Title 10, Title 10

No person accepting a negotiable instrument as payment in full or in part for goods or services may require the payor to use a bank credit card as a form of identification if the payor does not possess a bank credit card. This section does not limit the other reasonable forms of …

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 261 (NEW).] 1. Credit card. "Credit card" has the same meaning as "accepted credit card," as defined in the Federal Truth in Lending Act, 15 United State…

When a travel agent furnishes travel services to a consumer and the consumer uses a credit card to obtain credit in the transaction, the provider of travel services for which the travel agent is an agent may not as the result of the use of the credit card impose a surcharge on or…

Any person injured as a result of a violation of section 1142 may seek damages and an injunction in a civil action. Any person likely to be injured by a violation of section 1142 may seek an injunction in a civil action. The court may award reasonable attorney's fees to the plain…

1. Writing and signature required. A borrower may not maintain an action upon any agreement to lend money, extend credit, forbear from collection of a debt or make any other accommodation for the repayment of a debt for more than $250,000 unless the promise, contract or agreement…

1. Electronically printed receipts. Except as provided in this section, a person, firm, partnership, association, corporation or limited liability company that accepts credit cards or debit cards for the transaction of business may not print more than the last 5 digits of the cre…

This chapter is known and may be cited as "the Truth in Music Advertising Act."

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 171, §1 (NEW).] 1. Performing group. "Performing group" means a vocal or instrumental group seeking to use the name of another group that has previously …

A person may not promote, advertise or conduct a live musical performance or production in this State through the use of a false, deceptive or misleading affiliation, connection or association between a performing group and a recording group unless: [PL 2007, c. 171, §1 (NEW).] 1…

1. Injunction. Whenever the Attorney General or a district attorney has reason to believe that a person is promoting, advertising or conducting or is preparing to promote, advertise or conduct a live musical performance or production in violation of section 1158 and that proceedi…

In addition to any other relief that may be granted under section 1159, a person who violates section 1158 commits a civil violation for which a fine of not less than $500 per violation may be adjudged. Each performance or production advertised or conducted in violation of sectio…

This chapter does not apply to any nonprofit corporation incorporated under the laws of this State and subject to the provisions of Title 13, chapter 81 or 93 or the Maine Nonprofit Corporation Act.

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 145 (NEW).] 1. Consumer. "Consumer" means the purchaser, other than for purposes of resale, or the lessee, of a motor vehicle, any person to whom the mot…

This chapter may be known and cited as "the Maine Lemon Law."

1. Consumer rights. Nothing in this chapter in any way limits the rights or remedies which are otherwise available to a consumer under any other law. 2. Manufacturers, distributors, agents and dealers. Nothing in this chapter in any way limits the rights or remedies of franchisee…

1. Repair of nonconformities. If a motor vehicle does not conform to all express warranties, the manufacturer, its agent or authorized dealer shall make those repairs necessary to conform the vehicle to the express warranties if the consumer reports the nonconformity to the manuf…

It is an affirmative defense to any claim under this chapter that: [PL 1983, c. 145 (NEW).] 1. Lack of impairment. An alleged nonconformity does not substantially impair the use, safety or value of the motor vehicle; or 2. Abuse. A nonconformity is the result of abuse, neglect or…

If a manufacturer has established an informal dispute settlement procedure which complies in all respects with the provisions of 16 Code of Federal Regulations, Part 703, as from time to time amended, the provisions of section 1163, subsection 2, concerning refunds or replacement…

A violation of any of the provisions of this chapter shall be considered prima facie evidence of an unfair or deceptive trade practice under Title 5, chapter 10.

In the case of a consumer's successful action to enforce any liability under this chapter, a court may award reasonable attorney's fees and costs incurred in connection with the action.

For the purposes of this chapter only, the following apply to leases of new motor vehicles. [PL 1987, c. 359, §8 (NEW).] 1. Warranties. If express warranties are regularly furnished to purchasers of substantially the same kind of motor vehicles: A. Those warranties are deemed to …

1. Neutral motor vehicle arbitration. All manufacturers shall submit to state-certified motor vehicle arbitration if arbitration is requested by the consumer within 3 years from the date of original delivery to the consumer of a motor vehicle or within the term of the express war…

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings: [PL 1975, c. 573 (NEW).] 1. Distributor or wholesaler. "Distributor" or "wholesaler" means any person who sells or distributes new or used motor vehicles to mot…

A franchisor may not use any subsidiary corporation, affiliated corporation, other corporation in which it owns or controls more than 5% of the stock or other corporation, partnership, association or person to accomplish what would otherwise be prohibited conduct under this chapt…

1. License. Effective January 1, 1999, the Secretary of State may grant a manufacturer license under the following conditions. A. Except as provided by this section, a person may not engage in business or serve in the capacity of or act as a manufacturer or distributor without ob…

Any person who engages directly or indirectly in purposeful contacts within this State in connection with the offering or advertising for sale or has business dealings with respect to a motor vehicle within the State shall be subject to this chapter.

1. Civil remedies. Any franchisee or motor vehicle dealer who suffers financial loss of money or property, real or personal, or who has been otherwise adversely affected as a result of the use or employment by a franchisor of an unfair method of competition or an unfair or decept…

The following acts shall be deemed unfair methods of competition and unfair and deceptive practices. It shall be unlawful for any: [PL 1975, c. 573 (NEW).] 1. Damage to public. Manufacturer, factory branch, factory representative, distributor or wholesaler, distributor branch, di…

No new motor vehicle dealership may be established and no existing motor vehicle dealership may be relocated, except as follows. [PL 1981, c. 331, §7 (NEW).] 1. Notification. In the event that a manufacturer seeks to enter into a franchise establishing an additional new motor veh…

1. Liability of a new dealer after acceptance. Notwithstanding the terms, provisions or conditions of any agreement or franchise, the new motor vehicle dealer is solely liable for damages to new motor vehicles after acceptance from the carrier and before delivery to the ultimate …

1. Right of family member. The right of a designated family member to succeed in dealer ownership is governed by the following provisions. A. A designated family member of a deceased, incapacitated or retiring new motor vehicle dealer, which family member has been designated unde…

1. Compensation required. A manufacturer must compensate a motor vehicle dealer pursuant to 49 United States Code, Section 30116 (2016). A manufacturer is not required by this subsection to pay more than the total value of the affected new motor vehicle to a dealer. 2. Civil acti…

Every manufacturer shall specify to the dealer the delivery and preparation obligations of its motor vehicle dealers prior to delivery of new motor vehicles to retail buyers. The delivery and preparation obligations of its motor vehicle dealers and a schedule of the compensation …

If a motor vehicle franchisor requires or permits a motor vehicle franchisee to perform labor or provide parts in satisfaction of a warranty created by the franchisor, the franchisor shall properly and promptly fulfill its warranty obligations, in the case of motor vehicles over …

A manufacturer may reasonably and periodically audit a new motor vehicle dealer to determine the validity of paid claims or any charge-backs for customer or dealer incentives. Audits of incentive payments may be only for the 12-month period immediately preceding the date notifyin…

It shall be unlawful directly or indirectly to impose unreasonable restrictions on the motor vehicle dealer or franchisee relative to transfer, sale, right to renew, termination, discipline, noncompetition covenants, site-contract whether by sublease, collateral pledge of lease, …

1. Agreements subject to this chapter. Written or oral agreements between a manufacturer, wholesaler or distributor with a motor vehicle dealer including, but not limited to, the franchise offering, the franchise agreement, sales agreements, policies and procedures agreements, bu…

Notwithstanding any other provision of law, it shall be unlawful for the manufacturer, wholesaler, distributor or franchisor without due cause, to fail to renew a franchise on terms then equally available to all its motor vehicle dealers, to terminate a franchise or to restrict t…

Any franchisee shall have the right of free association with other franchisees for any lawful purpose.

In connection with a sale of a motor vehicle or vehicles to the State or to any political subdivision of the State, a manufacturer, distributor, wholesaler or corporate affiliate may not offer any discounts, refunds or any other similar type of inducement to any dealer without ma…

Any contract or part thereof or practice thereunder in violation of any provision of this chapter shall be deemed against public policy and shall be void and unenforceable. [PL 1975, c. 573 (NEW).] The Legislature finds that the manufacture, distribution and sale of motor vehicle…

This chapter does not apply to a person, partnership, firm, association, corporation or trust, resident or nonresident, that manufactures, assembles, distributes, sells, leases, solicits or advertises the sale or lease of a motor vehicle that consists of the installation on a pre…

Except for an action arising out of section 1174‑D, actions arising out of any provision of this chapter must be commenced within 4 years after the cause of action accrues; if a person liable under this chapter conceals the cause of action from the knowledge of the person entitle…

In construing this chapter the courts may be guided by the interpretations of the Federal Trade Commission Act(15 U.S.C. 45), as from time to time amended. [PL 1975, c. 573 (NEW).] If any provision of this chapter is declared unconstitutional or the applicability thereof to any p…

Any person who shall violate any provisions of this chapter shall be subject to the jurisdiction of the courts of this State, upon service of process in accordance with Title 14, chapter 203, and consistent with the maximum limits of due process as decided by the United States Su…

Any person who violates any provision of this chapter other than section 1174‑D commits a Class E crime.