reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 2: DEBT COLLECTION ACTIVITIES › 32 §11011. Acquisition of location information

§11011. Acquisition of location information
1.  Communication with person other than consumer.
Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall:
A. Identify himself; state that he is confirming or correcting location information concerning the consumer; and, only if expressly requested, identify his employer;   [PL 1985, c. 702, §2 (NEW).]
B. Not state that the consumer owes any debt;   [PL 1985, c. 702, §2 (NEW).]
C. Not communicate with any such person more than once, unless requested to do so by that person or unless the debt collector reasonably believes that the earlier response of that person is erroneous or incomplete and that the person now has correct or complete location information;   [PL 1985, c. 702, §2 (NEW).]
D. Not communicate by postcard;   [PL 1985, c. 702, §2 (NEW).]
E. Not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and   [PL 1985, c. 702, §2 (NEW).]
F. After the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, that attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector.   [PL 1985, c. 702, §2 (NEW).]
[PL 1985, c. 702, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 702, §2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 2: DEBT COLLECTION ACTIVITIES › 32 §11014. Validation of debts

§11014. Validation of debts
1.  Written notice.
Within 5 days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing:
A. The amount of the debt;   [PL 1985, c. 702, §2 (NEW).]
B. The name of the creditor to whom the debt is owed;   [PL 1985, c. 702, §2 (NEW).]
C. A statement that unless the consumer, within 30 days after receipt of the notice, disputes the validity of the debt or any portion of the debt, the debt will be assumed to be valid by the debt collector;   [PL 1985, c. 702, §2 (NEW).]
D. A statement that if the consumer notifies the debt collector in writing within the 30-day period that the debt, or any portion of the debt, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of the verification or judgment will be mailed to the consumer by the debt collector; and   [PL 1985, c. 702, §2 (NEW).]
E. A statement that, upon the consumer's written request within the 30-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.   [PL 1985, c. 702, §2 (NEW).]
[PL 1985, c. 702, §2 (NEW).]
2.  Cease collection.
If the consumer notifies the debt collector in writing within the 30-day period described in subsection 1 that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt or any disputed portion of the debt, until the debt collector obtains verification of the debt or a copy of the judgment, or the name and address of the original creditor, and a copy of the verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
[PL 1985, c. 702, §2 (NEW).]
2-A.  Economic abuse.
If the consumer provides documentation to the debt collector as set forth in Title 14, section 6001, subsection 6, paragraph H that the debt or any portion of the debt is the result of economic abuse as defined in Title 19‑A, section 4002, subsection 3‑B, the debt collector shall cease collection of the debt or any disputed portion of the debt owed by the consumer subjected to economic abuse.
[PL 2019, c. 407, §5 (NEW).]
3.  Liability.
The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
[PL 1985, c. 702, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 702, §2 (NEW). PL 2019, c. 407, §5 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 2: DEBT COLLECTION ACTIVITIES › 32 §11015. Multiple debts

§11015. Multiple debts
If any consumer owes multiple debts and makes any single payment to any debt collector with respect to the debts, the debt collector may not apply that payment to any debt which is disputed by the consumer and, where applicable, shall apply that payment in accordance with the consumer's directions.   [PL 1985, c. 702, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 702, §2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 2: DEBT COLLECTION ACTIVITIES › 32 §11016. Furnishing certain deceptive forms

§11016. Furnishing certain deceptive forms
1.  Unlawful activity.
It is unlawful to design, compile and furnish any form knowing that the form would be used to create the false belief in a consumer that a person other than the creditor of the consumer is participating in the collection of or in an attempt to collect a debt the consumer allegedly owed the creditor, when in fact that person is not so participating.
[PL 1985, c. 702, §2 (NEW).]
2.  Extent of liability.
Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 11054 for failure to comply with a provision of this Act.
[PL 1985, c. 702, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 702, §2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 2: DEBT COLLECTION ACTIVITIES › 32 §11017. Repossession activity

§11017. Repossession activity
1.  Right to take possession after default.
Except in the case of a residential real estate property preservation provider, a debt collector acting on behalf of a creditor may take possession of collateral only if possession can be taken without entry into a dwelling, unless that entry has been authorized after default and without the use of force or other breach of the peace.
[PL 2013, c. 521, Pt. E, §3 (AMD).]
2.  Return of private property.
Except in the case of a residential real estate property preservation provider, a debt collector shall inventory any unsecured property taken with repossessed collateral and immediately notify the consumer that the property will be made available in a manner convenient to the consumer.
[PL 2013, c. 521, Pt. E, §3 (AMD).]
3.  Special treatment for necessary medical device or equipment in a repossessed vehicle.
A consumer who has unsecured property taken when a vehicle is repossessed pursuant to Title 29‑A, section 665, subsection 6 may have that property returned by complying with this subsection.
The consumer shall notify the debt collector that:
A. Unsecured property was taken with a repossessed vehicle;   [PL 2009, c. 45, §2 (NEW).]
B. The unsecured property includes a medical device or equipment necessary for health or welfare; and   [PL 2009, c. 45, §2 (NEW).]
C. The consumer does not have practicable means to retrieve the medical device or equipment.   [PL 2009, c. 45, §2 (NEW).]
If the consumer makes a reasonable request for the return of the medical device or equipment, the debt collector shall arrange to have the medical equipment or device promptly returned to the consumer. If the debt collector incurs expenses in actually returning the medical device or equipment to the consumer, those reasonable expenses are considered a reasonable charge incurred in realizing on a security interest in personal property, pursuant to Title 9‑A, section 3‑402, subsection 1, paragraph B, which may be added to the consumer's indebtedness.
[PL 2009, c. 45, §2 (NEW).]
4.  Residential real estate property preservation.
A residential real estate property preservation provider may enter into a dwelling only if authorized by the terms of a note, contract or mortgage. The provider may not use force or effect a breach of the peace against any person. The provider shall inventory any unsecured items removed from the dwelling and immediately notify the appropriate consumer that the unsecured items will be made available in a manner convenient to the consumer. The provider shall make a permanent record of all steps taken to preserve and secure the dwelling and shall make that record and the inventory of removed unsecured items available to the consumer upon written request.
[PL 2013, c. 521, Pt. E, §4 (NEW).]
SECTION HISTORY
PL 1993, c. 126, §3 (NEW). PL 2009, c. 45, §2 (AMD). PL 2013, c. 521, Pt. E, §§3, 4 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 2: DEBT COLLECTION ACTIVITIES › 32 §11018. Privacy of consumer financial information

§11018. Privacy of consumer financial information
A collection agency or repossession company shall comply with the provisions of the federal Gramm-Leach-Bliley Act, 15 United States Code, Section 6801 et seq. (1999) and the applicable implementing federal Privacy of Consumer Information regulations, as adopted by the Office of the Comptroller of the Currency, 12 Code of Federal Regulations, Part 40 (2001); the Board of Governors of the Federal Reserve System, 12 Code of Federal Regulations, Part 216 (2001); the Federal Deposit Insurance Corporation, 12 Code of Federal Regulations, Part 332 (2001); the Office of Thrift Supervision, 12 Code of Federal Regulations, Part 573 (2001); the National Credit Union Administration, 12 Code of Federal Regulations, Part 716 (2001); the Federal Trade Commission, 16 Code of Federal Regulations, Part 313 (2001); or the Securities and Exchange Commission, 17 Code of Federal Regulations, Part 248 (2001), if the collection agency or repossession company is a financial institution as defined in those regulations. This section is not intended to permit the release of health care information except as permitted by Title 22, section 1711‑C or Title 24‑A, chapter 24.   [PL 2001, c. 262, Pt. E, §4 (NEW).]
SECTION HISTORY
PL 2001, c. 262, §E4 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 2: DEBT COLLECTION ACTIVITIES › 32 §11021. Collection actions prohibited in small claims court

§11021. Collection actions prohibited in small claims court
A debt collector may not commence a collection action against a consumer to collect a debt in small claims court pursuant to Title 14, chapter 738.   [PL 2021, c. 245, Pt. F, §3 (NEW).]
SECTION HISTORY
PL 2021, c. 245, Pt. F, §3 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 3: LICENSING AND ADMINISTRATION › 32 §11032. Bond

§11032. Bond
The administrator shall require each licensee to file and maintain in force a surety bond, in a form prescribed by and acceptable to the administrator and in such sum as the administrator may deem reasonably necessary, to safeguard the interests of the public. The terms of the bond must run concurrent with the period of time during which the license will be in effect. The bond may be cancelled by the surety on the bond by giving 30 days' notice to the administrator, but the cancellation may not in any manner affect the liability of the surety as to anything occurring prior to the cancellation.   [PL 1997, c. 727, Pt. B, §22 (AMD).]
SECTION HISTORY
PL 1985, c. 702, §2 (NEW). PL 1997, c. 727, §B22 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 3: LICENSING AND ADMINISTRATION › 32 §11033. Prior convictions as disqualifications

§11033. Prior convictions as disqualifications
In evaluating a license application, the superintendent shall consider the criminal record of any individual applicant, of any partner, if the applicant is a partnership, of any officer or director, if the applicant is a corporation, or of any employee of the foregoing, in accordance with Title 5, chapter 341. No license may be granted to any lawyer, whose license to practice law has been suspended or revoked, during the effective period of that suspension or revocation.   [PL 1985, c. 702, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 702, §2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 3: LICENSING AND ADMINISTRATION › 32 §11034. Rulemaking

§11034. Rulemaking
The superintendent may make such reasonable rules, not inconsistent with this chapter, pertaining to the operation of the business of licensees as he deems necessary to safeguard the interest of the public. The rules shall be adopted in the manner prescribed in the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II.   [PL 1985, c. 702, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 702, §2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 3: LICENSING AND ADMINISTRATION › 32 §11035. Advisory rulings

§11035. Advisory rulings
The superintendent may issue advisory rulings pertaining to the applicability of any statutory provision or any rule adopted under this chapter and shall provide by rule for the filing and prompt disposition of requests for advisory rulings.   [PL 1985, c. 702, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 702, §2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 3: LICENSING AND ADMINISTRATION › 32 §11036. Reports and records

§11036. Reports and records
1.  Financial statements.
The administrator may at any time require a licensee to submit to the bureau such financial statements as determined necessary for examination by the administrator so that the administrator may determine whether or not the licensee is financially responsible to carry on a debt collector's business.
[PL 1997, c. 727, Pt. B, §23 (AMD).]
2.  Books and records.
The superintendent shall require the licensee to keep such books and records in this State as will enable the superintendent to determine whether the provisions of this chapter are being complied with. At the superintendent's option, a licensee may keep the books and records in a location outside this State, provided that the licensee agrees to produce the books and records in this State upon demand. Every licensee shall preserve the records of final entry used in that business for a period of 2 years after final remittance is made on any account placed with the licensee for collection or after any account has been returned to the claimant on which one or more payments have been made.
[PL 1985, c. 702, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 702, §2 (NEW). PL 1997, c. 727, §B23 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 3: LICENSING AND ADMINISTRATION › 32 §11037. Voluntary termination of business

§11037. Voluntary termination of business
1.  Procedures prior to termination.
Prior to voluntarily ceasing business as a debt collector, a licensee shall:
A. Notify the superintendent of the proposed termination at least 30 days prior to its effective date;   [PL 1985, c. 702, §2 (NEW).]
B. Notify all creditor clients in writing of the proposed termination at least 30 days prior to its effective date;   [PL 1985, c. 702, §2 (NEW).]
C. Provide all creditor clients with detailed final accountings of all debt accounts;   [PL 1985, c. 702, §2 (NEW).]
D. Remit all money held in the agency trust account to each respective creditor client;   [PL 1985, c. 702, §2 (NEW).]
E. Return all papers, documents and other property of creditor clients provided to the licensee in connection with its collection efforts to those clients; and   [PL 1985, c. 702, §2 (NEW).]
F. Return its license to the superintendent for cancellation.   [PL 1985, c. 702, §2 (NEW).]
[PL 1985, c. 702, §2 (NEW).]
2.  Transfer of accounts.
No licensee, when terminating its business, may transfer an account to another debt collector without first securing the written permission of the client.
[PL 1985, c. 702, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 702, §2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 3: LICENSING AND ADMINISTRATION › 32 §11039. Fees

§11039. Fees
The aggregate of license fees provided for by this chapter is appropriated for the use of the Bureau of Consumer Credit Protection. Any balance of these funds shall not lapse, but shall be carried forward to be expended for the same purposes in the following fiscal year.   [PL 1995, c. 309, §26 (AMD); PL 1995, c. 309, §29 (AFF); PL 2007, c. 273, Pt. B, §5 (REV); PL 2007, c. 695, Pt. A, §47 (AFF).]
SECTION HISTORY
PL 1985, c. 702, §2 (NEW). PL 1995, c. 309, §26 (AMD). PL 1995, c. 309, §29 (AFF). PL 2007, c. 273, Pt. B, §5 (REV). PL 2007, c. 273, Pt. B, §7 (AFF). PL 2007, c. 695, Pt. A, §47 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 3: LICENSING AND ADMINISTRATION › 32 §11040. Penalty

§11040. Penalty
Any person who carries on business as a debt collector without first obtaining a license pursuant to this subchapter, or who carries on that business after the revocation, suspension or expiration of any license, or who performs duties relating to the conduct of a debt collector on behalf of another person as an officer, director, employee, agent or in any other capacity, unless the other person has first obtained a license which has not expired, but been revoked nor suspended is guilty of a Class E crime.   [PL 1985, c. 702, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 702, §2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 4: ENFORCEMENT › 32 §11051. Investigation, suspension and revocation of licenses

§11051. Investigation, suspension and revocation of licenses
The Bureau of Consumer Credit Protection may examine or investigate the records and practices of any person the administrator believes has engaged in conduct governed by this chapter in accordance with Title 9‑A, section 6‑106, may review and approve collection letters proposed for use in this State and may charge for expenses incurred pursuant to Title 9‑A, section 6‑106, subsection 6.   [PL 2021, c. 245, Pt. A, §11 (AMD).]
After notice and opportunity for hearing, the administrator may suspend or revoke a licensee's license issued pursuant to this chapter if the administrator finds that:   [PL 2021, c. 245, Pt. A, §11 (NEW).]
1.  Grounds for denial.
A fact or condition exists that, if it had existed at the time when the licensee applied for its license, would have been grounds for denying the application;
[PL 2021, c. 245, Pt. A, §11 (NEW).]
2.  Violations.
The licensee has knowingly violated any material provision of this chapter or any rule adopted or order validly issued by the administrator under authority of this chapter;
[PL 2021, c. 245, Pt. A, §11 (NEW).]
3.  Safety and soundness.
The licensee is conducting its business in an unsafe or unsound manner;
[PL 2021, c. 245, Pt. A, §11 (NEW).]
4.  Insolvency.
The licensee is insolvent;
[PL 2021, c. 245, Pt. A, §11 (NEW).]
5.  Failure to meet obligations.
The licensee has suspended payment of its obligations, has made an assignment for the benefit of its creditors or has admitted in writing its inability to pay its debts as they become due;
[PL 2021, c. 245, Pt. A, §11 (NEW).]
6.  Bankruptcy.
The licensee has applied for an adjudication of bankruptcy, reorganization, arrangement or other relief under any bankruptcy;
[PL 2021, c. 245, Pt. A, §11 (NEW).]
7.  Refusal of examination.
The licensee has refused to permit the administrator to make an examination authorized by this chapter;
[PL 2021, c. 245, Pt. A, §11 (NEW).]
8.  Failure to respond.
The licensee has failed to promptly and adequately respond to communications from the administrator; or
[PL 2021, c. 245, Pt. A, §11 (NEW).]
9.  Failure to file report.
The licensee has willfully failed to make a report required by this chapter.
[PL 2021, c. 245, Pt. A, §11 (NEW).]
SECTION HISTORY
PL 1985, c. 702, §2 (NEW). PL 1989, c. 502, §A116 (AMD). RR 1995, c. 1, §27 (COR). RR 1995, c. 1, §28 (AFF). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2007, c. 273, Pt. B, §§5, 6 (REV). PL 2007, c. 273, Pt. B, §7 (AFF). PL 2007, c. 695, Pt. A, §47 (AFF). PL 2009, c. 243, §7 (AMD). PL 2021, c. 245, Pt. A, §11 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 4: ENFORCEMENT › 32 §11051-A. Enforcement; financial institutions

§11051-A. Enforcement; financial institutions
When a supervised financial organization is the creditor, the Superintendent of Financial Institutions has concurrent examination authority under section 11051. The administrator and the Superintendent of Financial Institutions shall cooperate in enforcing this chapter.   [PL 1995, c. 309, §24 (NEW); PL 1995, c. 309, §29 (AFF); PL 2001, c. 44, §11 (AMD); PL 2001, c. 44, §14 (AFF).]
SECTION HISTORY
PL 1995, c. 309, §24 (NEW). PL 1995, c. 309, §29 (AFF). PL 2001, c. 44, §11 (AMD). PL 2001, c. 44, §14 (AFF).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 4: ENFORCEMENT › 32 §11051-B. Administrative enforcement orders

§11051-B. Administrative enforcement orders
1.  Cease and desist.
After notice and hearing, the administrator may order a person to cease and desist from engaging in violations of this chapter or a lawful rule adopted or order issued by the administrator and may further order that the person take appropriate corrective action to reimburse consumers in cases in which consumers have been charged amounts in excess of those permitted by this chapter. Notice and hearing need not be provided prior to issuance of an order to cease and desist when, in the opinion of the administrator, immediate action is required to protect the public interest and:
A. The debt collector has not complied with section 11031; or   [PL 2021, c. 245, Pt. A, §12 (NEW).]
B. The debt collector does not maintain a permanent place of business in this State.   [PL 2021, c. 245, Pt. A, §12 (NEW).]
A respondent aggrieved by an order of the administrator may obtain judicial review of the order in the Superior Court. The proceeding for review is initiated and conducted in accordance with Title 5, chapter 375, subchapter 7.
[PL 2021, c. 245, Pt. A, §12 (NEW).]
2.  Objection not urged; remand.
An objection not urged at the hearing under subsection 1 may not be considered by the court unless the failure to urge the objection is excused for good cause shown. A party may move the court to remand the case to the administrator in the interest of justice for the purpose of adducing additional specified and material evidence and seeking findings thereon upon good cause shown for the failure to adduce this evidence before the administrator.
[PL 2021, c. 245, Pt. A, §12 (NEW).]
3.  Testimony available to parties.
The administrator's copy of the testimony at the hearing under subsection 1 must be available at reasonable times to all parties for examination without cost.
[PL 2021, c. 245, Pt. A, §12 (NEW).]
4.  Obtain decree.
If no proceeding is initiated under subsection 1, the administrator, through the Attorney General, may obtain a decree of the Superior Court for enforcement of its order upon showing that the order was issued in compliance with this section, that no proceeding for review was timely initiated and that the respondent is subject to the jurisdiction of the court. The decree of the Superior Court may also provide any relief available in an action brought under Title 9‑A, section 6‑110.
[PL 2021, c. 245, Pt. A, §12 (NEW).]
5.  Unconscionable agreements; fraudulent, unconscionable conduct.
With respect to unconscionable agreements or fraudulent or unconscionable conduct by the respondent, the administrator may not issue an order pursuant to this section, but, through the Attorney General, may bring a civil action for an injunction.
[PL 2021, c. 245, Pt. A, §12 (NEW).]
SECTION HISTORY
PL 2021, c. 245, Pt. A, §12 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 4: ENFORCEMENT › 32 §11051-C. Assurance of discontinuance

§11051-C. Assurance of discontinuance
If it is claimed that a person has engaged in conduct that could be subject to an order by the administrator or by a court, the administrator may accept an assurance in writing that the person will not engage in the same or in similar conduct in the future. Such an assurance may include any or any combination of the following: stipulations for the voluntary payment by the debt collector of the costs of investigation or of an amount to be held in escrow as restitution to debtors aggrieved by past or future conduct of the debt collector or to cover costs of future investigation; or admissions of past specific acts by the debt collector or that such acts violated this chapter or other statutes. A violation of an assurance of discontinuance is a violation of this chapter.   [PL 2021, c. 245, Pt. A, §13 (NEW).]
SECTION HISTORY
PL 2021, c. 245, Pt. A, §13 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 4: ENFORCEMENT › 32 §11052. Appeals

§11052. Appeals
Any appeal from the decision of the superintendent may be taken in accordance with Title 5, chapter 375, subchapter VII.   [PL 1985, c. 702, §2 (NEW).]
SECTION HISTORY
PL 1985, c. 702, §2 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 109-A: MAINE FAIR DEBT COLLECTION PRACTICES ACT › Subchapter 4: ENFORCEMENT › 32 §11053. Civil penalty

§11053. Civil penalty
Except for a civil action against a debt buyer, the superintendent may, through the Attorney General, bring a civil action for a penalty not to exceed $5,000 against any person who willfully violates this chapter. The superintendent may, through the Attorney General, bring a civil action for a penalty not to exceed $10,000 against a debt buyer who willfully violates this chapter. No civil penalty pursuant to this section may be imposed for violations of this chapter occurring more than 2 years before the civil action is brought.   [PL 2017, c. 216, §8 (AMD).]
SECTION HISTORY
PL 1985, c. 702, §2 (NEW). PL 2017, c. 216, §8 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 111-A: MAINE COMMODITY CODE › Subchapter 1: GENERAL PROVISIONS › 32 §11202. Unlawful commodity transactions

§11202. Unlawful commodity transactions
Except as otherwise provided in section 11203 or 11204, no person may sell, purchase or offer to sell or purchase any commodity under any commodity contract or any commodity option or offer to enter into or enter into as seller or purchaser any commodity contract or commodity option.   [PL 1985, c. 643 (NEW).]
SECTION HISTORY
PL 1985, c. 643 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 111-A: MAINE COMMODITY CODE › Subchapter 1: GENERAL PROVISIONS › 32 §11203. Exempt person transactions

§11203. Exempt person transactions
The prohibition in section 11202 does not apply to any transaction offered by and in which any of the following persons, or any employee, officer or director acting solely in that capacity, is the purchaser or seller:   [PL 1985, c. 643 (NEW).]
1.  Futures commission merchant or leverage transaction merchant.
A person registered with the Commodity Futures Trading Commission as a futures commission merchant or as a leverage transaction merchant whose activities require such registration;
[PL 1985, c. 643 (NEW).]
2.  United States Securities and Exchange Commission registered broker-dealer.
A person registered with the United States Securities and Exchange Commission as a broker-dealer whose activities require such registration;
[PL 1985, c. 643 (NEW).]
3.  Affiliated persons.
A person affiliated with, and whose obligations and liabilities under the transaction are guaranteed by, a person referred to in subsection 1 or 2;
[PL 1985, c. 643 (NEW).]
4.  Member of contract market.
A person who is a member of a contract market designated by the Commodity Futures Trading Commission or any clearinghouse of the Commodity Futures Trading Commission;
[PL 1985, c. 643 (NEW).]
5.  Financial institution.
A financial institution; or
[PL 1985, c. 643 (NEW).]
6.  State-registered broker-dealer.
A person registered under the laws of this State as a securities broker-dealer whose activities require such registration.
[PL 1985, c. 643 (NEW).]
The exemptions provided by this section do not apply to any transaction or activity which is prohibited by the Commodity Exchange Act or Commodity Futures Trading Commission Rule.   [PL 1985, c. 643 (NEW).]
SECTION HISTORY
PL 1985, c. 643 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 111-A: MAINE COMMODITY CODE › Subchapter 1: GENERAL PROVISIONS › 32 §11205. Unlawful commodity activities

§11205. Unlawful commodity activities
1.  Persons allowed to engage in commodity activities.
No person may engage in a trade or business or otherwise act as a commodity merchant, unless that person:
A. Is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting such person as a commodity merchant and such registration or temporary license shall not have expired, nor been suspended nor revoked; or   [PL 1985, c. 643 (NEW).]
B. Is exempt from that registration by virtue of the Commodity Exchange Act or of a Commodity Futures Trading Commission Rule.   [PL 1985, c. 643 (NEW).]
[PL 1985, c. 643 (NEW).]
2.  Board of trade allowed to trade.
No board of trade may trade, or provide a place for the trading of, any commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the Commodity Futures Trading Commission, unless that board of trade has been so designated for that commodity contract or commodity option and that designation shall not have been vacated, nor suspended nor revoked.
[PL 1985, c. 643 (NEW).]
SECTION HISTORY
PL 1985, c. 643 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 111-A: MAINE COMMODITY CODE › Subchapter 1: GENERAL PROVISIONS › 32 §11206. Fraudulent conduct

§11206. Fraudulent conduct
No person may directly or indirectly, in or in connection with the purchase or sale of, the offer to sell, the offer to purchase, the offer to enter into or the entry into of any commodity contract or commodity option subject to section 11202; 11203; or 11204, subsection 1, paragraph B or D:   [PL 1985, c. 643 (NEW).]
1.  Cheat.
Cheat or defraud, or attempt to cheat or defraud, any other person or employ any device, scheme or artifice to defraud any other person;
[PL 1985, c. 643 (NEW).]
2.  False statements.
Make any false report, enter any false record, or make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading;
[PL 1985, c. 643 (NEW).]
3.  Fraud; deceit.
Engage in any transaction, act, practice or course of business, including, without limitation, any form of advertising or solicitation, which operates or would operate as a fraud or deceit upon any person; or
[PL 1985, c. 643 (NEW).]
4.  Misappropriation.
Misappropriate or convert the funds, security or property of any other person.
[PL 1985, c. 643 (NEW).]
SECTION HISTORY
PL 1985, c. 643 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 111-A: MAINE COMMODITY CODE › Subchapter 1: GENERAL PROVISIONS › 32 §11207. Liability of principals, controlling persons and others

§11207. Liability of principals, controlling persons and others
1.  Officials and agents.
The act, omission or failure of any official, agent or other person acting for any individual, association, partnership, corporation or trust within the scope of his employment or office shall be deemed the act, omission or failure of the individual, association, partnership, corporation or trust, as well as of that official, agent or other person.
[PL 1985, c. 643 (NEW).]
2.  Controlling persons.
Every person who directly or indirectly controls another person liable under any provision of this chapter, every partner, officer or director of such other person, every person occupying a similar status or performing similar functions, every employee of such other person who materially aids in the violation is also liable jointly and severally with and to the same extent as such other person, unless the person who is also liable by virtue of this provision sustains the burden of proof that he did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.
[PL 1985, c. 643 (NEW).]
SECTION HISTORY
PL 1985, c. 643 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 111-A: MAINE COMMODITY CODE › Subchapter 1: GENERAL PROVISIONS › 32 §11208. Securities laws unaffected

§11208. Securities laws unaffected
Nothing in this chapter impairs, derogates or otherwise affects the authority or powers of the administrator under the Maine Uniform Securities Act or the application of any provision to that Act to any person or transaction subject to that Act.   [PL 2005, c. 65, Pt. C, §18 (AMD).]
SECTION HISTORY
PL 1985, c. 643 (NEW). PL 1989, c. 542, §74 (AMD). PL 2005, c. 65, §C18 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 111-A: MAINE COMMODITY CODE › Subchapter 1: GENERAL PROVISIONS › 32 §11209. Purpose

§11209. Purpose
This chapter may be construed and implemented to effectuate its general purpose to protect investors, to prevent and prosecute illegal and fraudulent schemes involving commodity contracts and to maximize coordination with federal and other states' laws and the administration and enforcement of those laws. This chapter is not intended to create any rights or remedies upon which actions may be brought by private persons against persons who violate the provisions of this chapter.   [PL 1985, c. 643 (NEW).]
SECTION HISTORY
PL 1985, c. 643 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 111-A: MAINE COMMODITY CODE › Subchapter 1: GENERAL PROVISIONS › 32 §11210. Short title

§11210. Short title
This chapter is known and may be cited as the "Maine Commodity Code."   [PL 2001, c. 182, §13 (NEW).]
SECTION HISTORY
PL 2001, c. 182, §13 (NEW).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 111-A: MAINE COMMODITY CODE › Subchapter 2: ADMINISTRATION AND ENFORCEMENT › 32 §11301. Investigations

§11301. Investigations
1.  Investigations.
The administrator may make investigations, within or outside this State, as the administrator finds necessary or appropriate to:
A. Determine whether any person has violated, or is about to violate, any provision of this chapter or any rule or order of the administrator; or   [PL 1989, c. 542, §75 (AMD).]
B. Aid in enforcement of this chapter.   [PL 1985, c. 643 (NEW).]
[PL 1989, c. 542, §75 (AMD).]
2.  Publication.
The administrator may publish information concerning any violation of this chapter or any rule or order of the administrator.
[PL 1989, c. 542, §75 (AMD).]
3.  Power of administrator.
For purposes of any investigation or proceeding under this chapter, the administrator or any officer or employee designated by rule or order, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the administrator deems to be relevant or material to the inquiry.
[PL 1989, c. 542, §75 (AMD).]
4.  Court order.
If a person does not give testimony or produce the documents required by the administrator or a designated employee pursuant to an administrative subpoena, the administrator or designated employee may apply for a court order compelling compliance with the subpoena or the giving of the required testimony.
The request for order of compliance may be addressed to either:
A. The Superior Court located in the County of Kennebec or the Superior Court where service may be obtained on the person refusing to testify or produce, if the person is within this State; or   [PL 1985, c. 643 (NEW).]
B. The appropriate court of the state having jurisdiction over the person refusing to testify or produce, if the person is outside this State.   [PL 1985, c. 643 (NEW).]
[PL 1989, c. 542, §75 (AMD).]
SECTION HISTORY
PL 1985, c. 643 (NEW). PL 1989, c. 542, §75 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 111-A: MAINE COMMODITY CODE › Subchapter 2: ADMINISTRATION AND ENFORCEMENT › 32 §11302. Enforcement of chapter

§11302. Enforcement of chapter
1.  Cease and desist order.
If the administrator believes, whether or not based upon an investigation conducted under section 11301, that any person has engaged or is about to engage in any act or practice constituting a violation of any rule or order under this chapter, the administrator may:
A. Issue a cease and desist order; or   [PL 1985, c. 643 (NEW).]
B. Initiate any of the actions specified in subsection 2.   [PL 1985, c. 643 (NEW).]
[PL 1989, c. 542, §76 (AMD).]
2.  Court action.
The administrator may institute any of the following actions in the appropriate courts of this State, or in the appropriate courts of another state, in addition to any legal or equitable remedies otherwise available:
A. An action for declaratory judgment;   [PL 1985, c. 643 (NEW).]
B. An action for a prohibitory or mandatory injunction to enjoin the violation and to ensure compliance with this chapter or any rule or order of the administrator;   [PL 1989, c. 542, §76 (AMD).]
C. An action for disgorgement; or   [PL 1985, c. 643 (NEW).]
D. An action for appointment of a receiver or conservator for the defendant or the defendant's assets.   [PL 1985, c. 643 (NEW).]
[PL 1989, c. 542, §76 (AMD).]
SECTION HISTORY
PL 1985, c. 643 (NEW). PL 1989, c. 542, §76 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 111-A: MAINE COMMODITY CODE › Subchapter 2: ADMINISTRATION AND ENFORCEMENT › 32 §11303. Power of court to grant relief

§11303. Power of court to grant relief
1.  Violation of chapter.
Upon showing of violation of this chapter or a rule or order of the administrator, the court, in addition to traditional legal and equitable remedies, including temporary restraining orders and permanent or temporary prohibitory or mandatory injunctions, may grant one or more of the following special remedies:
A. Imposition of a civil penalty in an amount which may not exceed $10,000 for any single violation;   [PL 1985, c. 643 (NEW).]
B. Disgorgement;   [PL 1985, c. 643 (NEW).]
C. Declaratory judgment;   [PL 1985, c. 643 (NEW).]
D. Restitution to investors wishing restitution; or   [PL 1985, c. 643 (NEW).]
E. Appointment of a receiver or conservator for the defendant or the defendant's assets.   [PL 1985, c. 643 (NEW).]
[PL 1989, c. 542, §77 (AMD).]
2.  Violation about to occur.
Upon a showing by the administrator that a person is about to violate any provision of this chapter or any rule or order of the administrator, the court may grant one or more of the following remedies:
A. A temporary restraining order;   [PL 1985, c. 643 (NEW).]
B. A temporary or permanent injunction; or   [PL 1985, c. 643 (NEW).]
C. An order appointing a receiver or conservator for the defendant or the defendant's assets.   [PL 1985, c. 643 (NEW).]
[PL 1989, c. 542, §77 (AMD).]
3.  No bond required.
The court shall not require the administrator to post a bond in any official action under this chapter.
[PL 1989, c. 542, §77 (AMD).]
4.  Violation of foreign state law.
Upon showing by the administrator of securities or commodity agency of another state that a person has violated the securities or commodity act of the foreign state or a rule or order of the administrator or securities or commodity agency of the foreign state, the court, in addition to traditional legal or equitable remedies including temporary restraining orders, and permanent or temporary prohibitory or mandatory injunctions, may grant the following special remedies:
A. Disgorgement; or   [PL 1985, c. 643 (NEW).]
B. Appointment of a receiver, conservator or ancillary receiver or conservator for the defendant or the defendant's assets located in this State.   [PL 1985, c. 643 (NEW).]
[PL 1985, c. 643 (NEW).]
5.  Violation of foreign law about to occur.
Upon showing by the administrator or securities or commodity agency of another state that a person is about to violate the securities or commodity act of the foreign state or a rule or order of the administrator or securities or commodity agency of the foreign state, the court may only grant:
A. A temporary restraining order;   [PL 1985, c. 643 (NEW).]
B. A temporary or permanent injunction; or   [PL 1985, c. 643 (NEW).]
C. An order appointing a receiver, conservator or ancillary receiver or conservator for the defendant or the defendant's assets located in this State.   [PL 1985, c. 643 (NEW).]
[PL 1985, c. 643 (NEW).]
SECTION HISTORY
PL 1985, c. 643 (NEW). PL 1989, c. 542, §77 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 111-A: MAINE COMMODITY CODE › Subchapter 2: ADMINISTRATION AND ENFORCEMENT › 32 §11304. Criminal penalties

§11304. Criminal penalties
1.  Knowing violation.
Any person who knowingly violates any provision of this chapter or any rule or order of the administrator under this chapter is guilty of a Class C crime, except that, notwithstanding Title 17‑A, sections 1704 and 1705, the maximum fine is $10,000 or any higher amount that does not exceed twice the pecuniary gain derived from the crime by the defendant pursuant to Title 17‑A, section 1706, subsection 1.
[PL 2019, c. 113, Pt. C, §83 (AMD).]
2.  Prosecution.
The administrator may refer such evidence as is available concerning violations of this chapter or any rule or order of the administrator to the Attorney General or the proper district attorney, who may, with or without such a reference from the administrator, institute the appropriate criminal proceedings under this chapter.
[PL 1989, c. 542, §78 (AMD).]
SECTION HISTORY
PL 1985, c. 643 (NEW). PL 1989, c. 542, §78 (AMD). PL 2019, c. 113, Pt. C, §83 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 111-A: MAINE COMMODITY CODE › Subchapter 2: ADMINISTRATION AND ENFORCEMENT › 32 §11305. Administration of chapter

§11305. Administration of chapter
1.  Administrator.
This chapter shall be administered by the Securities Administrator.
[PL 1989, c. 542, §79 (AMD).]
2.  Use of information.
Neither the administrator nor any employee of the administrator may use any information which is filed with or obtained by the administrator which is not public information for personal gain or benefit, nor may the administrator nor any employee of the administrator conduct any securities or commodity dealings whatsoever based upon any such information, even though public, if there has not been a sufficient period of time for the securities or commodity markets to assimilate that information.
[PL 1989, c. 542, §79 (AMD).]
3.  Public information.
Notwithstanding any other provision of law, except as provided in paragraph A, all information collected, assembled or maintained by the administrator is public information and is available for the examination of the public.
A. The following are exceptions to this subsection:
(1) Information obtained in private investigations pursuant to section 11301;
(2) Information made confidential by rule or order of the administrator; or
(3) Information obtained from federal agencies which may not be disclosed under federal law.   [PL 1989, c. 542, §79 (AMD).]
[PL 1989, c. 542, §79 (AMD).]
4.  Disclosure of information.
The administrator may disclose any information made confidential under subsection 3, paragraph A, subparagraph (1), to persons identified in section 11306, subsection 1.
[PL 1989, c. 542, §79 (AMD).]
5.  Privilege.
No provision of this chapter creates or derogates any privilege which exists at common law, by statute or otherwise, when any documentary or other evidence is sought under subpoena directed to the administrator or any employee of the administrator.
[PL 1989, c. 542, §79 (AMD).]
SECTION HISTORY
PL 1985, c. 643 (NEW). PL 1989, c. 542, §79 (AMD).
2023 Maine Revised Statutes › TITLE 32: PROFESSIONS AND OCCUPATIONS › Chapter 111-A: MAINE COMMODITY CODE › Subchapter 2: ADMINISTRATION AND ENFORCEMENT › 32 §11306. Cooperation with other agencies

§11306. Cooperation with other agencies
1.  Cooperation.
To encourage uniform application and interpretation of this chapter and commodities regulation and enforcement in general, the administrator and the employees of the administrator may cooperate, including bearing the expense of the cooperation, with the securities agencies or administrator of another jurisdiction, Canadian province or territory or such other agencies administering this chapter, the Commodity Futures Trading Commission, the Securities and Exchange Commission, any self-regulatory organization established under the Commodity Exchange Act or the Securities Exchange Act of 1934, any national or international organization of commodities or securities officials or agencies and any governmental law enforcement agency.
[PL 1989, c. 542, §80 (AMD).]
2.  Type of cooperation.
The cooperation authorized by subsection 1 includes, but is not limited to, the following:
A. Making joint examinations or investigations;   [PL 1985, c. 643 (NEW).]
B. Holding joint administrative hearings;   [PL 1985, c. 643 (NEW).]
C. Filing and prosecuting joint litigation;   [PL 1985, c. 643 (NEW).]
D. Sharing and exchanging personnel;   [PL 1985, c. 643 (NEW).]
E. Sharing and exchanging information and documents;   [PL 1985, c. 643 (NEW).]
F. Formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes and releases; and   [PL 1985, c. 643 (NEW).]
G. Issuing and enforcing subpoenas at the request of the agency administering this chapter in another jurisdiction, the securities agency of another jurisdiction, the Commodity Futures Trading Commission or the Securities and Exchange Commission if the information sought would also be subject to lawful subpoena for conduct occurring in this State.   [PL 1985, c. 643 (NEW).]
[PL 1985, c. 643 (NEW).]
SECTION HISTORY
PL 1985, c. 643 (NEW). PL 1989, c. 542, §80 (AMD).