Me. Rev. Stat. tit. 5, §§ 205-A–214 § 208
Exceptions
Operative Text
Nothing in this chapter shall apply to: 1. Regulatory boards. Transactions or actions otherwise permitted under laws as administered by any regulatory board or officer acting under statutory authority of the State or of the United States. This exception applies only if the defendant shows that: A. Its business activities are subject to regulation by a state or federal agency; and B. The specific activity that would otherwise constitute a violation of this chapter is authorized, permitted or required by a state or federal agency or by applicable law, rule or regulation or other regulatory approval. 2. Interstate commerce. 3. Complaints.
Maine's Unfair Trade Practices Act (5 M.R.S. §§ 205-A & 208) carves out certain categories of conduct from its reach entirely. Specifically, transactions that are already regulated and affirmatively authorized by a state or federal regulatory body, activities involving interstate commerce, and matters arising from complaints are not covered by the chapter. The regulatory-board exception only applies when the party claiming it can demonstrate both that their business is subject to agency oversight and that the specific conduct at issue was actually authorized or required by that agency or applicable law.
Plain English — not legal advice.
Property owners and managers operating in Maine should be aware that 5 M.R.S. §§ 205-A & 208 provides limited exceptions to the state's Unfair Trade Practices Act, including one for conduct that is affirmatively authorized by a state or federal regulatory agency. Compliant operators who wish to rely on this exception generally maintain clear documentation showing that their business is subject to agency regulation and that the specific practice in question is permitted or required under that regulatory framework. Relying on this exception without solid documentation of both elements is generally not considered sufficient under the statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Maine should know that 5 M.R.S. §§ 205-A & 208 limits the scope of the Unfair Trade Practices Act by exempting certain regulated activities, interstate commerce, and complaints from its protections. If a landlord claims that a disputed practice falls under one of these exceptions—particularly the regulatory-board exception—the burden is on the landlord to prove both that their business is regulated and that the specific conduct was authorized by a relevant agency. Tenants who believe a practice may still violate the Act despite a claimed exception may consider consulting a tenant-rights organization or legal aid office to understand what enforcement paths, such as filing a complaint with the appropriate agency, may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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