Maine is one of the few states that makes skipping the FCC’s Reassigned Numbers Database a violation in itself. Under 10 M.R.S. § 1499-B, a sales call is unlawful if the solicitor failed to check that database before calling, even when the number was never on a Do Not Call list. Maine also restricts automated calls to weekday business hours. The private remedy is narrow, though, and the statute gives companies with written procedures a complete defense to Do Not Call claims.
What does Maine’s Do Not Call law require?
No sales calls to numbers listed on the national or state registry for three months, and a Reassigned Numbers Database check before each call.
Section 1499-B(6) makes it a violation “to initiate a telephone sales call to a consumer if that consumer’s telephone number has been on the national or state do-not-call registry, established by the Federal Trade Commission, for at least 3 months prior to the date the call is made.” The same subsection, as amended in 2023, also bars failing “to use the reassigned numbers database to verify that a consumer’s telephone number has not been reassigned prior to initiating a telephone sales call to that consumer.”
The reassigned-number rule is the trap. Federal law treats the database as a safe harbor a caller may choose to use. Maine makes it mandatory for telephone sales calls, so a campaign that scrubs the Registry but skips the database still breaks Maine law.
Which calls are exempt?
Requested calls, calls about an existing debt or contract, calls within an established business relationship, and some nonprofit calls.
Section 1499-B(2) excludes calls made “in response to and at the express request of the person called,” calls tied to an unfinished debt or contract, and calls to anyone with whom the solicitor has an established business relationship. Noncommercial calls by a volunteer or employee who immediately gives a true name and the organization’s contact details are also exempt.
The relationship definition tracks the federal rule: a purchase or transaction within 18 months, or an inquiry or application within three months. A stop request ends it, even if the customer keeps doing business with the company. Affiliates aren’t covered unless the consumer would reasonably expect them to be.
How does Maine restrict robocalls?
Automated or prerecorded solicitation calls to cell phones and residential lines are barred unless an exception applies, and permitted automated calls are limited to weekday business hours.
Section 1498(2) says a person “may not use an automated telephone calling device or an artificial or prerecorded voice to make solicitation calls” to emergency numbers, cell phones, unlisted numbers, or residential numbers in Maine. Solicitation calls include charitable appeals and calls to “gather data or statistics or solicit information,” which reaches survey calls too.
The exceptions cover order and delivery updates, responses to the consumer’s own inquiry, calls to businesses about reservations and store information, and calls made with “the prior, written, express consent of the recipient.” Automated calls that are permitted may run only on weekdays between 9 a.m. and 5 p.m., no more than once per number in eight hours, and the caller must keep a transcript of each message for 24 months.
What does a violation cost?
Attorney General penalties of up to $10,000 for a first violation and $25,000 for later ones, plus Unfair Trade Practices Act remedies.
Under § 1499-B(11), the Attorney General may obtain an injunction, “A civil penalty of not more than” $10,000 for the first violation and $25,000 for each later one, disgorgement, and fees. A court may also void contracts that resulted from a violation. Violations of both § 1498 and § 1499-B are unfair trade practices under the Maine Unfair Trade Practices Act.
The private remedy under that act is limited. 5 M.R.S. § 213 gives a claim to a person who “purchases or leases goods, services or property” for personal purposes “and thereby suffers any loss of money or property.” It also requires a written demand at least 30 days before suit. A consumer who only received a call usually has no Maine damages claim, and turns to the federal TCPA for $500 per violation, up to $1,500 if willful or knowing.
What defense does Maine provide?
A procedures defense that mirrors the federal safe harbor, with a reassigned-numbers step added.
Section 1499-B(6) says a solicitor “is not liable for violating this section” if it shows written procedures, training, an internal do-not-call list, a scrub against a Registry version “obtained from the Federal Trade Commission no more than 31 days prior to the date any call is made,” monitoring, use of the reassigned numbers database, and that any later call “is the result of error.” Each element must be “part of the telephone solicitor’s routine business practice.”
| Maine rule | Section | Exposure | Defense to develop |
|---|---|---|---|
| Calls to Registry numbers listed 3 months | 1499-B(6) | AG penalty up to $10,000, then $25,000 | Exemption; procedures defense |
| Reassigned Numbers Database check | 1499-B(6) | Same | Database query logs |
| Robocalls to cell or residential lines | 1498(2) | Unfair trade practice | Written consent; listed exception |
| Automated calls outside weekday hours | 1498(3) | Same | Dialer schedule settings |
| Misleading caller ID with intent to defraud | 1499-A | Same | Seller name and service number shown |
Steps to take when a Maine claim arrives
- Place a litigation hold on dialer logs, recorded message files, and consent records for the Maine numbers.
- Export internal do-not-call entries and stop requests, with dates.
- Export Registry scrub records with version dates, and the Reassigned Numbers Database query logs for each campaign.
- Gather written procedures, training records, message transcripts, and vendor contracts.
- Have a lawyer review the claim, including any 30-day demand letter, before responding or offering a payment.
Most campaigns that fail the Maine test have a Registry scrub and no database query logs. More on defending Do Not Call claims is available, and a recent post covers how the TCPA interacts with state telemarketing laws.
Questions about Maine telephone solicitation law
Does Maine have its own Do Not Call registry?
The statute lets the national registry serve as Maine’s. Under § 1499-B(4), the Attorney General’s Consumer Protection Division may rely on the FTC list and may forward Maine numbers to it. Scrubbing against the National Registry handles both, as long as the version is no more than 31 days old.
Are business numbers covered?
Mostly not by § 1499-B, which applies to “a residential telephone number.” The robocall rules in § 1498 are broader: they reach any cell phone and toll-free number in Maine, with an exception for automated calls to businesses about reservations, purchases, and store information.
Is a demand letter required before a Maine suit?
For a private Unfair Trade Practices Act claim, yes. Section 213(1-A) requires a written demand at least 30 days before filing. A business that makes a written settlement tender can cut off the claimant’s later fees if the judgment isn’t more favorable, which makes the response to that letter a strategic decision.
What caller ID rules apply?
Section 1499-A bars causing caller ID to transmit misleading or inaccurate information “with the intent to defraud or cause harm to another person or to wrongfully obtain anything of value.” Showing the seller’s name and a customer service number answered during business hours is expressly allowed.
Defending Maine telemarketing claims
If your company has received a Maine demand letter or Attorney General inquiry over sales calls, the database logs and the procedures file usually decide the outcome. Rosenberger + Kawabata represents businesses defending TCPA lawsuits and class actions through its business litigation practice, including claims involving calls to reassigned numbers. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
10 M.R.S. § 1498, § 1499-A, § 1499-B; 5 M.R.S. § 213; 47 U.S.C. § 227; 47 C.F.R. § 64.1200.
This post is general information about the Telephone Consumer Protection Act and related laws as of May 27, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Courts and the FCC change the rules in this area often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.