|
(1)__To enjoin the violation; or |
|
| (2)__For damages in an amount equal to the person's | actual monetary loss from the violation or $500 for | each violation, whichever is greater. |
|
| If the court finds that the defendant willfully or | knowingly violated section 14752, 14753 or 14754, the | court may increase the amount of the award to an amount | equal to not more than 3 times the amount available under | subparagraph (2). |
|
| | 5.__Venue.__Venue for an action based on a violation of this | subchapter is in the county where the telemarketing call was | made or received or, if brought by the Attorney General or a | state agency, in Kennebec County. |
|
| | 6.__Determination of penalties.__The amount of a civil or | administrative penalty imposed under this section must be | based on: |
|
| A.__The seriousness of the violation, including the | nature, circumstances, extent and gravity of the | violation; |
|
| B.__The history of previous violations; |
|
| C.__The amount necessary to deter a future violation; |
|
| D.__Efforts to correct the violation; and |
|
| E.__Any other matter that justice may require. |
|
| | The Attorney General shall adopt rules to administer this | subchapter.__Rules adopted pursuant to this section are major | substantive rules as defined in Title 5, chapter 375, | subchapter 2-A.__The rules must: |
|
| | 1.__Information dissemination.__Require each local exchange | telephone company to inform its customers of the requirements | of this subchapter by annual inserts in billing statements | mailed to customers or conspicuous publication of the notice | in the consumer information pages of local telephone | directories or other appropriate notice to consumers.__The | Attorney General may conduct educational programs designed to | inform the public of their rights and telemarketers of their | obligations under this subchapter; |
|
|