Sec. 1. 10 MRSA §1498, sub-§7, as amended by PL 1991, c. 524, §3, is repealed.

Sec. 2. 10 MRSA §1498, sub-§7-A is enacted to read:

7-A.__Failure to produce transcript.__A person using an automated telephone calling device for making solicitation calls shall maintain a full transcript of each solicitation call message that the person has transmitted to consumers during the previous 36 months.__A copy of the transcript must be made available to the Attorney General upon request.__Failure to provide a copy of a requested transcript is a violation of this section.

Sec. 3. 10 MRSA §1498, sub-§8, as enacted by PL 1989, c. 775, is amended to read:

8. Penalty. Violation of this section, including the provision of false registration information, is an unfair trade practice as prohibited by Title 5, section 207.

Sec. 4. 32 MRSA §4690-A is enacted to read:

§4690-A.__Telemarketers

1. Incorporation of federal standards.__Violation of any provision of the Federal Trade Commission's Telemarketing Sales Rule, 16 Code of Federal Regulations, Part 310, as in effect on January 1, 2000, other than Section 310.3 (a) (3) of that rule, by a transient seller of consumer merchandise is a violation of this chapter.

2.__Additional prohibitions.__A transient seller of consumer merchandise who is a telemarketer, as defined in the Federal Trade Commission's Telemarketing Sales Rule, 16 Code of Federal Regulations, Section 310.2, as in effect on January 1, 2000, and who initiates telephone contact with a consumer may not:

A.__Obtain or submit for payment a check, draft or other form of negotiable paper drawn on a consumer's checking, savings or bond or other account without the consumer's express, verifiable written authorization; or

B.__Procure the services of any professional delivery courier or other pick-up service to obtain immediate receipt or possession of a consumer's payment, unless the goods are delivered with the opportunity to inspect before any payment is collected.