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26 - Department of the Attorney General
2001-2002 Regulatory Agenda
UMBRELLA-UNIT NUMBER: 26-239
AGENCY NAME: Department
of the Attorney General, Public Protection Division
CONTACT PERSON:
James McKenna, Assistant Attorney General, 6 State House Station, Augusta,
Maine 04333-0006. Tel: (207) 626-8800.
EMERGENCY RULES
ADOPTED SINCE THE LAST REGULATORY AGENDA: None.
EXPECTED 2001-2002
RULE-MAKING ACTIVITY:
CHAPTER 107:
Unfair Trade Practice Rules
STATUTORY AUTHORITY: 5 M.R.S.A. § 209, 10 M.R.S.A. § 1682
PURPOSE: The Department of the Attorney General expects to promulgate
comprehensive rules describing various business transactions that represent
prima facie evidence of an unfair trade practice. The Department expects
that these rules will deal with the following areas:
- False and deceptive advertising
in the sale of consumer products such as motor vehicles and furniture.
- Deceptive pricing.
- General misrepresentations
and failure by a seller to inform the consumer of a material fact
concerning the consumer transaction.
- Participating in an illegal
pyramid scheme.
- False advertising.
- Motor vehicle sale regulations,
including misrepresenting any finance yield spread that benefits
the seller.
- Telephone home solicitation
sales.
- Sale of home heating fuel.
- Charitable solicitations.
- Home repairs.
- Credit sales.
- Landlord-tenant practices,
including dangerous lead paint.
- Police charitable solicitations
- Practices related to the
Petroleum Market Share Act, 10 M.R.S.A. §§ 1671-1682.
ANTICIPATED SCHEDULE:
March, 2002
AFFECTED PARTIES: Maine consumers and businesses.
CONSENSUS-BASED RULE DEVELOPMENT: While we will certainly consult with
interested parties, the Maine Unfair Trade Practices Act is a law enforcement
statute and consensus-based rule development will not always be appropriate.
© Department of the Secretary of State
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