LD 1317
pg. 7
Page 6 of 11 An Act To Strengthen Maine's "Do Not Call" List Page 8 of 11
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LR 128
Item 1

 
4.__Fee; fund.__The Attorney General may charge a person a
reasonable amount not to exceed $3 for a request to place a
telephone number on the Maine do-not-call list or to renew an
entry on the list.__Fees collected under this subsection must
be deposited into a fund maintained in the Department of the
Attorney General for use by the Attorney General for
enforcement and administration of this subchapter.

 
5.__Request form.__The Attorney General shall develop and
make available a form to be used by consumers to request to be
on the Maine do-not-call list and shall provide a toll-free
telephone number and Internet e-mail address that persons may
use to order a copy of the form.__A private for-profit
publisher of a residential telephone directory that is
distributed to the public at minimal or no cost must include
in the directory a prominently displayed toll-free number and
Internet e-mail address established by the Attorney General
through which a person may order a copy of the form.

 
§14756.__Telemarketing calls to persons on Maine do-not-call
list

 
A telemarketer may not make a telemarketing call to a
telephone number that has been published on the Maine do-not-
call list more than 60 days after the telephone number appears
on the Maine do-not-call list.

 
§14757.__Penalties

 
1.__Presumption of adverse effect.__For purposes of this
section, a consumer on the Maine do-not-call list is presumed
to be adversely affected by a telemarketer who calls the
consumer more than once.

 
2.__Attorney General's duties.__Except as provided in
subsection 3, the Attorney General shall receive and
investigate complaints concerning violations of this
subchapter and file civil enforcement actions seeking
injunctive relief, attorney's fees and civil penalties in an
amount not to exceed $1,000 for each violation.__If the court
finds the defendant willfully or knowingly violated this
subchapter, the court may increase the amount of the civil
penalties to an amount not to exceed $3,000 for each
violation. A violation of this subchapter is subject to
enforcement action by the Attorney General's consumer
protection division.__If the complaint alleges that the person
violating this subchapter is a telecommunications provider,
the Attorney General has exclusive jurisdiction,
notwithstanding subsection 3, over the violation alleged in
the complaint, except that this does not affect the right of a
consumer to bring an action under subsection 4.


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