Mont.Code Anno., § 30-14-1403
30-14-1403 Definitions.
As used in this part, the following definitions apply:
(1)
"Consumer" means a person who is or may be required to
pay for goods or services offered by a seller or telemarketer through
telemarketing.
(2)
"Department" means the department of justice created
in 2-15-2001.
(3)
"Goods or services" means any
real property, any tangible or intangible personal property, or services of any
kind provided or offered to a person.
(4)
"Material aspect" means any factor likely to affect a
person's choice of or conduct regarding goods or services. The term includes
currency values and comparative expressions of value, including but not limited
to percentages or multiples.
(5)
"Person" means a natural person, corporation, trust,
partnership, incorporated or unincorporated association, or other legal entity.
(6)
"Prize" means anything offered, purportedly offered,
given, or purportedly given to a person by chance.
(7)
"Prize promotion" means a sweepstakes or other game of
chance or an oral or written representation, express or implied, that a person
has won, has been selected to receive, or is eligible to receive a prize or
purported prize.
(8)
"Seller" means a person who, in connection with a
telemarketing transaction, provides, offers to provide, or arranges for others
to provide goods or services to the consumer in exchange for consideration.
(9)
"Solicitation" means a written or oral notification or
advertisement that:
(a)
is transmitted by or on behalf of a seller or telemarketer by
any printed, audio, video, cinematic, telephonic, or electronic means to a
consumer; and
(b)
in the case of a notification or advertisement other than by
telephone, either of the following conditions is met:
(i)
the notification or advertisement is followed by a telephone
call from a seller or telemarketer; or
(ii)
the notification or advertisement induces a response by telephone
and, through that response, a seller or telemarketer attempts to make a sale of
goods or services.
(10)
"Supervised financial organization" means any bank,
trust company, savings and loan association, mutual savings bank, credit union,
industrial loan company, consumer finance lender, commercial finance lender, or
insurer, provided that the organization is subject to supervision by an agency
of this or any other state of the United States or an agency, bureau, or
department of government of the United States.
(11)
"Telemarketer" means a person, located within or
outside of this state, who in connection with
telemarketing initiates or receives telephone calls to or from a consumer in
this state. The term includes a seller directly engaged in telemarketing on the
seller's own behalf or a person engaged in telemarketing at the direction of a
seller.
(12)
"Telemarketing" means a plan, program, or campaign
that is conducted by telephone to induce the purchase of goods or services and
that involves more than one telephone call to a consumer.
