§ 2151 Purpose
§ 2151-A Hearings
§ 2151-B Rules
§ 2152 Unfair methods; deceptive acts prohibited
§ 2152-A Life insurance solicitation
§ 2152-B Unfair solicitation methods
§ 2152-C Disclosures in printed marketing materials of Medicare products
§ 2153 Misrepresentation; false advertising of policies
§ 2154 False information; advertising
§ 2155 “Twisting” prohibited
§ 2155-A Dumping prohibited
§ 2156 False or misleading financial statements
§ 2157 Defamation
§ 2158 Boycott, coercion and intimidation
§ 2159 Unfair discrimination — life insurance, annuities and health insurance
§ 2159-A Insurance discrimination solely on account of blindness prohibited
§ 2159-B Discrimination against victims of domestic abuse prohibited
§ 2159-C Discrimination on the basis of genetic information or testing
§ 2159-D Discrimination against live organ donation prohibited in life insurance, disability insurance and long-term care insurance
§ 2159-E Discrimination against naloxone hydrochloride or another opioid overdose-reversing medication purchases prohibited in life insurance
§ 2159-F Discrimination based solely on provision of reproductive health care services in medical malpractice insurance
§ 2160 Rebates — life, health and annuity contracts
§ 2161 Exceptions to discrimination, rebates, stock inducements provision — life, health and annuity contracts
§ 2162 Unfair discrimination, rebates prohibited — property, casualty, surety insurance
§ 2162-A Payment of dividend conditioned upon renewal; unfair trade practice
§ 2163 Receipt of rebate, illegal inducement prohibited
§ 2163-A Permitted activities
§ 2164 Stock operations and advisory board contracts
§ 2164-A Direct billing, notice
§ 2164-C Free competition
§ 2164-D Unfair claims practices
§ 2164-E Disclosure of coverage limits to claimant; penalty
§ 2165-A Cease and desist orders; actions against defined and undefined unfair and deceptive practices
§ 2167 Service upon unauthorized insurers
§ 2167-A Notice to domiciliary supervisory official
§ 2168 Coercion in requiring insurance
§ 2168-A Tie-in sales of insurance
§ 2168-B Solicitation or negotiation involving purchasers or borrowers
§ 2169 Notice of free choice of agent or insurer
§ 2169-A Confidentiality of insurance information obtained by lenders
§ 2169-B Use of consumer reports in insurance underwriting
§ 2170 Certain fees for handling insurance transactions in connection with loans prohibited
§ 2171 Using insurance information to detriment of another
§ 2172 Fictitious groups prohibited
§ 2173 Interlocking ownership; management
§ 2174 Illegal dealing in premiums; excess charges for insurance
§ 2174-A Public works employees’ insurance rates
§ 2174-B Law enforcement officers’ and emergency responders’ insurance rates
§ 2175 Insurer’s ownership of funeral establishment or cemetery prohibited
§ 2176 Funeral and burial service contracts prohibited
§ 2177 Insurer name — deceptive use prohibited
§ 2178 False applications, claims, proofs of loss; penalty
§ 2179 Inquests into insurance frauds
§ 2180 Unfair and coercive insurance requirements
§ 2181 Exceptions
§ 2182 Application
§ 2185 Calculation of health benefits based on actual cost
§ 2186 Insurance fraud prevention
§ 2187 Insurance fraud reporting immunity
§ 2188 Permitted activities of insurance producers; navigators; requirements
§ 2189 Requirements related to enrollment in health plans
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Terms Used In Maine Revised Statutes > Title 24-A > Chapter 23 - Trade Practices and Frauds

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agricultural commodity: means any plant, or part thereof, or animal or animal product produced by a person, including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters or other comparable persons, primarily for sale, consumption, propagation or other use by humans or animals. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Aircraft: means any machine or device used or designed for navigation of, or flight in, the air. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Allegation: something that someone says happened.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the Board of Pesticides Control as established in section 1471?B. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Certified applicator: means any person who is certified pursuant to section 1471?D and authorized to use or supervise the use of any pesticides. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Commercial applicator: means any person, whether or not the person is a private applicator with respect to some uses, who uses or supervises the use of any limited or restricted-use pesticides on any property other than as provided by subsection 22, or who uses general-use pesticides in custom application on such property. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Custom application: means an application of a pesticide:
A. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • defoliant: means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • Dependent: A person dependent for support upon another.
  • desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Distribute: means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment or receive and, having so received, deliver or offer to deliver pesticides in this State. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Division: means the division of environmental health within the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 772
  • Donor: The person who makes a gift.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • federal Affordable Care Act: means the federal Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Public Law 111-152, and any amendments to or regulations or guidance issued under those acts. See Maine Revised Statutes Title 24-A Sec. 14
  • Fiduciary: A trustee, executor, or administrator.
  • FIFRA: means the Federal Insecticide, Fungicide and Rodenticide Act, 7 U. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fungi: means all nonchlorophyll-bearing thallophytes, that is, all nonchlorophyll-bearing plants, of a lower order than mosses and liverworts, including but not limited to rusts, smuts, mildews and molds, except those on or in living humans or other animals or those on or in processed food, beverages or pharmaceuticals. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Fungicide: means any substance or mixture of substances intended for destroying or repelling any fungi or mitigating or preventing damage by any fungi. See Maine Revised Statutes Title 22 Sec. 1471-C
  • General use pesticide: means any pesticide that is required to be registered by the board pursuant to Title 7, chapter 103, subchapter 2?A and that is not a restricted use or limited use pesticide, as defined in this section. See Maine Revised Statutes Title 22 Sec. 1471-C
  • General use pesticide dealer: means any person who distributes general use pesticides. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Ground equipment: means any machine or device, other than aircraft, for use on land or water, designed for, or adaptable to, use in applying pesticides as sprays, dusts, aerosols, fogs, or in other forms. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704
  • Herbicides: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Household use pesticide product: means any general use pesticide product that contains no more than 3% active ingredients and that is applied undiluted by homeowners to control pests in and around the family dwelling and associated structures. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insect: means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising 6-legged, usually winged forms, including but not limited to beetles, bugs, bees, flies and other allied classes of arthropods whose members are wingless and usually have more than 6 legs, including but not limited to mites, ticks, centipedes and wood lice. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Insecticide: means any substance or mixture of substances intended for destroying or repelling any insect, or mitigating or preventing damage by any insects. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited use pesticide: means any pesticide or pesticide use classified for limited use by the board. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Major forest insect aerial spray application: means a project to apply pesticides against a forest insect pest by aerial application over an area containing at least 1,000 acres in the aggregate. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Minor forest insect aerial spray application: means a project to apply pesticides against a forest insect pest by aerial application over an area containing less than 1,000 acres in the aggregate. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
  • Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
  • National Association of Insurance Commissioners: means the National Association of Insurance Commissioners or its successor organization of insurance regulators. See Maine Revised Statutes Title 24-A Sec. 15
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, partnership, association, fiduciary, corporation, governmental entity or any organized group of persons whether incorporated or not. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Personal property: All property that is not real property.
  • pest: means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other micro-organism, except viruses, bacteria or other micro-organisms on or in living humans or other living animals, that the commissioner declares to be a pest. See Maine Revised Statutes Title 22 Sec. 1471-C
  • pesticide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Pesticide dealer: means any person who distributes limited or restricted use pesticides. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plant regulator: means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Private applicator: means any person who uses or supervises the use of any pesticide that is classified for restricted or limited use for purposes of producing any agricultural commodity on property owned or rented by the person or the person's employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Private applicator of general use pesticides: means a person who uses or supervises the use of general use pesticides for purposes of producing agricultural commodities on property owned or rented by that person or that person's employer when:
    • A. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Radon: means the radioactive gaseous element and its decay products produced by the disintegration of the element radium in air, water, soil or other media. See Maine Revised Statutes Title 22 Sec. 772
  • Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restricted use pesticide: means any pesticide or pesticide use classified for use only by or under the direct supervision of a certified applicator by the Administrator of the United States Environmental Protection Agency or by the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Spray contracting firm: means a person, as defined in this section, employed or contracted to conduct a public or private pesticide application. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Weed: means any plant which grows where not wanted. See Maine Revised Statutes Title 22 Sec. 1471-C