Sec. 1. 10 MRSA §1499-A is enacted to read:

§1499-A.__Telemarketing restrictions

1.__Short title.__This section may be known and cited as the "Telemarketing Registration and Fraud Prevention Act."

2.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Consumer" or "purchaser" means a person who is or may be required to pay for goods or services offered by a telemarketer through telemarketing.

B.__"Department" means the Department of the Attorney General.

C.__"Goods" or "services" means any real property or any tangible or intangible personal property or services of any kind provided or offered to a person.

D.__"Investment opportunity" means anything tangible or intangible that is offered, offered for sale, sold or traded based wholly or in part on representations, either expressed or implied, about past, present or future income, profit or appreciation.

E.__"Material aspect or element" means any factor likely to affect a person's choice of or conduct regarding goods or services and includes currency values and comparative expressions of value including, but not limited to, percentages or multiples.

F.__"Prize" means anything offered, purportedly offered and given or purportedly given to a person by chance.

G.__"Prize promotion" means a sweepstakes or other game of chance or an oral or written, expressed or implied, representation that a person has won, has been selected to receive or is eligible to receive a prize or purported prize.

H.__"Seller" means any person who, in connection with a telemarketing transaction, provides, offers to provide or arranges for others to provide goods or services to the customer in exchange for consideration.