The provision supplements applicable federal law, which requires telemarketers who submit instruments for payment to obtain the customer's "express verifiable authorization," which may be either in writing or tape recorded and must be made available upon request to the customer's bank. Federal Trade Commission's Telemarketing Sales Rule, 16 C.F.R. §310.3(a)(3), implementing the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§6101-6108. Some states also have consumer-protection laws governing authorization of instruments in telemarketing transactions. See, e.g., 9 Vt. Stat. Ann. §2464.

Sec. 5. 11 MRSA §3-1417, sub-§(1), ¶¶(b) and (c), as enacted by PL 1993, c. 293, Pt. A, §2 are amended to read:

(b) The draft has not been altered; and

(c) The warrantor has no knowledge that the signature of the drawer of the draft is unauthorized.; and

Sec. 6. 11 MRSA §3-1417, sub-§(1), ¶(d) is enacted to read:

(d)__With respect to any remotely created consumer item, the person on whose account the item is drawn authorized the issuance of the item in the amount for which the item is drawn.

Uniform Comments

9. For discussion of subsection (a)(4) [Maine subsection (1) (d)], see Comment 8 to Section 3-416 [Maine section 3-1416].

Sec. 7. 11 MRSA §4-104, sub-§(3), as amended by PL 1993, c. 293, Pt. B, §9, is further amended to read:

(3) The following definitions in other Articles apply to this Article:

"Acceptance." Section 3-1409.

"Alteration." Section 3-1407.

"Cashier's check." Section 3-1104.

"Certificate of deposit." Section 3-1104.

"Certified Check." Section 3-1409.

"Check." Section 3-1104.