TITLE 30 TRADE AND COMMERCE
CHAPTER 14 UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION
PART 14 MONTANA TELEMARKETING REGISTRATION AND FRAUD PREVENTION ACT
Mont. Code Anno., § 30-14-1405
30-14-1405 Exemptions from registration and bonding.
The registration and bonding requirements of 30-14-1404 do not apply to:
(1)
any securities, commodities, or investment brokers, dealers, or investment advisers or any associates of
securities, commodities, or investment brokers, dealers, or investment advisers who are subject to licensure
or registration by the securities and exchange commission, the national association of securities dealers, or
another self-regulatory organization, as defined by 15 U.S.C. 78(c), or by an agency of this state or any
other state and who are soliciting within the scope of their license or registration;
(2)
a person engaged in solicitation for a religious, charitable, political, educational, or other
noncommercial purpose or a person soliciting for a domestic or foreign nonprofit corporation that is
registered with the Montana secretary of state;
(3)
a business-to-business sale;
(4)
a person that solicits sales by periodically publishing and delivering a catalog of the person's
merchandise to prospective purchasers, if the catalog:
(a)
contains a written description or illustration of each item offered for sale;
(b)
includes the business or home address of the person soliciting the sale;
(c)
includes at least 20 pages of written material and illustrations;
(d)
is distributed in more than one state; and
(e)
has a circulation by mailing of not less than 150,000;
(5)
a person who solicits contracts for maintenance or repair of goods previously purchased from that person
or from the person on whose behalf the solicitation is made;
(6)
a person soliciting a transaction regulated by the commodity futures trading commission if the person is
registered or temporarily licensed with the commodity futures trading commission under the Commodity Exchange
Act, Title 7, chapter 1, of the United States Code, and the person's registration or license is not expired,
suspended, or revoked;
(7)
a supervised financial organization or parent, subsidiary, or affiliate of a supervised financial
organization;
(8)
an insurer authorized to transact insurance under Title 33, chapter 2, part 1, a person licensed as an
insurance producer under Title 33, chapter 17, part 2, or staff members, licensed or unlicensed, of the
producer;
(9)
a person soliciting the sale of services provided by a satellite or cable television system or a radio or
television station authorized by the federal government or this state to provide services in this state;
(10)
a telephone company or its subsidiary or agent or other business regulated by the Montana public service
commission, the federal communications commission, a rural telephone cooperative or its subsidiary or agent,
or a federally licensed cellular telephone or radio telecommunication service provider;
(11)
a person soliciting business from consumers that have an existing business relationship with or have
previously purchased from the business enterprise for which the person is soliciting;
(12)
a person operating a retail business establishment under the same name as that used in the solicitation
and:
(a)
the products or services are displayed and offered for sale at the business establishment; and
(b)
a majority of the person's business involves the consumer obtaining the products or services at the
business establishment;
(13)
a person soliciting for the sale of a magazine or newspaper of general circulation;
(14)
an issuer or a subsidiary of an issuer that is authorized to offer securities for sale in this state;
(15)
a book, video, record, or multimedia club, contractual plan, or arrangement:
(a)
under which the seller provides the consumer with a form that the consumer may use to instruct the seller
not to ship the offered merchandise;
(b)
that is regulated by the federal trade commission regulation, 16 CFR 425, concerning the use of negative
option plans by sellers in commerce; or
(c)
that provides for the sale of books, videos, records, multimedia products, or other goods that are not
covered by subsection (15)(a) or (15)(b), including continuity plans, subscription arrangements, standing
order arrangements, single sales, supplements, or series arrangements under which the seller periodically
ships merchandise to a consumer who has consented in advance to receive the merchandise on a periodic basis;
(16)
a real estate salesperson or broker licensed by this state;
(17)
a person that has provided telemarketing sales services under the same name and derives 50% of gross
telemarketing sales revenue from contracts with persons exempted under this section from registration
requirements;
(18)
a person soliciting the sale of food or food products if the solicitation is not intended to and does
not result in a sale in excess of $ 100 to a single address.
Compliance Guide:
Registration Made Easy.
Online State Registration wizard for call campaign licensing.
Wizard makes finding State DNC exemptions easy.
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