LD 1360
pg. 2
Page 1 of 14 An Act To Create a No-contact List and Prohibit Unsolicited E-mail Page 3 of 14
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LR 1206
Item 1

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

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

 
9.__Maine no-contact list.__"Maine no-contact list" means
the list compiled pursuant to section 14755 by the Attorney
General of names, addresses, telephone numbers and e-mail
addresses of consumers in this State who object to receiving
unsolicited telemarketing calls and unsolicited commercial e-
mail.

 
10.__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.

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

 
12.__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 no-contact list in which the
consumer's telephone number appears is published and
one year after the date of termination;

 
C.__Between a telemarketer and a business, other than by a
facsimile solicitation, unless the business informed the
telemarketer that the business does not wish to receive
telemarketing calls from the telemarketer;


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