Me. Rev. Stat. » Title 5
Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 213 (2026)

Private remedies

✓ current as of May 2026
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1.  Court action.  Any person who purchases or leases goods, services or property, real or personal, primarily for personal, family or household purposes and thereby suffers any loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice declared unlawful by section 207 or by any rule or regulation issued under section 207, subsection 2 may bring an action either in the Superior Court or District Court for actual damages, restitution and for such other equitable relief, including an injunction, as the court determines to be necessary and proper. There is a right to trial by jury in any action brought in Superior Court under this section.  
[PL 1991, c. 536, §1 (AMD).]
1-A.  Settlement offer.  At least 30 days prior to the filing of an action for damages, a written demand for relief, identifying the claimant and reasonably describing the unfair and deceptive act or practice relied upon and the injuries suffered, must be mailed or delivered to any prospective respondent at the respondent's last known address. A person receiving a demand for relief, or otherwise a party to any litigation arising from the claim that is the subject of the court action, may make a written tender of settlement or, if a court action has been filed, an offer of judgment. If the judgment obtained in court by a claimant is not more favorable than any rejected tender of settlement or offer of judgment, the claimant may not recover attorney's fees or costs incurred after the more favorable tender of settlement or offer of judgment.  
The demand requirement of this subsection does not apply if the claim is asserted by way of counterclaim or cross claim.  
[PL 1991, c. 536, §2 (NEW); PL 1991, c. 536, §3 (AFF).]
2.  Fees and costs.  If the court finds, in any action commenced under this section that there has been a violation of section 207, the petitioner shall, in addition to other relief provided for by this section and irrespective of the amount in controversy, be awarded reasonable attorney's fees and costs incurred in connection with said action.  
[PL 1973, c. 251 (NEW).]
3.  Notices to Attorney General.  Upon commencement of any action brought under subsection 1, the clerk of courts shall mail a copy of the complaint or other initial pleading to the Attorney General and upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the Attorney General.  
[PL 1973, c. 251 (NEW).]
4.  Injunction as evidence.  Any permanent injunction or order of the court issued under section 209 shall be prima facie evidence in an action brought under subsection 1 that the respondent used or employed an unfair or deceptive method, act or practice declared unlawful under section 207.  
[PL 1973, c. 251 (NEW).]
SECTION HISTORY
PL 1973, c. 251 (NEW). PL 1973, c. 788, §13 (AMD). PL 1979, c. 451 (AMD). PL 1983, c. 29, §2 (AMD). PL 1991, c. 536, §§1,2 (AMD). PL 1991, c. 536, §3 (AFF).
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Notes of Decisions
Cited in 137 cases (18 in the last 5 years), 1979–2025 · leading case: Advanced Constr. Corp. v. Pilecki, 2006 ME 84 (Me. 2006).
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Advanced Constr. Corp. v. Pilecki, 2006 ME 84 (Me. 2006). · cites it 4× “Regardless, monetary damages are authorized for violations of the *193 UTPA, 5 M.R.S. § 213(1) (2005), and the three statutory violations served as alternative theories for awarding the Pileekis $23,789.”
McKinnon v. Honeywell Int'l, Inc., 2009 ME 69 (Me. 2009). · cites it 6× “The court further concluded that McKinnon did not and could not establish that he had suffered any economic injury, as is required by 5 M.R.S. § 213(1) and 10 M.R.S. § 1104(1), because he presented insufficient proof that he was, in fact, charged a supra-competitive price.”
In Re New Motor Vehs. Canadian Exp. Antitrust Litig., 350 F. Supp. 2d 160 (D. Me. 2004). · cites it 2× “5 M.R.S.A. § 213(1-A). However, the Maine Law Court has held that “the notice requirements of section 213(1 — A) are not jurisdictional.”
Bartner v. Carter, 405 A.2d 194 (Me. 1979). · cites it 3× “Appellants Jay and Claire Bartner brought an action against real estate brokers Dwight Carter and Lewis Moore alleging, in separate counts, fraud and a violation of the Maine Unfair Trade Practices Act, specifically 5 M.R.S.A. § 213 (1979). The action arose out of the purchase…”
Sweet v. Breivogel, 201 A.3d 1215 (Me. 2019). · cites it 3× “See 5 M.R.S. § 213(1), (2) (2017) ; 10 M.R.S.”
VanVoorhees v. Dodge, 679 A.2d 1077 (Me. 1996). · cites it 3× “In May 1991 the VanVoorhees poured a foundation on their shorefront lot in Machias-port.”
Anderson v. Hannaford Bros. Co., 659 F.3d 151 (1st Cir. 2011). · cites it 2× “, compare Me. Rev.Stat. tit. 5, § 213(1) (restricting the private right of action to a “person who purchases or leases goods, services or property”), vvith Mass.”
In Re Hannaford Bros. Co. Customer Data Sec. Breach Litig., 613 F. Supp. 2d 108 (D. Me. 2009). · cites it 3× “” 5 M.R.S.A. § 213(1-A). The record does not reveal whether the plaintiffs met this requirement.”
McGahey v. Fed. Nat'l Mortg. Ass'n, 266 F. Supp. 3d 421 (D. Me. 2017). · cites it 2× “On March 24, 2016, McGahey, through counsel, delivered a demand letter to PHH pursuant to the Maine Unfair Trade Practices Act (“UTPA”), 5 M.R.S.A. § 213. PHH responded by letter dated April 8, 2016, that, because the issues were the same as those raised in previous letters to…”
John Sweet II v. Carl E. Breivogel, 2019 ME 18 (Me. 2019). · cites it 2× “See 5 M.R.S. § 213(1), (2) (2017); 10 M.R.S. §§ 1487, 1490 (2017).”
Kathy S. Brown v. Compass Harbor Vill. Condo. Ass'n, 2020 ME 44 (Me. 2020). · cites it 2× “UTPA [¶13] Title 5 M.R.S. § 213(1) provides, Any person who purchases or leases goods, services or property, real or personal, primarily for personal, family or household purposes and thereby suffers any loss of money or property, real or personal, as a result of the use or…”
Drinkwater v. Patten Realty Corp., 563 A.2d 772 (Me. 1989). · cites it 2× “Count III seeks relief under the Maine Unfair Trade Practices Act (UTPA), 5 M.R.S.A. § 213 (1989), and Count IV seeks common law damages for deceit.”
Show all 137 citing cases →
— Me. Rev. Stat. tit. 5, § 213(1) — 69 cases
McKinnon v. Honeywell Int'l, Inc., 2009 ME 69 (Me. 2009). “The court further concluded that McKinnon did not and could not establish that he had suffered any economic injury, as is required by 5 M.R.S. § 213(1) and 10 M.R.S. § 1104(1), because he presented insufficient proof that he was, in fact, charged a supra-competitive price.”
Advanced Constr. Corp. v. Pilecki, 2006 ME 84 (Me. 2006). “Regardless, monetary damages are authorized for violations of the *193 UTPA, 5 M.R.S. § 213(1) (2005), and the three statutory violations served as alternative theories for awarding the Pileekis $23,789.”
Sweet v. Breivogel, 201 A.3d 1215 (Me. 2019). “See 5 M.R.S. § 213(1), (2) (2017) ; 10 M.R.S.”
John Sweet II v. Carl E. Breivogel, 2019 ME 18 (Me. 2019). “See 5 M.R.S. § 213(1), (2) (2017); 10 M.R.S. §§ 1487, 1490 (2017).”
Kathy S. Brown v. Compass Harbor Vill. Condo. Ass'n, 2020 ME 44 (Me. 2020). “UTPA [¶13] Title 5 M.R.S. § 213(1) provides, Any person who purchases or leases goods, services or property, real or personal, primarily for personal, family or household purposes and thereby suffers any loss of money or property, real or personal, as a result of the use or…”
— Me. Rev. Stat. tit. 5, § 213(2) — 21 cases
Advanced Constr. Corp. v. Pilecki, 2006 ME 84 (Me. 2006). “Regardless, monetary damages are authorized for violations of the *193 UTPA, 5 M.R.S. § 213(1) (2005), and the three statutory violations served as alternative theories for awarding the Pileekis $23,789.”
Anderson v. Hannaford Bros. Co., 659 F.3d 151 (1st Cir. 2011). “, compare Me. Rev.Stat. tit. 5, § 213(1) (restricting the private right of action to a “person who purchases or leases goods, services or property”), vvith Mass.”
Beaulieu v. Dorsey, 562 A.2d 678 (Me. 1989).
Poussard v. Com. Credit Plan, Inc. of Lewiston, 479 A.2d 881 (Me. 1984).
Kilroy v. Ne. Sunspaces, Inc., 2007 ME 119 (Me. 2007).
— Me. Rev. Stat. tit. 5, § 213(3) — 2 cases
In Re Hannaford Bros. Co. Customer Data Sec. Breach Litig., 613 F. Supp. 2d 108 (D. Me. 2009). “” 5 M.R.S.A. § 213(1-A). The record does not reveal whether the plaintiffs met this requirement.”
Morgan v. Ladrigan d/b/a Acadia Sunroom Co. (Me. Super. Ct 2000).
— Me. Rev. Stat. tit. 5, § 213(l) — 1 case
First of Maine Commodities v. Dube, 534 A.2d 1298 (Me. 1987).
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