Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 207 (2026)

Unlawful acts and conduct

✓ current as of May 2026

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Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are declared unlawful. [PL 1969, c. 577, §1 (NEW).]

1. Intent. It is the intent of the Legislature that in construing this section the courts will be guided by the interpretations given by the Federal Trade Commission and the Federal Courts to Section 45(a)(1) of the Federal Trade Commission Act (15 United States Code 45(a)(1)), as from time to time amended.

[PL 2007, c. 466, Pt. A, §4 (AMD).]

2. Rules and regulations. The Attorney General may make rules and regulations interpreting this section. Such rules and regulations shall not be inconsistent with the rules, regulations and decisions of the Federal Trade Commission and the Federal Courts interpreting the provisions of 15 U.S.C. 45(a)(1) (The Federal Trade Commission Act) as from time to time amended. Evidence of a violation of a rule or regulation made by the Attorney General shall constitute prima facie evidence of an act or practice declared to be unlawful by this chapter in any action thereafter brought under this chapter.

[PL 1973, c. 322 (AMD).]

SECTION HISTORY

PL 1969, c. 577, §1 (NEW). PL 1973, c. 322 (AMD). PL 2007, c. 466, Pt. A, §4 (AMD).

Notes of Decisions

Cited in 116 cases (15 in the last 5 years), 1977–2025 · leading case: State v. Weinschenk, 2005 ME 28 (Me. 2005).

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State v. Weinschenk, 2005 ME 28 (Me. 2005). · cites it 8× “) finding that they violated the Unfair Trade Practices Act (UTPA), 5 M.R.S.A. §§ 207, 209 (2002), by engaging in a pattern or practice of unfair or deceptive acts by (1) selling defective houses that did not comply with generally accepted construction practices, and (2)…”

In Re New Motor Vehs. Canadian Exp. Antitrust Litig., 350 F. Supp. 2d 160 (D. Me. 2004). · cites it 4× “” 5 M.R.S.A. § 207. I have already explained that the Second Amended Complaint does not sufficiently allege deception, but Maine’s Unfair Trade Practices Act also prohibits unfair methods of competition and is modeled on the FTC Act.”

In Re Chocolate Confectionary Antitrust Litig., 602 F. Supp. 2d 538 (M.D. Penn. 2009). · cites it 2× “” Me. Rev.Stat. Ann. tit. 5, § 207. A business practice is “unfair” if the injury it produces is (1) “substantial,” (2) not “outweighed by any countervailing benefits to consumers or competition that the practice produces,” and (3) not reasonably avoidable by consumers.”

Good v. Altria Grp., Inc., 501 F.3d 29 (1st Cir. 2007). · cites it 3× “3 Me.Rev.Stat. Ann. tit. 5, § 207 (2002). This statute entitles any person who suffers a loss of money or property as a result of such acts or practices to sue for “actual damages, restitution and for .”

State Ex Rel. Tierney v. Ford Motor Co., 436 A.2d 866 (Me. 1981). · cites it 5× “5 M.R.S.A. § 207 provides: Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are declared unlawful.”

Bartner v. Carter, 405 A.2d 194 (Me. 1979). · cites it 3× “The plaintiffs did not suffer any loss of money or property, real or personal, as a result of the use or employment by either defendant, of a method, act or practice declared unlawful by 5 M.R.S.A. section 207 or by any rule or regulation issued under 5 M.”

State v. Price-Rite Fuel, Inc., 24 A.3d 81 (Me. 2011). · cites it 5× “” 5 M.R.S. § 207. For each intentional violation of this prohibition, the Attorney General may seek a civil penalty up to $10,000.”

Searles v. Fleetwood Homes of Pennsylvania, Inc., 878 A.2d 509 (Me. 2005). · cites it 2× “” 5 M.R.S.A. § 207. In its jury instructions, the court explained: “[U]nfair and deceptive do not have precise definitions under our statutes[,] so we give these words the meanings that they have in .”

Binette v. Dyer Library Ass'n, 688 A.2d 898 (Me. 1996). · cites it 2× “5 M.R.S.A. § 207 (1989). The UTPA was amended in 1973 to allow a suit by a private individual who has lost money or property as a result of such an act or practice to enforce liability for the violation of section 207.”

People Ex Rel. Harris v. Pac Anchor Transp., Inc., 329 P.3d 180 (Cal. 2014). “204 [broadly prohibiting deceptive and unconscionable trade practices]; Me. Rev. Stat. Ann. tit. 5, § 207 [prohibiting unfair or deceptive practices in competition]; Md.”

McGahey v. Fed. Nat'l Mortg. Ass'n, 266 F. Supp. 3d 421 (D. Me. 2017). · cites it 2× “3 See 5 M.R.S.A. §§ 207, 213(1) (2017). To qualify as unfair under the statute, “the act or practice: (1) must cause, or be likely to cause, substantial injury to consumers; (2) that is not' reasonably avoidable by consumers; and (3) that is not outweighed by any countervailing…”

McKinnon v. Honeywell Int'l, Inc., 2009 ME 69 (Me. 2009). · cites it 2× “[¶ 11] McKinnon's compliance with Maine's six-year statute of limitations therefore depends on when his cause of action accrued.”

Show all 116 citing cases →

— Me. Rev. Stat. tit. 5, § 207(1) — 18 cases

State v. Weinschenk, 2005 ME 28 (Me. 2005). “) finding that they violated the Unfair Trade Practices Act (UTPA), 5 M.R.S.A. §§ 207, 209 (2002), by engaging in a pattern or practice of unfair or deceptive acts by (1) selling defective houses that did not comply with generally accepted construction practices, and (2)…”

McKinnon v. Honeywell Int'l, Inc., 2009 ME 69 (Me. 2009). “[¶ 11] McKinnon's compliance with Maine's six-year statute of limitations therefore depends on when his cause of action accrued.”

In Re New Motor Vehs. Canadian Exp. Antitrust Litig., 350 F. Supp. 2d 160 (D. Me. 2004). “” 5 M.R.S.A. § 207. I have already explained that the Second Amended Complaint does not sufficiently allege deception, but Maine’s Unfair Trade Practices Act also prohibits unfair methods of competition and is modeled on the FTC Act.”

Searles v. Fleetwood Homes of Pennsylvania, Inc., 878 A.2d 509 (Me. 2005). “” 5 M.R.S.A. § 207. In its jury instructions, the court explained: “[U]nfair and deceptive do not have precise definitions under our statutes[,] so we give these words the meanings that they have in .”

State Ex Rel. Tierney v. Ford Motor Co., 436 A.2d 866 (Me. 1981). “5 M.R.S.A. § 207 provides: Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are declared unlawful.”

— Me. Rev. Stat. tit. 5, § 207(2017) — 1 case

McGahey v. Fed. Nat'l Mortg. Ass'n, 266 F. Supp. 3d 421 (D. Me. 2017). “3 See 5 M.R.S.A. §§ 207, 213(1) (2017). To qualify as unfair under the statute, “the act or practice: (1) must cause, or be likely to cause, substantial injury to consumers; (2) that is not' reasonably avoidable by consumers; and (3) that is not outweighed by any countervailing…”

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