1993, c. 365, §1 (AMD). PL 1993, c. 505, §1 (AMD). PL 1997, c. 155, §§B8,9 (AMD). PL 1997, c. 155, §B13 (AFF). RR 1999, c. 2, §§11,12 (COR). PL 1999, c. 150, §9 (AMD). PL 1999, c. 184, §11 (AMD). PL 1999, c. 510, §2 (AMD). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1320-A. Responsibilities of persons who furnish information to consumer reporting agencies (REPEALED)

§1320-A. Responsibilities of persons who furnish information to consumer reporting agencies
(REPEALED)
SECTION HISTORY
PL 1997, c. 155, §B10 (NEW). PL 1997, c. 155, §B13 (AFF). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1321. Prohibited information, accuracy of information in reports (REPEALED)

§1321. Prohibited information, accuracy of information in reports
(REPEALED)
SECTION HISTORY
PL 1977, c. 514 (NEW). PL 1977, c. 677, §§11,12 (AMD). PL 1981, c. 610, §12 (RPR). PL 1997, c. 155, §B11 (AMD). PL 1997, c. 155, §B13 (AFF). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1322. Civil liability for willful noncompliance (REPEALED)

§1322. Civil liability for willful noncompliance
(REPEALED)
SECTION HISTORY
PL 1977, c. 514 (NEW). RR 2009, c. 2, §13 (COR). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1323. Civil liability for negligent noncompliance (REPEALED)

§1323. Civil liability for negligent noncompliance
(REPEALED)
SECTION HISTORY
PL 1977, c. 514 (NEW). PL 1977, c. 677, §13 (AMD). PL 1981, c. 610, §13 (AMD). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1324. Jurisdiction of courts; limitation of actions (REPEALED)

§1324. Jurisdiction of courts; limitation of actions
(REPEALED)
SECTION HISTORY
PL 1977, c. 514 (NEW). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1325. Obtaining information under false pretenses (REPEALED)

§1325. Obtaining information under false pretenses
(REPEALED)
SECTION HISTORY
PL 1977, c. 514 (NEW). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1326. Unauthorized disclosures by officers or employees (REPEALED)

§1326. Unauthorized disclosures by officers or employees
(REPEALED)
SECTION HISTORY
PL 1977, c. 514 (NEW). PL 1977, c. 677, §14 (AMD). PL 1997, c. 155, §B12 (AMD). PL 1997, c. 155, §B13 (AFF). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1327. Merchant harassment (REPEALED)

§1327. Merchant harassment
(REPEALED)
SECTION HISTORY
PL 1977, c. 514 (NEW). PL 1979, c. 541, §B11 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1328. Administrative enforcement (REPEALED)

§1328. Administrative enforcement
(REPEALED)
SECTION HISTORY
PL 1979, c. 636, §2 (NEW). PL 1989, c. 502, §A29 (AMD). PL 1991, c. 453, §§6,7 (AMD). PL 1991, c. 453, §10 (AFF). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1328-A. Enforcement; financial institutions (REPEALED)

§1328-A. Enforcement; financial institutions
(REPEALED)
SECTION HISTORY
PL 1995, c. 309, §20 (NEW). PL 1995, c. 309, §29 (AFF). PL 2001, c. 44, §11 (AMD). PL 2001, c. 44, §14 (AFF). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1329. Reporting of child support debts (REPEALED)

§1329. Reporting of child support debts
(REPEALED)
SECTION HISTORY
PL 1985, c. 652, §1 (NEW). PL 2003, c. 689, §B6 (REV). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210: FAIR CREDIT REPORTING ACT › 10 §1330. Solicitation using prescreened trigger lead information from consumer report (REPEALED)

§1330. Solicitation using prescreened trigger lead information from consumer report
(REPEALED)
SECTION HISTORY
PL 2007, c. 273, Pt. A, §34 (NEW). PL 2007, c. 273, Pt. A, §41 (AFF). PL 2013, c. 228, §2 (RP).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210-A: SALES REPRESENTATIVE COMMISSION CONTRACTS › 10 §1341. Definitions

§1341. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1991, c. 296 (NEW).]
1.  Commissions.
"Commissions" means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the amount of orders or sales.
[PL 1991, c. 296 (NEW).]
2.  Principal.
"Principal" means a person, partnership, corporation or other business entity that does not have a permanent or fixed place of business in this State and that:
A. Manufactures, produces, imports or distributes a product for wholesale;   [PL 1991, c. 296 (NEW).]
B. Contracts with sales representatives to solicit orders for the product; and   [PL 1991, c. 296 (NEW).]
C. Compensates the sales representative, in whole or in part, by commission.   [PL 1991, c. 296 (NEW).]
[PL 1991, c. 296 (NEW).]
3.  Sales representative.
"Sales representative" means a person who:
A. Contracts with a principal to solicit orders for the purchase at wholesale of the principal's product;   [PL 1991, c. 296 (NEW).]
B. Is compensated, in whole or in part, by commission; and   [PL 1991, c. 296 (NEW).]
C. Does not place orders or purchase for that person's own account or for resale.   [PL 1991, c. 296 (NEW).]
[PL 1991, c. 296 (NEW).]
SECTION HISTORY
PL 1991, c. 296 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210-A: SALES REPRESENTATIVE COMMISSION CONTRACTS › 10 §1342. Notice of termination

§1342. Notice of termination
Unless a contract between a sales representative and a principal provides otherwise, a party terminating the contract must give the other party 14 days' written notice of the termination.   [PL 1991, c. 296 (NEW).]
SECTION HISTORY
PL 1991, c. 296 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210-A: SALES REPRESENTATIVE COMMISSION CONTRACTS › 10 §1343. Contract

§1343. Contract
If a contract between a sales representative and a principal is terminated, the principal shall pay to the sales representative all commissions accrued under the contract within 30 days after the effective date of that termination. Any provision of any contract between a sales representative and a principal that purports to waive any provision of this chapter is void.   [PL 1991, c. 296 (NEW).]
SECTION HISTORY
PL 1991, c. 296 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210-A: SALES REPRESENTATIVE COMMISSION CONTRACTS › 10 §1344. Civil liability

§1344. Civil liability
1.  Principal liability.
A principal who fails to comply with the provisions of section 1343 is liable to the sales representative in a civil action for exemplary damages in an amount that does not exceed 3 times the amount of commissions due the sales representative, plus reasonable attorney's fees and costs.
[PL 1991, c. 296 (NEW).]
2.  Frivolous action.
When the court determines that an action brought by a sales representative against a principal under this chapter is frivolous, the sales representative is liable to the principal for attorney's fees actually and reasonably incurred by the principal in defending the action and court costs.
[PL 1991, c. 296 (NEW).]
3.  Other remedies.
Nothing in this chapter invalidates or restricts any other right or remedy available to a sales representative, or precludes a sales representative from seeking to recover in one action on all claims against a principal.
[PL 1991, c. 296 (NEW).]
4.  Jurisdiction.
A principal who is not a resident of this State that contracts with a sales representative to solicit orders in this State is declared to be transacting business in this State for purposes of the exercise of personal jurisdiction over nonresidents under Title 14, section 704‑A.
[PL 2001, c. 667, Pt. A, §6 (AMD).]
SECTION HISTORY
PL 1991, c. 296 (NEW). PL 2001, c. 667, §A6 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210-B: NOTICE OF RISK TO PERSONAL DATA › 10 §1346. Short title

§1346. Short title
This chapter may be known and cited as "the Notice of Risk to Personal Data Act."   [PL 2005, c. 379, §1 (NEW); PL 2005, c. 379, §4 (AFF).]
SECTION HISTORY
PL 2005, c. 379, §1 (NEW). PL 2005, c. 379, §4 (AFF).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210-B: NOTICE OF RISK TO PERSONAL DATA › 10 §1347-A. Release or use of personal information prohibited

§1347-A. Release or use of personal information prohibited
It is a violation of this chapter for an unauthorized person to release or use an individual's personal information acquired through a security breach.   [PL 2009, c. 161, §2 (NEW); PL 2009, c. 161, §5 (AFF).]
SECTION HISTORY
PL 2009, c. 161, §2 (NEW). PL 2009, c. 161, §5 (AFF).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210-B: NOTICE OF RISK TO PERSONAL DATA › 10 §1349. Enforcement; penalties

§1349. Enforcement; penalties
1.  Enforcement.
The appropriate state regulators within the Department of Professional and Financial Regulation shall enforce this chapter for any person that is licensed or regulated by those regulators. The Attorney General shall enforce this chapter for all other persons.
[PL 2005, c. 583, §10 (AMD); PL 2005, c. 583, §14 (AFF).]
2.  Civil violation.
A person that violates this chapter commits a civil violation and is subject to one or more of the following:
A. A fine of not more than $500 per violation, up to a maximum of $2,500 for each day the person is in violation of this chapter, except that this paragraph does not apply to State Government, municipalities, school administrative units, the University of Maine System, the Maine Community College System or Maine Maritime Academy;   [PL 2019, c. 512, §3 (AMD).]
B. Equitable relief; or   [PL 2005, c. 379, §1 (NEW); PL 2005, c. 379, §4 (AFF).]
C. Enjoinment from further violations of this chapter.   [PL 2005, c. 379, §1 (NEW); PL 2005, c. 379, §4 (AFF).]
[PL 2019, c. 512, §3 (AMD).]
3.  Cumulative effect.
The rights and remedies available under this section are cumulative and do not affect or prevent rights and remedies available under federal or state law.
[PL 2005, c. 379, §1 (NEW); PL 2005, c. 379, §4 (AFF).]
4.  Exceptions.
A person that complies with the security breach notification requirements of rules, regulations, procedures or guidelines established pursuant to federal law or the law of this State is deemed to be in compliance with the requirements of section 1348 as long as the law, rules, regulations or guidelines provide for notification procedures at least as protective as the notification requirements of section 1348.
[PL 2009, c. 161, §4 (AMD); PL 2009, c. 161, §5 (AFF).]
SECTION HISTORY
PL 2005, c. 379, §1 (NEW). PL 2005, c. 379, §4 (AFF). PL 2005, c. 583, §§10-12 (AMD). PL 2005, c. 583, §14 (AFF). PL 2009, c. 161, §4 (AMD). PL 2009, c. 161, §5 (AFF). PL 2019, c. 512, §3 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210-B: NOTICE OF RISK TO PERSONAL DATA › 10 §1350-A. Rules; education and compliance

§1350-A. Rules; education and compliance
The following provisions govern rules and education and compliance.   [PL 2005, c. 583, §13 (NEW); PL 2005, c. 583, §14 (AFF).]
1.  Rules.
With respect to persons under the jurisdiction of the regulatory agencies of the Department of Professional and Financial Regulation, the appropriate state regulators within that department may adopt rules as necessary for the administration and implementation of this chapter. With respect to all other persons, the Attorney General may adopt rules as necessary for the administration and implementation of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2005, c. 583, §13 (NEW); PL 2005, c. 583, §14 (AFF).]
2.  Education and compliance.
The appropriate state regulators within the Department of Professional and Financial Regulation shall undertake reasonable efforts to inform persons under the department's jurisdiction of their responsibilities under this chapter. With respect to all other persons, the Attorney General shall undertake reasonable efforts to inform such persons of their responsibilities under this chapter.
[PL 2005, c. 583, §13 (NEW); PL 2005, c. 583, §14 (AFF).]
SECTION HISTORY
PL 2005, c. 583, §13 (NEW). PL 2005, c. 583, §14 (AFF).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 210-B: NOTICE OF RISK TO PERSONAL DATA › 10 §1350-B. Reporting of identity theft; mandatory police report and possible investigation

§1350-B. Reporting of identity theft; mandatory police report and possible investigation
A person who knows or reasonably believes that the person's personal information has been misused in violation of Title 17‑A, section 905‑A may report the misuse and obtain a police report by contacting the local law enforcement agency that has jurisdiction over the person's actual residence or place of business. That law enforcement agency shall make a police report of the matter and provide the complainant with a copy of that report. At its discretion, the law enforcement agency may undertake an investigation of the matter or refer it to another law enforcement agency. If the suspected crime was committed in a jurisdiction outside of the State, the local law enforcement agency shall refer the report to the law enforcement agency where the suspected crime was committed.   [PL 2007, c. 634, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 634, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 211: INSOLVENT LAW › 10 §1351. Insolvent law

§1351. Insolvent law
Revisor's Note: In accordance with the provisions of chapter 181 of the resolves of 1953 for the revision of statutes, chapter 162 of the Revised Statutes of 1954, entitled "The Insolvent Law", was incorporated and printed by title only. It is similarly incorporated herein and may be cited as 10 MRSA 1351. The laws relating to insolvency may be found in chapter 72 of the Revised Statutes of 1903, as amended by chapter 90 of the Public Laws of 1923, chapter 76 of the Public Laws of 1927 and chapter 149 of the Revised Statutes of 1944.
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 211-A: FRANCHISE LAWS FOR POWER EQUIPMENT, MACHINERY AND APPLIANCES › 10 §1362. Civil remedies

§1362. Civil remedies
A dealer, distributor or franchisee who has been damaged by violation of this chapter may bring an action to enjoin the violation and to recover damages arising from the violation. A final judgment, order or decree rendered against a person in a civil, criminal or administrative proceeding under the federal antitrust laws, the Federal Trade Commission Act, this chapter or any other state law is regarded as prima facie evidence against that person, subject to the conditions under the federal antitrust laws, 15 United States Code, Section 16.   [PL 1993, c. 195, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 195, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 211-A: FRANCHISE LAWS FOR POWER EQUIPMENT, MACHINERY AND APPLIANCES › 10 §1364. Agreements subject to this chapter

§1364. Agreements subject to this chapter
Written or oral agreements between a manufacturer and a distributor or dealer, including but not limited to franchise offerings, franchise agreements, agreements for sales of goods, advertising, leases or mortgages of goods, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts and all other agreements in which the manufacturer has a direct or indirect interest, are subject to this chapter.   [PL 1993, c. 195, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 195, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 211-A: FRANCHISE LAWS FOR POWER EQUIPMENT, MACHINERY AND APPLIANCES › 10 §1365. Franchise interest; vested rights

§1365. Franchise interest; vested rights
Notwithstanding any other provision of law, it is unlawful for the manufacturer or franchisor, without due cause, to terminate a franchise or to fail to renew a franchise on terms then equally available to all its distributors or dealers.   [PL 1993, c. 195, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 195, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 211-A: FRANCHISE LAWS FOR POWER EQUIPMENT, MACHINERY AND APPLIANCES › 10 §1366. Notice form, delivery and content

§1366. Notice form, delivery and content
All notices of termination or nonrenewal required by this chapter must:   [PL 1993, c. 195, §1 (NEW).]
1.  Delivery.
Be sent by registered, certified or other receipted mail, delivered by telegram or personally delivered to the distributor or dealer; and
[PL 1993, c. 195, §1 (NEW).]
2.  Statement of intent.
Contain a statement of intent to terminate or not renew the franchise together with the reasons for termination or nonrenewal and the effective date of the termination, nonrenewal or expiration.
[PL 1993, c. 195, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 195, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 211-A: FRANCHISE LAWS FOR POWER EQUIPMENT, MACHINERY AND APPLIANCES › 10 §1367. Manufacturer's warranty obligations

§1367. Manufacturer's warranty obligations
A manufacturer shall honor, in a timely fashion, an obligation to dealers or distributors to replace goods, reimburse or pay costs and expenses or provide services arising as a result of a warranty, franchise agreement or other agreement subject to this chapter.   [PL 1993, c. 195, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 195, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 211-A: FRANCHISE LAWS FOR POWER EQUIPMENT, MACHINERY AND APPLIANCES › 10 §1368. Public policy

§1368. Public policy
A contract or part of a contract or activity undertaken pursuant to a contract in violation of this chapter is deemed against public policy and is void and unenforceable.   [PL 1993, c. 195, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 195, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 211-A: FRANCHISE LAWS FOR POWER EQUIPMENT, MACHINERY AND APPLIANCES › 10 §1369. Statute of limitation

§1369. Statute of limitation
Actions arising out of any provision of this chapter must be commenced within 2 years after the cause of action accrues; however, if a person liable under this chapter conceals the cause of action from the person entitled to bring that action, the period prior to the discovery of that cause of action is excluded in determining the time allowed for commencement of the action. If a cause of action accrues during the pendency of a civil, criminal or administrative proceeding against a person brought by the Federal Government or any of its agencies under the antitrust laws, the Federal Trade Commission Act or any other federal act, or the laws of the State related to antitrust laws or to franchising, that action may be commenced within one year after the final disposition of the civil, criminal or administrative proceeding.   [PL 1993, c. 195, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 195, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 211-A: FRANCHISE LAWS FOR POWER EQUIPMENT, MACHINERY AND APPLIANCES › 10 §1370. Penalty

§1370. Penalty
Violation of this chapter constitutes an unfair trade practice under the Maine Unfair Trade Practices Act, Title 5, chapter 10.   [PL 1993, c. 195, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 195, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 212: SELF-SERVICE STORAGE ACT › 10 §1371. Short title

§1371. Short title
This Act shall be known and may be cited as the "Maine Self-service Storage Act."   [PL 1989, c. 62 (NEW).]
SECTION HISTORY
PL 1989, c. 62 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 212: SELF-SERVICE STORAGE ACT › 10 §1373. Restrictions of use

§1373. Restrictions of use
1.  Operator not to permit use for residential purposes.
An operator may not knowingly permit a leased space at a self-service storage facility to be used for residential purposes.
[PL 1989, c. 62 (NEW).]
2.  Occupant not to use for residential purposes.
An occupant may not use a leased space for residential purposes.
[PL 1989, c. 62 (NEW).]
3.  Occupant not to store certain goods.
An occupant is prohibited from storing goods that have a dangerous, harmful, offensive or noxious impact on the self-service storage facility or its surroundings or are a nuisance to self-service storage facility occupants, the operator or operator's employees.
A. If the operator has reason to believe that an occupant is storing goods that have resulted in a condition described in this subsection, the operator may remove and dispose of the goods thus causing that condition.   [PL 1989, c. 62 (NEW).]
B. Before disposing of goods under this subsection, the operator shall:
(1) Notify the occupant of the condition by regular mail at the occupant's last known address or other address set forth by the occupant in the rental agreement;
(2) Inspect the leased space at least 7 days following the notice to the occupant; and
(3) Determine whether a condition described in this subsection exists.   [PL 1989, c. 62 (NEW).]
C. Notwithstanding paragraph B, an operator may immediately dispose of goods under this section if they constitute a threat to health, safety or welfare. The operator shall immediately notify the occupant of this action following the procedures of paragraph B, subparagraph (1).   [PL 1989, c. 62 (NEW).]
[PL 1989, c. 62 (NEW).]
SECTION HISTORY
PL 1989, c. 62 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 212: SELF-SERVICE STORAGE ACT › 10 §1374. Lien

§1374. Lien
1.  Lien created.
The operator of a self-service storage facility has a lien on all personal property stored within each leased space for rent, labor or other charges, and for expenses reasonably incurred in its sale, as provided in this Act. The lien attaches as of the date the occupant leases the space.
[PL 2011, c. 376, §5 (AMD).]
2.  Statement in rental agreement.
The rental agreement must contain a statement, in bold type, advising the occupant:
A. Of the existence of the lien;   [PL 1989, c. 62 (NEW).]
B. That property stored in the leased space may be sold to satisfy the lien if the occupant is in default; and   [PL 1989, c. 62 (NEW).]
C. That a sale shall be held at the self-service storage facility where the personal property is stored or at the nearest suitable location.   [PL 1989, c. 62 (NEW).]
[PL 1989, c. 62 (NEW).]
SECTION HISTORY
PL 1989, c. 62 (NEW). PL 2011, c. 376, §5 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 212: SELF-SERVICE STORAGE ACT › 10 §1376. Late fees

§1376. Late fees
1.  Imposition of late fee.
An operator may impose a reasonable late fee in accordance with this section for each service period that an occupant does not pay rent when due, as long as the due date for the rental payment is not earlier than the day before the first day of the service period to which the rental payment applies. A late fee may not be imposed if the occupant makes a rental payment in full by the 3rd day after the due date.
[PL 2003, c. 274, §2 (NEW).]
2.  Conditions in writing.
An operator may not impose a late fee unless the amount of that fee and the conditions for imposing that fee are stated in 12-point type in a written rental agreement or an addendum to that agreement.
[PL 2003, c. 274, §2 (NEW).]
3.  Permissible late fees.
A late fee of $20 for each late rental payment or 20% of the amount of each rental payment, whichever is greater, is reasonable and does not constitute a penalty.
[PL 2003, c. 274, §2 (NEW).]
4.  Recovery of reasonable expenses.
An operator may recover from the occupant any reasonable expense incurred in rent collection or lien enforcement in addition to the late fee permitted by subsection 1.
[PL 2003, c. 274, §2 (NEW).]
SECTION HISTORY
PL 2003, c. 274, §2 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 212: SELF-SERVICE STORAGE ACT › 10 §1377. Effects of violations

§1377. Effects of violations
It is a violation of the Maine Unfair Trade Practices Act if:   [PL 2009, c. 525, §9 (NEW).]
1.  Occupant fails to take measures to protect personal information.
An occupant fails to take appropriate measures to protect personal information of clients, customers or others with whom the occupant does business;
[PL 2009, c. 525, §9 (NEW).]
2.  Purchaser fails to return personal information.
A purchaser of any personal property under this Act intentionally fails to return to the operator any personal information of clients, customers or others with whom the occupant does business; and
[PL 2009, c. 525, §9 (NEW).]
3.  Operator conducts lien sale of personal information.
An operator has a reasonable belief that a leased space contains personal information relating to clients, customers or others with whom the occupant does business and nonetheless intentionally conducts a lien sale of personal information relating to clients, customers or others with whom the occupant does business.
[PL 2009, c. 525, §9 (NEW).]
SECTION HISTORY
PL 2009, c. 525, §9 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 212: SELF-SERVICE STORAGE ACT › 10 §1378. Abandonment

§1378. Abandonment
In the case of an abandoned leased space, the operator has the right to immediately take possession of the leased space and dispose of any personal property in the leased space by any means at the operator's discretion.   [PL 2011, c. 376, §12 (NEW).]
SECTION HISTORY
PL 2011, c. 376, §12 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 212-A: MAINE MARINA AND BOATYARD STORAGE ACT › 10 §1381. Short title

§1381. Short title
This Act may be known and cited as the "Maine Marina and Boatyard Storage Act."   [PL 1993, c. 263, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 263, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 212-A: MAINE MARINA AND BOATYARD STORAGE ACT › 10 §1382. Definitions

§1382. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1993, c. 263, §1 (NEW).]
1.  Default.
"Default" means the failure to pay obligations incurred by the storage of a boat, boat motor or boat trailer.
[PL 1993, c. 263, §1 (NEW).]
2.  Facility.
"Facility" means a marina, boatyard or marine repair facility that provides, as part of its commercial operation, the storage of boats, boat motors or boat trailers.
[PL 1993, c. 263, §1 (NEW).]
3.  Lienholder.
"Lienholder" or "lienholder of record" means a person who claims an interest in or lien on the property pursuant to a financing statement filed with the Secretary of State or other public filing.
[PL 1993, c. 263, §1 (NEW).]
4.  Property.
"Property" means a boat, boat motor or boat trailer in storage at a facility.
[PL 1993, c. 263, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 263, §1 (NEW).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 212-A: MAINE MARINA AND BOATYARD STORAGE ACT › 10 §1383. Lien

§1383. Lien
1.  Lien created.
A facility owner has a lien on property stored at that facility for rent, labor or other charges and for expenses reasonably incurred in the sale of that property under the provisions of this chapter.
[PL 1993, c. 263, §1 (NEW).]
2.  Exclusion.
This chapter does not create a lien on a documented vessel subject to a preferred ship mortgage or other preferred maritime lien pursuant to 46 United States Code, Chapter 313.
[PL 2011, c. 691, Pt. A, §2 (AMD).]
SECTION HISTORY
PL 1993, c. 263, §1 (NEW). PL 2011, c. 691, Pt. A, §2 (AMD).
2023 Maine Revised Statutes › TITLE 10: COMMERCE AND TRADE › Part 3: REGULATION OF TRADE › Chapter 212-A: MAINE MARINA AND BOATYARD STORAGE ACT › 10 §1384. Notice of lien

§1384. Notice of lien
A property owner must be notified of the lien created by this chapter before enforcement of the lien by a facility owner. Notification of the lien created by this chapter is satisfied by:   [PL 1993, c. 263, §1 (NEW).]
1.  Written storage agreement.
A written storage agreement signed by the property owner that includes a notice of the lien created by this chapter; or
[PL 1993, c. 263, §1 (NEW).]
2.  Written notice of lien.
Written notification of the lien sent by the facility owner to the property owner.
[PL 1993, c. 263, §1 (NEW).]
A facility owner who does not have a written storage agreement that includes a notice of the lien created by this chapter may not initiate an enforcement action under section 1385 until 30 days after the written notice of a lien required by subsection 2 is delivered to the property owner.   [PL 1993, c. 263, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 263, §1 (NEW).