How to Sue a Business Under the Maine Unfair Trade Practices Act (UTPA): Costs and Timelines

When you spend your hard-earned money in Portland, Bangor, or Lewiston, you expect the businesses you deal with to be honest. Unfortunately, some companies rely on deception to drive up their profits. If you have been scammed by a local business, you do not have to walk away empty-handed. Maine has one of the strongest consumer protection laws in the country: the Maine Unfair Trade Practices Act (UTPA).

This powerful statute makes it illegal for businesses to use unfair or deceptive methods of competition. Even better, it gives everyday consumers a direct path to the courtroom to recover their financial losses. Navigating the legal system can be intimidating, but you do not have to do it alone. You can find an experienced consumer protection attorney in our USA Lawyer directory to help you hold predatory businesses accountable.

Deceptive Practices Targeted by the UTPA

The 5 M.R.S. § 207 broadly prohibits unfair or deceptive acts. While the law covers many scenarios, some of the most common consumer complaints in Maine fall into specific micro-niches.

Retail Bait-and-Switch Tactics

Bait-and-switch is a classic scam where a business advertises a product at a phenomenally low price (the bait). When you arrive at the store in Augusta, the salesperson tells you the advertised item is "sold out" or "defective" and aggressively pressures you to buy a much more expensive model (the switch). Under the UTPA, advertising goods with the intent not to sell them as advertised is strictly illegal.

Fake Going-Out-Of-Business Sales

We have all seen stores that seem to be "closing forever" for three years straight. Businesses sometimes run fake liquidation sales, artificially marking up prices just to "discount" them to regular retail value. This creates a false sense of urgency and tricks consumers into thinking they are getting a clearance deal. This deceptive pricing violates state law.

Undisclosed Service Fees

Whether you are hiring a plumber, booking a venue, or signing a contract with a home contractor, the total price should be transparent. Tacking on massive "administrative fees," "convenience fees," or undisclosed fuel surcharges at the very end of the transaction is a deceptive act. Precedents like State v. Weinschenk, 868 A.2d 200 (ME Supreme Judicial Court 2005) demonstrate that Maine courts take consumer deception, especially in contracting, incredibly seriously.

Step-by-Step Process to Sue Under the UTPA in Maine

Pursuing a business for UTPA violations requires a strategic approach. Here are the steps to build a strong case.

Step 1: Gathering Evidence

Your case is only as strong as your evidence. Keep all receipts, original advertisements, screenshots of the business's website, and any written contracts. If a salesperson made a verbal promise, write down the date, time, and exact words they used while the memory is fresh.

Step 2: Sending a Written Demand Letter

Before rushing to court, you must attempt to resolve the issue. Before a lawsuit can be filed under the UTPA, consumers are generally required to send a formal written demand for relief to the business, allowing them at least 30 days to offer a reasonable settlement. Send this letter via certified mail so you have proof of delivery.

Step 3: Reporting to the Attorney General

If the business ignores your letter, file a complaint with the state. You can submit Form Consumer Complaint, Maine, Attorney General, Consumer Protection Complaint Form directly to the Office of the Maine Attorney General, Consumer Protection Division, Augusta. While the AG's office may not represent you personally, they can pressure the business or use your complaint to launch a broader state investigation.

Step 4: Filing a Complaint in Court

If the business refuses to refund your money, you must file a lawsuit. For claims up to $10,000, you can file Form SC-001, Maine, District Court, Statement of Claim in a local small claims court, such as the Maine District Court, Portland. For larger claims, your attorney will file a formal civil complaint in the Superior Court.

How Much Does it Cost in Maine?

One of the best features of the Maine UTPA is its fee-shifting provision. Under 5 M.R.S. § 213, if you win your lawsuit, the judge may order the business to pay your reasonable attorney's fees and court costs. Because of this, many consumer protection lawyers will take strong UTPA cases on a contingency or heavily subsidized basis, minimizing your upfront costs.

How Long Does the Process Take and the Statute of Limitations?

Under 14 M.R.S. § 752, the statute of limitations for filing a civil lawsuit in Maine, including UTPA claims, is six years from the date the deceptive act occurred. However, it is always best to act immediately. The timeline for a lawsuit varies; small claims cases can often be heard in 2 to 4 months, while larger civil trials can take 12 to 18 months.

Frequently Asked Questions (FAQ)