Montana Code 30-14-1404. Registration of sellers or telemarketers
30-14-1404. Registration of sellers or telemarketers. (1) (a) Unless exempt under 30-14-1405, a person may not act as a seller or telemarketer without first having registered with the department.
Terms Used In Montana Code 30-14-1404
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- 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
- Department: means the department of justice created in 2-15-2001. See Montana Code 30-14-1403
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Goods or services: means any real property, any tangible or intangible personal property, or services of any kind provided or offered to a person. See Montana Code 30-14-1403
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or other legal entity. See Montana Code 30-14-1403
- Property: means real and personal property. See Montana Code 1-1-205
- Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
- 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
- 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. 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
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(b)The initial application for registration must be approved by the department prior to a seller or telemarketer offering or offering for sale consumer goods or services through any medium.
(c)A registered seller or telemarketer shall submit an application for renewal of registration annually to the department.
(d)The application for a certificate of registration or renewal must include but is not limited to the following information:
(i)the true name, current address, telephone number, and location of the seller or telemarketer, including each name under which the seller or telemarketer intends to engage in telemarketing;
(ii)each occupation or business that the seller’s or telemarketer’s principal owner has engaged in for the 2 years immediately preceding the date of the application;
(iii)whether any principal or manager has been convicted or pleaded guilty to or is being prosecuted by indictment for racketeering, violations of state or federal securities laws, or a theft offense;
(iv)whether there has been entered against any principal or manager an injunction, a temporary restraining order, or a final judgment in any civil or administrative action involving fraud, theft, racketeering, embezzlement, fraudulent conversion, misappropriation of property, or violation of any federal or state consumer protection law. The information must include any pending litigation against the applicant.
(v)whether the seller, at any time during the previous 7 years, has filed for bankruptcy, been adjudged bankrupt, or been reorganized because of insolvency;
(vi)the true name, current home address, date of birth, social security number, and all other names of the following:
(A)each telemarketer or other person to be employed by the seller;
(B)each person participating in or responsible for the management of the seller’s business; and
(C)each person, office manager, or supervisor principally responsible for the management of the seller’s business;
(vii)the name, address, and account number of every institution where banking or any other monetary transactions are conducted by the seller; and
(viii)a copy of all scripts, outlines, or presentation material that the seller will require a telemarketer to use when soliciting, as well as all sales information to be provided by the seller to a purchaser in connection with any solicitation.
(2)(a) The application for registration or renewal must be accompanied by a surety bond in the amount of $50,000. The bond must provide for indemnification to the state of Montana for any person suffering a loss as the result of violation of this part.
(b)The surety may for any cause cancel the bond upon giving a 60-day written notice by certified mail to the applicant and to the department. Unless the bond is replaced by that of another surety before the expiration of the 60-day notice of cancellation, the registration of the seller or telemarketer must be treated as lapsed.
(c)The surety bond must remain in effect for 1 year from the period the telemarketing business ceases to operate in this state.
(d)(i) Any business required under this part to file a bond with a registration application may file, in lieu of the bond, a certificate of deposit, cash, or a government bond in the amount of $50,000.
(ii)The department shall hold the cash, certificate of deposit, or government bond for 1 year from the period the telemarketing business ceases to operate in this state or registration lapses in order to pay claims made against the telemarketing business for its activities during its period of operation in this state.
(iii)For the purposes of this section, “government bond” means any United States bond, treasury note, or other public debt obligation of the United States that is unconditionally guaranteed as to both interest and principal by the United States.
(e)The registration of a telemarketing business must be treated as lapsed if at any time the amount of the bond, cash, certificate of deposit, or government bond falls below the amount required by this section.
(f)The aggregate liability of the surety company to the state of Montana for all persons injured by a seller’s or telemarketer’s violations may not exceed the amount of the bond.
(3)The following constitute a violation of this part:
(a)failure to register, maintain, or renew a registration if required;
(b)failure to meet the surety bond requirement if required to provide a bond;
(c)including any false or misleading information on a registration application; and
(d)misrepresenting that a seller or telemarketer is registered.
(4)A violation of subsection (3) of this section also constitutes a violation of 30-14-103 and is subject to the penalty provisions of 30-14-1414 and the Montana Unfair Trade Practices and Consumer Protection Act of 1973.