Legal Definitions - Maine

In the context of consumer protection and business regulation, Maine refers to a collection of state laws enacted to safeguard its residents from unwanted commercial solicitations and deceptive business practices. These laws cover various forms of communication, including email, telephone calls, and faxes, and establish standards for fair trade.

• Commercial Email and Spam:

  Maine law prohibits the sending of unsolicited commercial emails (spam) that are deceptive or sent without proper consent. This includes requirements for clear identification of the sender and a functional opt-out mechanism.

  • Example 1: A company based outside of Maine sends an email campaign to thousands of Maine residents promoting a new financial product. The emails use a misleading subject line like "Your Account Update" to entice recipients to open them, and there is no clear way to unsubscribe from future messages.

    Explanation: This illustrates a violation of Maine's anti-spam law because the emails are unsolicited, use deceptive subject lines, and lack a proper unsubscribe option, all of which are regulated under the state's statutes.

  • Example 2: A local Maine business purchases an email list and sends promotional emails to individuals who have never interacted with their company and have not given permission to receive marketing communications.

    Explanation: This scenario demonstrates a breach of the law as the business is sending unsolicited commercial emails to recipients without their prior consent, which Maine's legislation aims to prevent.

• Telemarketing & Telephonic Anti-Solicitation:

  Maine has comprehensive laws regulating telemarketing calls, including prohibitions on automated calls (robocalls), requirements for telemarketers to display their phone numbers (no blocking), and the establishment of a "Do Not Call" Registry to protect consumers from unwanted sales calls.

  • Example 1: A telemarketing firm uses an automated dialing system to deliver pre-recorded messages offering home repair services to Maine residents, even to those who have registered their phone numbers on the Maine "Do Not Call" Registry.

    Explanation: This violates Maine's telemarketing laws on two fronts: it involves prohibited automated telephone solicitation (robocalls) and targets individuals on the "Do Not Call" Registry, which is explicitly protected by state statute.

  • Example 2: A company making sales calls to potential customers in Maine intentionally configures its phone system to block its caller ID information, so recipients cannot see who is calling.

    Explanation: This action is a direct violation of Maine law, which specifically prohibits telemarketers from blocking their phone numbers when making solicitation calls.

• Faxes, Texts, and Other Media Anti-Solicitation:

  Maine law prohibits the transmission of unsolicited advertisements via fax. While the statute specifically mentions faxes, the principle extends to other forms of unsolicited digital media used for commercial solicitation.

  • Example 1: A new office supply store sends out a mass fax advertisement to hundreds of businesses in Maine, promoting their grand opening sale, without any prior relationship or permission from the recipients.

    Explanation: This constitutes an unsolicited fax advertisement, which is expressly prohibited under Maine's anti-solicitation laws.

  • Example 2: A real estate agent sends unsolicited text messages to a list of phone numbers obtained from a public directory, advertising properties for sale in Maine. The recipients have not opted in to receive these messages.

    Explanation: Although the statute specifically mentions faxes, the spirit of the law, aimed at preventing unsolicited advertisements across various media, would likely apply to such mass, unconsented text solicitations, making it a potentially unlawful practice.

• Unlawful Trade Practices:

  The Maine Unfair Trade Practices Act (MUTPA) broadly prohibits unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce. This act provides consumers with legal recourse against businesses that engage in dishonest or misleading conduct.

  • Example 1: A car dealership in Maine advertises a used vehicle as having "low mileage and a clean title," but intentionally conceals that the car was previously involved in a major accident and had its odometer rolled back.

    Explanation: This is a clear example of a deceptive act in trade or commerce, as the dealership is misrepresenting the condition and history of the vehicle, which is prohibited under the Maine Unfair Trade Practices Act.

  • Example 2: A home improvement contractor in Maine accepts a significant down payment for a kitchen renovation, promises to complete the work within a specific timeframe using high-quality materials, but then abandons the project after minimal work, leaving the homeowner with an unfinished kitchen and refusing to refund the money.

    Explanation: This scenario demonstrates an unfair and deceptive practice, as the contractor failed to deliver on contractual promises, took payment for unperformed work, and engaged in dishonest conduct, all of which fall under the purview of the Maine Unfair Trade Practices Act.