Me. Rev. Stat. tit. 5, §§ 205-A–214 § 210
Discontinuance; costs
Operative Text
In any case where the Attorney General has authority to institute an action or proceeding under section 209 , in lieu thereof the Attorney General may accept an assurance of discontinuance of any method, act or practice in violation of this chapter from any person alleged to be engaged or to have been engaged in the method, act or practice. The assurance may include a stipulation for the voluntary payment by that person of the costs of investigation, or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved buyers, or both. Any such assurance of discontinuance must be in writing and be filed with the Superior Court of Kennebec County. Matters thus closed may at any time be reopened by the Attorney General for further proceedings in the public interest. Evidence of a violation of the assurance constitutes prima facie evidence of an act or practice declared to be unlawful by this chapter in any action thereafter brought under this chapter.
Under Maine law, 5 M.R.S. §§ 205-A § 210, the Attorney General has the option to resolve potential violations without filing a formal lawsuit by accepting a written "assurance of discontinuance" from a party suspected of engaging in unlawful methods, acts, or practices. This agreement can require the party to voluntarily pay investigation costs, place funds in escrow, or provide restitution to affected buyers. The assurance must be filed with the Superior Court of Kennebec County, and any breach of it serves as prima facie evidence of an unlawful act in any subsequent legal action. The Attorney General retains the authority to reopen closed matters at any time in the public interest.
Plain English — not legal advice.
Property owners and managers operating in Maine should be aware that under 5 M.R.S. §§ 205-A § 210, the Attorney General may approach alleged violators with an offer to resolve concerns through a formal written assurance of discontinuance rather than immediate litigation. Operators who enter into such an agreement are generally expected to fully comply with its terms, which may include paying investigation costs or providing restitution, because any breach can be used as prima facie evidence of unlawful conduct in later proceedings. Maintaining thorough records of business practices and ensuring compliance with Maine's consumer protection chapter helps demonstrate good-faith adherence to any such agreement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Maine tenants who believe they have been harmed by unlawful rental practices may find that 5 M.R.S. §§ 205-A § 210 provides a meaningful avenue for relief, as the Attorney General can secure restitution for aggrieved buyers or tenants through a negotiated assurance of discontinuance rather than a full court proceeding. If a landlord or property manager has entered into such an assurance and then violates its terms, that breach can serve as prima facie evidence of unlawful conduct in any subsequent action under the chapter. Tenants seeking to understand their options may consider contacting the Maine Attorney General's consumer protection division or a local tenant-rights organization for general information about how this provision might apply to their circumstances.
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.
Effective Timeline
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Rules and statutes that cite this regulation