Consumer Protection

Consumer Protection Maine has two specific consumer protection statutes, the Home Construction Contract Act (HCCA) and the Lemon Law, and a more general statute known as the Unfair Trade Practices Act. New Hampshire and Massachusetts have even tougher consumer protection laws. The attorneys at Nadeau Law, LLC have the experience and skills required to meet the needs of clients in these areas of the law when consumer protection disputes arise.

Maine Home Construction Contract Act (HCCA) In contrast to Massachusetts and New Hampshire, the field of home construction is largely unregulated in the state of Maine. Only electricians and plumbers, as well as health care and legal professionals, must undergo licensing within their trades. All other tradesmen are generally unregulated within the state. The consumer is precariously left in the position commonly known as “buyer beware” when dealing with home construction contractors and other providers of consumer products and services, often at a great cost and with hard lessons learned when the contractor fails to perform or the product or service is deficient.

Under the HCCA, contractors are primarily responsible for compliance with the statute if a cost of more than $3,000.00 in labor and materials is agreed upon between the consumer and contractor. The basic contract must be in writing and must contain, as a minimum: the names of the parties; location of the property; work dates; contract price; method of payment, including a down payment that is no greater than 1/3 of the contract price; description of the work; the warranty; provisions for dispute resolution; change orders; door-to-door sales; residential insulation; energy standards; and consumer protection information.

Nadeau Law, LLC meets the needs of clients when home construction contractors fail to perform. The attorneys at Nadeau & Associates are experienced at dealing with contractors on behalf of their clients, from issuing demand letters to pursuing errant contractors through arbitration and the court process, as necessary. In certain cases, attorney fees and court costs can be included in the recovery. We also represent contractors interested in limiting their liability associated with HCCA complaints.

Maine “Lemon Law” Whether you buy a new or used car, motorcycle, or mobile home, if you experience problems which are covered by the express warranty within the first three years after your vehicle’s original sale, and your motor vehicle has less than 18,000 miles on it, you may be entitled to a refund from the manufacturer or dealer. The problem must substantially impair the use, safety or value of the motor vehicle, and the problem must persist after a reasonable number of attempts to repair your “lemon”. When that happens, you may be entitled to a refund of the full purchase price or lease payments, including taxes, registration fees, and other government charges, plus the reasonable cost of towing, storage, and rental costs for alternate transportation, less the value of your reasonable use. In certain circumstances, you may also be entitled to recover your attorney fees and costs. If you purchase a used vehicle that has been returned to the manufacturer pursuant to the Maine Lemon Law or its counterparts in New Hampshire and Massachusetts if applicable, you are entitled to a clear and conspicuous written disclosure that the vehicle had been returned to the manufacturer under the Lemon Law, that the motor vehicle did not conform to the manufacturer’s express warranty, and the ways in which the motor vehicle did not conform to the manufacturer's express warranties.

Nadeau Law, LLC advocates for clients during arbitration and litigation under the Maine Lemon Law. Many cases are settled at minimal cost with simple demand letters, while others require clients to navigate the complexities of the court system. Our attorneys are experienced in all levels of representing clients at arbitration and during trial.

Unfair or Deceptive Trade Practices The HCCA and Lemon Law implicate the provisions of the Maine Unfair Trade Practices Act (UTPA) which protects consumers against unfair or deceptive practices committed by businesses. Violations of the HCCA and Lemon Law may be considered prima facie evidence of an unfair or deceptive trade practice. Unfair and deceptive practices include misrepresentations, concealment of material facts, fraud, making unsubstantiated advertising claims, high pressure sales techniques, and the deprivation of post-purchase remedies. Remedies for Violations of the UTPA may include recovery for damages, injunctive relief, restitution, and attorney fees.

Nadeau Law, LLC are experienced at representing clients entitled to recovery under the Unfair Trade Practices Act. Often, cases are settled during mediation. In those instances where a fair settlement at mediation is not achieved, our attorneys stand ready to pursue justice for our clients through a courtroom trial.

Consumer Protection in Massachusetts and New Hampshire Consumer protection laws in Massachusetts and New Hampshire are tougher on violators than in Maine. If a violation of the consumer protection laws in Maine occurs, a consumer/victim can be awarded his or her loss, plus attorney fees. In Massachusetts and New Hampshire, if a violation is proven, an aggrieved consumer may be entitled to triple the amount of damages, plus attorney fees.

Nadeau Law, LLC stand ready to meet your needs. Whether you need representation for your consumer protection matter in a simple suit or a highly complex matter involving multiple parties, cross claims, and reams of documents, we stand prepared to zealously represent our clients through every phase of litigation.

Sanford - (207) 324-3500