Sen. Mike Tipping introduces bill to protect Maine consumers, strengthen enforcement of implied warranty laws
AUGUSTA – On Thursday, April 10, Sen. Mike Tipping, D-Orono, introduced a bill to protect Maine consumers and strengthen implied warranty laws in the state. The Legislature’s Health Coverage, Insurance and Financial Services Committee conducted a public hearing for LD 1300, “An Act to Strengthen Maine’s Implied Warranty Laws.”
“As more and more Mainers buy products online, some large online retailers are refusing to honor Maine’s implied warranty law. When Mainers attempt to return a defective item, retailers may inform them that isn’t an option, or even that Maine’s laws don’t apply to them, despite selling products in our state,” said Sen. Tipping. “I believe we should do more to defend our state sovereignty and the rule of law with these large, online retailers and make it easier for Mainers to assert their rights. The implied warranty law protects consumers, saves Mainers money and prevents unnecessary environmental impact and extra waste in our landfills.”
As introduced, the bill would require the Office of the Attorney General to regularly notify online retailers who remit more than $10,000 in state sales taxes of the existence of Maine’s implied warranty laws and their expected compliance.
The bill would also create an online form that Mainers could use to make a claim against a retailer under the implied warranty law. The Attorney General’s Office would then send the form to the retailer on behalf of the individual consumer.
Maine is one of 10 states that has an implied warranty law. It can be considered an Unfair Trade Practice to refuse to honor the Maine Implied Warranty Law within four years of sale. The test for possible implied warranty violations is as follows:
- The item is seriously defective,
- The consumer did not damage the item,
- The item is still within its useful life and is not simply worn out.
In the coming weeks, the Committee will schedule a work session for LD 1300.
###
