Maine Revised Statutes Title 10 Sec. 1310-H – Additional state-specific provisions
Current as of: 2023 | Check for updates
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1. Fee for disclosure. In addition to any rights to which a consumer is entitled under federal law, a consumer reporting agency may not impose a fee for a consumer report provided to a consumer upon request once during any 12-month period. For a 2nd or subsequent report provided during a 12-month period, a consumer reporting agency may charge a consumer a fee not to exceed $5.
[PL 2013, c. 228, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 10 Sec. 1310-H
- Consumer: means an individual about whom a consumer report or an investigative consumer report has been prepared by a consumer reporting agency or an office of a consumer reporting agency. See Maine Revised Statutes Title 10 Sec. 1308
- Consumer reporting agency: means a person that, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports or investigative consumer reports to 3rd parties. See Maine Revised Statutes Title 10 Sec. 1308
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
2. Time to reinvestigate. Notwithstanding any provision of federal law, if a consumer disputes any item of information contained in the consumer’s file on the grounds that it is inaccurate and the dispute is directly conveyed to the consumer reporting agency by the consumer, the consumer reporting agency shall reinvestigate and record the current status of the information within 21 calendar days of notification of the dispute by the consumer, unless it has reasonable grounds to believe that the dispute by the consumer is frivolous.
[PL 2013, c. 228, §1 (NEW).]
2-A. Economic abuse. Except as prohibited by federal law, if a consumer provides documentation to the consumer reporting agency as set forth in Title 14, section 6001, subsection 6, paragraph H that the debt or any portion of the debt is the result of economic abuse as defined in Title 19?A, section 4102, subsection 5, the consumer reporting agency shall reinvestigate the debt. If after the investigation it is determined that the debt is the result of economic abuse, the consumer reporting agency shall remove any reference to the debt or any portion of the debt determined to be the result of economic abuse from the consumer’s credit report.
[PL 2021, c. 647, Pt. B, §4 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
3. Nonliability. A person may not be held liable for any violation of this section if the person shows by a preponderance of the evidence that at the time of the alleged violation the person maintained reasonable procedures to ensure compliance with the provisions of subsections 1, 2, 2?A and 4.
[PL 2021, c. 293, Pt. A, §16 (RPR).]
4. Reporting of medical expenses on a consumer report. Notwithstanding any provision of federal law, a consumer reporting agency shall comply with the following provisions with respect to the reporting of medical expenses on a consumer report.
A. A consumer reporting agency may not report debt from medical expenses on a consumer’s consumer report when the date of the first delinquency on the debt is less than 180 days prior to the date that the debt is reported. [PL 2019, c. 77, §2 (NEW).]
B. Upon the receipt of reasonable evidence from the consumer, creditor or debt collector that a debt from medical expenses has been settled in full or paid in full, a consumer reporting agency:
(1) May not report that debt from medical expenses; and
(2) Shall remove or suppress the report of that debt from medical expenses on the consumer’s consumer report. [PL 2019, c. 77, §2 (NEW).]
C. As long as the consumer is making regular, scheduled periodic payments toward the debt from medical expenses reported to the consumer reporting agency as agreed upon by the consumer and medical provider, the consumer reporting agency shall report that debt from medical expenses on the consumer’s consumer report in the same manner as debt related to a consumer credit transaction is reported. [PL 2019, c. 77, §2 (NEW).]
[PL 2019, c. 77, §2 (NEW).]
SECTION HISTORY
PL 2013, c. 228, §1 (NEW). PL 2019, c. 77, §§1, 2 (AMD). PL 2019, c. 407, §§1, 2 (AMD). PL 2021, c. 293, Pt. A, §16 (AMD). PL 2021, c. 647, Pt. B, §4 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF).