30-14-1601. Definitions. As used in this part, the following definitions apply:

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(1)”Caller identification service” means a type of telephone service that permits telephone subscribers to see the telephone number of incoming telephone calls.

(2)”Department” means the department of justice provided for in 2-15-2001.

(3)”Residential subscriber” means a person who has subscribed to residential telephone service from a local exchange company and the other persons living or residing with the person.

(4)”Telephone solicitation” means any voice communication over a telephone line from a live operator, through the use of an automatic dialing-announcing device, or by other means for the purpose of encouraging the purchase of, rental of, or investment in property, goods, or services. Telephone solicitation does not include communications:

(a)to any residential subscriber with that subscriber’s prior express invitation or permission;

(b)by or on behalf of any person or entity with whom a residential subscriber has had a business contact within the past 180 days or has a current business or personal relationship;

(c)by or on behalf of an entity organized pursuant to section 501(c)(1) through 501(c)(6) of the Internal Revenue Code, 26 U.S.C. § 501(c)(1) through 501(c)(6), while the entity is engaged in fundraising to support the charitable purpose for which the entity was established and provided that a bona fide member of the exempt organization makes the voice communication;

(d)by or on behalf of any entity over which a federal agency has regulatory authority to the extent that:

(i)subject to that authority, the entity is required to maintain a license, permit, or certificate to sell or provide the merchandise being offered through telemarketing; and

(ii)the entity is required by law or rule to develop and maintain a no-call list;

(e)by a natural person responding to a referral or working from the person’s primary residence; or

(f)by a person licensed by the state of Montana to carry out a trade, occupation, or profession who is setting or attempting to set an appointment for actions relating to that licensed trade, occupation, or profession within the state.