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(1)__To enjoin the violation; or |
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| | | (2)__For damages in an amount equal to the person's | | actual monetary loss from the violation or $500 for | | each violation, whichever is greater. |
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| | | If the court finds that the defendant willfully or | | knowingly violated section 14752, 14753 or 14754, the | | court may increase the amount of the award to an amount | | equal to not more than 3 times the amount available under | | subparagraph (2). |
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| | | 5.__Venue.__Venue for an action based on a violation of this | | subchapter is in the county where the telemarketing call was | | made or received or, if brought by the Attorney General or a | | state agency, in Kennebec County. |
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| | | 6.__Determination of penalties.__The amount of a civil or | | administrative penalty imposed under this section must be | | based on: |
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| | | A.__The seriousness of the violation, including the | | nature, circumstances, extent and gravity of the | | violation; |
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| | | B.__The history of previous violations; |
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| | | C.__The amount necessary to deter a future violation; |
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| | | D.__Efforts to correct the violation; and |
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| | | E.__Any other matter that justice may require. |
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| | | The Attorney General shall adopt rules to administer this | | subchapter.__Rules adopted pursuant to this section are major | | substantive rules as defined in Title 5, chapter 375, | | subchapter 2-A.__The rules must: |
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| | | 1.__Information dissemination.__Require each local exchange | | telephone company to inform its customers of the requirements | | of this subchapter by annual inserts in billing statements | | mailed to customers or conspicuous publication of the notice | | in the consumer information pages of local telephone | | directories or other appropriate notice to consumers.__The | | Attorney General may conduct educational programs designed to | | inform the public of their rights and telemarketers of their | | obligations under this subchapter; |
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