The authorized person within the department shall rescind the right of a transient seller of consumer merchandise to waive a security deposit upon occurrence of any of the following: [PL 2001, c. 324, §12 (NEW).]
1. Conviction for theft or fraudulent business practices. The transient seller of consumer merchandise or any employee is convicted of a theft offense or fraudulent or deceptive business practice;

[PL 2001, c. 324, §12 (NEW).]

Terms Used In Maine Revised Statutes Title 32 Sec. 14710

  • Consumer: means any person who purchases or contracts for the purchase of merchandise for any purpose except resale in the ordinary course of trade or business. See Maine Revised Statutes Title 32 Sec. 14701
  • Conviction: A judgement of guilt against a criminal defendant.
  • Department: means the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 32 Sec. 14701
  • Employee: means any independent contractor, agent or person working for a salary or commission. See Maine Revised Statutes Title 32 Sec. 14701
  • Merchandise: includes any objects, wares, goods, promises, commodities, intangibles, services or other things of value but does not include food or technical or vocational schools located outside of the State that are registered pursuant to Title 20?A, section 9501. See Maine Revised Statutes Title 32 Sec. 14701
  • Person: includes natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations and any other legal entities. See Maine Revised Statutes Title 32 Sec. 14701
  • transient seller: means any person who engages in the business of selling merchandise to consumers by means of personal contact or telephone contact, whether or not the seller is present in the State at the time of the contact or the time of sale, and who does not have, for the purposes of carrying on such business, any permanent place of business within this State. See Maine Revised Statutes Title 32 Sec. 14701
2. Failure to defend action under Title 5, chapter 10. The transient seller of consumer merchandise or any employee fails to successfully defend any action brought against it under Title 5, chapter 10; or

[PL 2001, c. 324, §12 (NEW).]

3. Failure to negotiate consumer complaints. The transient seller of consumer merchandise or any employee fails to negotiate consumer complaints filed against it with the Attorney General.

[PL 2001, c. 324, §12 (NEW).]

SECTION HISTORY

PL 2001, c. 324, §12 (NEW).