Montana Code 30-14-1409. Acts and practices not governed by part
30-14-1409. Acts and practices not governed by part. The following acts and practices are not subject to the provisions of this part:
Terms Used In Montana Code 30-14-1409
- 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
- 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
- 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
(1)telephone calls in which the sale of goods or services is not completed and payment or authorization of payment is not required until after a face-to-face sales presentation by the seller or telemarketer; and
(2)telephone calls initiated by a consumer that are not the result of any solicitation by a seller or telemarketer.