Montana Code 30-14-1411. Prohibited acts and practices
30-14-1411. Prohibited acts and practices. (1) It is a violation of this part for a seller or telemarketer, purposely or knowingly, to engage in the following conduct:
Terms Used In Montana Code 30-14-1411
- 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
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- 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
- 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
(a)advertise or represent that registration as a seller or telemarketer equals an endorsement or approval by the state or any political subdivision of the state;
(b)assist, support, or provide substantial assistance to any telemarketer when the seller knew or should have known that the telemarketer was engaged in any act or practice violating 30-14-1408 or this section;
(c)request a fee in advance to remove derogatory information from or improve a person‘s credit history or credit record;
(d)request or receive payment in advance from a person to recover or otherwise aid in the return of money or any other item lost by the person in a prior telemarketing transaction; however, this subsection does not apply to services rendered to a person by a licensed attorney;
(e)obtain or submit for payment a check, draft, or other form of negotiable paper drawn on a person’s checking, savings, bond, or other account without the person’s express written authorization; or
(f)procure the services of any professional delivery, courier, or other pickup service to obtain immediate receipt or possession of a person’s payment unless the goods are delivered with the opportunity to inspect them before any payment is collected.
(2)Failure to comply with the provisions of subsection (1) 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.