Maine Fair Credit Reporting Act
Title 10: Maine Fair Credit Reporting Act
Part 3: Regulation of Trade
Chapter 210: Fair Credit Reporting Act
This chapter may be cited as the "Fair Credit Reporting Act."
1. Findings. The Legislature makes the following findings.
A. Creditors, insurers and prospective employers are dependent upon fair and accurate consumer reporting. Inaccurate consumer reports directly impair the efficiency of economic decisions, and unfair consumer reporting methods undermine the public confidence which is essential to our economic system.
B. An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character and general reputation of consumers.
C. Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.
D. There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality and a respect for the consumer's right to privacy.
2. Purposes. The purposes of this chapter are to:
A. Require consumer reporting agencies to adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance and other information in a manner which is fair and equitable to the consumer, with regard for confidentiality, accuracy, relevancy and proper utilization of this information in accordance with the requirements of this chapter; and
B. Supplement the provisions of the United States Fair Credit Reporting Act of the United States Consumer Credit Protection Act, Public Law 90-321, United States Code, Title 15, Section 1681, et seq.
As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings.
1. Adverse information. "Adverse information" means information that is likely to have a negative effect upon the ability or eligibility of a consumer to obtain credit, credit insurance, employment or other benefits, goods or services.
1-A. Administrator. "Administrator" means the Director of the Office of Consumer Credit Regulation.
1-B. Adverse action. "Adverse action" has the following meaning.
A. "Adverse action" has the same meaning as in Section 701(d)(6) of the federal Equal Credit Opportunity Act, Public Law 94-239, Section 2, 90 Stat. 252 (1976).
B. In addition to the meaning under paragraph A, "adverse action" means:
(1) A denial or cancellation of, an increase in any charge for or a reduction or other adverse or unfavorable change in the terms of coverage or amount of any insurance, existing or applied for, in connection with the underwriting of insurance;
(2) A denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee;
(3) A denial or cancellation of, an increase in any charge for or any other adverse or unfavorable change in the terms of any license or benefit described in section 1313-A, subsection 1, paragraph C, subparagraph 4; or
(4) An action taken or determination made that is:
(a) In connection with an application that was made by, or a transaction that was initiated by, any consumer or in connection with a review of an account under section 1313-A, subsection 1, paragraph C, subparagraph (6), division (b); and
(b) Adverse to the interests of the consumer.
2. Consumer. "Consumer," for purposes of section 1314 only, means an individual who makes an application while physically in this State to a user located in this State, or to a person located in this State accepting applications on behalf of a user, for an economic benefit, and about whom the user reasonably believes a consumer report or an investigative consumer report will be prepared in this State by a consumer reporting agency, or an office of a consumer reporting agency. "Consumer," for all other purposes and for this chapter, means an individual about whom a consumer report or an investigative consumer report has been prepared in this State by a consumer reporting agency, or an office of a consumer reporting agency.
3. Consumer report. "Consumer report" has the following meaning.
A. "Consumer report" means any written, oral or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, credit capacity, debts, check-writing experience, insurability, character, general reputation, personal characteristics, including, but not limited to, information regarding the consumer's medical history or condition, that is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for:
(1) Credit or insurance to be used primarily for personal, family or household purposes;
(2) Employment purposes; or
(3) Other purposes authorized under section 1313-A.
B. "Consumer report" does not include:
(1) Any report containing information solely as to transactions or experiences between the consumer and the person making the report, but the term does include a report containing information obtained:
(a) By covert physical surveillance of the consumer, other than through observation or supervision in the ordinary course of the relationship; or
(b) Through examination of the consumer using a polygraph or other truth verification device;
(2) Any communication of information exempt under subparagraph (1) among persons related by common ownership or affiliated by corporate control;
(3) Any communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity before the time that the information is initially communicated to direct that the information not be communicated among such persons;
(4) Any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device;
(5) Any report in which a person who has been requested by a 3rd party to make a specific extension of credit directly or indirectly to a consumer conveys the person's decision with respect to the request, if the 3rd party advises the consumer of the name and address of the person to whom the request was made and the person makes the disclosures to the consumer required under section 1320;
(6) Any transfer of information to the guarantor, insurer or other similar person participating in the same transaction, if the transmitting party advises the consumer of the name and address of the other person and that other person makes any disclosure required by section 1320;
(7) Any transfer of information collected by a creditor in connection with a consumer's credit application to a subsequent purchaser of the transaction, if the purchaser agrees to use the information only in connection with the purchased transaction; or
(8) Any transfer of information collected by an insurer in connection with a consumer's insurance application or claim to a reinsurer or an insurer with potential liability under the same claim, if the recipient agrees to use the information only in connection with the insurance transaction.
C. "Consumer report" includes a communication of information of the type described by this subsection, notwithstanding the fact that:
(1) The information is used other than for a purpose referred to in paragraph A, if the information was in whole or in part collected, used or expected to be used for a purpose referred to in paragraph A; or
(2) The information is maintained, collected and used only to alert the user to the need for further investigation, but is not intended to be used in whole or in part to deny or increase the charge for credit, insurance, employment or other benefit.
4. Consumer reporting agency. "Consumer reporting agency" means any person who, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports or investigative consumer reports to 3rd parties.
For purposes of this chapter, the phrase "3rd party" shall not include an insurer to the extent consumer credit information or other information on consumers is furnished to the insurer by its own employee or licensed agent.
4-A. Credit or insurance transaction that is not initiated by the consumer. "Credit or insurance transaction that is not initiated by the consumer" does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of either:
A. Reviewing the account or insurance policy; or
B. Collecting the account.
5. Employment purposes. "Employment purposes" when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.
6. File. "File" when used in connection with information on any consumer means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.
6-A. Firm offer of credit or insurance. "Firm offer of credit or insurance" means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following:
A. The consumer being determined, based on information in the consumer's application for the credit or insurance, to meet specific criteria bearing on creditworthiness or insurability, as applicable, that are established:
(1) Before selection of the consumer for the offer; and
(2) For the purpose of determining whether to extend credit or insurance pursuant to the offer;
B. Verification:
(1) That the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumer's application for the credit or insurance or other information bearing on the creditworthiness or insurability of the consumer; or
(2) Of the information in the consumer's application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on creditworthiness or insurability; or
C. The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was:
(1) Established before selection of the consumer for the offer of credit or insurance; and
(2) Disclosed to the consumer in the offer of credit or insurance.
6-B. Identity theft. "Identity theft" means the unauthorized use of another person's personal identifying information to obtain credit, goods, services, money or property.
7. Investigative consumer report. "Investigative consumer report" means a consumer report or portion thereof which includes information bearing on a consumer's character, general reputation, personal characteristics or mode of living which is obtained through personal or telephone interviews with neighbors, friends or associates of the consumer or with others with whom he is acquainted or who may have knowledge concerning any such items of information. Such information shall not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.
8. Medical information. "Medical information" means information or records obtained, directly or indirectly and with the consent of the individual to whom it relates, from a licensed physician, medical practitioner, hospital, clinic or other medical or medically related facility.
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10. Person. "Person" means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.
10-A. Supervised financial organization. "Supervised financial organization" means supervised financial organization as defined in Title 9-A, section 1-301, subsection 38-A.
10-B. Proper identification. "Proper identification" means that information generally considered sufficient to identify a person.
10-C. Security freeze or freeze. "Security freeze" or "freeze" means a notice placed in a consumer report at the request of the consumer pursuant to section 1313-C that prohibits a consumer reporting agency from releasing the consumer's report or any information in the report without that consumer's express authorization.
11. User. "User" when used in connection with the use of a consumer report means any recipient of a consumer report or an investigative consumer report other than the subject thereof.
1. Permissible purposes of credit reports. Subject to subsection 3, a consumer reporting agency may furnish a consumer report under the following circumstances only:
A. In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a grand jury;
B. In accordance with the written instructions of the consumer to whom the consumer report relates;
C. To a person that the consumer reporting agency has reason to believe:
(1) Intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer;
(2) Intends to use the information for employment purposes;
(3) Intends to use the information in connection with the underwriting of insurance involving the consumer;
(4) Intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status;
(5) Intends to use the information, as a potential investor or service or as a current insurer, in connection with a valuation of or an assessment of the credit or prepayment risks associated with an existing credit obligation; or
(6) Otherwise has a legitimate business need for the information:
(a) In connection with a business transaction that is initiated by the consumer; or
(b) To review an account to determine whether the consumer continues to meet the terms of the account; or
D. To the administrator pursuant to section 1328.
2. Conditions for furnishing and using consumer reports for employment purposes. This subsection applies to the furnishing and use of a consumer report for employment purposes.
A. A consumer reporting agency may furnish a consumer report for employment purposes only if:
(1) The person who obtains the report from the agency certifies to the agency that:
(a) The person has complied with paragraph B with respect to the consumer report, and the person will comply with section 1320 with respect to the consumer report if section 1320 becomes applicable; and
(b) Information from the consumer report will not be used in violation of any applicable federal or state equal employment opportunity law or regulation; and
(2) The consumer reporting agency provides with the report, or has previously provided, a summary of the consumer's rights as prescribed by the Federal Trade Commission under 15 United States Code, Section 1681g(c)(3).
B. Except as provided in paragraph B-1, a person may not procure a consumer report or cause a consumer report to be procured for employment purposes with respect to any consumer, unless:
(1) A clear and conspicuous disclosure has been made in writing to the consumer before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and
(2) The consumer has authorized in writing the procurement of the report by that person.
B-1. A person who procures a consumer report on a consumer described in paragraph B-2, subparagraph (1) for employment purposes shall provide to the consumer, by oral, written or electronic means, notice that a consumer report may be obtained for employment purposes and a summary of the consumer's rights under section 1320, subsection 1-B, paragraph C:
(1) When the consumer applies for employment by mail; and
(2) When the consumer has consented, orally, in writing or electronically, to the procurement of the report by that person.
B-2. Paragraph B-1 applies to a person procuring a consumer report on a consumer in connection with the consumer's application for employment only if:
(1) The consumer is applying for a position over which the federal Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of 49 United States Code, Section 31502 or a position subject to safety regulation by a state transportation agency; and
(2) As of the time at which the person procures the consumer report or causes the report to be procured, the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer or other similar means.
C. Except as provided in paragraph C-1, in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take the adverse action shall provide to the consumer to whom the report relates:
(1) A copy of the report; and
(2) A description in writing of the rights of the consumer as prescribed by the Federal Trade Commission under 15 United States Code, Section 1681g(c)(3).
C-1. If a consumer described in paragraph C-2 applies for employment by mail, telephone, computer or other similar means and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person shall provide to the consumer to whom the report relates, in lieu of the notices required under paragraph B, subparagraph (1) and under section 1320, within 3 business days of taking such action, an oral, written or electronic notification:
(1) That adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency;
(2) Of the name, address and telephone number of the consumer reporting agency that furnished the consumer report, including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis;
(3) That the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken; and
(4) That the consumer may, upon providing proper identification, request a free copy of a consumer report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.
If, under subparagraph (4), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumer's request together with proper identification, the person shall send or provide to the consumer a copy of a report and a summary of the consumer's rights as prescribed by the Federal Trade Commission under 15 United States Code, Section 1681g(c)(3).
C-2. Paragraph C-1 applies to a person procuring a consumer report on a consumer in connection with the consumer's application for employment only if:
(1) The consumer is applying for a position over which the federal Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of 49 United States Code, Section 31502 or a position subject to safety regulation by a state transportation agency; and
(2) As of the time at which the person procures the consumer report or causes the report to be procured, the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer or other similar means.
3. Furnishing consumer reports in connection with credit or insurance transactions that are not initiated by the consumer. The furnishing of a consumer report in connection with a credit or insurance transaction that is not initiated by the consumer must be in accordance with this subsection.
A. A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subsection 1, paragraph C, subparagraph (1) or (3) in connection with any credit or insurance transaction that is not initiated by the consumer only if:
(1) The consumer authorizes the agency to provide the report to the person requesting the report; or
(2) The transaction consists of a firm offer of credit or insurance; the consumer reporting agency has complied with Section 604(e) of the federal Fair Credit Reporting Act; and there is not in effect an election by the consumer, made in accordance with Section 604(e) of the federal Fair Credit Reporting Act, to have the consumer's name and address excluded from lists of names provided by the agency pursuant to this paragraph.
B. A person may receive pursuant to paragraph A, subparagraph (2) only:
(1) The name and address of a consumer;
(2) An identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer; and
(3) Other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.
4. Information regarding inquiries. Except as provided in section 1315, a consumer reporting agency may not furnish to any person a record of inquiries in connection with a credit or insurance transaction that are not initiated by a consumer.
5. Election of consumer to be excluded from lists. A consumer may elect to have the consumer's name and address excluded from any list provided by a consumer reporting agency under subsection 3 in connection with a credit or insurance transaction that is not initiated by the consumer by notifying the agency in accordance with paragraph A that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.
A. A consumer shall notify a consumer reporting agency:
(1) Through the notification system maintained by the agency under paragraph D; or
(2) By submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.
B. Upon receipt of notification of the election by a consumer through the notification system maintained by a consumer reporting agency under paragraph D, the agency shall:
(1) Inform the consumer that the election is effective only for the 2-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph A, subparagraph (2); and
(2) Provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the notification system established under paragraph D.
C. An election by a consumer under this subsection:
(1) Is effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph A;
(2) Is effective with respect to a consumer reporting agency:
(a) Subject to subparagraph (3), during the 2-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph A, subparagraph (1); or
(b) Until the consumer notifies the agency under subparagraph (3), in the case of an election for which a consumer notifies the agency in accordance with paragraph A, subparagraph (2);
(3) Is not effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph D, that the election is no longer effective; and
(4) Is effective with respect to each affiliate of the agency.
D. A consumer reporting agency shall establish a notification system.
(1) Each consumer reporting agency that, under subsection 3, furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer shall:
(a) Establish and maintain a notification system, including a toll-free telephone number, that permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumer's election to have the consumer's name and address excluded from a list of names and addresses provided by the agency for such a transaction; and
(b) Publish not less than annually, in a publication of general circulation in the area served by the agency:
(i) A notification that information in consumer files maintained by the agency may be used in connection with such transactions; and
(ii) The address and toll-free telephone number for consumers to use to notify the agency of the consumer's election under this subsection.
(2) An affiliate of a consumer reporting agency that establishes and maintains a notification system, including a toll-free telephone number, and publishes information under subparagraph (b) on the agency's own behalf and on behalf of any of its affiliates in accordance with this paragraph is considered to be in compliance with this paragraph.
E. Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph D jointly with other such consumer reporting agencies.
6. Certain use or obtaining of information prohibited. A person may not use or obtain a consumer report for any purpose unless:
A. The consumer report is to be obtained for a purpose for which the consumer report is authorized to be furnished under this section; and
B. The purpose is certified in accordance with section 1321 by a prospective user of the report through a general or specific certification.
7. Furnishing reports containing medical information. A consumer reporting agency may not furnish for employment purposes or in connection with a credit or insurance transaction or a direct marketing transaction a consumer report that contains medical information about a consumer unless the consumer consents in writing to the furnishing of the report.
1. Information excluded from consumer reports; prohibited items. Except as authorized under subsection 2, a consumer reporting agency may not make any consumer reports containing any of the following items of information:
A. Cases under federal law, Title 11 or under the federal Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years;
B. Civil suits, civil judgments and records of arrest that, from date of entry, antedate the report by more than 7 years or until the governing statute of limitations has expired, whichever is the longer period;
C. Paid tax liens that, from date of payment, antedate the report by more than 7 years;
D. Accounts placed for collection or charged to profit and loss that antedate the report by more than 7 years; or
E. Any other adverse item of information, other than records of conviction of crimes, that antedates the report by more than 7 years.
2. Exempted cases. The provisions of subsection 1 are not applicable in the case of any consumer credit report to be used in connection with:
A. A credit transaction involving, or that may reasonably be expected to involve, a principal amount of $150,000 or more;
B. The underwriting of life insurance involving, or that may reasonably be expected to involve, a face amount of $150,000 or more; or
C. The employment of any individual at an annual salary that equals, or that may reasonably be expected to equal, $75,000 or more.
3. Running of reporting period. The reporting period for consumer reports runs as follows.
A. The 7-year period referred to in subsection 1, paragraphs D and E begins with respect to any delinquent account that is placed for collection, internally or by referral to a 3rd party, whichever is earlier, charged to profit and loss or subjected to any similar action upon the expiration of a 180-day period beginning on the date of the commencement of the delinquency that immediately preceded the collection activity, charge to profit and loss or similar action.
B. Paragraph A applies only to items of information added to the file of a consumer on or after December 30, 1997.
4. Information required to be disclosed. Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving a consumer that arises under federal law or Title 11 shall include in the report an identification of the chapter of Title 11 under which the case arises if provided by the source of the information. If any case arising or filed under Title 11 is withdrawn by the consumer before a final judgment, the consumer reporting agency shall include in the report that the case or filing was withdrawn upon receipt of documentation certifying the withdrawal.
5. Indication of closure of account by consumer. If a consumer reporting agency is notified pursuant to section 1320-A, subsection 4 that a credit account of a consumer was voluntarily closed by the consumer, the agency shall indicate that fact in any consumer report that includes information related to the account.
6. Indication of dispute by consumer. If a consumer reporting agency is notified pursuant to section 1320-A, subsection 3 that information regarding a consumer that was furnished to the agency is disputed by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed information.
1. Procedure. A consumer may place a security freeze on the consumer's report as follows.
A. A consumer who has been the victim of identity theft may place a security freeze on the consumer's report by making a request in writing by certified mail to a consumer reporting agency with a valid copy of a police report, investigative report or complaint the consumer has filed with a law enforcement agency about unlawful use of personal information by another person. In the case of a victim of identity theft, a consumer reporting agency may not charge a fee for placing, removing or suspending for a specific party or period of time a security freeze on a consumer report.
B. A consumer who has not been the victim of identity theft may place a security freeze on the consumer's report by making a request in writing by certified mail to a consumer reporting agency. A consumer reporting agency may charge a fee of no more than $10 to a consumer for each freeze, removal of a freeze or temporary suspension of a freeze for a period of time or for reissuing the same or a new personal identification number if the consumer fails to retain the original personal identification number provided by the agency. A consumer reporting agency may charge a fee of not more than $12 for a temporary suspension of a freeze for a specific party.
C. Subject to the exceptions in subsection 12, when a security freeze has been placed on an account the consumer reporting agency may not:
(1) Release the consumer report or any information from it without the express authorization of the consumer; or
(2) Release information from a consumer report to a 3rd party without express authorization of the consumer. This subparagraph does not prevent a consumer reporting agency from advising a 3rd party that a security freeze is in effect with respect to the consumer report.
2. Time to place security freeze. A consumer reporting agency shall place a security freeze on a consumer report no later than 5 business days after receiving a written request from the consumer.
3. Confirmation; personal identification number. The consumer reporting agency shall send a written confirmation of the security freeze to the consumer within 10 business days and shall provide the consumer with a personal identification number or password, other than the consumer's social security number, to be used by the consumer when providing authorization for the release of the consumer report to a specific party or for a period of time.
4. Access during freeze. If the consumer wishes to allow access to the consumer report by a specific party or for a period of time while a freeze is in place, the consumer may contact the consumer reporting agency, request that the freeze be temporarily suspended and provide the following:
A. Proper identification;
B. The personal identification number or password provided by the consumer reporting agency pursuant to subsection 3; and
C. The proper information regarding the specific party granted access or the time period for which the report is to be available to users.
5. Electronic access. A consumer reporting agency may develop procedures involving the use of telephone, facsimile transmission, the Internet or other electronic media to receive and process a request from a consumer to temporarily suspend a freeze on a consumer report pursuant to subsection 4 in an expedited manner. A consumer reporting agency may not charge a fee to a consumer for use of these procedures in excess of those fees otherwise permitted under this section.
6. Time to suspend freeze. A consumer reporting agency that receives a request from a consumer to temporarily suspend a freeze on a consumer report pursuant to subsection 4 shall comply with the request no later than 3 business days after receiving the request.
7. Suspension or removal of freeze. A consumer reporting agency shall remove or temporarily suspend a freeze placed on a consumer report only:
A. Upon consumer request, pursuant to subsection 4 or 10; or
B. If the consumer report was frozen due to a material misrepresentation of fact by the consumer. If a consumer reporting agency intends to remove a freeze upon a consumer report pursuant to this paragraph, the consumer reporting agency shall notify the consumer in writing prior to removing the freeze on the consumer report.
8. Effect of freeze. If a 3rd party requests access to a consumer report on which a security freeze is in effect and this request is in connection with an application for credit or any other use and the consumer does not allow access to the consumer report for that specific party or period of time, the 3rd party may treat the application as incomplete.
9. Explanation of process. If a consumer requests a security freeze pursuant to this section, the consumer reporting agency shall disclose to the consumer the processes of placing and temporarily lifting a security freeze and the process for allowing access to information from the consumer report for a specific party or period of time while the security freeze is in place. A consumer reporting agency shall provide a sample copy of the agency's disclosure form to the administrator at the first annual registration or reregistration under section 1328 following the effective date of this section and any time there is a material change in the disclosure form required by this subsection.
10. Duration of freeze; removal. A security freeze must remain in place until the consumer requests that the security freeze be removed. A consumer reporting agency shall remove a security freeze within 3 business days of receiving a request for removal from a consumer who provides:
A. Proper identification; and
B. The personal identification number or password provided by the consumer reporting agency pursuant to subsection 3.
11. Proper identification. A consumer reporting agency shall require proper identification of the person making a request to place or remove a security freeze.
12. Exceptions. The provisions of this section, including the security freeze, do not apply to the use of a consumer report by the following:
A. A person or person's subsidiary, affiliate, agent or assignee with which the consumer has or, prior to assignment, had an account, contract or debtor-creditor relationship for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract or debt or extending credit to a consumer with a prior or existing account, contract or debtor-creditor relationship, subject to the requirements of section 1313-A. For purposes of this paragraph, "reviewing the account" includes activities related to account maintenance, monitoring, credit line increases and account upgrades and enhancements;
B. A subsidiary, affiliate, agent, assignee or prospective assignee of a person to whom access has been granted under subsection 4 for purposes of facilitating the extension of credit or another permissible use;
C. A person acting pursuant to a court order, warrant or subpoena;
D. Child support enforcement officials when investigating a child support case pursuant to Title 19-A or to Title IV-D of the federal Social Security Act;
E. The Department of Health and Human Services or its agents or assignees acting to investigate Medicaid fraud;
F. The Department of Administrative and Financial Services, Maine Revenue Services; municipal taxing authorities; the Secretary of State, Bureau of Motor Vehicles; or any of their agents or assignees, acting to investigate or collect delinquent taxes or assessments, including interest and penalties and unpaid court orders, or to fulfill any of their other statutory or charter responsibilities;
G. A person's use of credit information for prescreening as provided by the federal Fair Credit Reporting Act or this chapter;
H. A person for the sole purpose of providing a credit file monitoring subscription service to which the consumer has subscribed;
I. A consumer reporting agency for the sole purpose of providing a consumer with a copy of that consumer's report upon the consumer's request; and
J. The administrator pursuant to section 1328.
If a security freeze is in place, a consumer reporting agency may not change any of the following official information in a consumer report without sending written confirmation of the change to the consumer within 30 days of the change being posted to the consumer's file: name, date of birth, social security number and address. Written confirmation is not required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings and transposition of numbers or letters. In the case of an address change, the written confirmation must be sent to the new address and the former address.
The following persons are not required to place on a consumer report a security freeze pursuant to section 1313-C, except that any person that is not required to place a security freeze on a consumer report under the provisions of section 1313-C is subject to a security freeze placed on a consumer report by another consumer reporting agency from which it obtains information:
1. Check services or fraud prevention services company. A check services or fraud prevention services company that reports on incidents of fraud or issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers or similar methods of payment;
2. Deposit account information service company. A deposit account information service company that issues reports regarding account closures due to fraud, overdrafts, automated teller machine abuse or similar negative information regarding a consumer to inquiring financial institutions for use only in reviewing that consumer's request for a deposit account at the inquiring financial institution; and
3. Consumer reporting agency. A consumer reporting agency that:
A. Acts only to resell credit information by assembling and merging information contained in a database of one or more consumer reporting agencies; and
B. Does not maintain a permanent database of credit information from which new consumer reports are produced.
1. Notice to consumer required. A person may not procure or cause to be prepared an investigative consumer report on any consumer, unless:
A. That person has provided the consumer with a clear and conspicuous written notice as required by subsection 2 and delivered to the consumer either at the time of the application or any time not less than 3 business days before the date on which the requested investigation is begun, provided that delivery shall be accomplished personally or by mail and, if by mail, shall be sufficient upon compliance with Title 9-A, section 5-110, subsection 1.
B. [1981, c. 610, § 6 (rp)..]
2. Contents of notice. The notice to the consumer, which is required by the preceding subsection shall clearly and conspicously:
A. Disclose to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics and mode of living, whichever is applicable, may be made;
B. Inform the consumer that he may request and receive from the person who intends to procure such a report, within 5 business days of that person's receipt of his request, the name, address and telephone number of the nearest unit designated to handle inquiries of each consumer reporting agency issuing an investigative consumer report about him; and
C. Inform the consumer that he may request and promptly receive from all such consumer reporting agencies copies of any such investigative consumer reports.
1. Required disclosures. Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to that consumer:
A. All information in its files on the consumer at the time of the request, except that medical information, as defined in section 1312, subsection 8, may be withheld. The consumer shall be informed by the agency of the existence of any such medical information withheld and shall have a right to have that information disclosed to a licensed physician of his choice. Nothing in this chapter shall be construed to prevent, or to authorize any consumer reporting agency to prevent, such a physician from subsequently disclosing that information to the consumer to whom it relates. The agency shall inform the consumer of the consumer's right to disclosure of such withheld information at the time the consumer makes a request to inspect all files pursuant to this section.
B. All items of information in its files on that consumer except that the sources of information need not be disclosed. However, in the event an action is brought under this chapter such sources shall be available to the consumer under appropriate discovery procedures in the court in which the action is brought.
C. The names and addresses of the recipients of any consumer report or investigative consumer report on the consumer which it has furnished:
(1) For employment purposes within the 2-year period preceding the request; and
(2) For any other purpose within the 6-month period preceding the request.
D. The procedures adopted by the consumer reporting agency pursuant to section 1317 to enable a consumer to correct any inaccurate information contained in that consumer's consumer report.
2. Exceptions. The requirements of subsection 1 respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to the effective date of this chapter, except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date.
3. Agency compliance with request. A consumer reporting agency shall not require a consumer to do anything other than furnish identification in order that the consumer may have access to information required to be disclosed by subsection 1.
1. Conditions. A consumer reporting agency shall make the disclosures required under this section during normal business hours and on reasonable notice.
2. Methods. The disclosures required under section 1315 must be made to the consumer by one or more of the following methods:
A. In person, if the consumer appears in person and furnishes proper identification, and, in any such case, the consumer must be permitted a personal visual inspection of the consumer's file and, upon the consumer's request, must be furnished copies of any report at a charge not to exceed the agency's actual costs for photocopying or otherwise producing the report;
B. By telephone, if the consumer presents proper identification, and the toll charge, if any, for the telephone call is prepaid by or charged directly to the consumer; or
C. By promptly mailing a copy of the consumer's file to the consumer, if the consumer has made a written request by ordinary mail with proper identification, at a charge not to exceed the agency's actual costs for photocopying or otherwise producing the report and mailing it.
In the event that the request for a copy of a consumer's file is made within 60 days after an adverse credit determination, the cost of the disclosure must be paid by the consumer reporting agency. The agency may not be held responsible for improper disclosure of a consumer's file resulting from improper delivery by the United States Postal Service when the agency properly mailed the file, correctly addressed, to the consumer who is the subject of the file nor may the agency be held responsible for improper telephone disclosures under paragraph B when the agency used reasonable procedures to ensure proper identification of the consumer who called for the disclosure.
Upon the request of the consumer, a consumer reporting agency shall make all disclosures pursuant to section 1315 once during any 12-month period without charge to that consumer if the consumer certifies in writing that the consumer is unemployed and intends to apply for employment in the 60-day period beginning on the date on which the certification is made, is a recipient of public welfare assistance or has reason to believe that the file on the consumer at the agency contains inaccurate information due to fraud.
2-A. Additional charges.[2003, c. 118, §2 (rp).]
2-B. Fees for disclosures. Notwithstanding any other provision of this chapter, a consumer reporting agency may not impose a fee for a consumer report provided to a consumer upon request once during any 12-month period. For a 2nd or subsequent report made during a 12-month period, a consumer reporting agency may charge a consumer a fee not to exceed $5.
3. Agency personnel to supply information to consumer. Any consumer reporting agency shall provide trained personnel to explain to the consumer any information furnished to him either by personal interview or telephone communication and information furnished by mail shall be accompanied by an explanation of such information if provided in code or trade terminology.
4. Consumer seeking disclosure by personal interview. The consumer who seeks disclosure by means of a personal interview pursuant to subsection 2, paragraph A, shall be permitted to be accompanied by one other person of his choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer's file in such person's presence.
1. Agency procedures for corrections. A consumer reporting agency shall adopt reasonable procedures to enable a consumer to correct any inaccurate information in the consumer's file. For the purposes of this section, "inaccurate information" includes, but is not limited to, materially incomplete information within the scope of the report requested and information in the report that is the result of identity theft.
2. Reinvestigation by consumer reporting agency. If a consumer disputes any item of information contained in the consumer's file on the ground that it is inaccurate and the dispute is directly conveyed to the consumer reporting agency by the consumer, the consumer reporting agency shall reinvestigate and record the current status of the information within 21 calendar days of notification of the dispute by the consumer, unless it has reasonable grounds to believe that the dispute by the consumer is frivolous, and it shall then immediately notify the consumer of the result of its investigation and the consumer's rights pursuant to subsections 4, 5 and 6. The presence of contradictory information in a consumer's file does not, in and of itself, constitute reasonable grounds for believing the dispute is frivolous.
3. Agency to record efforts in consumer file. Upon reinvestigation, the consumer reporting agency shall record in the consumer's file the efforts undertaken to reinvestigate the dispute, including, but not limited to, the names of the person or persons conducting the reinvestigation.
4. Agency action, if error. If, after conducting the reinvestigation prescribed by subsection 2, the consumer reporting agency finds that an item is inaccurate or that it can no longer be verified, it shall:
A. Promptly expunge the item and otherwise correct the file; and
B. Refrain from reporting the item in subsequent consumer reports, unless the item is later verified.
Notwithstanding anything is this section, if a consumer reporting agency is requested to act pursuant to this subsection, it may retain the report that is found to be inaccurate; provided that the report is kept separate from other reports about the consumer, that it is conspicuously marked as containing inaccurate information which shall not be disclosed, and that it shall not be disclosed by the consumer reporting agency except in connection with its defense to a civil action brought pursuant to sections 1322 and 1323.
5. Agency inability to resolve difference. If, after conducting the reinvestigation prescribed by subsection 2, the consumer reporting agency is unable to resolve any difference still remaining between the allegations made by its sources and the consumer, it shall:
A. Promptly indicate in the file that the item is disputed;
B. Permit the consumer to file a statement containing the nature of the dispute. The agency may limit such statements to not more than 200 words if it provides the consumer with assistance in writing a clear summary of the dispute;
C. Include the consumer's statement of the dispute in all subsequent credit reports containing the information in question; and
D. Clearly note in all subsequent consumer reports that the item is disputed by the consumer.
6. Agency notification of change. When a consumer reporting agency must act pursuant to subsections 4 or 5, it shall notify the consumer in writing that it will notify each person whom the consumer designates who has received the item of information during the previous 2 years for employment purposes or during the previous 6 months for any other purpose that the item is inaccurate, can no longer be verified or that it is disputed and that it will furnish them with the corrected information, and the consumer reporting agency shall notify each person designated by the consumer who has received the item of information during the previous 2 years from employment purposes or during the previous 6 months for any other purpose, that the item is inaccurate, can no longer be verified or that it is disputed, and shall furnish those persons with the corrected information and, where applicable, with a copy of the consumer's statement.
A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer's ability to obtain employment shall:
1. Notification to consumer of report. At the time such public record information is reported to the user of such consumer report, notify the consumer of the substance of the public record information that is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or
2. Strict procedures. Maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up-to-date. For purposes of this subsection, items of public record relating to convictions, suits, tax liens and outstanding judgments shall be considered up-to-date if the current public record status of the item at the time of the report is reported.
1. Inclusion of adverse information in subsequent report. Whenever a consumer reporting agency prepares an investigative consumer report, no adverse information in the consumer report, other than information which is a matter of public record, may be included in a subsequent consumer report unless such adverse information has been verified in the process of making such subsequent consumer report or the adverse information was received within the 3-month period preceding the date that subsequent report is furnished.
2. Report to be in writing. Each investigative consumer report shall be in writing, shall identify the sources of all information contained therein and shall be retained in the file of the consumer to whom it relates for a period of 2 years following its completion if it has been compiled or reported for employment purposes, or for a period of at least 6 months for other purposes. The sources of information in the file need not be disclosed to the consumer except pursuant to the process of discovery in a lawsuit.
1. Procedures when action taken because of consumer report information.
1-A. Record retention. Copies of all disclosures made in accordance with subsection 1-B, must be retained by the user for a period of at least 2 years following the date of disclosure. These records need not be kept in this State if the administrator is given free access to the records, wherever located.
1-B. Duties of users taking adverse actions on the basis of information contained in consumer reports. If a person takes an adverse action with respect to a consumer that is based in whole or in part on any information contained in a consumer report, the person shall:
A. Provide written or electronic notice of the adverse action to the consumer;
B. Provide to the consumer in writing or electronically:
(1) The name, address and telephone number of the consumer reporting agency, including a toll-free telephone number established by the agency that furnished the report to the person if the agency compiles and maintains files on consumers on a nationwide basis; and
(2) A statement that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide the consumer the specific reasons why the adverse action was taken; and
C. Provide to the consumer a written or electronic notice of the consumer's right:
(1) To obtain under section 1316 a free copy of a consumer report on the consumer from the consumer reporting agency. The notice must include an indication of the 60-day period under section 1316 for obtaining the copy; and
(2) To dispute, under section 1317, with a consumer reporting agency the accuracy or completeness of any information in a consumer report furnished by the agency.
2. Procedures when credit denied or charge for credit increased. Whenever credit for personal, family, or household purposes involving a consumer is denied or the charge for such credit is increased either wholly or partly because of information obtained from a person other than a consumer reporting agency bearing upon the consumer's credit worthiness, credit standing, or credit capacity, the user of such information shall, within a reasonable period of time, upon the consumer's written request for the reasons for such adverse action received within 60 days after learning of such adverse action, disclose the nature of the information to the consumer. The user of such information shall clearly and accurately disclose to the consumer his right to make such written request at the time such adverse action is communicated to the consumer.
2-A. Social security number.[1999, c. 150, §9 (rp).]
2-B. Consumer request for consumer report.[1999, c. 510, §2 (rp).]
2-C. Consumer mortgage reports. In any consumer credit transaction involving a consumer report relating to a loan to be secured by a first mortgage on an owner-occupied dwelling, whenever a user has requested such a report and because or partly because of information contained in the report adverse action is taken, the user shall provide a copy of the report to the consumer. This subsection does not apply if the consumer reporting agency provides a copy of the report to the consumer.
3. Dissemination of consumer report information prohibited. Every user of a consumer report or an investigative consumer report shall be prohibited from disseminating to any other person, other than the consumer who is the subject of the report, any such report other than information contained in its own files as a result of its direct experience with the consumer. Except for medical information and sources as described in section 1315, subsection 1, a consumer reporting agency may not by contract or otherwise prohibit a user of any consumer report or investigative consumer report from disclosing the contents of the report to the consumer to whom it relates. A contractual provision in violation of this section shall be unenforceable.
3-A. Medical expenses debts; court or administrative orders. A debt collector may report overdue medical expenses for a minor child to a consumer reporting agency only in the name of the responsible party identified in a court order or administrative order if the debt collector is notified orally or in writing of the existence of the order. In addition, a report may not be made until after the debt collector has notified, or made a good faith effort to notify, the responsible party of that party's obligation to pay the overdue medical expenses. Existing information regarding overdue medical expenses for a minor child in the name of a person other than the responsible party identified in a court order or administrative order is considered inaccurate information for the purposes of section 1317 and is subject to correction. A debt collector or consumer reporting agency may request reasonable verification of the order, including a certified copy of the order.
4. Nonliability. A person may not be held liable for any violation of this section if the person shows by a preponderance of the evidence that at the time of the alleged violation the person maintained reasonable procedures to assure compliance with the provisions of subsections 1-A to 3.
1. Duty of furnishers of information to provide accurate information. A person who furnishes information to consumer reporting agencies has the following duties.
A. A person may not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reason to know that the information is inaccurate.
B. A person may not furnish information relating to a consumer to any consumer reporting agency if:
(1) The person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and
(2) The information is, in fact, inaccurate.
C. A person who clearly and conspicuously specifies to the consumer an address for notices referred to in paragraph B is not subject to paragraph A; however, nothing in paragraph B requires a person to specify such an address.
2. Duty to correct and update information. A person who regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer and who has furnished to a consumer reporting agency information that the person determines is not complete or accurate has a duty to:
A. Promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate; and
B. May not thereafter furnish to the agency any of the information that remains incomplete and inaccurate.
3. Duty to provide notice of dispute. If the completeness or accuracy of information furnished by a person to a consumer reporting agency is disputed to the person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that the information is disputed by the consumer.
4. Duty to provide notice of closed accounts. A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed.
5. Duty to provide notice of delinquency of accounts. A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action.
6. Duties of furnishers of information upon notice of dispute. After receiving notice of a dispute with regard to the completeness or accuracy of information provided by a person to a consumer reporting agency, the person shall:
A. Conduct an investigation with respect to the disputed information; and
B. Review all relevant information provided by the consumer reporting agency.
7. Deadline. A person shall complete all investigations, reviews and reports required under subsection 6 regarding information provided by the person to a consumer reporting agency before the expiration of the period under section 1317 within which the consumer reporting agency is required to complete actions required by that section regarding that information.
8. Limitation on liability. Sections 1322 and 1323 do not apply to any failure to comply with this section, except as provided in section 1328.
9. Limitation on enforcement. This section must be enforced exclusively under section 1328 by the administrator.
1. Procedures to avoid violations. Every consumer reporting agency shall maintain reasonable procedures designed to limit the furnishing of consumer reports to the purposes listed under section 1313-A. These procedures must require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1313-A.
2. Accuracy. Whenever a consumer reporting agency prepares a consumer report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates and refrain from reporting inaccurate information and information which cannot be verified, unless efforts to verify the information are also contained in the report.
3. Listing of denial of credit prohibited in certain situations. No consumer reporting agency may issue a consumer report which lists a person as having been denied credit if the sole reason for that denial is lack of sufficient information to grant credit, unless the report states that the denial was for that reason.
Any consumer reporting agency or user of information which willfully and knowingly fails to comply with any requirement imposed under this chapter with respect to any consumer is liable to that consumer in an amount equal to the sum of:
1. Actual damages. Any actual damages sustained by the consumer as a result of the failure;
2. Treble damages. In addition to actual damages, there shall be assessed against the willful violator a sum of 3 times such actual damages.
3. Costs of attorney's fees. In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonably attorney's fees as determined by the court.
Any consumer reporting agency or user of information which is negligent in failing to comply with any requirement imposed under this chapter with respect to any consumer is liable to that consumer in an amount equal to the sum of:
1. Actual damages. Any actual damages sustained by the consumer as a result of the failure;
2. Additional damages. Such amount of additional damages as the court may allow, but not less than $100 for each violation of this chapter involving negligence, and for each consumer report containing any item of information that was inaccurate and that contributed in whole or in part to the decision to take adverse action against the consumer.
3. Costs and attorney's fees. In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.
An action to enforce any liability created under this chapter may be brought in any court of competent jurisdiction, within 2 years from the date on which the liability arises, except that when a defendant has materially and willfully misrepresented any information required under this Title to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this chapter, the action may be brought at any time within 2 years after the discovery by the individual of the misrepresentation.
Notwithstanding the provisions of Title 17-A, section 4-A, any person who knowingly and intentionally obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined not more than $5,000 or imprisoned for not more than one year, or both.
Notwithstanding the provisions of Title 17-A, section 4-A, any officer or employee of a consumer reporting agency who knowingly and intentionally provides information concerning an individual from the agency's files to a person not authorized, within the meaning of section 1313-A and section 1314, subsection 1, to receive that information must be fined not more than $5,000 or imprisoned for not more than one year, or both.
1. Authority. The administrator, within the limits provided by law, may:
A. Receive and act on complaints, take action designed to obtain voluntary compliance with this Act or refer cases to the Attorney General who shall appear for and represent the administrator in court;
B. Counsel groups and persons on their rights and duties under this Act;
C. Establish programs for the education of consumers with respect to the provisions of this Act;
D. Make studies appropriate to effectuate the purposes and policies of this Act and make the results available to the public;
E. Issue advisory rulings designed to clarify the applicability of any statutory provision;
F. Maintain a public file of all enforcement proceedings instituted and of their disposition, including all assurances of voluntary compliance accepted and their terms and the pleadings and briefs in all actions in which the administrator is a party; and
G. Request registration and annual reregistration of consumer reporting agencies located in this State or serving users within this State and set an annual registration fee not to exceed $100, the aggregate of which must be used by the administrator to enforce this chapter.
2. Investigatory powers.
A. The administrator may annually investigate any person whom he believes has engaged in conduct governed by this Act; provided that the administrator may, at any time, investigate any person he believes to be a consumer reporting agency. If the administrator has reasonable cause to believe that any person has violated this Act, he may investigate that person at any time. During any investigation, the administrator may administer oaths or affirmations and, upon his own motion or upon request of any party, may subpoena witnesses, compel their attendance, adduce evidence and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition and location of any books, documents or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence. If the administrator finds a violation of this Act, he shall so notify all parties to the transactions involved.
B. If the person's records are located outside this State, the person, at the administrator's option, may either make the original records or facsimilies thereof available to the administrator at a convenient location within this State or pay the reasonable and necessary expenses for the administrator or his representative to examine them at the place where they are maintained. The administrator may designate representatives, including comparable officials of the State in which the records are located or federal officials, to inspect them on his behalf.
C. The expenses of the administrator necessarily incurred in the examination of persons subject to this chapter shall be chargeable to that person in the same manner and for the same expenses set forth in Title 9-A, section 6-106, subsection 6, except that users as defined in section 1312, subsection 11, shall not be charged examination expenses unless the administrator finds a violation of this Act.
3. Administrative enforcement orders. After notice and hearing, the administrator may order any person to cease and desist from engaging in violations of this Act. The administrator may also order affirmative action designed to correct past or future violations of this Act. Any hearing held under this subsection shall be conducted in accordance with the procedures of the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV. A respondent aggrieved by an order of the administrator may obtain judicial review of the order and the administrator may, through the Attorney General, obtain an order of the court for enforcement of its order in the Superior Court. The proceedings for review or enforcement shall be initiated and conducted in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter VII.
4. Assurance of discontinuance. If it is claimed that a person has engaged in conduct which could be subject to any order by the administrator, the administrator shall first attempt to negotiate an assurance in writing that the person will not engage in the same or similar conduct in the future, prior to initiating an enforcement order under subsection 3. The assurance may include, but is not limited to, admissions of past specific acts by the person or that such acts violated this Act or other statutes. A violation of an assurance of discontinuance shall be a violation of this Act.
5. Civil action. The administrator, through the Attorney General, may bring a civil action against a person to recover a civil penalty for knowingly violating this Act or violating an assurance of discontinuance, and if the court finds that the defendant has engaged in a knowing violation of this Act or a violation of an assurance of discontinuance, it may assess a civil penalty of not more than $5,000.
If the defendant establishes by a preponderance of evidence that repeated violations were the result of a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such violation or error, no liability is imposed under this subsection.
6. Remedies not affected. The grant of powers to the administrator in this section does not affect remedies available to the Attorney General or to consumers under this Act or under other principles of law or equity.
7. Venue. The administrator, through the Attorney General, may bring actions or proceedings in a court in a county or division in which an act on which the action or proceeding is based occurred or in a county or division in which a respondent resides or transacts business.
8. Bureau of Insurance. With respect to those examinations authorized by subsection 2, paragraph A, first sentence, the administrator shall, where applicable, coordinate examinations for compliance with this Act with examinations conducted by the Bureau of Insurance for compliance with Title 24-A.
When a supervised financial organization is the user of a consumer report, the Superintendent of Financial Institutions has concurrent authority under section 1328 to examine and obtain compliance from the supervised financial organization. The administrator and the Superintendent of Financial Institutions shall cooperate in enforcing this chapter.
1. Information available on request of consumer reporting agency. The Department of Health and Human Services, upon request of a consumer reporting agency, shall make available information regarding the amount of overdue child support owed by any parent.
2. Notice of request; contest of accuracy. Prior to making the information available to a requesting agency, the department shall provide the obligor parent with notice of the proposed action. The parent shall be given 20 days in which to contest the accuracy of the information.
3. Fee. The department may impose a fee upon the requesting agency in an amount not exceeding the actual cost of providing the information.
4. Information provided without request. Nothing within this section may prevent the department from voluntarily providing information to a consumer reporting agency regarding any individual who is indebted to the department for his failure to pay child support.
ME Maine Official State Statutes
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