LD 1317
pg. 2
Page 1 of 11 An Act To Strengthen Maine's "Do Not Call" List Page 3 of 11
Download Bill Text
LR 128
Item 1

 
4.__Established business relationship.__"Established
business relationship" means a prior or existing relationship
of a person formed by a voluntary 2-way communication between
a person and a consumer, regardless of whether consideration
is exchanged, regarding consumer goods or services offered by
the person that has not been terminated by either party.

 
5.__Facsimile recording device.__"Facsimile recording
device" means any device capable of receiving a facsimile
transmission.

 
6.__Facsimile solicitation.__"Facsimile solicitation" means
a telemarketing call made by a transmission to a facsimile
recording device.

 
7.__Maine do-not-call list.__"Maine do-not-call list" means
the list compiled pursuant to section 14755 by the Attorney
General of names, addresses and telephone numbers of consumers
in this State who object to receiving unsolicited
telemarketing calls.

 
8.__State licensee.__"State licensee" means a person
licensed by a state agency under a law of this State that
requires the person to obtain a license as a condition of
engaging in a profession or business.

 
9.__Telemarketer.__"Telemarketer" means a person who makes
or causes to be made a telemarketing call.

 
10.__Telemarketing call.__"Telemarketing call" means an
unsolicited telephone call made to solicit a sale of a
consumer good or service, solicit an extension of credit for a
consumer good or service, or obtain information that may be
used to solicit a sale of a consumer good or service or to
extend credit for the sale.__"Telemarketing call" does not
include a call made:

 
A. By a consumer that is the result of a solicitation by a
seller or telemarketer or in response to general media
advertising by direct mail solicitations that clearly,
conspicuously and truthfully make all disclosures required
by federal or state law;

 
B.__In connection with:

 
(1)__An established business relationship; or

 
(2)__A business relationship that has been terminated, if the
call is made before the later of the date the first Maine do-
not-call list in which the consumer's


Page 1 of 11 Top of Page Page 3 of 11