Maine Revised Statutes, Title 10, § 1250-H: Construction
When construing this chapter, courts may look to interpretations of the Federal Trade Commission Act, 15 U.S.C. § 45, as amended.
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When construing this chapter, courts may look to interpretations of the Federal Trade Commission Act, 15 U.S.C. § 45, as amended.
A person who violates this chapter is subject to the courts of this State if process is served under Title 14, chapter 203 and within due process limits.
A business selling consumer goods in Maine may not use or list a telephone-directory business name that misrepresents where it operates or is located, unless an exception applies.
Certain short-term lodging advertisers/sellers and ticket sellers must clearly show the total price, including mandatory fees, and must not misstate related fees in ads or displays.
Certain agreements between a manufacturer, wholesaler, or distributor and a personal sports mobile dealer are covered by this chapter, and a manufacturer-side party must send the dealer a copy of a new selling agreement or amendment 90 days before it takes effect.
It forbids knowingly and willfully transferring recorded sounds without the owner’s consent when done to sell, to resell, or to use for profit, and also forbids advertising, offering, or selling such articles knowing the sounds were transferred without consent. Certain broadcasting and private-use activities are exempt
This section defines “credit card,” “customer service card,” and “debit card” for the chapter, unless the context indicates otherwise.
A person, corporation, or other entity may not deny goods or services to an individual because the individual refuses to provide a social security number, subject to listed exceptions.
A business in the State may not display a social security number on certain cards it issues or distributes, and insurance identification must use another number if an individual makes a written request.
The Superintendent of Consumer Credit Protection may use several enforcement tools to ensure compliance with this chapter, and a court may impose a civil forfeiture of up to $1,000 for a violation.
This section defines key terms used in the chapter, including current net price, dealer, dealer agreement, inventory, net cost, single-line dealer, supplier, and termination.
Certain equipment-related terms are given their common trade meanings among farm equipment dealers and suppliers.
A supplier must give the dealer 120 days' notice before terminating a dealer agreement, unless an agreement says otherwise. A dealer who wants to terminate must also give 120 days' notice. Required notice must be in writing and sent by certified mail or personal delivery.
A supplier must repurchase a dealer’s inventory after termination of a qualifying dealer agreement if the dealer requests it in writing within 30 days, unless specified exceptions apply.
A supplier with a repurchase duty may inspect the dealer’s records, must repurchase covered inventory and related items, must pay specified percentages or values for listed categories, and must pay within 45 days; late balances incur a daily penalty.
1. Exceptions. The provisions of this chapter do not require the repurchase from a dealer of: A. A repair part with a limited storage life or otherwise subject to physical or structural deterioration including, but not limited to, gaskets
1. Transfer. A supplier may not unreasonably withhold or delay consent to any transfer of the dealer's business or transfer of the stock or other interest in the dealership, whenever the dealer to be substituted meets the material and
1. Security interest. Nothing contained in this chapter may be construed to release or terminate a perfected security interest of the supplier in the inventory of the dealer. [PL 1995, c. 462, Pt. A, §22 (NEW); PL 1995, c. 462, Pt. A, §23
A supplier may not pressure a dealer to order or accept unwanted equipment or repair parts, interfere with the dealer’s other business interests, block competing equipment arrangements, require separate facilities for competing lines, or recover reimbursement costs tied to avoiding a violation.
A supplier must act on warranty claims promptly, pay approved claims within 30 days, compensate dealers for warranty labor and parts under specified minimum formulas, and indemnify dealers against certain warranty-related judgments.
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