Title 9-A, Title 9-A

To the extent practicable, sales of insurance products authorized by this Part must take place in a manner that minimizes customer confusion between any noninsurance product offered by the supervised lender or its affiliates and those insurance products. A supervised lender, or i…

The Superintendent of Financial Institutions, the Superintendent of Insurance and the Superintendent of Consumer Credit Protection may undertake joint rulemaking, pursuant to this section, Title 9‑B, section 448, subsection 5 and Title 24‑A, section 1443‑A, subsection 3 to carry …

This Article shall be known and may be cited as the "Maine Consumer Credit Code -- Remedies and Penalties."

This Part applies to actions or other proceedings to enforce rights arising from consumer credit transactions; and, in addition, to extortionate extensions of credit, section 5‑107.

1. This section applies to any consumer credit sale of goods or services and to any supervised loan. 2. If a creditor takes possession of or voluntarily accepts surrender of goods in which that creditor has a security interest to secure a debt and the amount financed is $2,800 or…

Prior to entry of judgment in an action against the consumer for debt arising from a consumer credit transaction, the creditor may not obtain an interest in any property of the debtor by attachment, garnishment or like proceedings.

1. For the purposes of this Part: A. "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld; and [PL 1973, c. 762, §1 (NEW).] B. "Garnishment" means an installment payment …

No employer shall discharge an employee for the reason that a creditor of the employee has subjected or attempted to subject unpaid earnings of the employee to garnishment or like proceedings directed to the employer for the purpose of paying a judgment arising from a consumer cr…

1. If it is the understanding of the creditor and the consumer at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation or property of…

1. With respect to a consumer credit transaction, if the court as a matter of law finds: A. The agreement to have been unconscionable at the time it was made, or to have been induced by unconscionable conduct, the court may refuse to enforce the agreement; or [PL 1973, c. 762, §1…

An agreement of the parties to a consumer credit transaction with respect to default on the part of the consumer is enforceable only to the extent that: [PL 1973, c. 762, §1 (NEW).] 1. The consumer fails to make a payment as required by agreement; or 2. The prospect of payment, p…

1. With respect to a consumer credit transaction, after a consumer has been in default for 10 days for failure to make a required payment and has not voluntarily surrendered possession of goods that are collateral, a creditor may give the consumer the notice described in this sec…

1. With respect to a consumer credit transaction, except as provided in subsection 2, after a default consisting only of the consumer's failure to make a required payment, a creditor, because of that default, may neither accelerate maturity of the unpaid balance of the obligation…

Upon default by a consumer, unless the consumer voluntarily surrenders possession of the collateral to the creditor, the creditor may take possession of the collateral without judicial process only if possession can be taken without entry into a dwelling, unless such entry has be…

An action against a consumer arising from a consumer credit transaction shall be brought in any county or division of the consumer's residence, section 1‑201, subsection 6, in the county or division in which the transaction was made or where an interest in land secures the consum…

At any time after the entry of a judgment in favor of a creditor against a consumer in an action arising from a consumer credit transaction, the court, for cause and upon motion of a party or on its own motion, may, while such court retains jurisdiction, stay enforcement of the j…

A creditor or a person acting for a creditor may not induce a consumer to enter into a consumer credit transaction by misrepresentation of a material fact with respect to the terms and conditions of the extension of credit. A consumer so induced may rescind the sale, lease or loa…

1. In attempting to collect an alleged debt arising from a consumer credit sale, consumer lease or consumer loan, a person shall not: A. Use or threaten force or violence; [PL 1973, c. 762, §1 (NEW).] B. Threaten criminal prosecution; [PL 1973, c. 762, §1 (NEW).] C. Disclose or t…

1. Definition of "health care provider." For purposes of this section, "health care provider" means a physician, health care practitioner, hospital, clinic, clinical laboratory, health care facility or other person or facility that provides health care services and is licensed or…

A seller may not: [PL 1991, c. 524, §1 (NEW).] 1. Misrepresentations. Misrepresent any material fact relating to the terms or conditions of sale; 2. False impressions. Create an impression that is false or the seller does not believe to be true; and 3. False promises. Promise per…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Automated clearinghouse" means the nationwide electronic funds transfer system that provides for an interbank exchange of either checks or automat…

1. If a creditor has violated the provisions of this Act applying to collection of excess charges or enforcement of rights, section 1‑201, subsection 5, waiver clauses, section 1‑107, use of multiple agreements, section 3‑304, certain negotiable instruments, section 3‑307, assign…

Refunds or penalties to which the consumer is entitled pursuant to this Part may be set off against the consumer's obligation, and may be raised as a defense to a suit on the obligation without regard to the time limitations prescribed by this Part.

Any creditor, any officer or employee of a creditor, or any other person who wilfully and knowingly violates any of the provisions of this Act, or directly or indirectly counsels, aids or abets such violation, shall be punished by a fine of not more than $2,500 for each offense, …

This Article shall be known and may be cited as the "Maine Consumer Credit Code -- Administration."

This Part applies to persons who in this State: [PL 1973, c. 762, §1 (NEW).] 1. Make or solicit consumer credit transactions; or 2. Directly collect payments from or enforce rights against consumers arising from consumer credit transactions, wherever they are made.

There is created and established the Bureau of Consumer Credit Protection within the Department of Professional and Financial Regulation. The Superintendent of Consumer Credit Protection is the head of the Bureau of Consumer Credit Protection. As used in this Act, and except as p…

1. In addition to other powers granted by this Act, the administrator within the limitations provided by law may: A. Receive and act on complaints, take action designed to obtain voluntary compliance with this Act, or refer cases to the Attorney General who shall appear for and r…

1. With respect to supervised financial organizations, all powers of the administrator under this Act must be exercised by the Superintendent of Financial Institutions. 2. 3. An administrator, as defined in section 1‑301, subsection 2, and any official or agency of this State hav…

For the purposes of participating in the establishment and implementation of a uniform multistate automated licensing system, referred to in this section as "the system," for loan brokers, supervised lenders that are not supervised financial organizations and individual mortgage …

1. The administrator may, at any time, but not more frequently than once every 3 months, conduct an examination or make an investigation of any person the administrator believes has engaged in conduct governed by this Act. For these purposes, the administrator must have free and …

Except as otherwise provided, an administrative action taken by the administrator pursuant to this Article or the Part on supervised lenders, Part 2, of the Article on Finance Charges, Article II, may be taken under Part on Administrative Procedure and Judicial Review, Part 4, of…

1. After notice and hearing, the administrator may order any person to cease and desist from engaging in violations of this Act or any lawful regulation issued by the administrator and may further order that the person take appropriate corrective action to reimburse consumers in …

If it is claimed that a person has engaged in conduct which could be subject to an order by the administrator, section 6‑108, or by a court, sections 6‑110 to 6‑112, the administrator may accept an assurance in writing that the person will not engage in the same or in similar con…

The administrator, through the Attorney General, may bring a civil action to restrain any person from violating this Act. [PL 1975, c. 134, §3 (AMD).] In such an action, the court may make such orders or judgments as may be necessary to prevent the use or employment by a person o…

1. The administrator, through the Attorney General, may bring a civil action to restrain a creditor or a person acting on a creditor's behalf from engaging in a course of: A. Making or enforcing unconscionable terms or provisions of consumer credit transactions; [PL 1973, c. 762,…

With respect to an action brought to enjoin violations of the Act, section 6‑110, or unconscionable agreements or fraudulent or unconscionable conduct, section 6‑111, the administrator, through the Attorney General, may apply to the court for appropriate temporary relief against …

1. After demand, the administrator, through the Attorney General, may bring a civil action against a creditor for any violation listed in section 5‑201 or for a violation of Article 8‑A. An action may relate to transactions with more than one consumer. If it is found that the cre…

The grant of powers to the administrator in this Article does not affect remedies available to consumers under this Act or under other principles of law or equity.

The administrator, through the Attorney General, may bring actions or proceedings in a court in a county or division in which an act on which the action or proceeding is based occurred or in a county or division in which respondent resides or transacts business.

The following records of the Bureau of Consumer Credit Protection shall be confidential, unless those records become part of the record of a judicial proceeding or administrative hearing: [PL 1995, c. 309, §26 (AMD); PL 1995, c. 309, §29 (AFF); PL 2007, c. 273, Pt. B, §5 (REV); P…

1. The administrator may employ and engage experts, professionals or other personnel of other state or federal regulatory agencies as may be necessary to assist the administrator in carrying out the regulatory functions of this Act. The administrator may contract agency staff to …

This Part applies to a person engaged in this State in entering into consumer credit transactions and to a person having an office or place of business in this State who takes assignments of or undertakes direct collection of payments from or enforcement of rights against debtors…

1. Persons subject to this Part shall file notification with the administrator before commencing business in this State, and, annually thereafter, on or before January 31st or an alternate date established by the administrator. The notification filings must be made to the adminis…

1. A person required to file notification shall at the time the person files such notification pay to the administrator an annual fee of $20 for that year and an annual fee of $10 for each branch thereof. 2. Persons required to file notification who are sellers, lessors or lender…

1. The administrator may impose a penalty of $5 per day on any person failing to comply with the requirements of sections 6‑106, subsection 6; 6‑202 and 6‑203. 2. No penalty may be imposed if the fees required by section 6‑203, subsections 1 to 3, are paid not more than 30 days a…