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., § 30-14-1414
30-14-1414 Penalties -- misdemeanor and felony violations -- burden of proof.
(1)
(a)
A person who fails to follow the requirements of 30-14-1404, 30-14-1408, 30-14-1410, 30-14-1411, or
30-14-1412 commits the offense of failure to comply with the requirements of this part. Except as otherwise
provided in 30-14-1411, this offense is specifically intended to be an absolute liability offense as provided
for in 45-2-104.
(b)
A person convicted of the offense of failure to comply with the requirements of this part shall be fined
not to exceed $ 500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
(c)
Upon a second or subsequent conviction for the offense of failure to comply with the requirements of this
part, a person shall be fined not to exceed $ 50,000 or be imprisoned in the state prison for a term not to
exceed 5 years, or both.
(2)
(a)
A person commits the offense of telemarketing fraud when the person knowingly violates this part with
the purpose of depriving an owner of property.
(b)
A person convicted of the offense of telemarketing fraud in which the value of the property does not
exceed $ 500 shall be fined not to exceed $ 500 or be imprisoned in the county jail for a term not to exceed 6
months, or both.
(c)
A person convicted of the offense of telemarketing fraud in which the value of the property exceeds $ 500
or the person has engaged in telemarketing fraud as part of a common scheme shall be fined not to exceed $
50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.
(3)
In any criminal proceeding alleging a violation of this part, the burden of producing evidence to support
a defense based on an exemption under 30-14-1405 or an exception from a definition in 30-14-1403 is on the
person claiming the exemption or exception.
Compliance Guide:
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