reglab/housing_qa huggingface dataset:
MT Code § 30-14-1411 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 14. Montana Telemarketing Registration and Fraud Prevention Act|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:   (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.   History: En. Sec. 11, Ch. 342, L. 1999.
MT Code § 30-14-1412 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 14. Montana Telemarketing Registration and Fraud Prevention Act|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:   (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 CFR 310 and 47 CFR 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.   History: En. Sec. 12, Ch. 342, L. 1999; amd. Sec. 1, Ch. 350, L. 2001; amd. Sec. 12, Ch. 280, L. 2005.
MT Code § 30-14-1413 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 14. Montana Telemarketing Registration and Fraud Prevention Act|30-14-1413. Civil remedies -- venue -- burden of proof

  30-14-1413. Civil remedies -- venue -- burden of proof. (1) The sale of any goods or services by an unregistered seller or telemarketer that is required to register is void. A person obtaining a judgment for damages, attorney fees, or costs against a seller or telemarketer pursuant to this section has the right to be reimbursed for those damages, attorney fees, or costs from any bond or security posted by the seller or telemarketer pursuant to the provisions of 30-14-1404.  (2) A person that suffers a loss or harm as a result of an unfair and deceptive act or practice or a prohibited act or practice is entitled to recover actual damages or $500, whichever is greater, attorney fees, court costs, and any other remedies provided by law.   (3) In addition to the remedies provided in subsection (2), a person that suffers harm as a result of an abusive act or practice is entitled to receive injunctive or declaratory relief.   (4) (a) The department or a county attorney, on behalf of state residents who have suffered a loss or harm as a result of a violation of this part, may seek any remedy provided by Title 30, chapter 14, part 1.   (b) The proper place for trial for an action based on a claim of a violation of this part is the district court in the county in which the alleged violation occurred.   (5) In a civil proceeding alleging a violation of this part, the burden of proving an exemption under 30-14-1405 or an exception to a definition contained in 30-14-1403 is on the person claiming the exemption or exception.   History: En. Sec. 13, Ch. 342, L. 1999; amd. Sec. 13, Ch. 280, L. 2005; amd. Sec. 11, Ch. 535, L. 2021.
MT Code § 30-14-1414 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 14. Montana Telemarketing Registration and Fraud Prevention Act|30-14-1414. Penalties -- misdemeanor and felony violations -- burden of proof

  30-14-1414. Penalties -- misdemeanor and felony violations -- burden of proof. (1) (a) A person who fails to follow the requirements of 30-14-1404, 30-14-1408, 30-14-1410, 30-14-1411, or 30-14-1412 commits the offense of failure to comply with the requirements of this part. Except as otherwise provided in 30-14-1411, this offense is specifically intended to be an absolute liability offense as provided for in 45-2-104.   (b) A person convicted of the offense of failure to comply with the requirements of this part shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.   (c) Upon a second or subsequent conviction for the offense of failure to comply with the requirements of this part, a person shall be fined not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 5 years, or both.   (2) (a) A person commits the offense of telemarketing fraud when the person knowingly violates this part with the purpose of depriving an owner of property.   (b) A person convicted of the offense of telemarketing fraud in which the value of the property does not exceed $500 shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.   (c) A person convicted of the offense of telemarketing fraud in which the value of the property exceeds $500 or the person has engaged in telemarketing fraud as part of a common scheme shall be fined not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.   (3) In any criminal proceeding alleging a violation of this part, the burden of producing evidence to support a defense based on an exemption under 30-14-1405 or an exception from a definition in 30-14-1403 is on the person claiming the exemption or exception.   History: En. Sec. 14, Ch. 342, L. 1999.
MT Code § 30-14-1501 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 15. Unsolicited Advertisement Facsimile Transmissions|30-14-1501. Definitions -- unsolicited advertisement through facsimile transmission prohibited -- violation

  30-14-1501. Definitions -- unsolicited advertisement through facsimile transmission prohibited -- violation. (1) As used in this section, the following definitions apply:   (a) "Telephone facsimile machine" means equipment that has the capacity to:   (i) transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line onto paper; or   (ii) transcribe text or images, or both, from an electronic signal received over a regular telephone line onto paper.   (b) "Unsolicited advertisement" means any material advertising the commercial availability or quality of any property, goods, or service that is transmitted to a person without that person's prior express invitation or permission.   (2) (a) Except as provided in subsection (2)(b), a person may not use a telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine.   (b) The prohibition contained in subsection (2)(a) does not pertain to a facsimile transmission containing public safety information that is sent by a law enforcement or public safety entity.   (3) A violation of this section is a violation of Title 30, chapter 14, part 1.   History: En. Sec. 1, Ch. 312, L. 2003.
MT Code § 30-14-1601 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 16. Telephone Solicitation No-Call List|30-14-1601. Definitions

  30-14-1601. Definitions. As used in this part, the following definitions apply:   (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.   History: En. Sec. 1, Ch. 589, L. 2003; amd. Sec. 14, Ch. 280, L. 2005.
MT Code § 30-14-1602 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 16. Telephone Solicitation No-Call List|30-14-1602. Telephone solicitation of residential subscribers on no-call list prohibited

  30-14-1602. Telephone solicitation of residential subscribers on no-call list prohibited. A person or entity may not make or cause to be made any telephone solicitation to the telephone line of any residential subscriber in this state who has given notice to the department, in accordance with rules promulgated pursuant to 30-14-1603, of the residential subscriber's objection to receiving telephone solicitations.   History: En. Sec. 2, Ch. 589, L. 2003.
MT Code § 30-14-1603 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 16. Telephone Solicitation No-Call List|30-14-1603. Department to provide for no-call list database -- rules -- inclusion of national database -- database not public record -- no cost to subscribers

  30-14-1603. Department to provide for no-call list database -- rules -- inclusion of national database -- database not public record -- no cost to subscribers. (1) The department shall provide for the operation of a database containing a list of names and telephone numbers of residential subscribers who object to receiving telephone solicitations. A residential subscriber may be listed in the database without cost to the subscriber.   (2) The department shall promulgate rules and regulations governing the state no-call database that are necessary and appropriate to fully implement the provisions of this part. The rules must include but are not limited to rules specifying:   (a) the methods by which each residential subscriber may give notice to the department or a contractor designated by the department of the residential subscriber's objection to receiving telephone solicitations or the methods by which the residential subscriber may revoke the notice;   (b) the length of time for which a notice of objection is effective and the effect of a change of telephone number on the notice;   (c) the methods by which pertinent information may be collected and added to the no-call database;   (d) the methods for obtaining access to the no-call database by any person or entity desiring to make telephone solicitations if that person or entity is required to avoid calling the residential subscribers included in the no-call database;   (e) the cost to be assessed to a person or entity that is required to obtain access to the no-call database; and   (f) other matters relating to the no-call database that the department considers desirable.   (3) If the federal communications commission establishes a single national database of telephone numbers of residential subscribers who object to receiving telephone solicitations pursuant to 47 U.S.C. 227(c)(3), the department shall include that part of the single national database that relates to Montana in the no-call database established pursuant to this section.   (4) Information contained in the no-call database established pursuant to this section may be used only for the purpose of compliance with 30-14-1602 and this section or in a proceeding or action pursuant to 30-14-1605. The information is confidential information as defined in 2-6-1002 and is protected from disclosure.   (5) In April, July, October, and January of each year, the department shall make a reasonable attempt to obtain subscription listings of residential subscribers in this state who have arranged to be included on any national no-call list and add those names to the state no-call list.   History: En. Sec. 3, Ch. 589, L. 2003; amd. Sec. 15, Ch. 280, L. 2005; amd. Sec. 49, Ch. 348, L. 2015.
MT Code § 30-14-1604 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 16. Telephone Solicitation No-Call List|30-14-1604. Interference with caller identification service prohibited

  30-14-1604. Interference with caller identification service prohibited. (1) Any person or entity who makes a telephone solicitation to the telephone line of any residential subscriber in this state shall, at the beginning of the call, state clearly the identity of the person or entity initiating the call.   (2) A person or entity who makes a telephone solicitation to the telephone line of a residential subscriber in this state may not knowingly use any method to block or otherwise circumvent the residential subscriber's use of a caller identification service.   History: En. Sec. 4, Ch. 589, L. 2003.
MT Code § 30-14-1605 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 16. Telephone Solicitation No-Call List|30-14-1605. Penalties -- department to enforce civil, criminal, and injunctive relief -- private actions -- defenses -- statute of limitations

  30-14-1605. Penalties -- department to enforce civil, criminal, and injunctive relief -- private actions -- defenses -- statute of limitations. (1) (a) The department or a county attorney may initiate proceedings relating to a knowing violation or threatened knowing violation of 30-14-1602 or 30-14-1604.   (b) The proceedings may include a request for any of the following:   (i) an injunction;   (ii) a civil penalty up to a maximum of $5,000 for each knowing violation;   (iii) additional relief that a court of competent jurisdiction may order.   (c) The department may issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in the course of investigating a violation of 30-14-1602 or 30-14-1604.   (2) In addition to the penalties provided in subsection (1), any person or entity that violates 30-14-1604 is subject to all penalties, including criminal penalties, remedies, and procedures provided in the unfair trade practices and consumer protection laws, as provided for in Title 30, chapter 14, parts 1 and 2. The remedies available in this section are cumulative and in addition to any other remedies available by law.   (3) Any residential subscriber who has received more than one telephone solicitation within any 12-month period by or on behalf of the same person or entity in violation of 30-14-1602 or 30-14-1604 may bring an action to:   (a) enjoin the violation; and   (b) recover the greater of:   (i) the actual monetary loss from a knowing violation; or   (ii) $5,000 in damages for each knowing violation.   (4) It is a defense in any action or proceeding brought pursuant to this section that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of 30-14-1602 or 30-14-1604.   (5) An action or proceeding may not be brought pursuant to this section more than 2 years after:   (a) the person bringing the action knew or should have known of the occurrence of the alleged violation; or   (b) the termination of any proceeding or action arising out of the same violation or violations by the state of Montana.   (6) A court of this state may exercise personal jurisdiction, in the manner provided by law, over any nonresident or the nonresident's executor or administrator as to an action or proceeding authorized by this section.   (7) The remedies, duties, prohibitions, and penalties provided in this part are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law.   (8) A provider of telephone caller identification service may not be held liable for violations of 30-14-1602 or 30-14-1604 that are committed by other persons or entities.   History: En. Sec. 5, Ch. 589, L. 2003.
MT Code § 30-14-1606 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 16. Telephone Solicitation No-Call List|30-14-1606. Telephone solicitation no-call list administration account -- purpose and administration

  30-14-1606. Telephone solicitation no-call list administration account -- purpose and administration. (1) There is a telephone solicitation no-call list administration account in the state special revenue fund for administration of this part by the department.   (2) Revenue generated from fees collected from persons or entities obtaining access to the no-call list database and any civil penalties recovered by the department pursuant to 30-14-1605 must be deposited into the telephone solicitation no-call list administration account.   History: En. Sec. 6, Ch. 589, L. 2003.
MT Code § 30-14-1701 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1701. Purpose

  30-14-1701. Purpose. The purpose of 30-14-1701 through 30-14-1705, 30-14-1712, and 30-14-1713 is to enhance the protection of individual privacy and to impede identity theft as prohibited by 45-6-332.   History: En. Sec. 4, Ch. 518, L. 2005; amd. Sec. 3, Ch. 276, L. 2007.
MT Code § 30-14-1702 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 14. Unfair Trade Practices and Consumer Protection|Part 17. Impediment of Identity Theft|30-14-1702. Definitions

  30-14-1702. Definitions. As used in 30-14-1701 through 30-14-1705, 30-14-1712, and 30-14-1713, unless the context requires otherwise, the following definitions apply:   (1) (a) "Business" means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit, including a financial institution organized, chartered, or holding a license or authorization certificate under the law of this state, any other state, the United States, or any other country or the parent or the subsidiary of a financial institution. The term includes an entity that destroys records. The term also includes industries regulated by the public service commission or under Title 30, chapter 10.   (b) The term does not include industries regulated under Title 33.   (2) "Customer" means an individual who provides personal information to a business for the purpose of purchasing or leasing a product or obtaining a service from the business.   (3) "Electronic mail message" means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or electronic mailbox and a reference to an internet domain, whether or not displayed, to which an electronic message can be sent or delivered.   (4) "Individual" means a natural person.   (5) "Internet" has the meaning provided in 2-17-551.   (6) "Internet services provider" has the meaning provided in 2-17-602.   (7) "Personal information" means an individual's name, signature, address, or telephone number, in combination with one or more additional pieces of information about the individual, consisting of the individual's passport number, driver's license or state identification number, insurance policy number, bank account number, credit card number, debit card number, passwords or personal identification numbers required to obtain access to the individual's finances, or any other financial information as provided by rule. A social security number, in and of itself, constitutes personal information.   (8) (a) "Records" means any material, regardless of the physical form, on which personal information is recorded.   (b) The term does not include publicly available directories containing personal information that an individual has voluntarily consented to have publicly disseminated or listed, such as name, address, or telephone number.   (9) "Website" means an electronic location that has a single uniform resource locator or other single location with respect to the internet.   History: En. Sec. 5, Ch. 518, L. 2005; amd. Sec. 4, Ch. 276, L. 2007.