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Maine Telemarketing Fraud Laws

Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

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In Maine, a "telemarketer" is defined as any person who, in connection with a program that is designed to sell goods or services or to collect charitable contributions, initiates or receives telephone calls to or from a customer or donor. Telemarketers commit telemarketing fraud when they place a call and make false statements with the intent to steal money from the victim who answers their phone call. In order to deter telemarketing fraud, Maine has enacted the law outlined in the table below.

Code Section

Maine Revised Statutes section 1498: Automated Telephone Solicitation Prohibited

What's Prohibited?

Using an automated telephone calling device to make solicitation calls to:
  • Any emergency telephone number in Maine
  • Any paging or cellular phone in Maine, or
  • Any unlisted, unpublished, toll-free long distance, or direct inward dial telephone number in Maine

Restrictions

A person may not:
  • Use an automated telephone calling device to make solicitation calls except weekdays between nine a.m. and five p.m.
  • Call a particular number more than once during an 8-hour period, or
  • Stay on the line for more than five seconds after the call is disconnected

Requirements

Within the first minute of the call the solicitor must identify the name, address, and telephone number of the organization for whom the call is being made.

Do Not Call Registry

One of the best ways to protect yourself from falling victim to telemarking fraud is to register your phone number with the National Do Not Call Registry. Registering your number insures that legitimate telephone solicitors won't contact you. The chart below outlines Maine's do not call law and explains which solicitors are exempt.

Code Section

Maine Revised Statutes section 1499-B: Telephone Solicitation

What's Prohibited?

Initiating a telephone sales call to a consumer if that consumer's telephone number has been on the national or state do-not-call registry for at least three months prior.

Exemptions

 

 A telephone solicitor isn't liable for violating this section if the solicitor can demonstrate that:
  • The solicitor has established, implemented, and trained its personnel to comply with this section as part of their routine business practice
  • The solicitor has recorded and maintained a list of telephone numbers that the solicitor may not contact
  • The solicitor uses a process to prevent telemarketing to any telephone number on the state or national do-not-call registry
  • The solicitor monitors and enforces compliance with this section, and
  • Any call that violates this section is the result of error

Application of this Law

This section doesn't apply to:
  • A telephone sales call made in response to and at the expense of the person called
  • A telephone sales call made primarily in connection with an existing debt or contract for which payment or performance is outstanding
  • If the call is a non-commercial solicitation and the solicitor immediately discloses their true name and the name, address, and telephone number of the soliciting organization, or
  • A telephone sales call made to any person with whom the solicitor has an established business relationship

Additional Resources

State laws change frequently. For case specific information about Maine's telemarketing fraud laws contact a local consumer protection attorney or criminal defense lawyer.

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