§ 11-101 Short title
§ 11-102 Purpose; rules of construction
§ 11-103 Supplementary general principles of law applicable
§ 11-104 Application
§ 11-105 Definitions
§ 11-106 Inapplicability of other laws; exempt transactions
§ 11-107 General requirements of disclosure
§ 11-108 Disclosure
§ 11-109 Prohibited practices
§ 11-110 Calculation of late charges
§ 11-111 Allowable charges
§ 11-112 Default; notice of default and right to cure
§ 11-113 Reinstatement
§ 11-114 Consumer’s right to acquire ownership when 50% of payments equals cash price
§ 11-115 Liability damage waivers; fees
§ 11-116 Receipts and accounts
§ 11-117 Renegotiations and extensions
§ 11-118 Advertising and point-of-sale disclosure
§ 11-119 Collection activity
§ 11-120 Enforcement; penalties
§ 11-121 Effective date
§ 11-122 Privacy of consumer financial information

Terms Used In Maine Revised Statutes > Title 9-A > Article 11 - Rental-Purchase Practices

  • Administrator: means the Superintendent of Consumer Credit Protection within the Department of Professional and Financial Regulation. See Maine Revised Statutes Title 10 Sec. 1308
  • Administrator: means the administrator designated in Article VI, section 6?103. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Advertisement: means a commercial message in any medium that directly or indirectly aids, promotes or assists a rental-purchase agreement, but does not include in-store merchandising aids such as window signs and ceiling banners. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Cash price: means the price for which the merchant would sell the property to the consumer for cash on the date of the rental-purchase agreement. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1
  • Commissions: means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the amount of orders or sales. See Maine Revised Statutes Title 10 Sec. 1341
  • 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: means an individual who rents personal property under a rental-purchase agreement used primarily for personal, family or household purposes. See Maine Revised Statutes Title 9-A Sec. 11-105
  • 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
  • Consummation: means the time at which a consumer becomes contractually obligated under a rental-purchase agreement for personal property used primarily for personal, family or household purposes. See Maine Revised Statutes Title 9-A Sec. 11-105
  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Debt: means an obligation or alleged obligation of a consumer to surrender or return rental property or pay money arising out of a rental-purchase agreement. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1
  • Encryption: means the disguising of data using generally accepted practices. See Maine Revised Statutes Title 10 Sec. 1347
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Information broker: means a person who, for monetary fees or dues, engages in whole or in part in the business of collecting, assembling, evaluating, compiling, reporting, transmitting, transferring or communicating information concerning individuals for the primary purpose of furnishing personal information to nonaffiliated 3rd parties. See Maine Revised Statutes Title 10 Sec. 1347
  • Kindergarten: means a one-year or 2-year childhood education program, for children at least 5 years of age, immediately prior to grade one. See Maine Revised Statutes Title 20-A Sec. 1
  • Location information: means a consumer's place of residence and the consumer's telephone numbers at that location and at the consumer's place of employment. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Merchant: means a person who regularly provides the use of property through rental-purchase agreements and to whom rental payments are initially payable on the face of the rental-purchase agreement. See Maine Revised Statutes Title 9-A Sec. 11-105
  • merchant cost: means the bona fide actual cost, including freight charges, of the rental property paid by the merchant to a wholesaler, distributor, manufacturer or other provider, net of volume rebates, discounts or other incentives received by the merchant at the time the merchant purchased the item. See Maine Revised Statutes Title 9-A Sec. 11-105
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Notice: means :
A. See Maine Revised Statutes Title 10 Sec. 1347
  • Periodic payment: means the total payment the consumer will make for a specific rental period, including the rental payment, any administrative fees or delivery charges, taxes and fees or charges for optional products and services. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Person: as used in this chapter may not be construed to require duplicative notice by more than one individual, corporation, trust, estate, cooperative, association or other entity involved in the same transaction. See Maine Revised Statutes Title 10 Sec. 1347
  • Person subject to this chapter: means a person subject to the provisions of the federal Fair Credit Reporting Act and a consumer reporting agency. See Maine Revised Statutes Title 10 Sec. 1308
  • Personal information: means an individual's first name, or first initial, and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or redacted:
  • A. See Maine Revised Statutes Title 10 Sec. 1347
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Principal: means a person, partnership, corporation or other business entity that does not have a permanent or fixed place of business in this State and that:
  • A. See Maine Revised Statutes Title 10 Sec. 1341
  • Proper identification: means that information generally considered sufficient to identify a person. See Maine Revised Statutes Title 10 Sec. 1308
  • Protected consumer: means an individual who has not attained 16 years of age at the time a request for the placement of a security freeze is made. See Maine Revised Statutes Title 10 Sec. 1308
  • Public preschool program: means a program offered by a public elementary school pursuant to chapter 203 that provides instruction to children who are 4 years of age, including but not limited to a Head Start program that is approved as a component of the public preschool program. See Maine Revised Statutes Title 20-A Sec. 1
  • Public school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Rental payment: means a payment to be made by a consumer for the right of possession and use of rental property for a specific rental period, but does not include taxes imposed on such payment. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Rental period: means a week, month or other specific period of time during which the consumer has a right to possess and use the property after making the rental payment and applicable tax payment for such period. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Rental-purchase agreement: means an agreement for the use of personal property by an individual primarily for personal, family or household purposes for an initial period of 4 months or less that is automatically renewable with each payment after the initial period and that permits the consumer to become the owner of the property, but does not obligate or require the consumer to continue renting or using the property beyond the initial period. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Rental-purchase cost: includes rental payments and any initial administrative fees, but does not include taxes, delivery charges, late charges, payment pick-up fees or any optional charges or fees that meet the requirements of section 11?111, subsection 4. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Representative: means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. See Maine Revised Statutes Title 10 Sec. 1308
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Sales representative: means a person who:
  • A. See Maine Revised Statutes Title 10 Sec. 1341
  • School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1
  • School board: means the governing body with statutory powers and duties for a school administrative unit. See Maine Revised Statutes Title 20-A Sec. 1
  • security breach: means unauthorized acquisition, release or use of an individual's computerized data that includes personal information that compromises the security, confidentiality or integrity of personal information of the individual maintained by a person. See Maine Revised Statutes Title 10 Sec. 1347
  • Security freeze: means a notice placed in a consumer report at the request of the consumer pursuant to section 1310 that prohibits a consumer reporting agency from releasing the consumer report or any information in the report without that consumer's express authorization. See Maine Revised Statutes Title 10 Sec. 1308
  • Security freeze for a protected consumer: means :
  • A. See Maine Revised Statutes Title 10 Sec. 1308
  • Service of process: The service of writs or summonses to the appropriate party.
  • Sufficient proof of authority: includes , but is not limited to:
  • A. See Maine Revised Statutes Title 10 Sec. 1308
  • Sufficient proof of identification: includes , but is not limited to:
  • A. See Maine Revised Statutes Title 10 Sec. 1308
  • Superintendent: means the person in a school administrative unit or school union appointed and having the authority and responsibility under this Title and other applicable statutes. See Maine Revised Statutes Title 20-A Sec. 1
  • System: means a computerized data storage system containing personal information. See Maine Revised Statutes Title 10 Sec. 1347
  • total allocation: means the foundation allocation for a year, the debt service allocation for that year, the sum of all adjustments for that year and the total of the additional local appropriations for the prior year. See Maine Revised Statutes Title 20-A Sec. 15752
  • Total of payments to acquire ownership: includes any initial administrative fee, the total of all rental payments and taxes, but does not include delivery charges, late charges, payment pick-up fees or any optional charges or fees that meet the requirements of section 11?111, subsection 4. See Maine Revised Statutes Title 9-A Sec. 11-105
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Unauthorized person: means a person who does not have authority or permission of a person maintaining personal information to access personal information maintained by the person or who obtains access to such information by fraud, misrepresentation, subterfuge or similar deceptive practices. See Maine Revised Statutes Title 10 Sec. 1347
  • Venue: The geographical location in which a case is tried.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.