Montana Code 30-14-1412. Abusive acts and practices
30-14-1412. Abusive acts and practices. (1) It is an abusive telemarketing act or practice and a violation of this part for any seller or telemarketer to engage in the following conduct:
Terms Used In Montana Code 30-14-1412
- 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
- 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
- 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)use threatening, intimidating, or profane or obscene language;
(b)engage any person repeatedly or continuously with behavior a reasonable person would consider annoying, abusive, or harassing;
(c)initiate a telemarketing call to a person who has stated previously, in compliance with 16 C.F.R. § part 310 and 47 C.F.R. § 64.1200, that the person does not wish to receive solicitation calls from that seller or telemarketer;
(d)engage in telemarketing to a person’s residence at any time other than between 8 a.m. and 9 p.m. local time at the called person’s location;
(e)engage in any other conduct that would be considered abusive to any reasonable consumer; or
(f)intentionally block a person using caller identification or “*69” from accessing the seller’s or telemarketer’s phone number. It is not a violation of this subsection (1)(f) to provide a reasonable substitute name and number that accurately identify the entity causing the call to be made and a working telephone number at which the entity’s personnel can be contacted.
(2)The department may seek injunctive or declaratory relief or any other remedy provided in Title 30, chapter 14, part 1, for any violations of this section.