CHAPTER 210
S.P. 324 - L.D. 1092
An Act to Prohibit Negative Option Sales Without a Consumer's Express Agreement
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA c. 205-A is enacted to read:
CHAPTER 205-A
REQUIRED DISCLOSURES TO CONSUMERS
§1210. Charges after trial period
In a sale agreed to by telephone, a merchant may not charge a consumer for a good or service after a trial period unless, prior to the charge, the consumer expressly agrees to be charged for the good or service if the consumer does not cancel the sale. At least 15 days prior to any charge, or 10 days prior to any charge if the good or service for which the consumer will be charged is physically delivered to the consumer on a weekly or more frequent basis, the merchant shall provide a consumer with a clearly written description of the agreement, the good or service being purchased, the amount being charged and the calendar date the consumer will be charged for the good or service if the consumer does not cancel the sale. This notice also must provide the specific steps by which the consumer can cancel the agreement by both mail and telephone. The merchant has the burden of proving that the consumer expressly agreed to this arrangement and that the required written notices were provided within the time limits set forth in this section.
A merchant who violates this chapter commits an unfair and deceptive act and a violation of Title 5, section 207.
Effective September 21, 2001, unless otherwise indicated.
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