LD 1377
PUBLIC Law, Chapter 228

on - Session - 128th Maine Legislature
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An Act To Prohibit Posing as a Governmental Entity in Commerce

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 10 MRSA c. 229  is enacted to read:



§ 1500-H Posing as a governmental entity or agent in commerce

1 Definitions.   As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A "Governmental entity" means a unit, subdivision or entity of the Federal Government, the State, a county, a municipality or another state, including an agency, department, board, commission, bureau, division or military or public safety organization.
2 False representation of posing as a governmental entity or agent in commerce.   A person who is not an official, agent or representative of a governmental entity or who does not have express approval of a governmental entity may not in commerce:
A Represent, imply or otherwise cause a likelihood of confusion that the person is an official, agent or representative of a governmental entity in the sale, advertising for sale, marketing, offering, distribution or solicitation of any goods or services;
B Simulate a summons, complaint, jury notice, tax form or other judicial or administrative process or make an untrue statement that any good, service, advertisement or offer was sent or distributed by or has been approved, authorized or endorsed in whole or in part by a governmental entity;
C Use language or a symbol, logo, representation, statement, title, name, seal, emblem, insignia, trade or brand name, business or control tracking number, website, e-mail address or any other term or content that falsely represents or implies or otherwise causes a likelihood of confusion that any goods, services, advertisement or offer is from a governmental entity; or
D Offer a document that is available free of charge or at a lesser price from a governmental entity without conspicuously disclosing that availability in a manner that is clearly visible to a consumer.
3 Unfair trade practice.   A violation of this section constitutes an unfair or deceptive act or practice in violation of Title 5, chapter 10.

Effective 90 days following adjournment of the 128th Legislature, First Regular Session, unless otherwise indicated.

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