LD 686
pg. 6
Page 5 of 7 An Act To Amend the Maine Consumer Credit Code - Credit Services Organizations ... Page 7 of 7
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LR 654
Item 1

 
§10-305. Rulemaking

 
The administrator may adopt reasonable rules pursuant to the
Maine Administrative Procedure Act, Title 5, chapter 375, and in
accordance with this article governing credit services
organizations loan brokers.

 
Sec. 12. 9-A MRSA §10-306, as enacted by PL 2001, c. 262, Pt. A, §3,
is amended to read:

 
§10-306. Privacy of consumer financial information

 
A credit services organization loan broker shall comply with
the provisions of the federal Gramm-Leach-Bliley Act, 15 United
States Code, Section 6801 et seq. (1999) and the applicable
implementing federal Privacy of Consumer Information regulations,
as adopted by the Office of the Comptroller of the Currency, 12
Code of Federal Regulations, Part 40 (2001); the Board of
Governors of the Federal Reserve System, 12 Code of Federal
Regulations, Part 216 (2001); the Federal Deposit Insurance
Corporation, 12 Code of Federal Regulations, Part 332 (2001); the
Office of Thrift Supervision, 12 Code of Federal Regulations,
Part 573 (2001); the National Credit Union Administration, 12
Code of Federal Regulations, Part 716 (2001); the Federal Trade
Commission, 16 Code of Federal Regulations, Part 313 (2001); or
the Securities and Exchange Commission, 17 Code of Federal
Regulations, Part 248 (2001), if the credit services organization
loan broker is a financial institution as defined in those
regulations. This section is not intended to permit the release
of health care information except as permitted by Title 22,
section 1711-C or Title 24-A, chapter 24.

 
Sec. 13. 9-A MRSA §10-401, as amended by PL 1993, c. 495, §5, is
further amended to read:

 
§10-401. Effects of violations on rights of parties

 
Any credit services organization loan broker that violates any
provision of this Title or any rule issued by the administrator,
or that through any unfair, unconscionable or deceptive practice
causes actual damage to a consumer, is subject to the following:

 
1. After notice and hearing, a cease and desist order from
the administrator;

 
2. After notice and hearing, forfeiture of such portion of
the required bond as proportionately may make aggrieved parties
whole;


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