TITLE 30 TRADE AND COMMERCE
CHAPTER 14 UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION
PART 16 TELEPHONE SOLICITATION NO-CALL LIST
Mont.Code Anno., § 30-14-1601
30-14-1601 Definitions.
As used in this part, the following definitions apply:
(1)
"Caller identification service" means a type of
telephone service that permits telephone subscribers to see the telephone
number of incoming telephone calls.
(2)
"Department" means the department of justice provided
for in 2-15-2001.
(3)
"Residential subscriber" means a person who has
subscribed to residential telephone service from a local exchange company and
the other persons living or residing with the person.
(4)
"Telephone solicitation" means any voice communication
over a telephone line from a live operator, through the use of an automatic
dialing-announcing device, or by other means for the purpose of encouraging the
purchase of, rental of, or investment in property, goods, or services.
Telephone solicitation does not include communications:
(a)
to any residential subscriber with that subscriber's prior
express invitation or permission;
(b)
by or on behalf of any person or entity with whom a residential
subscriber has had a business contact within the past 180 days or has a current
business or personal relationship;
(c)
by or on behalf of an entity organized pursuant to section 501(c)(1)
through 501(c)(6) of the
Internal Revenue Code, 26 U.S.C. 501(c)(1) through
501(c)(6), while the entity is engaged in fundraising to support the charitable
purpose for which the entity was established and provided that a bona fide
member of the exempt organization makes the voice communication;
(d)
by or on behalf of any entity over which a federal agency has
regulatory authority to the extent that:
(i)
subject to that authority, the entity is required to maintain a
license, permit, or certificate to sell or provide the merchandise being
offered through telemarketing; and
(ii)
the entity is required by law or rule to develop and maintain a
no-call list;
(e)
by a natural person responding to a referral or working from the
person's primary residence; or
(f)
by a person licensed by the state of Montana to carry out a
trade, occupation, or profession who is setting or attempting to set an
appointment for actions relating to that licensed trade, occupation, or
profession within the state.
Compliance Guide:
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