| | | For purposes of this subsection, "telecommunications provider" | | means a local exchange carrier, a commercial mobile radio | | service provider, as defined in 47 United States Code, Section | | 332(d), an employee of a local exchange carrier or commercial | | mobile radio service provider acting within the scope of the | | employee's employment or an agent of a local exchange carrier | | or commercial mobile radio service provider acting within the | | scope of the agent's agency. |
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| | | 3.__State agency duties.__A state agency that issues a | | license to a state licensee shall receive and investigate | | complaints concerning violations of this subchapter by the | | licensee, may assess an administrative penalty not to exceed | | $1,000 for each violation and may order restitution of any | | monetary damages of the complainant.__In addition, if the | | agency finds that the licensee willfully or knowingly violated | | this subchapter, the agency may suspend or revoke the | | licensee's license.__All administrative fees collected | | pursuant to this subsection accrue to the Department of the | | Attorney General for use by the Attorney General for | | enforcement and administration of this subchapter. |
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| | | 4.__Consumer cause of action.__A consumer may bring a cause | | of action against a telemarketer as provided in this | | subsection. |
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| | | A.__A consumer on the Maine do-not-call list may bring a | | civil action based on the 2nd or a subsequent violation of | | section 14756 if: |
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| | | (1)__The consumer has notified the telemarketer of | | the alleged violation and, not later than the 30th | | day after the date of the call, files a verified | | complaint setting forth the relevant facts | | surrounding the violation with the Attorney General | | or a state agency that licenses the person making the | | call; and |
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| | | (2)__The Attorney General or a state agency receiving | | the complaint fails to initiate an administrative | | action or a civil enforcement action, as appropriate, | | against the telemarketer named in the complaint | | before the 121st day after the date the complaint is | | filed. |
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| | | If the consumer brings an action based on a violation of | | section 14756 and the court finds that the defendant | | willfully or knowingly violated section 14756, the court | | may award damages in an amount not to exceed $500 for each | | violation. |
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| | | B.__Notwithstanding this subsection or subsection 2 or 3, | | a consumer may bring a private right of action based on a | | violation of section 14752, 14753 or 14754: |
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