reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 11. Plain Language in Contracts › 30-14-1104. Scope

30-14-1104. Scope.
(1) Except as provided in subsection (2), 30-14-1103 applies to any agreement in connection with a consumer contract entered into in this state between a consumer who is a resident of this state at the time of the transaction and a seller, lessor, or lender.
(2) Section 30-14-1103 does not apply to:
(a) consumer contracts in which the value of the money, property, or services bought, leased, or borrowed exceeds $50,000 at the time of the contract;
(b) consumer contracts in which securities or commodities accounts are bought, leased, or borrowed;
(c) an insurance policy or contract that is subject to the provisions of Title 33;
(d) a seller, lessor, or lender, if it is a government agency or instrumentality;
(e) the provision of public utility service under tariffs approved by the public service commission; or
(f) a transfer of real estate.
(3) The use of specific language expressly required or authorized by a court decision, state or federal statute or administrative rule, or governmental agency is not a violation of this part; nor is a legal description of real property a violation of this part.
History: En. Sec. 4, Ch. 615, L. 1985; amd. Sec. 1, Ch. 185, L. 1987.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 11. Plain Language in Contracts › 30-14-1111. Consumer's remedy

30-14-1111. Consumer's remedy.
(1) Except as otherwise provided in 30-14-1112, if an agreement does not comply with the requirements of 30-14-1103, the seller, lessor, or lender is liable to a consumer who signed the agreement in an amount equal to:
(a) $50 plus any actual damages; and
(b) costs of the action.
(2) A consumer may bring an action under this section in any court of competent jurisdiction.
History: En. Sec. 5, Ch. 615, L. 1985.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 11. Plain Language in Contracts › 30-14-1112. Limitations on remedies

30-14-1112. Limitations on remedies.
(1) A consumer may not bring an action under 30-14-1111 after the date on which the consumer's obligations in connection with the agreement are scheduled to be finally performed.
(2) A seller, lessor, or lender is not liable under 30-14-1111 if a good faith attempt is made to comply with requirements of 30-14-1103.
(3) Noncompliance with the requirements of 30-14-1103 does not make a consumer transaction void or voidable if it is otherwise legal, nor may a consumer raise noncompliance as a defense to an obligation to perform in connection with the transaction.
(4) In a class action brought under 30-14-1111, the seller, lessor, or lender is liable under 30-14-1111 for not more than $10,000 plus actual damages.
(5) In any individual transaction, if there is more than one consumer who is party to a single-consumer contract, only one award of statutory damages may be made for that transaction.
(6) A consumer may not bring an action under this part on a contract if the consumer was represented at the signing of the contract by an attorney.
(7) Punitive damages may not be assessed in an action brought under this part.
History: En. Sec. 6, Ch. 615, L. 1985; amd. Sec. 967, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 11. Plain Language in Contracts › 30-14-1113. Remedies cumulative -- waiver void

30-14-1113. Remedies cumulative -- waiver void.
(1) Nothing in this part precludes a consumer from making any claim or raising any defense that would have been available to the consumer if this part were not in effect.
(2) A consumer may not waive the rights provided by this part, and any such waiver is void.
History: En. Sec. 7, Ch. 615, L. 1985.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 12. Wheelchair Warranties › 30-14-1202. Definitions

30-14-1202. Definitions.
As used in this part, the following definitions apply:
(1) "Collateral costs" mean the expenses incurred by a consumer for the repair of a nonconformity, including the costs of obtaining an alternative wheelchair.
(2) "Consumer" means a person:
(a) who purchases a wheelchair from a wheelchair dealer or manufacturer for purposes other than resale;
(b) to whom the wheelchair is transferred for purposes other than resale if the transfer occurred before the expiration of an express warranty applicable to the wheelchair;
(c) who may enforce the warranty; or
(d) who leases a wheelchair from a wheelchair lessor under a written lease.
(3) "Manufacturer" means a person or an agent of a person who manufactures or assembles wheelchairs. The term includes an importer, factory branch, and any warrantor of the manufacturer's wheelchairs. The term does not include a wheelchair dealer.
(4) "Nonconformity" means a defect that substantially impairs the use, value, or safety of a wheelchair or that is covered by an express warranty applicable to the wheelchair or to components of a wheelchair. The term does not include a condition that is the result of abuse, neglect, or unauthorized modification or alteration of the wheelchair by the consumer.
(5) "Wheelchair" means a manually powered or motor-driven wheelchair, scooter, or other motorized device that is used for mobility assistance, that costs $500 or more, and that a consumer purchases or accepts by transfer.
(6) "Wheelchair dealer" means a person who is in the retail business of selling wheelchairs.
History: En. Sec. 2, Ch. 259, L. 1995.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 12. Wheelchair Warranties › 30-14-1203. Express written warranty for wheelchairs -- failure to furnish -- implied warranty

30-14-1203. Express written warranty for wheelchairs -- failure to furnish -- implied warranty.
(1) A manufacturer who sells a wheelchair to a consumer, either directly or through a wheelchair dealer, shall furnish the consumer with an express written warranty against nonconformity.
(2) The duration of the express written warranty may not be less than 1 year after the date of delivery of the wheelchair to the consumer.
(3) If a manufacturer fails to furnish an express written warranty, the wheelchair is covered by a warranty as if the manufacturer had furnished an express written warranty to the consumer under subsection (1). The implied warranty is for a period of 2 years following the date of delivery of the wheelchair to the consumer.
History: En. Sec. 3, Ch. 259, L. 1995.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 12. Wheelchair Warranties › 30-14-1204. Replacement for nonconformity to warranty

30-14-1204. Replacement for nonconformity to warranty.
(1) If, after a reasonable number of attempts to repair the nonconformity during the warranty period, the manufacturer or the wheelchair dealer is unable to conform the wheelchair to the warranty by repairing or correcting the nonconformity, the manufacturer shall, at the direction of the consumer either:
(a) replace the wheelchair with a new wheelchair of the same model and style and of comparable value, unless the replacement is impossible because of lack of availability, in which case the manufacturer shall replace it with a wheelchair of similar functional benefit and comparable value. Additionally, the manufacturer shall refund any finance charges and collateral costs to the consumer.
(b) accept return of the wheelchair from the consumer and refund the full purchase price or the total of all lease payments, plus any finance charges, collateral costs, and incidental damages, less a reasonable allowance for the consumer's use of the wheelchair. A reasonable allowance for use may not exceed an amount obtained by multiplying the purchase price by a fraction with a denominator of 1,825 and a numerator of the number of days the wheelchair was usable before the consumer first reported the nonconformity to the wheelchair dealer. A person may not enforce a lease against the consumer after the consumer returns a wheelchair under this subsection.
(2) A manufacturer who replaces a wheelchair in accordance with subsection (1)(a) or refunds the purchase price of a wheelchair in accordance with subsection (1)(b) shall also refund to the dealer the dealer's reasonable costs of the exchange or refund.
(3) A wheelchair returned by a consumer in this state pursuant to this section or by a consumer in another state under a similar law of the other state may not be sold or leased again in this state unless a full disclosure is made to a prospective consumer of the reasons for the return.
History: En. Sec. 4, Ch. 259, L. 1995.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 12. Wheelchair Warranties › 30-14-1205. Reasonable number of attempts to conform -- presumption

30-14-1205. Reasonable number of attempts to conform -- presumption.
A reasonable number of attempts to conform a new wheelchair to the applicable warranty is presumed to have been made for the purposes of 30-14-1204 if:
(1) the same nonconformity has been subject to repair two or more times by the manufacturer or the wheelchair dealer during the warranty period and the nonconformity continues to exist; or
(2) the wheelchair is out of service because of a nonconformity for a cumulative total of 45 days during the warranty period after notification of the manufacturer or wheelchair dealer.
History: En. Sec. 5, Ch. 259, L. 1995.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 12. Wheelchair Warranties › 30-14-1206. Liability to manufacturer -- wheelchair dealer exemption

30-14-1206. Liability to manufacturer -- wheelchair dealer exemption.
A wheelchair dealer is not liable to a manufacturer for a refund or wheelchair replacement in the absence of evidence that indicates that the repairs made by the dealer were carried out in a manner inconsistent with the manufacturer's instructions.
History: En. Sec. 6, Ch. 259, L. 1995.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 12. Wheelchair Warranties › 30-14-1207. Consumer's rights

30-14-1207. Consumer's rights.
(1) This part may not be considered to limit the rights or remedies available to a consumer under any other law or contract.
(2) A waiver of rights under this part by a consumer is void.
(3) A consumer's rights and remedies under this part are in addition to the rights and remedies provided in chapter 2A.
(4) If the manufacturer fails to comply with 30-14-1204(1)(a) or (1)(b), a consumer may bring an action to recover for damages caused by a violation of this part. The court may award a consumer who prevails in an action triple the amount of any pecuniary loss. A court may also award costs, disbursements, reasonable attorney fees, and any equitable relief that the court determines is appropriate.
History: En. Sec. 7, Ch. 259, L. 1995.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 13. Service Contracts -- Vehicle Theft Protection Products › 30-14-1303. Required disclosures -- reimbursement insurance policy

30-14-1303. Required disclosures -- reimbursement insurance policy.
(1) Reimbursement insurance policies insuring service contracts or vehicle theft protection product warranties issued, sold, or offered for sale in this state must state that the insurer that issued the reimbursement insurance policy shall either reimburse or pay on behalf of the provider any covered sums that the provider is legally obligated to pay or, in the event of the provider's nonperformance, shall provide the service that the provider is legally obligated to perform according to the provider's contractual obligations under the service contracts or vehicle theft protection product warranties issued or sold by the provider.
(2) If covered service is not provided by the provider within 60 days of proof of loss by the service contract holder or vehicle protection product warranty holder, the contract holder or warranty holder is entitled to apply directly to the reimbursement insurance company.
History: En. Sec. 3, Ch. 162, L. 2007; amd. Sec. 3, Ch. 525, L. 2023.
2023 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 › 30-14-1401. Short title

30-14-1401. Short title.
This part may be cited as the "Montana Telemarketing Registration and Fraud Prevention Act".
History: En. Sec. 1, Ch. 342, L. 1999.
2023 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 › 30-14-1402. Purpose -- scope -- rulemaking

30-14-1402. Purpose -- scope -- rulemaking.
(1) The purposes of this part are to require telemarketers to register in this state, to establish standards of conduct for telemarketers, and to provide penalties for violations of this part.
(2) This part does not apply to any claim brought by a person under Title 30, chapter 14, part 5, and the provisions of Title 30, chapter 14, part 5, do not apply to any claim brought by a person pursuant to the provisions of this part.
(3) The department shall adopt rules to implement the provisions of this part. The rules must include but are not limited to rules:
(a) establishing forms and procedures for registration, registration renewal, and bonding of sellers or telemarketers;
(b) for administering a telemarketing fraud consumer awareness program; and
(c) ensuring that proper procedures are in place for maintaining civil and criminal actions for violations of this part.
History: En. Sec. 2, Ch. 342, L. 1999.
2023 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 › 30-14-1406. Telemarketing fraud consumer awareness program

30-14-1406. Telemarketing fraud consumer awareness program.
The department shall establish and administer a telemarketing fraud consumer awareness program. The program must be funded as provided in 30-14-1407(2).
History: En. Sec. 6, Ch. 342, L. 1999.
2023 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 › 30-14-1407. Authority of department and county attorney

30-14-1407. Authority of department and county attorney.
(1) The department and a county attorney have the same authority to enforce and carry out the provisions of this part as they have under Title 30, chapter 14, part 1.
(2) All civil fines, costs, and fees received or recovered by the department pursuant to this section must be deposited into a state special revenue account to the credit of the department and must be used to defray the expenses of the department in discharging its administrative and regulatory powers and duties in relation to this section and to fund the telemarketing fraud consumer awareness program established in 30-14-1406. Any excess civil fines, costs, or fees must be deposited in the general fund.
(3) All civil fines, costs, and fees received or recovered by a county attorney must be paid to the general fund of the county in which the action was commenced.
History: En. Sec. 7, Ch. 342, L. 1999; amd. Sec. 44, Ch. 130, L. 2005; amd. Sec. 11, Ch. 280, L. 2005.
2023 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 › 30-14-1408. Recordkeeping requirements

30-14-1408. Recordkeeping requirements.
(1) (a) A telemarketer shall keep records subject to this section for a period of 24 months from the date the record is produced.
(b) The records that must be kept for the 24-month period include:
(i) all substantially different advertising, brochures, telemarketing scripts, and promotional materials;
(ii) the name and last-known address of each prize recipient and the prize awarded;
(iii) the name and last-known address of each consumer, the goods or services purchased, the date the goods or services were shipped or provided, the amount of goods or services provided, and the amount paid by the consumer for the goods or services;
(iv) the name, any fictitious name used, the last-known home address and telephone number, and the job title for all current and former employees directly involved in telephone sales; however, if the seller or telemarketer permits fictitious names to be used by employees, each fictitious name must be traceable to only one specific employee; and
(v) all written authorizations required to be provided or received under this part.
(2) In the event of any dissolution or termination of a telemarketer's business, the principal of that telemarketer shall maintain all records as required under this section. In the event of any sale, assignment, or other change in ownership of the seller's business, the successor shall maintain all records required under this section.
History: En. Sec. 8, Ch. 342, L. 1999.
2023 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 › 30-14-1409. 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:
(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.
History: En. Sec. 9, Ch. 342, L. 1999.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 17. Impediment of Identity Theft › 30-14-1703. Record destruction

30-14-1703. Record destruction.
A business shall take all reasonable steps to destroy or arrange for the destruction of a customer's records within its custody or control containing personal information that is no longer necessary to be retained by the business by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable or undecipherable.
History: En. Sec. 6, Ch. 518, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 17. Impediment of Identity Theft › 30-14-1705. Department to restrain unlawful acts -- penalty

30-14-1705. Department to restrain unlawful acts -- penalty.
(1) Whenever the department has reason to believe that a person has violated this part and that proceeding would be in the public interest, the department may bring an action in the name of the state against the person to restrain by temporary or permanent injunction or temporary restraining order the use of the unlawful method, act, or practice upon giving appropriate notice to that person pursuant to 30-14-111(2).
(2) The provisions of 30-14-111(3) and (4) and 30-14-112 through 30-14-115 apply to this part.
(3) A violation of this part is a violation of 30-14-103, and the penalties for a violation of this part are as provided in 30-14-142.
History: En. Sec. 8, Ch. 518, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 17. Impediment of Identity Theft › 30-14-1712. Fraudulent electronic misrepresentation -- penalties -- exemption

30-14-1712. Fraudulent electronic misrepresentation -- penalties -- exemption.
(1) An individual or business that, by means of a website, an electronic mail message, or otherwise through the internet, solicits, requests, or takes an action to induce another individual or business to provide personal information by purporting to be a third-party individual or a business without the authority or approval of the third-party individual or business is guilty of a theft of identity, as provided in 45-6-332(1). This crime of fraudulent electronic misrepresentation is commonly known as "phishing".
(2) An individual or a business that is adversely affected by a violation of subsection (1) has a private right of action, as provided in 30-14-1713.
(3) The attorney general or a county attorney in a county where the violation under subsection (1) is reported may bring a criminal action against an individual or a business accused of engaging in a pattern and practice of violating subsection (1) and, in addition to bringing a criminal action, may request a court of competent jurisdiction to issue a temporary injunction against the continued use of a website, an electronic mail message, or the internet by the individual or business served with the injunction.
(4) An internet services provider may not be held liable for identifying, removing, or disabling access to an internet website or other online location if the internet services provider believes that the internet website or other online location is being used to engage in a violation of this section.
History: En. Sec. 1, Ch. 276, L. 2007.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 17. Impediment of Identity Theft › 30-14-1713. Remedies for fraudulent electronic misrepresentation

30-14-1713. Remedies for fraudulent electronic misrepresentation.
(1) A business, including the owner of a website or the owner of a trademark, that is adversely affected by a violation of 30-14-1712(1) may bring an action to recover the greater of actual damages or $500,000.
(2) An individual who is adversely affected by a violation of 30-14-1712(1) may bring an action against an individual or a business that has directly violated 30-14-1712(1) for the greater of three times actual damages or $5,000 for each violation.
History: En. Sec. 2, Ch. 276, L. 2007.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 17. Impediment of Identity Theft › 30-14-1722. Identity theft impediments -- credit card renewal -- telephone accounts

30-14-1722. Identity theft impediments -- credit card renewal -- telephone accounts.
(1) A credit card issuer that receives a change of address request, other than for a correction of a typographical error, from a cardholder who orders a replacement credit card within 60 days before or after that request is received shall send to that cardholder a change of address notification that is addressed to the cardholder at the cardholder's previous address of record. If the replacement credit card is requested prior to the effective date of the change of address, the notification must be sent within 30 days of the change of address request. If the replacement credit card is requested after the effective date of the change of address, the notification must be sent within 30 days of the request for the replacement credit card.
(2) Any business entity that provides telephone accounts that receives a change of address request, other than for a correction of a typographical error, from an account holder who orders new service shall send to that account holder a change of address notification that is addressed to the account holder at the account holder's previous address of record. The notification must be sent within 30 days of the request for new service.
(3) The notice required pursuant to subsection (1) or (2) may be given by telephone or electronic mail communication if the credit card issuer or business entity that provides telephone accounts reasonably believes that it has the current telephone number or electronic mail address for the account holder or cardholder who has requested a change of address. If the notification is in writing, it may not contain the consumer's account number, social security number, or other personal identifying information but may contain the consumer's name, previous address, and new address of record. For business entities described in subsection (2), the notification may also contain the account holder's telephone number.
(4) A credit card issuer or a business entity that provides telephone accounts is not required to send a change of address notification when a change of address request is made in person by a consumer who has presented valid identification or is made by telephone and the requester has provided a unique alphanumeric password.
(5) As used in this section, the following definitions apply:
(a) "Credit card" has the meaning provided in 30-14-1721.
(b) "Telephone account" means an account with a telecommunications carrier, as defined in 69-3-803.
History: En. Sec. 3, Ch. 518, L. 2005.