Maine Revised Statutes Title 35-A Sec. 2706 – Civil liability for utility services wrongfully obtained
Current as of: 2023 | Check for updates
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A person may not obtain utility services by deception, threat or force or any other means designed to avoid due payment for the services that the person knows are available only for compensation and a person may not, having control over the disposition of utility services of another to which the person knows the person is not entitled, divert such utility services to the person’s own benefit or to the benefit of some other person who the person knows is not entitled to the utility services. A person who violates this section is liable in a civil action to the utility providing the service for: [PL 2007, c. 553, §2 (NEW).]
1. Cost of service. The cost of the utility services wrongfully obtained or diverted plus interest on the value of those services based on an annual interest rate of 5%;
[PL 2007, c. 553, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 2706
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Person: includes a corporation, partnership, limited partnership, limited liability company, limited liability partnership, association, trust, estate, any other legal entity or natural person. See Maine Revised Statutes Title 35-A Sec. 102
2. Other costs. All other reasonable costs to the utility, including attorney’s fees and costs of undertaking and completing the investigation resulting in a determination of liability under this section; and
[PL 2007, c. 553, §2 (NEW).]
3. Civil penalty. A civil penalty not to exceed $3,000 due and payable to the utility for each violation of this section.
[PL 2021, c. 318, §9 (AMD).]
A person who is liable under this section may not pass on the cost of that liability, including any civil penalty assessed, to any tenants of that person who received diverted or wrongfully obtained utility services due to the actions of the liable person. [PL 2007, c. 553, §2 (NEW).]
SECTION HISTORY
PL 2007, c. 553, §2 (NEW). PL 2021, c. 318, §9 (AMD).