Montana Code 30-14-1405. Exemptions from registration and bonding
30-14-1405. Exemptions from registration and bonding. The registration and bonding requirements of 30-14-1404 do not apply to:
Terms Used In Montana Code 30-14-1405
- Consumer: means a person who is or may be required to pay for goods or services offered by a seller or telemarketer through telemarketing. See Montana Code 30-14-1403
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Person: means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or other legal entity. See Montana Code 30-14-1403
- 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. See Montana Code 30-14-1403
- 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. See Montana Code 30-14-1403
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
- 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. See Montana Code 30-14-1403
- 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. See Montana Code 30-14-1403
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(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 C.F.R. § part 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.