Maine Revised Statutes Title 32 Sec. 14716 – Telemarketers
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1. Incorporation of federal standards. Violation of any provision of the Federal Trade Commission’s Telemarketing Sales Rule, Title 16 of the Code of Federal Regulations, Part 310, as in effect on January 1, 2000, by a transient seller of consumer merchandise is a violation of this subchapter.
[PL 2001, c. 324, §12 (NEW).]
Terms Used In Maine Revised Statutes Title 32 Sec. 14716
- 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
- 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
- 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. Additional prohibitions. A transient seller of consumer merchandise who is a telemarketer, as defined in the Federal Trade Commission’s Telemarketing Sales Rule, 16 C.F.R. § 310.2, as in effect on January 1, 2000, and who initiates telephone contact with a consumer may not procure the services of any professional delivery courier or other pick-up service to obtain immediate receipt or possession of a consumer’s payment, unless the goods are delivered with the opportunity to inspect before any payment is collected.
[PL 2001, c. 324, §12 (NEW).]
3. Do-not-call list.
[PL 2007, c. 227, §3 (RP).]
4. Other applicable law. A transient seller of consumer merchandise who is a telemarketer, as defined in the Federal Trade Commission’s Telemarketing Sales Rule, 16 C.F.R. § 310.2, as in effect on January 1, 2000, is subject to and shall comply with the provisions of chapter 69, subchapter V.
[PL 2001, c. 324, §12 (NEW).]
SECTION HISTORY
PL 2001, c. 324, §12 (NEW). PL 2007, c. 227, §3 (AMD).