reglab/statecodes huggingface dataset:
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 10 - RULES FOR EXEMPTIONS TO THE BAN ON FLAVORED CIGARETTES AND CIGARS › Section 239-10-5 - EXEMPTIONS FOR FLAVORED CIGARETTES AND FLAVORED CIGARS FIRST ON THE MARKET AFTER JANUARY 1, 1985

Current through 2024-29, July 17, 2024
1.
Application for Exemption.
The current manufacturer of a flavored
				cigarette or flavored cigar wishing to apply for an exemption pursuant to 22
				M.R.S.A. §1560-D(2)(B) and (5), and Section 3(2) of these Rules shall, on
				or with a form provided by the Office of Attorney General, submit the
				following:
A. The brand and brand style/s of
				the flavored cigarette or flavored cigar;
B. The manufacturer of the flavored cigarette
				or flavored cigar;
C. The name of
				an authorized manufacturer's representative;
D. The characterizing flavor of the flavored
				cigarette or flavored cigar; and
E.
				The length and diameter of the flavored cigarette or flavored cigar prior to
				January 1, 1985;
F. A digital photo
				or other color image of the pre-1985 packaging of the flavored cigarette or
				flavored cigar;
G. A digital photo
				of the current packaging;
H. The
				number of flavored cigarettes/cigars, per package, prior to January 1,
				1985;
I. The number of flavored
				cigarettes/cigars per current package;
J. The flavor imparting constituents that
				impart a characterizing flavor or aroma to the flavored cigarette or flavored
				cigar prior to January 1, 1985;
K.
				The current flavor imparting constituents that impart a characterizing flavor
				or aroma to the flavored cigarette or flavored cigar;
L. Any constituent ingredients other than
				flavor imparting constituents prior to January 1, 1985; and
M. Current constituent ingredients other than
				flavor imparting constituents.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 10 - RULES FOR EXEMPTIONS TO THE BAN ON FLAVORED CIGARETTES AND CIGARS › Section 239-10-6 - SEVERABILITY

Current through 2024-29, July 17, 2024
Should any provision of these Rules be determined to be
				  unconstitutional or unenforceable, such a determination shall not invalidate
				  any other provision of these rules.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 100 - TRADE PRACTICES IN THE SALE OF RESIDENTIAL HEATING OIL › Section 239-100-1 - Definitions

Current through 2024-29, July 17, 2024
A. "Dealer" includes all retail oil dealers
				who sell home heating oil for use and not for resale.
B. "Established delivery area" means the
				geographic area bounded by a retail dealer's delivery routes used to service
				established customers.
C. "Heating
				oil" means number 2 oil or kerosene, sold to heat the interior of a building
				used as a person's principal place of residence.
D. "Market price of heating oil" means the
				highest price per gallon of heating oil a dealer customarily charges his buyers
				in an established delivery area.
E.
				"Unscheduled delivery" means a delivery which causes the dealer to dispatch a
				truck along a delivery route he would not have otherwise taken during the day's
				regular working hours.
Comment
A common example of a dealer's market price for heating oil
				  would be that charged a person on thirty days credit for automatic delivery to
				  a 275-gallon tank.
For further explanation of an unscheduled delivery, see the
				  Comment to Rule 100.6
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 100 - TRADE PRACTICES IN THE SALE OF RESIDENTIAL HEATING OIL › Section 239-100-2 - Violations

Current through 2024-29, July 17, 2024
A violation of any of the following rules is an unfair trade
				  practice.
Comment
These rules set forth examples of acts by dealers which
				  constitute illegal practices under the Maine Unfair Trade Practices Act. These
				  rules do not necessarily describe the only acts which can violate the Maine
				  Unfair Trade Practices Act. Other Acts which place an unlawful burden on
				  consumers are also prohibited under the Maine Unfair Trade Practices Act even
				  though they are not specifically included in these rules.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 100 - TRADE PRACTICES IN THE SALE OF RESIDENTIAL HEATING OIL › Section 239-100-3 - All Established Customers Receive Dealer's Offered Services

Current through 2024-29, July 17, 2024
A dealer may not discriminate unfairly among his established
				  customers in the following areas:
A.
				heating oil sales, including requests for immediate service, or additional
				charges for deliveries of oil below the minimum delivery requirement or
				unscheduled deliveries; and
B. oil
				burner installation and service.
For the purpose of this rule, an "established customer" of a
				  dealer includes any person whose last two heating oil purchases were made from
				  the dealer.
Comment
This rule sets out the principle that all established
				  customers are entitled to equal service. For example, a person can insure
				  emergency service or repair to his oil burner by becoming an established
				  customer of a dealer who provides these services to his customers.
This rule does allow the dealer to adopt such practices as
				  surcharging for unscheduled deliveries if it is the established buyer's fault
				  the tank went dry but not surcharging if it is the dealer's fault.
Since 100.4 requires service for any cash customer, any
				  person can become an "established customer" by making two cash purchases in a
				  row from the same dealer.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 100 - TRADE PRACTICES IN THE SALE OF RESIDENTIAL HEATING OIL › Section 239-100-4 - Required Heating Oil Sales

Current through 2024-29, July 17, 2024
A dealer must sell heating oil within its established
				  delivery area to any person who is willing and able to pay cash. The dealer
				  must make this sale even if:
A. the
				person has not paid for a past sale of heating oil; or
B. the person is not an established customer
				of the dealer.
This rule also applies if payment is to be made in certified
				  or cashier's check, commercial money order, or their equivalent or if a
				  government or community action agency has guaranteed to pay on behalf of the
				  person the cost of the heating oil sale.
When a person requests 20 gallons or more of heating oil
				  under this rule, the dealer must deliver the oil no later than his next
				  scheduled delivery to the person's neighborhood.
Comment
This rule ensures that any person ready and able to pay can
				  receive a hearing oil delivery. Further, by making two cash purchases under
				  this rule, any person can become an established customer of the dealer of his
				  choice and thereby become eligible for all services that dealer provides to his
				  established customer.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 100 - TRADE PRACTICES IN THE SALE OF RESIDENTIAL HEATING OIL › Section 239-100-5 - Minimum Delivery Requirement

Current through 2024-29, July 17, 2024
A dealer is required to make scheduled deliveries of 20
				  gallons or more. However, for any delivery below the following amount:
A. 50% of the customer's tank; or
B. 100 gallons, whichever is less,
the dealer may charge a penalty not to exceed $20. No other
				  penalty is permitted.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 100 - TRADE PRACTICES IN THE SALE OF RESIDENTIAL HEATING OIL › Section 239-100-6 - Surcharge Permitted for Unscheduled Delivery

Current through 2024-29, July 17, 2024
When the dealer makes an unscheduled delivery at the request
				  of a buyer, he may add a separate charge to his price. This surcharge may not
				  exceed the actual additional costs incurred. No other surcharge is
				  permitted.
Prior to accepting an order for an unscheduled delivery, the
				  dealer shall inform the buyer of the approximate amount of the surcharge, the
				  reason for the surcharge, and when his next scheduled delivery will take
				  place.
Comment
Under this rule dealers must establish uniform surcharges for
				  unscheduled deliveries. In doing so the dealer may consider such factors as
				  extra miles traveled or overtime pay.
Examples of unscheduled deliveries include:
A. when the dealer must dispatch a truck to
				serve a person on a day during which he would not otherwise be in that area;
				or
B. when a dealer must dispatch a
				truck to return to an area he already served that day.
It is not an unscheduled delivery when a person requests a
				  delivery for a day on which the truck is already scheduled to be in his
				  area.
A dealer may establish a flat rate surcharge for buyers that
				  does not exceed his average additional costs.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 100 - TRADE PRACTICES IN THE SALE OF RESIDENTIAL HEATING OIL › Section 239-100-7 - Price Discrimination Prohibited

Current through 2024-29, July 17, 2024
A dealer may not discriminate by charging some persons a
				  price higher than his current market price of heating oil. Except for a penalty
				  for a delivery below the minimum delivery requirement or a surcharge for an
				  unscheduled delivery, no other penalties or surcharges are permitted.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 100 - TRADE PRACTICES IN THE SALE OF RESIDENTIAL HEATING OIL › Section 239-100-8 - Credit Discrimination Prohibited

Current through 2024-29, July 17, 2024
A dealer must adhere to the prohibitions against
				  discrimination in the Federal Equal Credit Opportunity Law, which is found at
				  Title 15, 1691(a) through (c) of the United States Code Annotated and the
				  State's Fair Credit Extension Act, which is found at Title 5, Maine Revised
				  Statutes Annotated, Sections 4595 through 4598.
Comment
These federal and state laws detail unlawful credit
				  discrimination. For example, it is unlawful for any creditor to discriminate on
				  the basis of race, color, religion, national origin, ancestry, sex, marital
				  status or age, or because all or part of the applicant's income derives from
				  any public assistance program.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 100 - TRADE PRACTICES IN THE SALE OF RESIDENTIAL HEATING OIL › Section 239-100-9 - Notice of Credit Rejection or Change of Terms Required

Current through 2024-29, July 17, 2024
If credit is denied, the dealer must so inform the credit
				  applicant in writing. This notice must be given within 4 business days or if a
				  dealer uses a credit bureau, within 2 days of receiving the bureau's report.
				  Notice shall state the reasons for denial or inform the applicant of his right
				  to request such reasons.
If the applicant requests the reasons credit was denied, the
				  dealer must respond within 2 business days. The dealer's response must be in
				  writing if the applicant so requests.
A dealer must give 5 days advance notice of termination or
				  alteration of credit terms and the reasons why.
If a person demands a credit oil delivery within the 5 days
				  notice of termination period, the dealer need not sell him more oil than he
				  needs to last through the notice period.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 100 - TRADE PRACTICES IN THE SALE OF RESIDENTIAL HEATING OIL › Section 239-100-10 - Reasonable Exceptions to these Rules

Current through 2024-29, July 17, 2024
In adhering to these rules, a dealer may make reasonable
				  exceptions favorable to classes of people with relatively low income, such as
				  the elderly, recipients of public assistance, or other persons on fixed
				  income.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 100 - TRADE PRACTICES IN THE SALE OF RESIDENTIAL HEATING OIL › Section 239-100-11 - Suspension dates

Current through 2024-29, July 17, 2024
These rules will be in effect each year from October 15
				  through April 30.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 100 - TRADE PRACTICES IN THE SALE OF RESIDENTIAL HEATING OIL › Section 239-100-12 - Heating Oil Orders

Current through 2024-29, July 17, 2024
When a dealer quotes to a person a specific heating oil price
				  and the person places an order, the dealer must deliver the oil at that price
				  unless the dealer has specifically stated to the person that:
A. The price per gallon is determined on the
				day the oil is actually delivered; and
B. The price on delivery day may be higher or
				lower than the quoted price.
Comments
This rule insures that a person who orders oil is charged at
				  the price quoted by the dealer unless the dealer specifically communicates to
				  that person that the quoted price is subject to change and that the price the
				  person will pay is the dealer's price on the day the oil is actually
				  delivered.
The effective date of this new addition to Chapter 100 is the
				  date this emergency rule is actually promulgated.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 102 - TRADE PRACTICES IN THE SALE OF UREA FORMALDEHYDE FOAM INSULATION › Section 239-102-1 - Disclosure Required

Current through 2024-29, July 17, 2024
It shall be deemed an unfair or deceptive trade practice for
				  any person who sells or installs urea formaldehyde foam insulation to fail to
				  disclose conspicuously and in writing to a prospective purchaser prior to
				  contracting to sell or to install urea formaldehyde foam insulation in a
				  building used or as attached to a residence the following notice:
HEALTH AND SAFETY WARNING
Urea formaldehyde foam insulation may release formaldehyde
				  gas into your home over a long period of time.
Consumer who are exposed to formaldehyde gas may suffer eye,
				  nose and throat irritation, coughing, shortness of breath, skin irritation,
				  nausea, headaches and dizziness. People with respiratory problems or allergies
				  may suffer more serious reactions, especially persons allergic to
				  formaldehyde.
The symptoms may appear immediately, or not until months
				  after installation.
Government scientists have also concluded that extended
				  exposure to formaldehyde should be presumed to increase the risk of cancer in
				  humans.
Urea formaldehyde foam insulation is not recommended for use
				  in attics, ceilings, and interior walls because installations in these areas
				  increases the likelihood that formaldehyde gas will be released into your home.
				  In some instances the formaldehyde gas cannot be controlled by ventilation or
				  other inexpensive means.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 104 - MOTOR VEHICLE ADVERTISING › Section 239-104-1 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. "Advertisement," "advertising," or "ad,"
				unless otherwise noted, means any oral, written, electronic or graphic
				statement made by, for, or in the name of a car dealer that is in any manner
				connected with the solicitation of business. The term includes statements made
				in newspapers or other publications or on radio or television, or contained in
				any sign, motor vehicle window sticker, circular, brochure, letter, or other
				writing.
B. "Disclosure" means a
				clear and conspicuous statement made in such size, color, contrast, location,
				duration, and audibility that it is readily noticeable, readable and
				understandable. The disclosure may not contradict or be inconsistent with any
				other information with which it is presented. If the disclosure modifies,
				explains, or clarifies other information with which it is presented, or states
				"see dealership for details," then it must be presented in proximity to the
				information it modifies, in a manner readily noticeable, readable, and
				understandable, and it must not be obscured in any manner. An audio disclosure
				must be delivered in a volume and cadence sufficient for a consumer to hear and
				comprehend it. A visual disclosure for television must appear on the screen for
				a duration sufficient for a consumer to read and comprehend it. In a print or
				internet advertisement or promotional material, including without limitation
				point of sale display or brochure materials directed to consumers, a disclosure
				must be in a type size and location sufficiently noticeable for a consumer to
				read and comprehend it, in a print that contrasts with the background against
				which it appears. Commonly known abbreviations may be used in disclosures;
				however, those not generally known cannot be.
C. "Dealer" means a natural person, firm,
				corporation, partnership, and any other legal entity licensed by the State to
				sell new or used motor vehicles, as defined in 29-A M.R.S.A. §101, and the
				officers, employees and agents thereof, except auctioneers licensed by the
				State.
D. "Extra charge" means any
				consumer charge listed or requested by the dealer for the purchase of a new or
				used motor vehicle which is not included in the manufacturer's suggested retail
				price for that vehicle. Some examples are the following charges that are
				typically not listed on a "Monroney sticker" (the manufacturer's suggested
				retail price sticker): handling charges, floor planning costs, dealer installed
				options, charges for preparing documents or other dealer preparation
				services.
E. "Monroney sticker" or
				"MSRP sticker" means the window sticker required by the federal Automobile
				Information Disclosure Act,
				15
				U.S.C. §1231
et
				seq
.
F. "Motor vehicle"
				means vehicles as defined at 29-A M.R.S.A. §101(42).
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 104 - MOTOR VEHICLE ADVERTISING › Section 239-104-2 - GENERAL PROVISIONS

Current through 2024-29, July 17, 2024
A.
General
				prohibition against unfair and deceptive advertising.
These advertising
				rules are issued pursuant to the Maine Unfair Trade Practices Act ( 5 M.R.S.A.
				§207 ). All motor vehicle advertising by dealers, whether printed or
				broadcast, shall be in plain language, with disclosures of material facts that
				are clear and conspicuous and non-deceptive. By way of example and not of
				limitation, the following are in violation of this rule:
1. direct statements or reasonable inferences
				that have the tendency to mislead consumers;
2. advertising whose overall impression has
				the tendency to mislead consumers;
3. disclaimers that contradict, confuse or
				unreasonably limit or significantly alter a principal message of an
				advertisement;
4. the failure to
				make clear and conspicuous disclosures of limitations, disclaimers,
				qualifications, conditions, exclusions or restrictions;
5. statements susceptible to both a
				misleading and a truthful interpretation; and
6. deceptive statements, even though the true
				facts are subsequently made known to the consumer.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 104 - MOTOR VEHICLE ADVERTISING › Section 239-104-3 - ADVERTISING LAYOUT

Current through 2024-29, July 17, 2024
The following advertising techniques are in violation of
				  these rules:
A.
Footnotes and
				asterisks.
Using footnotes or asterisks which, alone or in combination,
				contradict, confuse, significantly alter or unreasonably limit the principal
				message of the ad.
B.
Print
				size.
Using any type size so small that it is not easily readable if it
				alters a principal message of the ad.
C.
Color Contrasts.
Using color
				contrasts which render the text difficult to read if it alters a principal
				message of the ad.
D.
Photos
				and illustrations.
Using inaccurate photographs or illustrations when
				describing specific motor vehicles, except when used as a general illustration
				of the kind of vehicle advertised (e.g., a truck, sedan, family van,
				etc.).
E.
Abbreviations and
				technical jargon.
Using any unexplained abbreviations or technical
				jargon which is unfamiliar to the general public, with respect to any aspect of
				the advertisement on which consumers could reasonably be expected to rely, if
				it would significantly alter the ad.
F.
Disclosures.
Using statements
				of material facts that do not meet the definition of a clear and conspicuous
				disclosure.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 104 - MOTOR VEHICLE ADVERTISING › Section 239-104-4 - AVAILABILITY OF VEHICLES

Current through 2024-29, July 17, 2024
A.
Identification of sale vehicles.
Where a specific motor vehicle is
				advertised by a dealer as being for sale at a specific price, the invoice or
				VIN of that vehicle or the vehicle itself must be in the possession of the
				dealer and must be shown and sold as advertised, illustrated or described at
				the advertised price and terms, at the advertised address.
B.
Sufficient supply.
If the
				dealer does not limit the number of advertised motor vehicles available, then
				the dealer must have in stock a sufficient supply to meet reasonably expected
				public demand of all vehicles advertised, with the equipment advertised and at
				the price advertised.
C.
Limited supply.
In the event that a dealer has a limited supply of
				motor vehicles advertised, the advertisement must disclose this fact by stating
				that the quantity is limited to only a specified number of vehicles available
				at the specified price or by stating the stock numbers of the available
				vehicles.
D.
Not immediately
				available.
If in order to make delivery of the advertised motor vehicle,
				the dealer has to obtain the vehicle from the manufacturer or some other
				source, this fact must be disclosed in the ad.
E.
General offers.
This section
				does not prohibit general advertising of motor vehicles by a manufacturer or
				distributor and the inclusion therein of the names and addresses of the dealers
				selling such vehicles in the particular area.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 104 - MOTOR VEHICLE ADVERTISING › Section 239-104-5 - PRICE DISCLOSURES

Current through 2024-29, July 17, 2024
A.
Vehicle
				identification.
When the price of a motor vehicle is advertised in a
				local medium, the vehicle must be fully identified as to year, make, model,
				and, if the current or immediately preceding model year, whether the vehicle is
				new or used.
B.
Advertised
				price.
When advertising the motor vehicle's price the stated price must
				include all extra charges, as defined at Section 1(D), which the customer is
				asked to pay.
C.
Non-required
				disclosures.
The advertised price need not include state and local
				taxes, or title fees. Options installed at customer request need not be
				included in the advertised price.
D.
$0.00 Down payment.
An ad
				that offers $0.00 down payment cannot require immediate payment of extra
				charges, as defined at Section 1(D).
E.
Discount advertising.
When an
				automotive advertisement contains an offer of a price discount on a new motor
				vehicle, the amount of such discount must be stated by reference to the
				manufacturer's suggested retail price (Monroney Sticker or MSRP) of the vehicle
				or the dealer's regular asking price, including any additional dealer markup
				and extra charges. If the dealer advertises a discount of a manufacturer or
				dealer option package, such discount must be from the suggested retail prices
				of the options in the package.
F.
List or sticker price.
When the words "list" or "sticker" or words
				of similar import are used in an advertisement for a new motor vehicle, they
				must only refer to the manufacturer's suggested retail price (Monroney Sticker
				or MSRP).
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 104 - MOTOR VEHICLE ADVERTISING › Section 239-104-6 - COMPARATIVE MSRP ADVERTISING

Current through 2024-29, July 17, 2024
Advertising a comparison of the dealer's price with a
				  manufacturer's suggested retail price (MSRP) is prohibited, unless:
A. the advertised MSRP is in fact the "bottom
				line" manufacturer's suggested retail price listed on the Monroney sticker
				(including all accessories and options physically attached to the motor vehicle
				at the time of delivery to the dealer, and any charge to the dealer for
				transportation to the dealer), after all manufacturer discounts and
				manufacturer savings listed on the Monroney sticker have been
				deducted;
B. the advertised MSRP
				does not include any extra charges added by the dealer;
C. the advertised MSRP is referred to as the
				"manufacturer's suggested retail price" or "MSRP";
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 104 - MOTOR VEHICLE ADVERTISING › Section 239-104-7 - MINIMUM TRADEIN ALLOWANCES

Current through 2024-29, July 17, 2024
Since the amount of trade-in allowance will vary depending on
				  the condition, model, and age of a buyer's motor vehicle, no specific trade-in
				  amount or range of amounts can be used in advertising.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 104 - MOTOR VEHICLE ADVERTISING › Section 239-104-8 - REBATES

Current through 2024-29, July 17, 2024
A.
Rebate offers.
The terms
				"rebate", "cash rebate", or similar terms can be used only when payment of
				money will be made by the dealer or manufacturer to a purchaser after the sale
				or the amount will be credited to the purchaser at the time of sale.
B.
Rebate availability.
If an
				advertisement states that a motor vehicle is offered at a specified price which
				"includes all rebates," the rebates must only include those for which a
				substantial majority of customers will qualify - all others must be separately
				stated.
C.
Inflated
				price.
If the advertised price of the motor vehicle has been increased
				to offset the rebate in part or in whole, this information must be clearly and
				conspicuously disclosed in the ad.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 104 - MOTOR VEHICLE ADVERTISING › Section 239-104-9 - FREE OFFER

Current through 2024-29, July 17, 2024
The word "free" may be used in advertising only when the
				  advertiser is offering an unconditional gift that is unrelated to any purchase.
				  Receipt of the "free" merchandise or service cannot be conditional on a
				  purchase of a motor vehicle whose price is negotiable.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 104 - MOTOR VEHICLE ADVERTISING › Section 239-104-10 - BUYDOWN INTEREST RATES

Current through 2024-29, July 17, 2024
No buy-down interest rate can be advertised if any of the
				  costs of securing the buy-down are passed on to the customer in any way, unless
				  the dealer discloses clearly and conspicuously that contribution by the
				  dealership may increase the negotiated price of the vehicle to the customer. (A
				  buy-down interest rate is one in which the dealership pre-pays some of the
				  interest expense in order to allow the customer to finance at a lower APR than
				  the finance institution's current rate.)
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 104 - MOTOR VEHICLE ADVERTISING › Section 239-104-11 - FACTORY, EXECUTIVE, AND FULLYEQUIPPED VEHICLES

Current through 2024-29, July 17, 2024
A.
"Factory" and "Executive" vehicles.
A motor vehicle cannot be
				advertised:
1. as a "factory" vehicle if it is
				previously registered or titled.
2.
				as an "executive" vehicle unless it has been used exclusively by factory,
				manufacturer, or distributor personnel.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 104 - MOTOR VEHICLE ADVERTISING › Section 239-104-12 - MISLEADING CLAIMS OF POTENTIAL SAVINGS

Current through 2024-29, July 17, 2024
The following claims of potential savings are in violation of
				  these rules:
A.
"Factory
				outlet".
Using terms such as "factory outlet," "factory authorized
				sale," or similar terms (which imply that the dealer has a special connection
				or relationship with the manufacturer that is greater or more direct than that
				of other dealers), when in fact no such special connection or relationship
				exists, or when any such special connection or relationship has no discernible
				effect on vehicle prices.
B.
"Liquidation sale".
Advertising a "liquidation sale," "public
				notice," "public sale," "bankruptcy sale" or similar terms, where the sale is
				not required by court order, by operation of law, in conjunction with an action
				in bankruptcy, or by the scheduled cessation of the dealer's
				business.
C.
"Dealer cost,"
				"dealer invoice," etc.
Using terms which represent that a vehicle is
				available for sale at a price below cost, at cost, or slightly above cost, such
				as "dealer cost," "dealer invoice," "inventory price," "factory invoice,"
				"wholesale," "factory billing," or similar terms, unless the advertisement
				clearly discloses any factors that may reflect the ultimate cost to the dealer,
				such as manufacturer incentives, awards, dealer holdbacks, decreased trade-in
				allowances or increased finance charges.
D.
Unsubstantiated pricing.
Advertising "lower prices than anyone else," or similar terms, if such claims
				cannot be substantiated by the dealer.
E.
"As low as," "from," "rebates up
				to," and stock number ads.
Using the terms "as low as [a certain price
				or finance charge]," "from [a certain price]," "rebates up to [a certain dollar
				amount]," or similar terms, or stating a stock number, unless the advertised
				vehicles are available for sale as required by Section 4 of these
				Rules.
F.
"Money-back
				guarantees" or "free trials".
Advertising "satisfaction guaranteed,"
				"money-back guarantee," "risk free trial," or similar terms unless the dealer
				will readily refund the full purchase price of the vehicle upon complaint by
				the buyer, and any conditions or limitations are disclosed.
G.
List price comparisons.
Advertising a price that is compared to a "list" price or other similar term
				unless the list price is the Manufacturer's Suggested Retail Price
				(MSRP).
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 104 - MOTOR VEHICLE ADVERTISING › Section 239-104-13 - CREDIT SALES

Current through 2024-29, July 17, 2024
A.
Financing
				rates.
If an advertised financing rate will increase the advertised
				price of a motor vehicle, then that fact must be disclosed. Where financing is
				described in terms that do not trigger disclosures under the federal
				Truth-in-Lending Act (for example, "below market financing"), the ad must
				nevertheless disclose all conditions and limitations on the advertised
				financing other than creditworthiness. For instance, a dealer shall not fail to
				disclose a required down payment.
B.
"No money down."
If an
				advertisement states "no money down" or similar terms, then the dealer must
				deliver the advertised vehicle, so described, to the purchaser without any
				initial payment or other initial obligation other than the negotiation of a
				lien contract for the advertised purchase price.
C.
"Everybody financed."
If an
				advertisement states "everybody financed," "no credit rejected," "we finance
				anyone," or similar terms implying that no prospective credit purchaser will be
				rejected because of his or her inability to qualify for credit, then the dealer
				must provide credit to a purchaser who requests it. If as a result of extending
				credit in these circumstances the dealer will increase the price of the
				vehicle, the advertisement must disclose this fact.
D.
Truth-in-Lending.
When credit
				terms are advertised, they must comply with State and Federal Truth-in-Lending
				requirements.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 104 - MOTOR VEHICLE ADVERTISING › Section 239-104-14 - LEASE ADVERTISING DISCLOSURES

Current through 2024-29, July 17, 2024
A.
Lease
				advertisements.
Whenever any advertisement relates to a lease, the
				advertisement must clearly and conspicuously disclose that the transaction
				advertised is a lease.
B.
Truth in lending.
When lease terms are advertised, they must
				comply with the disclosure requirements of State and Federal Truth-in-Leasing
				requirements.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 105 - TRADE PRACTICES IN THE SALE OF NEW MOTOR VEHICLES › Section 239-105-1 - Definitions

Current through 2024-29, July 17, 2024
1. Dealer. "Dealer" means a natural person,
				corporation, partnership, and any other legal entity and the officers,
				employees, and agents thereof that are engaged in the business of selling,
				buying, offering to negotiate and negotiating the sale of a new motor vehicle,
				except auctioneers licensed by the Secretary of State.
2. Motor Vehicle. "Motor vehicle" means any
				self-propelled vehicle designed primarily to transport not more than 14
				individuals on public ways, except motorcycles, snowmobiles and any vehicle
				exclusively on a rail or rails.
3.
				Extra Charge. "Extra charge" means any consumer charge listed or requested by
				the dealer for the purchase of a new motor vehicle which is not included in the
				manufacturer's suggested retail price for that vehicle. Some examples are the
				following charges that are typically not listed on a Monroney sticker: handling
				charges, floor planning costs, charges for documents or preparing documents and
				preparation services.
4. Preparation
				Service. "Preparation service" means any adjustment, inspection, testing,
				repair, replacement of parts, cleaning, polishing or other labor done with the
				purpose of preparing a vehicle for sale that is performed by the dealer without
				prior written authorization of the purchaser.
5. Optional Equipment. "Optional equipment"
				means equipment, protective coatings, special features, appliances, parts or
				accessories added to a motor vehicle by the dealer, or that are added by
				specific request of the dealer, which the customer purchases and which are not
				included in the manufacturer's suggested retail price.
6.  Disclosure or to Disclose. "Disclosure"
				or "to disclose" means informing the customer in writing prior to his signing
				any sales document. It is sufficient disclosure to clearly post the information
				on the vehicle for sale.
7. Sales
				Document. "Sales document" means the first document which a seller or any
				retailer uses to evidence an order for, deposit towards, or contract for the
				purchase by a customer of a motor vehicle, optional equipment, or service
				repair contract.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 105 - TRADE PRACTICES IN THE SALE OF NEW MOTOR VEHICLES › Section 239-105-2 - Misrepresentation of Charges

Current through 2024-29, July 17, 2024
It is prima facie evidence of an unfair trade practice for a
				  dealer to misrepresent, directly or indirectly, the service, product or extra
				  charge for which payment is requested or listed.
Comment
A dealer misrepresentation which could violate this rule
				  occurs when a dealer asks or lists an extra charge for preparation services
				  that the franchiser already reimburses him for. A dealer who wishes to simply
				  ask for more than the Monroney "sticker" price (the manufacturer's suggested
				  retail price), but is not charging for a specific service or product, can label
				  this higher price with a phrase such as "Dealer's Asking Price." Rule 105.2
				  would be violated if, when questioned on what the "Dealer's Asking Price"
				  meant, the dealer told a customer it was for preparation services. The dealer
				  must disclose the truth (i.e., the charges represents additional dealer
				  profit).
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 105 - TRADE PRACTICES IN THE SALE OF NEW MOTOR VEHICLES › Section 239-105-3 - Disclosure of Extra Charges

Current through 2024-29, July 17, 2024
It is prima facie evidence of an unfair trade practice for a
				  dealer to fail to disclose the reason for and amount of each service, product
				  or extra charge.
For the dealer to accurately disclose an extra charge, it
				  must post on the vehicle or give in writing to the prospective customer, before
				  any sales document is signed, a clear description of each separate service,
				  product or extra charge. If an extra charge is for services, then each specific
				  service and its price must be disclosed.
Comment
This rule expresses the basic disclosure principle that
				  prospective purchasers should be told the total amount and reason for each
				  charge on a new car.
If a dealer charges extra for vehicle preparation services,
				  he must list each separate service he is charging for (e.g., waxing the
				  vehicle, filling up the gas tank) and its price. If a dealer wishes simply to
				  ask for more than the Monroney sticker price, but is not charging for a
				  specific product or service, then this rule would be satisfied by labeling this
				  higher price with a phrase such as "Dealer's Asking Price."
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 105 - TRADE PRACTICES IN THE SALE OF NEW MOTOR VEHICLES › Section 239-105-4 - Optional Equipment Added Prior to Sale

Current through 2024-29, July 17, 2024
Whenever optional equipment has been added to a new vehicle
				  prior to a purchaser signing a sales document for that vehicle, it is prima
				  facie evidence of an unfair trade practice for a dealer to fail to post on the
				  vehicle:
A. The name of each item
				added;
B. The price of each item;
				and
C. The following notice:
Under Maine law, you may not be required to purchase options,
				  accessories, or special features as a condition of sale of any motor
				  vehicle.
Comment
This rule describes a dealer's "minimal" obligation under 10
				  M.R.S.A. §1174, sub-§ 4A. This rule does not foreclose the
				  possibility of a dealer illegally "tying" dealer added options to the sale of a
				  vehicle. A tying arrangement is one in which a seller conditions the sale of
				  one product on the purchase of another product. For example, if a seller of new
				  vehicles requires a purchaser to buy a roof rack in order to be able to buy the
				  vehicle that purchaser wants, the sale of the vehicle has been conditioned on
				  or "tied" to the sale of the roof rack. Ties are illegal when the seller has
				  significant economic power in the market for the major product (the vehicle)
				  and when the market for the lesser or "tied" product (the roof rack) is also
				  substantially affected. Therefore, in this example, if the dealer had a
				  significant share of the market for that particular vehicle in his area of the
				  State and the tying arrangement had a significant impact on the sale of roof
				  racks by other regular sellers of roof racks in the area, it would constitute
				  an illegal tie under the antitrust laws.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 105 - TRADE PRACTICES IN THE SALE OF NEW MOTOR VEHICLES › Section 239-105-5 - Dealer Options and the Disclosure of Manufacturer Warranties

Current through 2024-29, July 17, 2024
When selling optional equipment or repair service contracts,
				  it is prima facie evidence of an unfair trade practice for any dealer or
				  retailer to fail to make the following disclosures prior to the customer
				  signing a sales document:
A.
				Disclosures of any manufacturer express warranties that provide the same or
				similar protection as the optional equipment or service contract being sold by
				the dealer or retailer: and
B.
				Disclosure that Maine law provides purchasers of new cars with an implied
				warranty in addition to the manufacturer's express warranty. The implied
				warranty rights and the remedies thereunder cannot be modified or excluded.
Comment
Under this rule dealers or retailers of optional equipment or
				  service contracts must disclose any related implied or express warranties that
				  would already be held by the owner of a vehicle. For example, before selling a
				  customer rustproofing protection with 5 year rustproofing warranty, a dealer or
				  retailer must inform the customer if his vehicle already carries a 3 year
				  manufacturer's rust protection warranty. Similarly, before selling a customer a
				  multi-year repair service contract, a dealer or retailer must disclose to a
				  customer the existence of the implied warranty of merchantability that is
				  established in Maine law.
An acceptable dealer disclosure of Maine's implied warranty
				  law would read as follows: "Maine law gives you a warranty against defects in
				  this vehicle. This Maine warranty is in addition to the manufacturer's express
				  warranty and cannot be limited by the dealer or manufacturer."
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 105 - TRADE PRACTICES IN THE SALE OF NEW MOTOR VEHICLES › Section 239-105-6 - Quality of Rustproofing

Current through 2024-29, July 17, 2024
It is prima facie evidence of an unfair trade practice for a
				  dealer who rustproofs. vehicles, to fail to apply rustproofing or other
				  protective coatings, to the entire surface of each area recommended as needing
				  protection by the protective coating manufacturer.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 105 - TRADE PRACTICES IN THE SALE OF NEW MOTOR VEHICLES › Section 239-105-7 - Advertising

Current through 2024-29, July 17, 2024
It is prima facie evidence of an unfair trade practice for a
				  dealer to advertise a motor vehicle for sale and to then refuse to sell it or
				  refuses to sell it at the advertised price.
It is prima facie evidence of an unfair trade practice for a
				  dealer to state in an advertisement a particular vehicle's price or a specific
				  cash discount, unless the advertisement also states the year, make, model,
				  sub-model, and series of the advertised vehicle.
Comment
It can be an unfair trade practice for a dealer to advertise
				  a motor vehicle at one price and then refuse to sell that vehicle unless the
				  purchaser pays extra charges for optional equipment. Under this rule, a dealer
				  cannot be held responsible for advertised offers by franchisers or
				  manufacturers that it did not agree to participate in.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 105 - TRADE PRACTICES IN THE SALE OF NEW MOTOR VEHICLES › Section 239-105-8 - Orders

Current through 2024-29, July 17, 2024
It is prima facie evidence of an unfair trade practice if a
				  dealer refuses to take orders or unreasonably discourages orders, for motor
				  vehicles advertised by it as generally available or refuses to take orders
				  except at a price that is greater than the advertised price.
It is prima facie evidence of an unfair trade practice for a
				  dealer to advertise a vehicle available when it does not currently have such a
				  vehicle in stock.
Comment
A dealer can avoid violating this rule by stating in its
				  advertisements the exact number of vehicles in stock at the dealership. It
				  would be improper to advertise vehicles as "available" when the vehicles
				  advertised are not in stock at the dealership but merely on order or expected
				  as part of a delivery in the future. Under this rule, a dealer cannot be held
				  responsible for advertised offers by franchisers or manufacturers that it did
				  not agree to participate in.
Code of Maine Rules › 26 - DEPARTMENT OF THE ATTORNEY GENERAL › 239 - DEPARTMENT OF ATTORNEY GENERAL - GENERAL › Chapter 106 - RULES FOR ADMINISTERING STATE LEMON LAW ARBITRATION › Section 239-106-1 - PURPOSE AND DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Purpose
. These Rules are promulgated pursuant to the "Maine Lemon
				Law," 10 M.R.S.A. §1169(3) [hereinafter referred to as "Lemon Law"]. They
				set forth the procedures for state-certified motor vehicle Lemon Law
				arbitration as required by that law. These Rules are designed to promote the
				speedy, efficient, and fair disposition of disputes arising out of defective
				motor vehicles.
B.
Definitions
. Unless otherwise stated, terms used in these
				regulations are as defined or used in the Maine Lemon Law, 10 M.R.S.A.
				§§1161 - 1169.
1. "Arbitrator"
				means the arbitrator selected by the Attorney General to conduct
				state-certified motor vehicle arbitrations.
2. "Business day" means any day during which
				the service department of the authorized dealer of the manufacturer is normally
				open for business.
3. "Decision's
				date of issuance" means the date the arbitrator mails the written decision to
				the parties, plus 3 days for mail delivery. For example, if a party appeals the
				arbitrator's decision the appeal must be filed within 24 days after the
				decision's mailing date.
4.
				"Documents" means, but is not limited to, relevant manufacturer's service
				bulletins, technical reports or notices, work or repair orders, diagnoses,
				bills, and all communications relating to the consumer's claim.
5. "Lease payments" means the total of the
				lease payments made by the consumer, including any down payment or any trade-in
				allowance that was part of the lease contract and any security
				deposit.
6. "Lemon Law term of
				protection" means the term of the manufacturer's express warranties, or the
				period of three years following the date of original delivery of the motor
				vehicle to the original consumer buyer or lessee, or during the first 18,000
				miles of operation, whichever is the earliest date.
7. "Motor vehicle" means a new or used motor
				vehicle which meets the Lemon Law definition at 10 M.R.S.A. §1161(3) and
				which is owned or leased by a consumer who meets the Lemon Law definition at 10
				M.R.S.A. §1161(1).
8. "Total
				purchase price" means the total price charged the consumer by the dealer prior
				to subtracting any rebates or deposits or any credits or allowances for any
				trade-in vehicles, and including the cost of all options and services (e.g.,
				air-conditioning, rustproofing) added to the price of the motor
				vehicle.