State v. Price-Rite Fuel, Inc., 2011 ME 76

Summary

The Maine Supreme Judicial Court affirmed judgment against Price-Rite Fuel, Inc., related companies, and an individual officer for violations of the Maine Unfair Trade Practices Act arising from unfulfilled prepaid fuel contracts. The court held that the Attorney General’s failure to provide ten days’ advance notice did not bar the action because affidavits established immediate irreparable harm and the defendants showed no prejudice. The court also upheld a civil penalty against the company’s officer based on evidence that he intentionally sold unsecured prepaid fuel contracts while aware of the statutory requirements and the companies’ financial distress.

Holdings

1. The Attorney General's failure to provide ten days' advance notice did not require judgment as a matter of law for Price-Rite because the statutory exception permitting the Attorney General to proceed without notice was satisfied by affidavits establishing immediate irreparable harm to consumers, and defendants failed to show actual prejudice.
2. The trial court did not clearly err in finding that Curro intentionally violated the UTPA, and the civil penalty imposed on him was supported by competent evidence.

Questions Presented

1. Whether the Attorney General's failure to provide the ten-day notice required by 5 M.R.S. § 209 barred the State from maintaining the Maine Unfair Trade Practices Act action or required judgment as a matter of law for defendants.
2. Whether the evidence supported the trial court's finding that Nicholas Curro intentionally violated the Maine Unfair Trade Practices Act, thereby supporting a civil penalty against him.

Disposition

affirmed