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Maine Revised Statutes, Title 10, § 1201: Short title
This chapter may be cited as the “Unfair Sales Act.”
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Maine Revised Statutes, Title 10, § 1202: Definitions
This section defines terms used in the chapter, including cost to the retailer, cost to the wholesaler, retail sale, wholesale sale, retailer, wholesaler, and sub-jobber.
- Cost definitions
- Markup calculation
- Retail pricing
- Wholesale pricing
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Maine Revised Statutes, Title 10, § 1203: Exceptions
This chapter does not apply to certain retail or wholesale advertising or sales in listed situations, such as isolated transactions, clearance sales, perishable goods, damaged goods, final liquidation, charitable sales, sales to government entities, good-faith price matching, and sales under a court order.
- Charitable sales
- Clearance sales
- Liquidation
- Retail sales
- Wholesale sales
Maine Revised Statutes, Title 10, § 1204-A: Unlawful practices
A seller of general merchandise may not sell below cost with intent to harm competitors or competition, and below-cost merchandise must be prominently displayed in the store in enough quantity to meet expected demand.
- Merchandise sales
- Pricing
- Retail display
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Maine Revised Statutes, Title 10, § 1204: Applicability of provisions
This chapter controls when another Maine law conflicts with it, except for Title 7, chapter 603-A.
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Maine Revised Statutes, Title 10, § 1205: Bill in equity by injured person
An injured person may sue in Superior Court to stop a violation of the chapter and may recover treble actual damages, costs, and reasonable attorney’s fees.
- Attorney's fees
- Damages
- Injunctive relief
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Maine Revised Statutes, Title 10, § 1207: Penalties
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,
- Below-cost sales
- Retail pricing
- Wholesale pricing
Maine Revised Statutes, Title 10, § 1208: Summons
The Attorney General may issue a summons for witness testimony and records about motor fuel retailer or wholesaler operating costs when the Attorney General reasonably believes a section 1204-A violation may be occurring.
- Motor fuel retail
- Motor fuel wholesaling
- Records and testimony
- Summons compliance
Maine Revised Statutes, Title 10, § 1209: Reports
A motor-fuel wholesaler must file a written report with the Attorney General when a covered retail outlet sells fuel below the dealer tankwagon price under specified conditions.
- Reporting compliance
- Retail fuel pricing
- Wholesale pricing
Maine Revised Statutes, Title 10, § 1210-A: Violation
A seller who violates this chapter commits an unfair and deceptive act and a violation of Title 5, section 207.
- Unfair and deceptive acts
Maine Revised Statutes, Title 10, § 1210-B: Limitation
This chapter does not apply to several listed sales and transactions, including sales under $25, certain free offers tied to an established business relationship, regulated home solicitation sales, securities sales, insurance sales, and specified credit services sales.
- Consumer sales
- Credit services
- Insurance
- Securities
- Transaction exemptions
Maine Revised Statutes, Title 10, § 1210-C: Cancellation of subscriptions or memberships
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
- Cancellation
- Disclosures
- Membership renewals
- Subscriptions
Maine Revised Statutes, Title 10, § 1210-D: Violation
A violation of this chapter is treated as a violation of the Maine Unfair Trade Practices Act, and certain unauthorized consumer charges require a refund or credit of three times the unauthorized amount.
- Credits
- Membership charges
- Refunds
- Rules
- Subscriptions
Maine Revised Statutes, Title 10, § 1210: Charges after free trial period
A seller may not make a free offer in the State unless, when the consumer agrees, the seller gets billing information directly from the consumer and gives clear notice of the offer’s terms and any added financial obligations.
Maine Revised Statutes, Title 10, § 1211: Definitions
This section defines key trademark-related terms used in the chapter.
- Branding
- Product identification
- Service identification
- Trade names
Maine Revised Statutes, Title 10, § 1212: Deceptive trade practices
A person must not engage in deceptive trade practices in the course of business, vocation, or occupation, including listed kinds of misleading product, service, origin, quality, and advertising conduct.
- Advertising
- Misrepresentation
- Product representations
Maine Revised Statutes, Title 10, § 1213: Remedies
A person likely to be harmed by another’s deceptive trade practice may get an injunction, and the court may in some cases award reasonable attorney’s fees or assess costs/fees if the defendant acted willfully.
- Attorney's fees
- Costs
- Injunctions
- Remedies
Maine Revised Statutes, Title 10, § 1214: Application
This chapter does not apply in three listed situations: compliant conduct under certain government agency orders, rules, or administered statutes; certain publishers, broadcasters, printers, and similar persons who reproduce material without knowing it is deceptive; and actions or appeals pending on October 1, 1969.
- Deceptive material
- Mark use
- Pending actions and appeals
- Publication and broadcasting
Maine Revised Statutes, Title 10, § 1215: Uniformity of interpretation
This chapter shall be construed to effectuate its general purpose to make uniform the law of those states which enact it. [PL 1969, c. 503 (NEW).]
Maine Revised Statutes, Title 10, § 1216: Short title
This chapter may be cited as the Uniform Deceptive Trade Practices Act. [PL 1969, c. 503 (NEW).]
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