§11-106. Inapplicability of other laws; exempt transactions
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/me/title-9-a-maine-consumer-credit-code/11-106·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. A rental-purchase agreement that complies with this Article is not considered or governed by the laws related to:
A. A "home solicitation sale" as defined in section 3‑501 ; [PL 1991, c. 787 (NEW).]
B. A "consumer credit sale" as defined in section 1‑301, subsection 11 ; except that the following sections of the Maine Consumer Credit Code apply: section 1‑107 , waiver, agreement to forego rights, settlement of claims; section 1‑111 , record retention; section 1‑201 , territorial application; section 1‑202 , exclusions; section 1‑203 , jurisdiction and service of process; section 2‑507 , attorney's fees and collection costs; section 3‑202 , notice to consumer; section 3‑203 , notice of assignment; section 3‑305 , no assignment of earnings; section 3‑306 , authorization to confess judgment prohibited; section 3‑307 , certain negotiable instruments prohibited; section 3‑309 , referral sales; section 3‑403 , assignee subject to defenses; section 5‑104 , no garnishment before judgment; section 5‑105 , limitation on garnishment; section 5‑106 , no discharge from employment for garnishment; section 5‑112 , creditor's right to take possession after default; section 5‑113 , venue; section 5‑114 , stay of enforcement of judgment; section 5‑115 , misrepresentation; section 5‑116 , illegal, fraudulent or unconscionable conduct in attempted collection of debts; section 5‑117 , prohibited practices; section 5‑201 , effect of violations on rights of parties; section 5‑202 , refunds and penalties as setoff to obligation; section 5‑301 , violations;
Article VI in its entirety, except that the term "original unpaid balances arising from consumer credit transactions" described in section 6‑203, subsection 2 means "gross rental receipts from rental-purchase agreements" for purposes of administration of this Article; Article 8‑A requirements related to model forms; and Federal Truth in Lending Act, 15 United States Code, Section 1666a requirements related to credit reports; [PL 2011, c. 427, Pt. D, §15 (AMD).]
C. A "consumer lease" as defined in section 1‑301, subsection 13 ; [PL 1991, c. 787 (NEW).]
D. A "sale of goods" as defined in section 1‑301, subsection 33 ; or [PL 1991, c. 787 (NEW).]
E. A "security interest" as defined in Title 11, section 1‑1201, subsection
(35). [PL 2021, c. 676, Pt. A, §11 (AMD).]
[PL 2021, c. 676, Pt. A, §11 (AMD).]
2. This Article does not apply to:
A. A rental-purchase agreement made primarily for business, commercial or agricultural purposes or made with a governmental agency or instrumentality; [PL 1991, c. 787 (NEW).]
B. A lease of a safe-deposit box; [PL 1991, c. 787 (NEW).]
C. A lease or bailment of personal property that is incidental to the lease of real property and does not provide the consumer with an option to purchase the leased property; [PL 1991, c. 787 (NEW).]
D. A lease of an automobile; or [PL 1991, c. 787 (NEW).]
E. A lease of real estate. [PL 1991, c. 787 (NEW).]
[PL 1991, c. 787 (NEW).]