| For purposes of this subsection, "telecommunications provider" | means a local exchange carrier, a commercial mobile radio | service provider, as defined in 47 United States Code, Section | 332(d), an employee of a local exchange carrier or commercial | mobile radio service provider acting within the scope of the | employee's employment or an agent of a local exchange carrier | or commercial mobile radio service provider acting within the | scope of the agent's agency. |
|
| | 3.__State agency duties.__A state agency that issues a | license to a state licensee shall receive and investigate | complaints concerning violations of this subchapter by the | licensee, may assess an administrative penalty not to exceed | $1,000 for each violation and may order restitution of any | monetary damages of the complainant.__In addition, if the | agency finds that the licensee willfully or knowingly violated | this subchapter, the agency may suspend or revoke the | licensee's license.__All administrative fees collected | pursuant to this subsection accrue to the Department of the | Attorney General for use by the Attorney General for | enforcement and administration of this subchapter. |
|
| | 4.__Consumer cause of action.__A consumer may bring a cause | of action against a telemarketer as provided in this | subsection. |
|
| A.__A consumer on the Maine do-not-call list may bring a | civil action based on the 2nd or a subsequent violation of | section 14756 if: |
|
| (1)__The consumer has notified the telemarketer of | the alleged violation and, not later than the 30th | day after the date of the call, files a verified | complaint setting forth the relevant facts | surrounding the violation with the Attorney General | or a state agency that licenses the person making the | call; and |
|
| (2)__The Attorney General or a state agency receiving | the complaint fails to initiate an administrative | action or a civil enforcement action, as appropriate, | against the telemarketer named in the complaint | before the 121st day after the date the complaint is | filed. |
|
| If the consumer brings an action based on a violation of | section 14756 and the court finds that the defendant | willfully or knowingly violated section 14756, the court | may award damages in an amount not to exceed $500 for each | violation. |
|
| B.__Notwithstanding this subsection or subsection 2 or 3, | a consumer may bring a private right of action based on a | violation of section 14752, 14753 or 14754: |
|
|