Title 10

The board: [PL 2003, c. 356, §12 (NEW).] 1. Complaints. Shall review written complaints filed with the board by persons complaining of conduct governed by this chapter; 2. Decision. Shall issue written decisions and may issue orders to a franchisee or franchisor in violation of t…

Prior to hearing a complaint, but not later than 45 days after the filing of the complaint, the board shall require the parties to attend a prehearing conference with the chair to discuss the possibility of settlement. If the matter is not resolved through the conference, the mat…

The board shall hold a hearing on the merits of a complaint within 120 days of the filing of the complaint. The hearing must be conducted pursuant to rules established by the board. A decision must be issued within 30 days of the completion of the hearing. The board shall determi…

The parties to a hearing conducted pursuant to this subchapter are permitted to conduct and use the same discovery procedures as provided in the Maine Rules of Civil Procedure, subject to any amendments to the rules as the board might adopt to secure that discovery is expedited. …

A party appealing an order of the board to the Superior Court shall indicate in the appeal whether it is an appeal on issues of law or on factual matters. [PL 2003, c. 356, §12 (NEW).] 1. Appeal as matter of law. An order or decision may be appealed solely on the basis that the b…

If a complaint is filed with the board by a person otherwise entitled to bring a complaint in the courts of the State, then the applicable statute of limitations is tolled and a civil action in a court of competent jurisdiction is barred pending the outcome of proceedings before …

An action, filed in a court of competent jurisdiction, that gives rise or could give rise to a claim or defense under this chapter must be stayed if, within 60 days after the date of filing of the complaint, or service of process, whichever date is later, a party to the action fi…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 51 (NEW).] 1. Dealer. "Dealer" means an individual, partnership, corporation, business trust or any other legal entity that is engaged in the business of…

No dealer may sell or offer to sell any new motor vehicle unless the dealer affixes to the windshield or side window of the motor vehicle the following written disclosures: [PL 1989, c. 51 (NEW).] 1. Manufacturer's suggested retail price. The manufacturer's suggested retail price…

1. Unfair trade practice. Any violation of this chapter shall constitute prima facie evidence of a violation of Title 5, chapter 10, the Maine Unfair Trade Practices Act.

When selling new or used motor vehicles a dealer must adhere to the following sale practices. [PL 2001, c. 256, §2 (NEW).] 1. Dealer revocation of sale. If a dealer sells a new or used motor vehicle and allows the buyer to take possession of it, the dealer can not at a later date…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 631 (NEW).] 1. Distributor or wholesaler. "Distributor" or "wholesaler" means any person who sells or distributes new or used watercraft or engines for w…

1. Parts or labor; satisfaction of warranty. If a franchisor requires or permits a franchisee to perform labor or provide parts to satisfy a warranty created by the franchisor, the franchisor shall properly and promptly fulfill its warranty obligations and: A. Reimburse the franc…

This chapter shall be known and may be cited as the "Unfair Sales Act."

As used in this chapter, unless the context otherwise indicates, the following terms shall have the following meanings. [PL 1979, c. 541, Pt. A, §92 (NEW).] 1. Cost to the retailer. "Cost to the retailer" shall mean the invoice cost of the merchandise to the retailer within 30 da…

This chapter shall not apply with respect to advertising or offering to sell, or selling, at retail or at wholesale, as the case may be, if done: 1. Isolated transaction. In an isolated transaction and not in the usual course of business; 2. Clearance sales. Where merchandise is …

This chapter shall prevail whenever the application of any provision of any other law of this State, other than Title 7, chapter 603‑A, conflicts with the application of any provision of this chapter.

It is unlawful for any person engaged in the distribution or sale of merchandise of general use or consumption to sell such merchandise at less than the cost thereof to such vendor with the purpose or intent to injure competitors or destroy competition. Any merchandise offered fo…

1. Injunctive relief; damages and costs. A person damaged or who is threatened with loss or injury by reason of a violation or threatened violation of this chapter may bring a civil action in the Superior Court in the county where the person resides to prevent, restrain or enjoin…

Any retailer who, with intent to injure competitors or destroy competition, advertises, offers to sell or sells at retail any item of merchandise at less than cost to the retailer, or any wholesaler who, with intent as aforesaid, advertises, offers to sell or sells at wholesale a…

1. Authority. Whenever the Attorney General reasonably believes that a violation of section 1204‑A may be occurring in the sale of motor fuel, the Attorney General may require by summons the attendance and testimony of witnesses and the production of books and papers before the A…

1. Requirement. Whenever the price of motor fuel sold at a retail outlet operated or controlled by a wholesaler of motor fuel is less than the dealer tankwagon price charged for the same motor fuel to any independent retail outlet supplied by the wholesaler and located within one…

1. Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Established business relationship" means a prior or existing relationship formed by a voluntary 2-way communication between a seller and a consume…

A seller that violates this chapter commits an unfair and deceptive act and a violation of Title 5, section 207.

This chapter does not apply to the following: [PL 2001, c. 471, Pt. E, §2 (NEW).] 1. Sales under $25. 1-A. Established business relationships. A free offer when the seller and the consumer have an established business relationship. The consumer’s established business relationship…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Automatic subscription or health club membership renewal" means an offer or agreement to provide any of the following goods or services for a spec…

1. Violations. A violation of this chapter is a violation of the Maine Unfair Trade Practices Act. Notwithstanding any provision of law to the contrary, in addition to remedies authorized pursuant to the Maine Unfair Trade Practices Act, a person found in violation of this chapte…

As used in this chapter, unless the context otherwise requires: [PL 1969, c. 503 (NEW).] 1. Article. "Article" means a product as distinguished from its trademark, label or distinctive dress in packaging; 2. Certification mark. "Certification mark" means a mark used in connection…

1. Lists. A person engages in a deceptive trade practice when, in the course of the person's business, vocation or occupation, the person: A. Passes off goods or services as those of another; [PL 1969, c. 503 (NEW).] B. Causes likelihood of confusion or of misunderstanding as to …

A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits or intent to deceive is not required. Relief g…

1. Application. This chapter does not apply to: A. Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state or local governmental agency; [PL 1969, c. 503 (AMD).] B. Publishers, broadcasters, printers or other persons engaged in the dissem…

This chapter shall be construed to effectuate its general purpose to make uniform the law of those states which enact it.

This chapter may be cited as the Uniform Deceptive Trade Practices Act.

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 204 (NEW).] 1. Consumer. "Consumer" means a natural person who purchases or contracts to purchase consumer goods. 2. Consumer goods. "Consumer goods" mea…

Any persons, firm, partnership, corporation or association which causes to be advertised by means of a newspaper advertisement, circular, television or radio announcement, in-store promotion or otherwise, the availability of a manufacturer's rebate form shall have available to th…

1. Private remedy. If the court finds in any action commenced under this chapter that the manufacturer or distributor or its agents violated section 1232, it shall award to the petitioner an amount not less than $100. 2. Unfair trade practice. A violation of this chapter constitu…

This chapter may be known and cited as the "Personal Sports Mobile Business Practices Act."

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1997, c. 473, §3 (NEW).] 1. Designated family member. "Designated family member" means the spouse, child, grandchild, parent or sibling of the owner of a new pers…

The following acts are unfair methods of competition and unfair and deceptive practices. It is unlawful for any: [PL 1997, c. 473, §3 (NEW).] 1. Damage to public. Manufacturer or personal sports mobile dealer to engage in any action that is arbitrary, in bad faith or unconscionab…

A person is guilty of unlawful sale of a new personal sports mobile if that person sells a new personal sports mobile and does not possess a current and valid franchise with the personal sports mobile manufacturer of the brand of new personal sports mobile being sold. If, upon de…

A new personal sports mobile dealership may not be established nor may a personal sports mobile dealership be relocated, except as follows. [PL 1997, c. 473, §3 (NEW).] 1. Notification. If a manufacturer seeks to enter into a franchise establishing an additional new personal spor…

1. Liability of new dealer after acceptance. Notwithstanding the terms, provisions or conditions of any agreement or franchise, the new personal sports mobile dealer is solely liable for damages to new personal sports mobiles after acceptance from the carrier and before delivery …

1. Right of family member. The right of a designated family member to succeed in dealer ownership is governed by the following provisions. A. Any designated family member of a deceased or incapacitated new personal sports mobile dealer who has been designated as successor to that…

Every manufacturer shall specify to the dealer the delivery and preparation obligations of its personal sports mobile dealers prior to delivery of new personal sports mobiles to retail buyers. The delivery and preparation obligations of its personal sports mobile dealers and a sc…

1. Parts or labor; satisfaction of warranty or recall. If a franchisor requires or permits a franchisee to perform labor or provide parts to satisfy a warranty created by the franchisor, the franchisor shall properly and promptly fulfill its warranty obligations and: A. Reimburse…

It is unlawful directly or indirectly to impose unreasonable restrictions on a personal sports mobile dealer or franchisee relative to transfer; sale; right to renew; termination; discipline; noncompetition covenants; site-contracts whether by sublease, collateral pledge of lot p…