State law · State telemarketing laws
Maine Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA
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Overview
Maine regulates telemarketing through four parts of its statutes, all enforced through the Maine Unfair Trade Practices Act (UTPA), 5 M.R.S. §§ 205-A to 214:
- Automated and prerecorded solicitation calls (10 M.R.S. § 1498). Since a 2019 amendment, Maine bars sales, charitable, and survey calls made with an automated telephone calling device or an artificial or prerecorded voice to any residential, cellular, or paging number in the state. The main exception is calls made with the recipient's "prior, written, express consent." The law also limits automated calling to weekdays from 9 a.m. to 5 p.m., one call per number per eight hours, and requires a 24-month transcript of every automated message.
- Caller ID spoofing (10 M.R.S. § 1499-A). Sellers and telemarketers may not transmit misleading or inaccurate caller ID information with intent to defraud, harm, or wrongfully obtain value. The definition of telemarketing expressly includes text messaging and interconnected VoIP.
- Do not call (10 M.R.S. § 1499-B). Maine adopted the National Do Not Call Registry as its state registry. A 2024 amendment requires telephone solicitors to check the Federal Communications Commission's (FCC) Reassigned Numbers Database before every telephone sales call. Federal law makes that check optional. The Attorney General can seek civil penalties of up to $10,000 for a first violation and $25,000 for each later violation.
- Consumer Solicitation Sales Act (32 M.R.S. §§ 4661 to 4671). Sales that result from an unsolicited telephone call require a signed written contract and carry a three-business-day right to cancel.
Maine has no state telemarketer registration, no general calling-hours rule for live calls, and no statutory damages for consumers. A consumer can sue under 5 M.R.S. § 213 only after buying something and losing money or property. For most consumers, the federal Telephone Consumer Protection Act (TCPA) remains the practical private remedy.
Key statutes
| Law | Subject | Notes |
|---|---|---|
| 10 M.R.S. § 1498 | Automated telephone solicitation | Bans automated or prerecorded solicitation calls to residential, cellular, paging, emergency, unlisted, and toll-free numbers; weekday 9 to 5 window; one call per 8 hours; 5-second disconnect; identification within first minute; 24-month transcripts; UTPA violation |
| 10 M.R.S. § 1499-A | Caller ID spoofing | Misleading caller ID with intent to defraud, harm, or obtain value is a UTPA violation; telemarketing includes texts and VoIP |
| 10 M.R.S. § 1499-B | Telephone solicitation and do not call | National registry serves as Maine registry; 3-month grace; Reassigned Numbers Database check; disclosures; safe harbor; AG penalties $10,000 / $25,000 |
| 32 M.R.S. §§ 4661 to 4671 | Consumer Solicitation Sales | Written signed contract for unsolicited telephone sales; 3-business-day avoidance; refund within 15 days; criminal penalties; UTPA violation |
| 5 M.R.S. §§ 207, 209, 213 | Unfair Trade Practices Act | AG injunctions and $10,000 per intentional violation; private action requires a purchase and a loss of money or property; 30-day demand letter; attorney fees |
| 14 M.R.S. § 752 | General statute of limitations | Six years for civil actions unless otherwise provided |
Detailed provisions
1. Do not call registry
Maine uses the federal list. 10 M.R.S. § 1499-B(4) provides:
The division shall establish and maintain a do-not-call registry of telephone numbers of consumers who request not to be solicited by telephone. The national "do-not-call" registry established and maintained by the Federal Trade Commission, pursuant to the 16 Code of Federal Regulations, Section 310.4(b)(1)(iii)(B), may serve as the Maine do-not-call registry required by this subsection.
The "division" is the Department of the Attorney General, Consumer Protection Division (10 M.R.S. § 1499-B(1)(C)). The Attorney General's consumer page sends Maine residents to the Federal Trade Commission (FTC): "You can register online through the FTC's Do Not Call website or by calling 1-888-382-1222." There is no separate Maine list or fee.
The core prohibition is in 10 M.R.S. § 1499-B(6):
It is a violation of this section for a telephone solicitor to initiate a telephone sales call to a consumer if that consumer's telephone number has been on the national or state do-not-call registry, established by the Federal Trade Commission, for at least 3 months prior to the date the call is made or to fail to use the reassigned numbers database to verify that a consumer's telephone number has not been reassigned prior to initiating a telephone sales call to that consumer.
Subsection 9 adds a duty for list owners: "A telephone solicitor or person who obtains consumer information that includes telephone numbers shall exclude the telephone numbers that appear on the most current federal or state do-not-call registry."
Who is covered. A "telephone solicitor" is "an individual, firm, organization, partnership, association or corporation, including affiliates and subsidiaries, doing business in Maine" (10 M.R.S. § 1499-B(1)(I)). "Doing business in Maine" means "making telephone sales calls to consumers located in this State whether the telephone sales calls originate in the State or outside the State" (10 M.R.S. § 1499-B(1)(D)). A "consumer" is a Maine resident "who is a residential telephone subscriber" and an actual or prospective purchaser, lessee, or donor (10 M.R.S. § 1499-B(1)(A)). "Telephone number" means "a residential telephone number" (10 M.R.S. § 1499-B(1)(G)).
A "telephone sales call" is a solicitation call to a consumer to sell consumer goods or services or to obtain information for direct solicitation. It "includes a call made by use of automated dialing or recorded message devices" (10 M.R.S. § 1499-B(1)(H)). "Consumer goods or services" covers household property, property attached to real estate, related services, credit, and "Professional services" (10 M.R.S. § 1499-B(1)(B)).
Exemptions. Under 10 M.R.S. § 1499-B(2), the section does not apply to:
- a call "made in response to and at the express request of the person called"
- a call "made primarily in connection with an existing debt or contract for which payment or performance has not been completed at the time of the call"
- a noncommercial solicitation made by a volunteer or employee of the soliciting organization who immediately discloses the caller's true first and last name and the organization's name, address, and telephone number
- a call "made to any person with whom the telephone solicitor has an established business relationship"
Subsection 8 also exempts gathering information for directory assistance databases or telephone directories sold by a telephone company.
Established business relationship. Maine's definition tracks the federal one. It requires a relationship based on a purchase or transaction "within the 18 months immediately preceding the date of a telephone sales call" or an inquiry or application "within the 3 months immediately preceding the date of the call" (10 M.R.S. § 1499-B(1)(D-1)). A do not call request ends the relationship "even if the consumer continues to do business with the telephone solicitor." The relationship does not extend to affiliates "unless the consumer would reasonably expect them to be included given the nature and type of goods or services offered by the affiliate and the identity of the affiliate."
Safe harbor. A solicitor "is not liable for violating this section" if it shows that, as a routine business practice, it:
- established and implemented written procedures
- trained its personnel and vendors
- kept an internal do not call list
- used a version of the national registry "obtained from the Federal Trade Commission no more than 31 days prior to the date any call is made"
- monitored and enforced compliance
- used "the reassigned numbers database to verify that a consumer's telephone number has not been reassigned prior to initiating a telephone sales call to that consumer"
It must also show that "Any subsequent call otherwise violating this section is the result of error" (10 M.R.S. § 1499-B(6)(A) to (F)).
2. Reassigned Numbers Database requirement
Public Law 2023, chapter 570 (LD 2234, signed in March 2024) added the reassigned numbers requirement. The Act defines the database as "a database created and maintained by the Federal Communications Commission that identifies whether a telephone number has been reassigned" (10 M.R.S. § 1499-B(1)(D-2)). Under federal rules, a caller that checks the FCC database gets a safe harbor against liability for calling a reassigned number, but the check is voluntary. In Maine, failing to check the database before a telephone sales call is itself a violation of § 1499-B(6). The text does not limit the duty to calls made with consent, so on its face it applies to every telephone sales call to a Maine consumer. The statute does not say how recently the check must be run.
3. Registration and bonding
Maine does not require telemarketers to register or post a bond. The former registration requirement for automated calling, 10 M.R.S. § 1498(7), was repealed by Public Law 1999, chapter 694. Professional solicitors for charities are regulated separately under Maine's charitable solicitations law, which is outside the scope of this page.
4. Calling hours and frequency
Maine has no general calling-hours rule for live telemarketing calls, so the federal limits apply: no calls before 8 a.m. or after 9 p.m. local time. For automated calls, 10 M.R.S. § 1498(3) is far narrower:
A person may not use an automated telephone calling device to make solicitation calls to any telephone number in the State except weekdays between 9 a.m. and 5 p.m., according to the time in this State, and may not complete more than one solicitation call to any telephone number during each 8-hour period. In addition, the person using the device to place the call shall ensure that the device disconnects no more than 5 seconds following the disconnection of the telephone number called.
Since 2019, subsection 2 has barred automated or prerecorded solicitation calls to residential, cellular, and paging numbers outright, so the weekday window mainly matters for calls that fall under an exception or go to business lines. Section 1498(4) requires "Persons making calls restricted under the provision of subsection 3" to identify, "within the first minute of the call," the name, address, and telephone number of the organization for whom the call is made.
5. Automated and prerecorded calls
Definitions. An "automated telephone calling device" is "any system or equipment, including a facsimile machine, that selects, dials or calls telephone numbers and plays recorded messages or attempts to send facsimiles" (10 M.R.S. § 1498(1)(A)). "Solicitation calls" means calls "including facsimile transmissions" made to:
- (1) "offer real property, goods or services for sale or rent"
- (2) convey information to solicit sales
- (3) "promote or solicit charitable contributions"
- (4) "gather data or statistics or solicit information"
The ban. 10 M.R.S. § 1498(2) provides:
A person may not use an automated telephone calling device or an artificial or prerecorded voice to make solicitation calls to:
The listed numbers are:
- emergency numbers, including those of hospitals, physicians, health care facilities, ambulance services, and fire or law enforcement
- "Any paging or cellular phone within the State"
- "Any unlisted, unpublished, toll-free long distance or direct inward dial telephone number within the State"
- "Any residential telephone number within the State"
The residential paragraph and the "artificial or prerecorded voice" language were added by Public Law 2019, chapter 185, titled "An Act To Ban Telephone Solicitations Using an Artificial or Prerecorded Voice and Enhance Caller Identification."
Autodialer definition compared with Duguid. Maine's device definition does not depend on a random or sequential number generator. It covers equipment that "selects, dials or calls telephone numbers and plays recorded messages." The ban also reaches any "artificial or prerecorded voice" regardless of the dialing equipment. After Facebook, Inc. v. Duguid, 592 U.S. 395 (2021), the federal automatic telephone dialing system definition is limited to equipment that uses a random or sequential number generator. Maine's rule therefore covers prerecorded and ringless-style campaigns dialed from customer lists that may fall outside the federal autodialer definition. Federal law still independently restricts artificial or prerecorded voice calls.
Prima facie evidence. "Use of any automated calling device that calls telephone numbers sequentially and cannot distinguish the telephone numbers of those authorized to be contacted from those it is unlawful to contact is prima facie evidence of intent to violate this section" (10 M.R.S. § 1498(5)).
Exceptions. Under 10 M.R.S. § 1498(6), the section does not prohibit automated or prerecorded calls to:
- (A) inform purchasers about the receipt, availability, delivery, or status of purchased goods or services
- (B) "Respond to a telephone inquiry initiated by the person to whom the automated call or call using an artificial or prerecorded voice is directed"
- (C) carry out the duties of government units, school administrative units, or private schools
- (D) "Deliver an emergency message by a governmental entity"
- (E) "Deliver information with the prior, written, express consent of the recipient of the call"
- (F) "Communicate with a business about reservations, purchases and other information for customers such as hours of operation, directions and merchandise availability"
Maine has no general exemption for political or nonprofit calls. Because "solicitation calls" include calls to "promote or solicit charitable contributions" and to "gather data or statistics or solicit information," prerecorded charitable and survey calls to Maine residential and cellular numbers need prior written express consent. Federal law treats many of these calls more leniently. Whether automated political calls are "solicitation calls" depends on whether they solicit contributions or gather data.
Transcripts. "A person using an automated telephone calling device for making solicitation calls shall maintain a full transcript of each solicitation call message that the person has transmitted to consumers during the previous 24 months" (10 M.R.S. § 1498(7-A)). Failure to give the Attorney General a requested transcript is itself a violation.
6. Text messages
Maine's caller ID statute expressly covers texts. "Telemarketing" in 10 M.R.S. § 1499-A(1)(D) means a campaign "conducted by use of one or more telephones or other telecommunications services, including interconnected voice over Internet protocol and text messaging." Neither § 1498 nor § 1499-B mentions text messages. Section 1498 speaks of devices that play "recorded messages" or send facsimiles, so it is unclear whether marketing texts are "solicitation calls" under Maine's automated calling ban. Section 1499-B covers "telephone sales call[s]" to residential subscribers. No Maine court decision on whether either statute reaches text messages was located. Under federal law, the FCC treats texts as calls for TCPA purposes.
7. Caller ID
10 M.R.S. § 1499-A(2) provides:
It is an unfair trade practice, as prohibited by Title 5, section 207 and enforced by the Office of the Attorney General, for a seller or telemarketer to cause any caller identification services to transmit misleading or inaccurate caller identification information with the intent to defraud or cause harm to another person or to wrongfully obtain anything of value.
Since 2019, "Misleading or inaccurate caller identification information" includes, "to the extent consistent with federal law, blocked caller identification information" (10 M.R.S. § 1498(1)(A-1)). Section 1499-A(4) permits a seller or telemarketer to substitute the name of the seller or charity on whose behalf the call is made, or that party's "customer or donor service telephone number that is answered during regular business hours." It also exempts telecommunications carriers providing telecommunications service.
The intent element mirrors the federal Truth in Caller ID Act, 47 U.S.C. § 227(e). The federal Telemarketing Sales Rule (TSR) separately requires telemarketers to transmit caller ID. It prohibits "Failing to transmit or cause to be transmitted the telephone number, and, when made available by the telemarketer 's carrier, the name of the telemarketer , to any caller identification service in use by a recipient of a telemarketing call" (16 C.F.R. § 310.4(a)(8)). Maine's statute states that it is "enforced by the Office of the Attorney General." It creates no separate private remedy.
8. Required disclosures
10 M.R.S. § 1499-B(7) provides:
A telephone solicitor who makes a telephone sales call to a consumer must immediately disclose the following information upon making contact with that consumer:
The required items are "The solicitor's real first and last name" and "The name of the business on whose behalf the telephone solicitor is soliciting."
The "real first and last name" requirement is stricter than the TSR, which requires the identity of the seller but not the caller's legal name. Automated calls that fall under a § 1498 exception must also identify the organization's name, address, and telephone number within the first minute (10 M.R.S. § 1498(4)).
9. Contracts and cancellation
The Consumer Solicitation Sales Act applies to telephone sales. Under 32 M.R.S. § 4662(1), a contract must meet certain requirements when merchandise is sold to a consumer as a result of a seller's direct contact by "a personal visit or a telephone call upon the consumer, other than at the seller's place of business, without the consumer soliciting the initial contact." The contract must:
- be in writing
- "Bear the signature of the seller and the consumer"
- contain the date, the terms, and the seller's permanent place of business
- include a statement of the consumer's right to avoid the contract
The seller "shall furnish a completely executed copy of the contract or agreement to the consumer immediately after the consumer signs the agreement or contract."
Right to avoid. 32 M.R.S. § 4664 provides:
The consumer may avoid a contract or sale by giving written notice of avoidance to the seller by ordinary mail, postage prepaid, within 3 full business days following the day on which the contract or sale was made.
Notice is effective when mailed. The seller must refund "the full amount of any payment or down payment made or consideration given" within 15 days (32 M.R.S. § 4666(1)). If the contract requires the seller to affix merchandise to real estate, the seller "may not begin performance as long as the consumer has the right to cancel" (32 M.R.S. § 4664-A(1)). If the seller does not reclaim delivered goods within 20 days after cancellation, the goods become the consumer's property (32 M.R.S. § 4665).
Coverage and exclusions. The subchapter does not apply to:
- sales under $25
- consumer credit home solicitation sales regulated under Title 9-A, sections 3-501 to 3-507
- sales of registered securities
- certain insurance sales
- certain credit services of supervised lenders where the consumer affirms the terms (32 M.R.S. § 4668)
In 2025 the definition of "merchandise" was expanded to include community solar subscriptions under net energy billing and "solar energy equipment" (32 M.R.S. § 4661(2), amended by Public Law 2025, chapter 575).
Penalties. A seller who violates the contract, performance-timing, or refund rules "commits a Class E crime, which is a strict liability crime," and an intentional violation is a Class D crime (32 M.R.S. §§ 4662(2), 4664-A(2), 4666(2)). Sellers may not misrepresent material terms, create false impressions, or make false promises (32 M.R.S. § 4671). "A violation of this subchapter constitutes a violation of Title 5, chapter 10" (32 M.R.S. § 4670).
10. Private right of action, damages and limitations
No Maine telemarketing statute provides statutory damages. Each violation is an unfair trade practice:
- § 1498(8): "Violation of this section is an unfair trade practice as prohibited by Title 5, section 207."
- § 1499-B(10): a solicitor who fails to comply "commits an unfair and deceptive act that is a violation of the Maine Unfair Trade Practices Act."
- § 1499-A(2): violations are unfair trade practices.
The private remedy is 5 M.R.S. § 213(1):
Any person who purchases or leases goods, services or property, real or personal, primarily for personal, family or household purposes and thereby suffers any loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice declared unlawful by section 207 or by any rule or regulation issued under section 207, subsection 2 may bring an action either in the Superior Court or District Court for actual damages, restitution and for such other equitable relief, including an injunction, as the court determines to be necessary and proper.
A consumer who only received unwanted calls, with no purchase or loss, generally cannot use § 213. At least 30 days before suing, the claimant must send a written demand for relief (5 M.R.S. § 213(1-A)). A prevailing claimant "shall" recover reasonable attorney fees and costs "irrespective of the amount in controversy" (5 M.R.S. § 213(2)). We located no UTPA-specific limitations period, and no decision confirming which period governs UTPA claims was located. Maine's general limitations statute provides that "All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards," except as otherwise provided (14 M.R.S. § 752). Federal TCPA claims are governed by the four-year federal catch-all period (28 U.S.C. § 1658(a)).
11. Attorney General penalties
For do not call and disclosure violations, 10 M.R.S. § 1499-B(11) lets the Attorney General obtain:
- an injunction
- "A civil penalty of not more than: (1) Ten thousand dollars for the first violation; and (2) Twenty-five thousand dollars for each subsequent violation"
- all money the defendant obtained through the violation
- the costs of investigation and of maintaining the action
- "Reasonable attorney's fees"
A court may also "void or limit the application of contracts or clauses resulting from a violation of this section and order restitution to be paid to an aggrieved consumer" (10 M.R.S. § 1499-B(12)). Actions may be brought in the District Court or Superior Court where an aggrieved consumer resides or in Kennebec County (10 M.R.S. § 1499-B(13)).
For violations of § 1498 and § 1499-A, the general UTPA remedies apply. Under 5 M.R.S. § 209, "Each intentional violation of section 207 in which the Attorney General establishes that the conduct giving rise to the violation is either unfair or deceptive is a violation for which a civil penalty of not more than $10,000 shall be adjudged." Violating a UTPA injunction carries a civil penalty of up to $10,000 per violation. The Attorney General must generally give 10 days' notice before suing.
How Maine law differs from federal law
| Issue | Federal (TCPA, FCC rules, TSR) | Maine | Net effect |
|---|---|---|---|
| Do not call list | National registry; scrub every 31 days | National registry serves as Maine registry; violation if number listed 3 months (10 M.R.S. § 1499-B(4), (6)) | Same in substance |
| Reassigned numbers | Database check is optional; a safe harbor | Failure to check before any telephone sales call is a violation (10 M.R.S. § 1499-B(6)) | Stricter |
| Registration and bond | None | None (repealed 1999) | Same |
| Calling hours, live calls | 8 a.m. to 9 p.m. | No state rule | Same (federal applies) |
| Calling hours, automated | 8 a.m. to 9 p.m. | Weekdays 9 a.m. to 5 p.m.; one call per 8 hours (10 M.R.S. § 1498(3)) | Stricter |
| Prerecorded calls to homes | Telemarketing needs prior express written consent; some nonprofit and noncommercial calls exempt | Sales, charitable, and survey calls barred to residential, cellular, and paging numbers unless an exception such as prior written express consent applies (10 M.R.S. § 1498(2), (6)) | Stricter for charities and surveys |
| Autodialer | Random or sequential number generator (Duguid) | Any device that dials and plays recorded messages; any artificial or prerecorded voice (10 M.R.S. § 1498(1)(A), (2)) | Broader |
| Disconnect | Within 5 seconds (47 U.S.C. § 227(d)(3)(B)) | Within 5 seconds (10 M.R.S. § 1498(3)) | Same |
| Caller ID | Must transmit (TSR); spoofing with intent banned | Spoofing with intent banned; blocked ID can be "misleading" (10 M.R.S. §§ 1498(1)(A-1), 1499-A) | Same, with added state enforcement |
| Disclosures | Seller identity, purpose, nature of goods (TSR) | Caller's real first and last name and the business, immediately (10 M.R.S. § 1499-B(7)) | Slightly stricter |
| Record keeping | Do not call records; TSR records 5 years | 24-month transcript of every automated message (10 M.R.S. § 1498(7-A)) | Stricter |
| Contracts | TSR authorization rules; FTC three-day rule for door-to-door sales | Signed written contract and three-business-day avoidance for unsolicited telephone sales (32 M.R.S. §§ 4662, 4664) | Stricter |
| Private action | Actual damages or $500 per violation for robocall and autodialer violations; actual damages or up to $500 for do-not-call violations after more than one call in 12 months; up to three times if willful or knowing (47 U.S.C. § 227(b)(3), (c)(5)) | No statutory damages; UTPA actual damages only with a purchase and loss; fees; 30-day demand letter | Looser |
| Government penalties | FCC forfeitures; state AG TCPA suits | $10,000 first and $25,000 later violations (do not call); $10,000 per intentional UTPA violation | Stricter |
Where Maine is stricter. Maine bans prerecorded and automated solicitation calls to residences and cell phones, and its definition of solicitation includes charitable and survey calls. It requires a mandatory Reassigned Numbers Database check, limits automated calls to weekdays from 9 a.m. to 5 p.m., requires 24-month transcripts, and requires the caller's real name to be disclosed. The penalty for a second do not call violation is $25,000. Telephone sales without a signed written contract are voidable, and contract violations can be crimes.
Where Maine is looser. Maine offers no statutory damages and no private action without a purchase and loss. It has no state calling hours for live calls and no telemarketer registration.
Where Maine is the same. Maine uses the national registry, defines the established business relationship with the same 18-month and 3-month periods, uses the same 31-day scrub period in its safe harbor, and requires the same 5-second disconnect.
Notable enforcement and case law
No reported Maine decision interpreting 10 M.R.S. §§ 1498, 1499-A, or 1499-B was located in official court sources or CourtListener. The decision that most directly shapes consumer remedies is about the UTPA private action that these statutes use.
Sweet v. Breivogel, 2019 ME 18, Docket Han-18-196 (Me. Jan. 29, 2019). Sweet v. Breivogel (Me. 2019) The Maine Supreme Judicial Court considered a statute, the Home Construction Contracts Act, whose violation counts as evidence of a UTPA violation. The court explained that to recover under the UTPA, "a party must demonstrate 'a loss of money or property as a result of a [UTPA] violation.'" The homeowners had proved statutory violations but "failed to identify any injury or demonstrate a substantial loss of money or property resulting from the violations," so they were not entitled to additional UTPA damages. The court also held that attorney fees must be apportioned to the UTPA claim. Sweet did not involve telemarketing, but because the telemarketing statutes are likewise enforced through the UTPA, its reasoning suggests that a recipient of unlawful calls who has not purchased anything and lost money or property will generally lack a § 213 claim. No decision applying that rule to the telemarketing statutes was located, and the Attorney General may still enforce.
Recent amendments
- Public Law 2023, chapter 570 (LD 2234), signed March 25, 2024. It added the definition of the FCC Reassigned Numbers Database (10 M.R.S. § 1499-B(1)(D-2)), made failure to check the database before a telephone sales call a violation, and added the database check to the safe harbor (10 M.R.S. § 1499-B(6)(E-1)).
- Public Law 2025, chapter 575. It expanded "merchandise" in the Consumer Solicitation Sales Act to include community solar shares and solar energy equipment (32 M.R.S. § 4661(2)). Unsolicited telephone sales of these products now require a written contract and carry the three-day avoidance right.
- Public Law 2023, chapter 243. It enacted 10 M.R.S. § 1499-G, which requires disclaimers on printed promotional materials that use the terms Medicare, Medicaid, or MaineCare. It governs printed material, not calls, but it affects Medicare-related marketing campaigns.
- Public Law 2019, chapter 185 (LD 277). It extended § 1498 to artificial or prerecorded voice calls and to residential numbers, added the prior written express consent exception and other exceptions, defined blocked caller ID as potentially misleading, extended § 1499-A to VoIP and text messaging, and rewrote the spoofing prohibition.
Compliance checklist
- Scrub every Maine campaign against the National Do Not Call Registry (refreshed at least every 31 days) and your internal list.
- Query the FCC Reassigned Numbers Database before telephone sales calls to Maine consumers, and keep records of each query.
- Do not send prerecorded or automated sales, charitable, or survey calls to Maine residential or cellular numbers without the recipient's prior written express consent or another § 1498(6) exception.
- Limit any permitted automated solicitation calls to weekdays from 9 a.m. to 5 p.m. Maine time, one call per number per 8 hours, with a 5-second disconnect.
- Keep full transcripts of every automated solicitation message for 24 months.
- Have live callers immediately state their real first and last name and the business they represent.
- Transmit accurate caller ID. Use only the seller's or charity's name and a customer service number answered during business hours, and avoid blocked ID.
- For sales made on an unsolicited call, get a signed written contract that includes the three-business-day avoidance notice, and refund within 15 days of cancellation.
- Keep written procedures, training records, and monitoring records to support the § 1499-B(6) safe harbor.
References
- 10 M.R.S. § 1498, https://legislature.maine.gov/statutes/10/title10sec1498.html
- 10 M.R.S. § 1499-A, https://legislature.maine.gov/statutes/10/title10sec1499-A.html
- 10 M.R.S. § 1499-B, https://legislature.maine.gov/statutes/10/title10sec1499-B.html
- 10 M.R.S. § 1499-G, https://legislature.maine.gov/statutes/10/title10sec1499-G.html
- 32 M.R.S. § 4661, https://legislature.maine.gov/statutes/32/title32sec4661.html
- 32 M.R.S. § 4662, https://legislature.maine.gov/statutes/32/title32sec4662.html
- 32 M.R.S. § 4664, https://legislature.maine.gov/statutes/32/title32sec4664.html
- 32 M.R.S. § 4664-A, https://legislature.maine.gov/statutes/32/title32sec4664-A.html
- 32 M.R.S. § 4665, https://legislature.maine.gov/statutes/32/title32sec4665.html
- 32 M.R.S. § 4666, https://legislature.maine.gov/statutes/32/title32sec4666.html
- 32 M.R.S. § 4668, https://legislature.maine.gov/statutes/32/title32sec4668.html
- 32 M.R.S. § 4670, https://legislature.maine.gov/statutes/32/title32sec4670.html
- 32 M.R.S. § 4671, https://legislature.maine.gov/statutes/32/title32sec4671.html
- 5 M.R.S. § 207, https://legislature.maine.gov/statutes/5/title5sec207.html
- 5 M.R.S. § 209, https://legislature.maine.gov/statutes/5/title5sec209.html
- 5 M.R.S. § 213, https://legislature.maine.gov/statutes/5/title5sec213.html
- 14 M.R.S. § 752, https://legislature.maine.gov/statutes/14/title14sec752.html
- Public Law 2023, chapter 570, https://legislature.maine.gov/legis/bills/getPDF.asp?item=3&paper=HP1433&snum=131
- Public Law 2019, chapter 185, https://legislature.maine.gov/legis/bills/bills_129th/chapters/PUBLIC185.asp
- Maine Attorney General, Do Not Call or Mail, https://www.maine.gov/ag/consumer-protection/consumer-help-topics/do-not-call-or-mail
- Sweet v. Breivogel, 2019 ME 18, https://www.courts.maine.gov/courts/sjc/lawcourt/2019/19me018.pdf
- 47 U.S.C. § 227, https://www.law.cornell.edu/uscode/text/47/227
- 47 C.F.R. § 64.1200, https://www.law.cornell.edu/cfr/text/47/64.1200
- 16 C.F.R. § 310.4, https://www.law.cornell.edu/cfr/text/16/310.4
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