Montana Telemarketing Fraud Laws

The Montana Telemarketing Registration and Fraud Prevention Act was enacted to deter telemarketing fraud in Montana. This act requires telemarketers to register, establishes standards of conduct for telemarketers, and to provides penalties for violators. The tables below outline Montana's main telemarketing fraud law as well as the abusive telemarketing acts and practices that are prohibited within the state.

Code Section

Montana Code section 30-14-1414: Telemarketing Fraud

What's Prohibited?

A person commits telemarketing fraud when the person knowingly violates the Montana Telemarketing Registration and Fraud Prevention Act for the purpose of depriving an owner of property.

Penalties

If the value of the property doesn't exceed $500: Punishable by a fine of up to $500, and/or imprisonment for up to six months.

If the value of the property exceeds $500: Punishable by a fine of up to $50,000, and/or imprisonment for up to 10 years.

Code Section

Montana Code section 30-14-1412: Abusive Telemarketing Acts and Practices

What's Prohibited?

It is an abusive telemarketing act or practice for a seller or telemarketer to engage in the following conduct:
  • Using threatening, intimidating, profane, or obscene language
  • Engaging any person repeatedly with behavior that a reasonable person would consider annoying, abusive, or harassing
  • Initiating a telemarketing call to a person who previously stated that they don't want to receive solicitation calls from that seller or telemarketer
  • Engaging in telemarketing to a person's residence at any time other than between 8 a.m. and 9 p.m.
  • Engaging in any other conduct that would be considered abusive to a reasonable consumer, or
  • Intentionally blocking a person using caller ID from accessing the telemarketer's phone number

Prohibited Acts and Practices

In order to deter telemarketing fraud in Montana, the following list of acts and practices that relate to telemarketing is also prohibited. These prohibited acts and practices make it illegal for a seller or telemarketer to purposely or knowingly engage in the following conduct:

  • Advertise or represent that registration as a seller or telemarketer equals an endorsement or approval by the state or any political subdivision of Montana
  • Assist, support, or provide substantial assistance to a telemarketer when the seller knew (or should have known) that the telemarketer was engaged in any violation of the Telemarketing Registration and Fraud Prevention Act
  • Request a fee in advance to remove derogatory information from or improve a person's credit history
  • Requesting or receiving 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
  • 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
  • Procuring the services of a professional courier 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

Additional Resources

State laws change frequently. For case specific information regarding Montana's telemarketing fraud laws contact a local consumer protection lawyer or criminal defense attorney.

Next Steps: Search for a Local Attorney

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