Montana Code 30-14-1408. Recordkeeping requirements
30-14-1408. Recordkeeping requirements. (1) (a) A telemarketer shall keep records subject to this section for a period of 24 months from the date the record is produced.
Terms Used In Montana Code 30-14-1408
- 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
- 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
- Prize: means anything offered, purportedly offered, given, or purportedly given to a person by chance. 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
- 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
(b)The records that must be kept for the 24-month period include:
(i)all substantially different advertising, brochures, telemarketing scripts, and promotional materials;
(ii)the name and last-known address of each prize recipient and the prize awarded;
(iii)the name and last-known address of each consumer, the goods or services purchased, the date the goods or services were shipped or provided, the amount of goods or services provided, and the amount paid by the consumer for the goods or services;
(iv)the name, any fictitious name used, the last-known home address and telephone number, and the job title for all current and former employees directly involved in telephone sales; however, if the seller or telemarketer permits fictitious names to be used by employees, each fictitious name must be traceable to only one specific employee; and
(v)all written authorizations required to be provided or received under this part.
(2)In the event of any dissolution or termination of a telemarketer’s business, the principal of that telemarketer shall maintain all records as required under this section. In the event of any sale, assignment, or other change in ownership of the seller’s business, the successor shall maintain all records required under this section.