Maine TCPA and telemarketing law
Maine has its own telemarketing statute with a private right of action. Its consent standard is stricter than the current federal one.
| Statute | 10 M.R.S. § 1498; 10 M.R.S. § 1499-B | ↗ |
| Consent standard | Prior express written consent | ↗ |
| Stricter than federal | Yes | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | Not yet verified | |
| Covers text messages | Not yet verified | |
| Cure period | Not yet verified |
Maine regulates telephone solicitation in 10 M.R.S. chapter 225. Section 1498 bars using an automated telephone calling device or a prerecorded voice to make solicitation calls to residential, cellular, paging and unlisted numbers in Maine unless an exception applies, including prior written express consent. Solicitation calls include sales, charitable and survey calls, and automated calls are limited to weekdays from 9 a.m. to 5 p.m. Section 1499-B bars sales calls to numbers on the do-not-call registry for at least 3 months, requires a reassigned numbers database check, and requires the caller to give a real name and business name. The core sections cover calls and faxes.
Violations are unfair trade practices. A consumer who bought goods or services and lost money or property may sue for actual damages and attorney's fees after a 30-day written demand. The Attorney General can seek up to $10,000 for a first do-not-call violation and $25,000 for each later one.