§960. Advertisement of services

1.  Advertisement defined.  For purposes of this section, "advertisement" means material designed to promote a product or service offered by a person that is engaged in offering such products or services for profit. "Advertisement" includes business cards, brochures and notices.

[PL 2005, c. 629, §3 (NEW).]

2.  Notice; requirements.  A notary public who is not an attorney admitted to and in good standing before the bar of the State and who advertises notary services in a language other than English must include in the advertisement a notice that includes:

A. Information on the fees that the notary may charge; and   [PL 2005, c. 629, §3 (NEW).]

B. The following statement:

"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN MAINE AND MAY NOT GIVE LEGAL ADVICE ABOUT IMMIGRATION OR ANY OTHER LEGAL MATTER OR ACCEPT FEES FOR LEGAL ADVICE."

[PL 2005, c. 629, §3 (NEW).]

The notice must be in both English and in the language of the advertisement and in letters of a conspicuous size. If the advertisement is by radio, television or any other audio medium, the statement may be modified, but must include substantially the same message.

[PL 2005, c. 629, §3 (NEW).]

3.  Prohibition.  An advertisement for notary services may not include a literal translation of the phrase "Notary Public" into any language other than English if the literal translation implies that the notary public is an attorney licensed to practice in the State or in any jurisdiction of the United States. For purposes of this subsection, "literal translation" means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language that is being translated.

[PL 2005, c. 629, §3 (NEW).]

4.  Civil violation.  Any violation of this section constitutes a civil violation for which a fine of not more than $5,000 may be adjudged.

[PL 2005, c. 629, §3 (NEW).]

5.  Civil action.  In addition to any other remedy that may be available, a customer who is aggrieved by a violation of this section may initiate a civil action in the Superior Court against the violator for injunctive relief or damages or both. If a court finds a violation of this section, the court may award to the customer:

A. An amount equal to actual damages sustained by the customer as a result of the violation;   [PL 2005, c. 629, §3 (NEW).]

B. An amount equal to 3 times the actual damages; and   [PL 2005, c. 629, §3 (NEW).]

C. The costs of the action together with reasonable attorney's fees as determined by the court.   [PL 2005, c. 629, §3 (NEW).]

[PL 2005, c. 629, §3 (NEW).]

6.  Attorney General action.  Whenever the Attorney General has reason to believe that a person in the State has engaged in or is engaging in activities that violate this section, the Attorney General may initiate an action in the Superior Court to enforce this section.

[PL 2005, c. 629, §3 (NEW).]

SECTION HISTORY

PL 2005, c. 629, §3 (NEW).